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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 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1198 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

That concludes contributions from committee members.

Item 7 is a debate on the motion. I invite the acting cabinet secretary to move motion S6M-17471.

Motion moved,

That the Net Zero, Energy and Transport Committee recommends that the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025 [draft] be approved.—[Gillian Martin].

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

I invite contributions from members who want to raise any issues.

11:45  

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

Okay. As no other member has indicated that they want to contribute, I invite the cabinet secretary to sum up and respond to the issues that were raised.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

Okay. Thank you.

Motion agreed to,

That the Net Zero, Energy and Transport Committee recommends that the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2025 [draft] be approved.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

The committee will report on the outcome of the instrument in due course, and I invite the committee to delegate authority to me, as deputy convener, to approve a draft of the report for publication. Do members agree to do so?

Members indicated agreement.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

Item 3 is consideration of two draft statutory instruments. The Delegated Powers and Law Reform Committee raised points in relation to both instruments. In relation to the Deposit and Return Scheme for Scotland Amendment Regulations 2025, it has reported a defective drafting issue under reporting ground (i) and seven issues under the general reporting ground.

In relation to the Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025, the DPLR Committee has reported one issue of defective drafting under reporting ground (i), one issue where the meaning should be clearer under reporting ground (h) and two issues under the general reporting ground.

The Scottish Government has committed to corrective action on most of those points. Further detail is set out in the clerk’s note on the instruments and, of course, in the DPLR Committee’s report.

I welcome back to the committee Gillian Martin, Acting Cabinet Secretary for Net Zero and Energy, and her supporting officials for this item: Giles Hendry, policy officer, deposit return scheme; Ailsa Heine, solicitor; and Haydn Thomas, producer responsibility unit head.

The instruments are laid under the affirmative procedure, which means that they cannot come into force unless the Parliament approves them. Following this evidence session, the committee will be invited to consider two motions recommending that the instruments be approved. I remind everyone that Scottish Government officials can speak under this item but not in the debate that follows under the next item.

I invite the acting cabinet secretary to make a short opening statement.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

Thank you, cabinet secretary. We move to questions, and I will start us off. What substantive changes have been made to the Deposit and Return Scheme for Scotland Amendment Regulations 2025 in order to align with the scheme in England and Northern Ireland?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

Those are quite significant changes. What impact will they have on the outcomes that will be achieved compared with what was proposed under the Scottish DRS, particularly in relation to the environment, carbon emissions, businesses and consumers?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Michael Matheson

The changes have quite a substantial impact on the overall benefit of the original deposit return scheme, given the exclusion of glass from the new scheme.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Michael Matheson

I want to return briefly to the issue of capacity in the Scottish Government’s energy consents unit. Is the Government aware of the concern that exists among some developers, especially those in the pumped hydro storage sector? While the energy consents unit might have additional capacity, they are concerned about whether the Scottish Environment Protection Agency has the capacity to conduct its controlled activities regulations assessments and to report to local authority planning committees when they are considering developments in their area in order to make sure that they can submit those in a timely fashion to the ECU.

The reason why I said that that was a particular issue for the pumped hydro storage sector is that the Office of Gas and Electricity Markets has set a date of 30 September, I think, for the cap and floor and for any developers or projects to have made their bids or applications by then. However, they can do so only if they have a section 36 order in place, and that could be put in jeopardy if SEPA and the local authority do not have the capacity to get their work done to allow that to inform any decision that the ECU may make.

Are you aware of that concern? Are you alive to it, and are you seeking to address it urgently for those developers that might have highlighted that that is an issue of concern for them?