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 7218 contributions
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
Good morning and welcome to the sixth meeting in 2026 of the Net Zero, Energy and Transport Committee. We have received apologies from Monica Lennon and unfortunately her substitute is unable to make it because of other commitments.
Our first item of business is a decision on whether to take items 7, 8 and 9 in private. Item 7 is consideration of today’s evidence on the draft climate change plan, item 8 is consideration of today’s evidence on the budget, and item 9 is consideration of the committee’s work programme.
Do members agree to take those items in private?
Members indicated agreement.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
I do not think that we have asked at all. This came up in the committee’s discussion before the meeting. Mark Ruskell was concerned that the SI was being laid before the Health and Safety Executive had published the consultation, and therefore we were not in a position to ponder what came out of that consultation—if I have that right, Mark. The committee’s concern, and mine, is that the SI has to be reported on without our seeing or having the opportunity to see the consultation. Is that the point that you are trying to make, Mark?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
I do not see that any other committee member wishes to ask a question, so we will move on to the next item of business. Before we do so, I thank you, cabinet secretary, and your officials for the evidence that you have given. I will now give you the opportunity to leave the table while we make our decision on the instrument. Once we have done so, I will pause the meeting for five minutes and we will then go straight back into the next part, when you will be on again.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
I am going to be a bit pedantic—although I try desperately hard not to be—but this item is on the chemical regulations rather than the next document on the agenda.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
Thank you for your reassurance, but you did not quite get to the point of saying whether there will be another amending instrument on top of this. You said that your officials might be able to give me confidence that this will be the final one.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
That might be of some comfort to my successor, whoever that may be.
Mark, I think that you have some questions.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
Our second item is an evidence session on two consent notifications relating to proposed United Kingdom statutory instruments: the Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026 and the REACH (Amendment) (No 2) Regulations 2026.
I welcome to the meeting Gillian Martin, Cabinet Secretary for Climate Action and Energy, and her supporting officials from the Scottish Government: Dan Merckel, chemicals team leader; Lucy Drummie, lawyer; and Greig Walker, project lead.
We will take evidence on both instruments under this agenda item before discussing whether we are content for consent to be given under two separate agenda items: items 3 and 4. Cabinet secretary, would you like to make a brief opening statement?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
That is helpful, and we can certainly highlight our concerns about the regulations. The problem is that we have to make a decision on the SI today that will allow the Scottish Government to consent, and I think that that has to be done by somewhere around 20 February—I apologise if I have not got the date quite right—so that the UK Government can decide on it and move forward.
In relation to Mark Ruskell’s concerns, it might be that the subsequent committee should consider the recommendation that the HSE be brought before it.
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
Okay. That is helpful. We can just go straight to a decision. As much as I dislike seeing the committee divided, I do not think that there is any way round it.
The substantive question is, that the committee is content that the provision set out in the notification be made in the proposed UK statutory instrument, which is the Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026. Are we agreed?
Net Zero, Energy and Transport Committee [Draft]
Meeting date: 10 February 2026
Edward Mountain
We are not agreed.
I just want to clarify this. You are not going to agree to the proposal at all, Mark, but are we in a position to say that the committee is not agreed, with one member objecting—which we would have to say—and that we would like further details to be made available at a later date, when the HSE has made its consultation public to any subsequent committee? Would that be sufficient? I am looking at the clerks.
I have to ask, Mark: are you objecting in principle, or would you rather that the Scottish Government did that?