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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 19 December 2025
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Displaying 2580 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

We have not spoken specifically about the SSI.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

We would not be minded to change just this provision. We would have to change the act, which would take us beyond 2026.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

Because it is set in primary legislation. It is part of the 2019 act, so we would have to go back to the beginning and start again.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

Such a scheme could still be challenged legally but, if it has gone through a panel, that panel will have looked at the requirement for a franchise to be established, the financial model and the business case, as well as consulting other local authorities. It is about crossing every t and dotting every i and making sure that all the processes that we agree with the traffic commissioner are in place and have been fulfilled, so that the case for a franchise is as robust as possible. A scheme could still be legally challenged.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

Under that approach, a scheme is robustly scrutinised by an independent body that has no political input and is separate from the organisations and the authorisers who want to put the franchise in place.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

I will let Bridget Bryden answer that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

Yes, there is time in hand.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

Of course they would. They would be looking at everything; that is the point that I am making.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

Yes—that is in primary legislation.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 29 October 2024

Jim Fairlie

We will have a memorandum of understanding, and the guidance is under development. I suspect that somebody will ask whether franchising could go ahead whether or not the regulations are annulled. It could, and the traffic commissioner would still establish a panel but, without the regulations, there would be no conversation with officials or the Scottish Government about what the panel would look like, what its make-up would be or what its parameters were. The guidance that is under development will be part of the legislation, which will allow us to have full input into what the commissioner will do when they set up a panel.

My understanding is that, in 2019, we wanted to ensure that there was no political interference in something that is so big and so important and that it would be done independently. The process has to be gone through. It is not that simple to cut the corners. We can put it into the memorandum of understanding that the guidance that is under development will provide the parameters that the traffic commissioner will work to. If the regulations were annulled and if we continued with franchising, the traffic commissioner would make the decisions and we would have no input whatsoever.

09:15