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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 5 May 2021
  6. Current session: 12 May 2021 to 4 July 2025
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Displaying 2999 contributions

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Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

I want to ask about prosecutions, because there has been criticism in the media about the rate of successful prosecutions going down quite substantially over time. I want to get your reaction to that.

In answering, will you say a little bit more about how you ensure that there is transparency? Take the Mossmorran plant for example, which had a high profile four or five years ago. A report was submitted to the Crown Office and Procurator Fiscal Service about flaring and nothing has really happened since then. What a lot of people see when action is taken is that nothing really happens for years. It would be useful to hear your thoughts about transparency in relation to reports that are generated and submitted to COPFS and that whole process.

You have received stark criticism from folk who have said that your enforcement actions are reducing and that you are not bringing as many successful prosecutions as you were in the past. It would be useful to get your reaction to that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 25 February 2025

Mark Ruskell

It has always been the case that operators have been no better and no worse off.

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

Thank you, Nicole. That was a useful corporate insight.

I have a set of questions about air quality. First, do you believe that the current air quality standards in Scotland—in relation to nitrous oxide and fine particulate matter—are appropriate and adequate for the delivery of a healthy environment?

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

To what extent is SEPA able or willing to make such recommendations? If you see that improvements are needed to local authority waste collection or that there needs to be more of an emphasis on the producer, how confident do you feel, as the regulator enacting and upholding the regulations, that you are able to make that case? Are you reliant on Environmental Standards Scotland and others to come to conclusions about what needs to change, because, ultimately, that is not your role?

When SEPA has given evidence to the committee in the past, I have felt a reluctance on your part to talk about whether the regulations or the laws are actually fit for purpose, perhaps because you do not see that as your role. However, I am just going to push the boundaries today and see what you are prepared to say. After all, this kind of waste is a very visible problem in Scotland, and I am interested to know how you will fix it. Indeed, you have given an inkling of that already.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 25 February 2025

Mark Ruskell

You mentioned a commitment to deliver a pilot for a cap on bus fares. You said that the areas have not yet been chosen, but is that the tone of the conversation with the industry? I know that that will be only a pilot and that it will not be nationwide, but it could be significant if the companies also actually invest in opportunities in those areas.

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

Okay—so there is active work to develop a new code of practice for agriculture in relation to ammonia?

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

I go back to Mossmorran then, which has been in the system for years and is with the procurator fiscal. What is the communication with the surrounding community? Is it a matter of, “Job done, the operators have already invested in the site, therefore not a problem,” or is the expectation that some form of action would still take place that SEPA would support in court? It feels like a lot of those issues kind of drift off to the procurator fiscal and then it is difficult for folks to see where the follow-up action is.

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

Yes, okay.

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

I did not ask for a comparator with other parts of the UK. I want to know, on the best evidence that we have, whether the current standards are adequate to deliver a healthy environment.

Net Zero, Energy and Transport Committee

Environmental Regulation

Meeting date: 25 February 2025

Mark Ruskell

Your question was useful, convener.

I want to ask about issues with electrical and battery waste, at Friarton in Perth in particular, where we have seen four fires under the site’s successive owners. We have seen similar fires at other waste management sites around Scotland, too. I suppose that that touches on elements of fire safety, which are potentially outwith SEPA’s remit; as with salmon farming, you share regulation of the sites with other bodies.

I just wanted to get your reflections on that, though, because what the public are seeing are the same sites and the same fires, time after time. It would be useful to know whether you believe that the regulatory framework that you work under is enough at the moment to tackle not only those huge pollution incidents but the elements of risk that workers at the sites and local communities face? It seems that we are seeing a vast increase in the amount of battery waste in society, and there are perhaps questions to ask about whether that will be regulated effectively, given that we do not seem to fully understand the risks around fires and other such issues.

Nicole, did you want to come back in on that?