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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 5 May 2021
  6. Current session: 12 May 2021 to 6 May 2025
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Displaying 786 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

I am proceeding to answer the member’s question. The criteria for being a scheme administrator are laid out in the regulations. Provided that a business has met those criteria, the Scottish Government does not have the power to deny it the ability to be a scheme administrator, because a scheme could have many administrators. That is not how the power for creation of scheme administrators works. It does not come with that sort of additional conditionality with regard to how an administrator operates, but I am happy to ask officials to provide more detail.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

As I said in response to an earlier question, on the basis of the actions that will we have been required to take, we do not believe that there is any requirement to pay compensation.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

We have significant investment in the scheme. The delays to which you refer need to be properly explained. According to the regulations that were passed in 2020, the scheme was due to go live last year, in 2022. We had the Covid pandemic and Brexit, however, which substantially changed the circumstances in which businesses were operating.

To support businesses, we provided the first year’s delay until August this year. That was the launch date towards which we were working until, from February this year, the Secretary of State for Scotland put some doubt in the public space about whether the internal market act would be used to veto and block our scheme. He managed to make good on that threat in May and vetoed and blocked our scheme from being implemented as the Scottish Parliament had passed it.

The latter delays were specifically around interference with the scheme using the internal market act. None of them had to do with any suggestion that the scheme was not progressing operationally.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

It would be wonderful to have the same level of deposit across the UK. We have passed regulations that state that the level here would be 20p. However, we do not know what it might be in the rest of the UK, so I cannot comment on that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

—but we do not know what that might look like.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

I am happy to get back with that detail.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

The requirement would have been to remove the regulations that were laid on 17 May. The changes to the scheme to move it to October were announced last week. We would have had to withdraw those regulations, change them and bring them back. That would have been done through an expedited process, which would allow less scrutiny and, would, potentially, run up against that recess break. I agree that doing it this way is frustrating to all of us, but it means that the committee has had the normal amount of time to scrutinise those amendments and we avoid the cliff-edge problem of what happens over the summer. It is absolutely my intention to lay—as the convener suggests—amending regulations for October 2025 before recess, but those cannot be laid until this SSI has passed.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

We could have withdrawn the SSI and modified it, but the timeline for scrutiny would have been very much compressed and we felt that it was important for the committee to be able to scrutinise the regulations.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

From the internal market act intervention, we know that we might have to bring before Parliament more regulations, not only around whether the October 2025 date is deliverable but around other matters, such as the amount of the deposit. By continuing with this SSI—with these amendments, as promised to industry—we completely define the Scottish scheme and avoid that cliff edge. We do so using the smoothest parliamentary process.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 13 June 2023

Lorna Slater

Was it 60 per cent?