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
Meeting date: 9 December 2025
Michael Matheson
Sure. As you have mentioned, the policy intention is to target senior management, but the threshold for liability in section 1 relates to intent and recklessness, so the actions of a non-senior member of staff could make them liable under the bill if it were enacted. Is my understanding of that correct?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I want to be clear in my understanding of this. Under section 1, the requirement for intent and recklessness means that, if there were evidence to suggest that a non-senior member of staff had acted in such a way, they could be prosecuted under the bill. I know what the policy intention is, but I am trying to be clear about whether, despite the stated intention, the provisions of the bill would not prevent a non-senior member of staff from being prosecuted. Is that correct?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
[Inaudible.]—I do not think that they would.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
That is helpful. I am conscious that, as the member who introduced the bill, you are relying on advice from the non-Government bills unit and the Parliament’s legal team. This question is specifically for the Parliament’s legal team: why did you not identify the bill’s lack of compatibility with the ECHR?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
From the Parliament’s point of view, do you consider that the bill is compatible with the ECHR?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Will you clarify the bill’s policy intention with regard to the definition of a “responsible individual”? We have received evidence that suggests that the table that you have provided in section 3(4) is likely to include people who might be viewed as non-senior staff. Is that the bill’s intention? If it is not, how will you seek to address that?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
I am sorry, cabinet secretary, but can you decipher that for me, please?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Just so I understand this clearly, you are saying that the Scottish Government is opposed to all of part 2.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
And part 3?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Okay. Your position is that you are opposed to the existing provisions in part 2, on the regulation-making powers—subject to negotiations, from what you have said.