The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1199 contributions
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 16 December 2025
Michael Matheson
Okay, thanks. That would be helpful.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 16 December 2025
Michael Matheson
Is there a reason for that?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Good morning. I want to stick with the thresholds for liability in the bill. You will have heard and read some of the evidence that the committee has received, which raises questions about whether the thresholds are appropriate, largely on the basis that the provisions do not include negligence. Currently, section 1 requires intent or recklessness, and the threshold for responsible officials is “consent or connivance”. Could you explain why you have chosen not to include negligence in the provision?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
A criminal conviction is not required to pursue a proceeds of crime matter. The Crown Office can go to the court and say, “This person has so much wealth that we believe they got it through criminal activity”, and seek a confiscation order. The individual then has to prove that that is not how they gained that wealth. I am just trying to understand how that would interact with the bill.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Okay.
You will have heard in last week’s evidence from the Cabinet Secretary for Climate Action and Energy that the Scottish Government considers that the bill as introduced is not compatible with the European convention on human rights. She referred specifically to section 2(3), which is on establishing a defence of necessity
“on the balance of probabilities”.
Do you believe that the Scottish Government’s view that that is not compatible with the ECHR is correct? If so, what consideration did you give to that when you were drafting the provision in the bill?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I am asking you directly, given that you are the lawyer who has been giving advice on the matter. Do you consider that it is compatible with the ECHR?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Are you of the view that the existing thresholds are sufficient, or do you think that there might be a need to amend them on the basis of the evidence that we have heard to date?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
In part 2.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Parts 2 and 3 of the bill provide regulation-making powers to UK Government ministers. What is the Scottish Government’s position on those powers?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
You are opposed to it as it stands—is that correct?