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International Directorate Post Point 6.03 6th Floor 102 Petty France London SW1H 9AJ T020 3334 3896 F 020 3334 3746 E[email address] .
www.justice.gov.uk |
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Mr Williams
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Our Ref: FOI/62238/09
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22 January 2010 |
Dear Mr Williams
SUBJECT: Freedom of Information Request
I refer to my letter of 23 December 2009, about your email of 27 November 2009, in which you asked for the following information from the Ministry of Justice (MoJ):
Details of any agreements in place with the Isle of Man relating to the exploitation of the territorial seas or continental shelf of the British Islands, and the same for any agreement (current or not) on these matters which was concluded in1966 or 1991.
Your request has been dealt with under the Freedom of Information Act (FOIA) 2000. I can confirm that the Department holds information within the scope of your request.
I have conducted a thorough search of our paper and electronic records and I am able to provide you the following information on the 1991 agreement.
With effect from 2 September 1991, the Isle of Man's territorial waters were extended from 3 to 12 miles, at which point the area concerned ceased to be part of the UK Continental Shelf and became part of the Isle of Man territorial sea. The terms of the agreement include:
Compensation of £800,000 to be paid by the Isle of Man Government to the Crown Estate Commissioners for their interest in the sea bed under the extended territorial sea (in effect, mineral rights)
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The conditions for the transfer of the rights relating to petroleum beneath the sea bed. The detail of the conditions is not specified in the papers held.
Safeguards for the established rights of fisherman from the UK, France, Belgium and the Republic of Ireland and for the effective conservation and management of the fish stocks in the area of the extended territorial sea. Details of the safeguards are not specified in the papers held.
Amendment to the Double Taxation Arrangement between the UK and the Isle of Man.
The rights to coal not to be transferred at the time of the agreement but the possibility of future negotiation. No further detail is held.
Additional safeguards to protect the rights of UK fishermen as regards Isle of Man jurisdiction over fisheries in the territorial sea, ie; no law or bye-law relating to fisheries would be passed by the Isle of Man without the concurrence of the Home Secretary who would consult and seek the agreement of UK fisheries Ministers before the proposals could be agreed.
To facilitate extension of the territorial sea, the Isle of Man Government purchased the mineral rights from those bodies then owning them within the 3-12 mile extension zone.
After extension of the territorial sea, any revenue from petroleum exploitation in that area that was payable to the Isle of Man and the existing payments under the Continental Shelf Agreement 1966 became inappropriate. It was agreed that the Continental Shelf Agreement should be extinguished.
The cessation of the Agreement was considered to extinguish any further claims the Isle of Man thought they may have on a portion of the Continental shelf. However, in exchange for the termination of the 1966 Agreement, the Isle of Man received the rights then held by the UK under the terms of the Continental Shelf Act 1964 (mainly relating to the exploitation of oil and gas) in the new territorial seas agreement; and in consideration of any claim the Isle of Man thought they have on the Continental Shelf beyond the 12 mile limit. The Continental Shelf Agreement continued until 31 March 1996. In other words, the Isle of Man continued to receive payments under the 1966 Agreement until the end of the 1995-96 financial year.
No further information is held by the MoJ on the 1991 agreement.
With regards to the part of your request, in which you were asking for details relating to agreements between the Isle of Man and the UK on the exploitation of the territorial seas or continental shelf in 1966, my initial reply advised that you direct your request to The National Archives (TNA) as they may hold some of the information you are seeking.
However, we are pleased to report that the papers obtained from our archives contained the following information on the Continental Shelf Agreement 1966:
In 1966 the Isle of Man agreed to a proposal of the United Kingdom Government under which the Island received a share of the licence fees and royalties paid under the Petroleum (Production) Act 1934 in respect of the entire UK Continental Shelf.
The share was calculated on a population basis and no regard was paid to the proximity or otherwise of the exploration to the Isle of Man.
The terms of the agreement are contained in letters of 20 September and 25 October 1966 on ex Home Office file Reference CIM 820/4/18. The records relating to these letters are not held by the MoJ, so you may wish to direct your request to TNA as they may hold this information.
A special Act of Parliament, the Miscellaneous Financial Provisions Act 1968, had to be passed to enable these payments to be made to the Isle of Man. A copy of the Act can be found on the UK Statute Law Database at: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Financial+Provisions+Act&Year=1968&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=1206337&PageNumber=1&SortAlpha=0
As part of our obligations under the FOIA, the MoJ has an independent review process. If you are dissatisfied with this decision, you may write to request an internal review. The internal review will be carried out by someone who did not make the original decision, and they will re-assess how the Department handled the original request.
If you wish to request an internal review, please write or send an email to the Data Access and Compliance Unit within two months of the date of this letter, at the following address:
Data Access and Compliance Unit
Information Directorate
Ministry of Justice
6th Floor, Zone B
Post point 6.25
102 Petty France
London
SW1H 9AJ
If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner's Office under Section 50 of the FOIA. You can contact the Information Commissioner's Office at the following address:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Sarah Smith
