Controversial Forth oil transfers first target of new government

The Greens believe they have come up with a parliamentary device which would force Forth Ports, the body responsible for the decision on the transfer plans, to get Scottish Executive permission before allowing the scheme to go ahead.

Robin Harper, the Greens' leader, said the move could be accepted by parliament in a matter of days and may become law within weeks.

Mr Salmond said he accepted the Greens' argument in principle but stressed that he wanted to study their proposal in detail before giving his party's backing. If, as expected, Mr Salmond does accept the Green proposal, then this could be the SNP Executive's first move in government.

And, as the Liberal Democrats and some Labour MSPs also oppose the ship-to-ship transfer plans, it could also be the first example of the sort of cross-party co-operation which Mr Salmond needs to foster if he is to run the Executive effectively.

The plans by SPT Marine Services to transfer about 7.8 million tonnes of Russian crude oil every year between tankers anchored four miles off the coast are highly contentious.

Environmentalists have raised concerns but SPT Marine insists its plans are safe. However, much of the parliamentary anger has been directed at Forth Ports, which stands to benefit financially from the scheme.

The Greens have led calls for the Scottish Parliament to be given an overarching role in these sorts of decisions, taking the say away from private companies like Forth Ports. Now they believe they have come up with a way of handing control back to the Scottish Parliament and the Executive.

They believe a "statutory instrument" - a parliamentary procedure - could be passed.

This would force Forth Ports to apply for a "certificate of compliance" with the Habitats Directive from the Scottish Executive, before any proposals which might harm the environment could be agreed to.

This would give ministers an effective veto over the ship-to-ship plans, without involving Westminster or Whitehall and without having to drive complicated primary legislation through the parliament.

There were no proposals in the SNP manifesto to bring control over oil transfers under the Executive's control but the party had campaigned for this in Fife and the Lothians in the run-up to the election.

Mr Salmond said: "The central issue here is whether you can have ship-to-ship transfer - something of potentially enormous environmental importance - in the Forth Estuary with less democratic accountability than you would have if you wanted to build a patio on your house extension. I think that's an unsatisfactory situation, I think it's an outrage.

"No-one seriously thinks the decision as to whether you should have ship-to-ship transfers in a major estuary is a matter which properly is in the arbitrary decision-making of a private company.

"That would be unusual internationally, quite extraordinary."

Mr Harper insisted it should be ministers who have the final say over ship-to-ship transfers.

He said: "It really is bizarre we don't have power over the Forth and Forth Ports Authority - that they can be judge, jury and beneficiary of any decision that they take in their favour."

A Forth Ports spokesman said: "We look forward to working with the new administration for Scotland's economic benefit."