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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. Current session: 13 May 2021 to 14 November 2025
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Displaying 6348 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 3 September 2024

Edward Mountain

Our next item is consideration of a type 1 consent notification for a proposed UK statutory instrument. On 5 June, the Minister for Climate Action notified the committee of the UK SI. The instrument will involve the UK Government legislating within devolved competence and it seeks the Scottish Government’s consent for it to do so.

The Scottish Government proposes to consent to the instrument, which, as the clerk’s paper explains, would require producers of products to pay the full net cost of managing their packaging at the end of life.

The committee’s role is to decide whether it agrees with the Scottish Government’s proposal to consent to the UK Government making those regulations within devolved competence, and in the manner that has been indicated. If members are content for consent to be given, the committee will write to the Scottish Government accordingly. In so writing, we have the option to draw matters to the Government’s attention, pose questions or ask to be kept up to date on relevant developments.

If the committee is not content with the proposal, it may make one of the two recommendations that are outlined in the clerk’s note. We can recommend that the provisions should not be made at all, or that the Scottish Government take an alternative legislative approach—for example, by bringing forward its own Scottish statutory instruments.

I hope that that is all clear. To help to inform our decision, we have invited the cabinet secretary to stay and give evidence. I am not going to welcome you back again, Gillian, but you are here with us.

We are also joined by a number of Scottish Government officials. David McPhee is doing a third tour of duty in his role as deputy director for the circular economy; Alex Brown is, I think, joining us for the first time as circular economy policy officer; and Carolyn Boyd is on her third tour of duty, too. Thank you for joining us.

I now move to questions from members, with the first question coming, I believe, from Jackie Dunbar.

Net Zero, Energy and Transport Committee

Passenger Railway Services (Public Ownership) Bill

Meeting date: 3 September 2024

Edward Mountain

Yes, please.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 3 September 2024

Edward Mountain

As there are no other comments, we move to item 6, which is the debate on motion S6M-13501, which calls on the committee to recommend approval of the Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2024.

I invite the cabinet secretary to move the motion.

Motion moved,

That the Net Zero, Energy and Transport Committee recommends that the Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2024 [draft] be approved.—[Gillian Martin]

Motion agreed to.

Net Zero, Energy and Transport Committee

Passenger Railway Services (Public Ownership) Bill

Meeting date: 3 September 2024

Edward Mountain

Yes—the one that you are asking now.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 3 September 2024

Edward Mountain

We will write to the Scottish Government to that effect.

That concludes our meeting in public. We will now go into private session.

11:59 Meeting continued in private until 12:14.  

Net Zero, Energy and Transport Committee

Passenger Railway Services (Public Ownership) Bill

Meeting date: 3 September 2024

Edward Mountain

I do not want to get into whether public ownership has benefits. What is slightly concerning to me is that the public performance measures for ScotRail have gone down. We are told that a lot of that is to do with problems south of the border that result in trains coming up late—that is the excuse that we are given, despite the fact that the service has been cut. I want to be sure that reducing the amount of money that private companies contribute to Network Rail is not going to exacerbate the problems and is not going to affect Caledonian Sleeper Ltd, which uses rails south of the border to provide the service. Are you convinced that there is not going to be an increased cost or a diminution of access to the tracks south of the border?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 3 September 2024

Edward Mountain

Welcome back to the meeting.

I apologise for the fact that we are running a wee bit late, as another item was added to the agenda earlier. However, if people can keep their questions short, I might be able to get us back on schedule.

Agenda item 3 is consideration of a draft statutory instrument. I welcome Gillian Martin, the Acting Cabinet Secretary for Net Zero and Energy—thank you for making yourself available for this session, cabinet secretary. I also welcome, from the Scottish Government, David McPhee, deputy director, circular economy; Mark Sweeney, senior policy adviser, product stewardship; and Carolyn Boyd, who is a lawyer. Thank you all for coming.

The instrument is laid under the affirmative procedure, which means that it cannot come into force unless the Parliament approves it. Following the evidence session, the committee will be invited, under the next agenda item, to consider a motion to recommend that the instrument be approved. I remind everyone that Scottish Government officials will be able to speak during this item but not in the debate that follows.

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

Net Zero, Energy and Transport Committee

Passenger Railway Services (Public Ownership) Bill

Meeting date: 3 September 2024

Edward Mountain

Please do not take that as a criticism.

Monica Lennon wanted to ask a question.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 3 September 2024

Edward Mountain

It is fair to say that we should include in our report the concerns about moving forward together as the whole United Kingdom and refer to the flexibility that is required to do so.

Thank you, cabinet secretary. Some of your officials are staying, but I will briefly suspend the meeting to allow other people to change places.

11:22 Meeting suspended.  

11:28 On resuming—  

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 3 September 2024

Edward Mountain

Cabinet secretary, is there anything that you want to add?