Constitutional Law: Fishy Devolution Anomalies
Constitutional law classes had us believing that the West Lothian question was the big issue of devolution…
Lawyers and politicians have wrangled over it since 1977 when Tam Dalyell, Labour MP for the Scottish constituency of West Lothian raised it during a House of Commons debate over Scottish and Welsh devolution. But now a couple of Scottish anglers are casting their luck in court over something far more critical:
The Scottish Law Journal: Two anglers are set to mount a legal challenge against charges of catching fish in a Scottish tributary of the River Esk without an English rod license. Although the Esk rises in Dumfries and Galloway, it eventually crosses the English Border. During devolution, it was decided administration for the entire river should fall to the English Environment Agency, while responsibility for the River Tweed – which also crosses the border – was given to the Scottish Parliament.
The challenge follows dissatisfaction with the 2005 imposition of a £70 English rod license for Scottish anglers fishing the Esk. Tuition fees eat your heart out.
