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The next item of business is consideration of Parliamentary Bureau motion S6M-20971, on approval of a Scottish statutory instrument.
Motion moved,
That the Parliament agrees that the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026 [draft] be approved.
17:07
When the draft Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026 came before the Rural Affairs and Islands Committee, I was ambivalent about voting for it.
The Government carried out a consultation on the draft order, and there were a number of responses. Numerous people who responded, if not most, whether they agreed or disagreed with the SSI, raised concerns about the Scottish Environment Protection Agency being inadequately funded. I want to speak to that point and raise it in the chamber.
I am seeking reassurance this evening that, if we agree to the SSI and expand the scope of SEPA’s regulation workload, the agency will be adequately funded for the work. I know from what we heard at the committee that SEPA will not be regulating that many types of things at the moment, but that could increase. I want to ensure that SEPA is adequately funded to carry out that work, given that it is heavily impacted in other areas of its work at this time.
17:08
I first wish to set out that we committed to clarifying the consenting processes for aquaculture development between 3 and 12 nautical miles, as a key deliverable in our programme for government and as part of our vision for sustainable aquaculture. Legislative changes are being introduced to ensure that the best regulatory arrangements are implemented, which includes identifying those who are best placed to lead.
Last year, we consulted on two Scottish statutory instruments, and the one that is now before us is interdependent with another. The first of those instruments is the Environmental Authorisations (Scotland) Amendment Regulations 2026, which the Rural Affairs and Islands Committee discussed and agreed to last week. It makes SEPA the responsible authority for the regulation of fish farm environmental discharges.
The second statutory instrument, the draft Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026, which the Rural Affairs and Islands Committee also debated and approved last week, extends an existing exemption to marine licence requirements for fish farm environmental discharges from 0 to 3 nautical miles to 0 to 12 nautical miles.
It also extends and clarifies the application of an existing exemption for the deposit of fish and shellfish farm equipment, strengthening the prerequisite requirements for its use.
Taken together, those SSIs provide a consistent consenting framework for Scotland’s inshore marine area and identify SEPA, Scotland’s independent environmental regulator, as the lead regulator for fish farm discharges between 0 and 12 nautical miles.
I highlight the interdependent nature of this SSI and the former one. If this order is not approved, there will be a dual regulation and dual license requirements between 3 and 12 nautical miles, which will lead to confusion and a cumbersome consenting system. Further, minor amendments to clarify and strengthen the existing marine licence equipment deposit exemption, which are supported by the vast majority of consultation respondents, would not be introduced.
I will touch on the points that Ariane Burgess raised in relation to the resource requirements and pressures that could be put on SEPA. There has been consultation with SEPA, it has engaged with the process and it is content with the proposals because they relate to work that it deals with at the moment. SEPA has the ability to recover costs for any charges that it puts in place. As I outlined at committee, if the SSI were not agreed today, there would be the opposite situation: there would be more resource pressure on the Scottish Government marine directorate and on SEPA, because we would still have to consult SEPA on any licence applications but SEPA would not be able to recover the costs for it.
SEPA is in agreement about the SSI. We believe that it has the resources in place to deal with it. There are no applications in place at the moment and we do not believe that there will be a massive deluge, should the SSIs be agreed to. I urge members to approve the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026.
The question on the motion will be put at decision time.
The next item of business is consideration of Parliamentary Bureau motion S6M-20972, on approval of an SSI.
Motion moved,
That the Parliament agrees that the Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026 [draft] be approved.—[Graeme Dey]
17:11
Scotland’s coastal communities are being asked yet again to carry costs that other parts of the country will never see and to absorb disruption that other industries would never accept.
The Government knows that,
“By supporting the expansion of offshore wind development in Scottish waters and increasing the demand on marine space for the implementation of compensatory measures, the policy is anticipated to have a negative impact on fisheries.”
Fishermen are being asked to pay for net zero twice: first, through disruption to their jobs and displacement of their place of work; then, potentially, again through new restrictions and closures dressed up as environmental compensation.
It is insane that the Scottish National Party Government wants to damage fishing grounds in order to hit its net zero targets by building ever bigger wind farms out at sea. Even more scandalously, it wants to solve that damage by restricting fishing, all but destroying the livelihoods of the fishermen who fish those same waters. Let me repeat that: the Government wants to ruin the livelihoods of our fishing communities by building turbines, then penalise those same communities for that decision. Clearly, this rotten Government will not be happy until every fish and meat producer in the north-east is driven out of business.
The fishing community is clear: it does not want this. It is overwhelmingly opposed to the measures. There needs to be proper compensation in place—[Interruption.]
Thank you, members.
—for our fishers, who are seeing their fishing grounds removed by offshore wind and, now, compensation measures for wind energy in completely different parts of the country that have also had their fishing grounds taken away.
We all know that, and we all know the Government’s dirty little secret when it comes to energy infrastructure: the SNP does not care if you object to wind turbines in your fishing zones and it certainly does not care if you have pylons in your back garden—[Interruption.]
Let us hear Mr Lumsden.
—because you know what? It is going to try to build them anyway. Coastal communities are realising what communities across the Mearns, Turriff, Oldmeldrum and so many other communities across Scotland have known for years: that this rotten SNP Government does not care. It cares about an arbitrary net zero target and about selling off as much of Scotland’s countryside and fishing grounds as possible to the highest bidder. It is selling Scotland down the river—literally.
Thank you. Members, let us hear one another. I call the Cabinet Secretary for Climate Action and Energy, Gillian Martin, to respond.
17:14
I am grateful for the opportunity to speak to the draft Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, which have a critical role to play in supporting Scotland’s net zero ambitions and the Scottish economy. The regulations have been developed under powers that are set out in the Energy Act 2023, which was introduced by the previous United Kingdom Conservative Government to support delivery of offshore wind across the UK.
Under the current habitats regulations, projects that affect protected sites must secure compensatory measures that are targeted specifically at the impacted habitat or species. In practice, only a limited range of measures can be evidenced to that standard. That creates a significant constraint for offshore wind development and puts Scotland’s climate and energy security ambitions at risk. The SSI that is before us is designed to introduce a more flexible approach to such compensation, but with strong safeguards. The core habitats regulations assessments remain in place, new environmental safeguards will be put in place and projects that could have adverse effects must still secure robust compensatory measures.
The SSI will enable compensatory measures that support the wider UK marine protected area network, not just the impacted feature. Additional safeguards include the establishment of a compensation hierarchy that will prioritise like-for-like measures, as well as enabling wider alternatives, when they are appropriate and offer enhanced ecological benefits. The Scottish ministers will publish guidance on how to apply the legislation and the hierarchy, and it will review both regularly to ensure that the framework remains robust—
Will the cabinet secretary take an intervention?
I would like to respond to Mr Lumsden’s remarks.
The Scottish ministers will publish guidance on how to apply the legislation and the hierarchy, and it will review both regularly to ensure that the framework remains robust, transparent and responsive to new evidence.
We have committed to working collaboratively with our key stakeholders on the development of the guidance. By doing so, we will ensure that the guidance is fit for purpose and grounded in scientific and industry expertise.
The SSI applies to Scotland’s inshore region. A corresponding instrument has been introduced by the UK Government for offshore waters. The two instruments have been designed to align closely, and the Scottish guidance will be applied across inshore and offshore areas to support a consistent, joined-up approach.
We are aware that the co-existence issues for other marine users need careful planning and consideration. However, strategic compensation offers significant opportunities for new positive investment in the marine environment. We believe that the challenges can be addressed, and I was pleased that the majority of the Net Zero, Energy and Transport Committee recognised that. Ultimately, the SSI will enable offshore wind to grow at the scale that is needed if we are to meet Scotland’s net zero targets and deliver those economic opportunities, while supporting long-term benefits for marine biodiversity.
The question on the motion will be put at decision time.
The next item of business is consideration of eight Parliamentary Bureau motions. I ask the Minister for Parliamentary Business and Veterans, on behalf of the Parliamentary Bureau, to move motions S6M-20973 to S6M-20980, on approval of SSIs.
Motions moved,
That the Parliament agrees that the National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) (No. 2) Order 2026 [draft] be approved.
That the Parliament agrees that the Budget (Scotland) Act 2025 Amendment Regulations 2026 [draft] be approved.
That the Parliament agrees that the Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 [draft] be approved.
That the Parliament agrees that the Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026 [draft] be approved.
That the Parliament agrees that the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2026 [draft] be approved.
That the Parliament agrees that the Early Removal of Prisoners from the United Kingdom (Amendment of Specified Time Periods) (Scotland) Order 2026 [draft] be approved.
That the Parliament agrees that the Social Security Up-rating (Scotland) Order 2026 [draft] be approved.
That the Parliament agrees that the Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 [draft] be approved.—[Graeme Dey]
The question on the motions will be put at decision time.
Air ais
Business MotionAir adhart
Decision Time