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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 15 June 2025
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Displaying 2007 contributions

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Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

Okay.

I have one final question. Let us say that the process goes swimmingly well, the new fee regime is developed and the UK secretary of state says what they will do. If, at some point in the future, the Scottish ministers wish to lay further regulations to change how fees for ports are developed or to change what the fee regime looks like, will there be any recourse to the UK secretary of state or will the matter be fully in the hands of the Scottish ministers?

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

So the only issue that we are talking about is whether there could be a gap.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Bob Doris

I should maybe ask a question about whether the scheme will recycle brass necks, which I think that we have seen in this committee recently. However, I want to ask about the scheme administrator.

The scheme administrator will be for Scotland, England and Northern Ireland. What was the Scottish Government’s involvement in the process of deciding what the powers of the scheme administrator will be and appointing the scheme administrator? We have heard about handling fees, the consultation requirements and some powers that the Scottish Government would have had under the previous scheme but that the scheme administrator will now have. It is important to know what that process was like and what the Scottish Government’s involvement was.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Bob Doris

A decision was made that it would be a single body. I know that the Scottish Government could have decided to have a DMO for Scotland, but it would have had to have dovetailed nicely with the administrator for England and Northern Ireland, so it was decided to have one scheme administrator. Are there any implications to be worked through in that? For example, rurality could have a significant impact on a deposit return scheme in Scotland, as we have heard already. Local authorities’ voices in Scotland can be projected strongly to the heart of the Scottish Government, but that might be more challenging at UK level. Also, the fact that we have island communities might have a certain impact on how the scheme operates.

Given that we will not have a specific administrator for Scotland, how can we ensure that all those voices are heard at the heart of the UK scheme?

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

I want to ask about clause 42 of the bill. I am conscious that Nick Gosling might be the one who answers these questions.

First, can I get the factual situation with regard to clause 42 on the record? I notice that it provides enhanced powers for the Scottish ministers in respect of fees for harbour revision orders to allow recovery of costs associated with the handling of applications for port development. We are told that the Scottish Government is content with that provision. Would it allow the Scottish Government to have a new system for the recovery of fees, rather than the existing provision in the Harbours Act 1964, which I think that the cabinet secretary referred to? Is that the situation?

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

Okay—that is fine.

I turn to clause 96, which I believe deals with commencement powers. We know that there is a dispute between the Scottish and UK Governments about whether those commencement powers should sit with the UK secretary of state or with the Scottish Government. Will the provisions in clause 42 commence at the same time that the provisions in the 1964 act are repealed? Will those things happen at the same time under clause 96? My notes do not demonstrate to me that that will be the case.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

That is helpful. In other words, there is no decoupling. There is no world in which the provisions of the 1964 act would be repealed and any new fee regime that the Scottish Government wished to bring in would be brought in separately. Both would happen at the same time. We are simply debating whether the commencement power sits with the UK secretary of state or with the Scottish Government. That is what I am trying to establish.

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

Okay.

The Delegated Powers and Law Reform Committee has said that, if the power in clause 96 was conferred on the Scottish ministers, that would allow the Scottish Government to control the sequencing of the repeal so that it aligned with when the Scottish regulations under new paragraph 9A of schedule 3 to the Harbours Act 1964 were ready to come into force. The DPLR Committee has asked the UK Government why it will not simply confer the powers on the Scottish Government.

What is your understanding of why the UK Government will not simply do that to make sure that there is absolute alignment?

Net Zero, Energy and Transport Committee

Planning and Infrastructure Bill

Meeting date: 27 May 2025

Bob Doris

So the safest option would be simply to put the commencement powers fully into the hands of the Scottish Government. Is that the Scottish Government’s position, cabinet secretary?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 27 May 2025

Bob Doris

Thank you.