Official Report 749KB pdf
Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2025 [Draft]
Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2025 [Draft]
Welcome back to the meeting. The third item on our agenda is the consideration of two draft statutory instruments.
The instruments confer responsibilities on Zero Waste Scotland in relation to the public sector equality duty in the Equality Act 2010. Following Zero Waste Scotland’s reclassification as a non-departmental public body in October 2024, the instruments aim to align its legal responsibilities with that status. The Delegated Powers and Law Reform Committee has raised no points in relation to either instrument.?
I welcome Gillian Martin, Cabinet Secretary for Climate Action and Energy, who is joined by supporting Scottish Government officials Andrew Mackie, who is head of environment and forestry sponsorship hub; Carolyn Boyd, who is a lawyer; and Russell Bain, the deputy director for international futures and brand Scotland policy.
The instruments are laid under the affirmative procedure, which means that they cannot come into force unless the Parliament approves them. ??Following the evidence session, the committee will be invited to consider two motions recommending that the instruments be approved. I remind everyone that Scottish Government officials can speak under this item but not in the debates that follow.
I invite the cabinet secretary to make a short opening statement.
Thank you. I am pleased to speak in support of two draft instruments that were laid before the Parliament last month. The instruments are technical in nature but are nonetheless important measures that reinforce our commitment to equality and inclusion across Scotland’s public sector. They will ensure that Zero Waste Scotland, following its transition to a non-departmental public body in October last year, will be subject to the same statutory equality obligations as other public authorities.
The schedule to the Circular Economy (Scotland) Act 2024 applied the majority of public sector duties to Zero Waste Scotland, such as those in the Freedom of Information (Scotland) Act 2002 and the Public Appointments and Public Bodies etc (Scotland) Act 2003. However, making Zero Waste Scotland subject to the public sector equality duty under the Equality Act 2010, and the related duties under the 2025 regulations, must be done separately by way of an SSI, given the terms of the 2010 act.
The draft Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2025 formally designate Zero Waste Scotland as a listed authority under section 149 of the Equality Act 2010. That means that the organisation must now comply with the public sector equality duty, which requires public bodies to consider how their policies and practices affect people with protected characteristics. The duty is central to promoting fairness, dignity and inclusion in the delivery of public services.
The draft Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2025 applies to Zero Waste Scotland the specific duties that are set out in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (SSI 2012/162). The duties are designed to support public authorities in meeting the public sector equality duty in a transparent and accountable way. That includes the collection and publication of workforce diversity data; the setting of equality outcomes; and regular reporting on progress against those outcomes.
The measures are not only about compliance; they are about embedding equality into the culture and operations of public bodies. They help to ensure that decisions are informed by evidence, that services are responsive to the needs of all communities and that public bodies are held to account for their performance on equality.
Zero Waste Scotland, which employs around 160 staff, plays a central role in delivering Scotland’s circular economy strategy. In doing so, it is helping to reduce waste, promote resource efficiency and drive sustainable economic growth by keeping materials in use for as long as possible. It will be an integral part of the Scottish Government’s aim to reach net zero by 2045. It is right, therefore, that we extend the duties to the organisation, which will strengthen our objective to ensure that our public services are representative of the people of Scotland.
I recommend the two instruments to the committee and to the Parliament as necessary and proportionate steps to uphold equality standards across Scotland’s public sector.
As no member has any questions on the instruments, we move on to agenda item 4, which is a debate on motion S6M-18943. Cabinet secretary, do you want to speak to and move the motion?
I will simply move the motion—I think that I have said enough.
I move,
That the Net Zero, Energy and Transport Committee recommends that the Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2025 [draft] be approved.
Does anyone wish to contribute? I see that no one does. Cabinet secretary, I do not believe that you will have much to sum up on, but you can sum up and respond if you like.
No, thank you.
Motion agreed to.
The committee will report on the outcome of the instrument in due course. I invite the committee to delegate authority to me as convener to approve the draft of the report for publication. Are you happy to do so?
Members indicated agreement.
We move on to agenda item 5, which is a debate on motion S6M-18944. Cabinet secretary, I ask you to move the motion and to speak to it if you so desire.
I will simply move the motion.
I move,
That the Net Zero, Energy and Transport Committee recommends that the Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2025 [draft] be approved.
Does any member want to contribute? No one does. Cabinet secretary, do you wish to sum up in any way?
No, thank you.
Motion agreed to.
We will have to report on the outcome of the instrument in due course. I suggest that both the instruments that we have considered today are dealt with in a single report, given that they are so closely related, and that the committee delegate authority to me, as convener, to approve the draft of that report for publication. Are you happy to do so?
Members indicated agreement.
I thank the cabinet secretary and her officials for turning up to give evidence on the instruments.
11:14 Meeting continued in private until 12:12.Air ais
Sustainable Aviation Fuel Bill