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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 12 March 2026
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Displaying 3992 contributions

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Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

That is when the spatial energy plans will be delivered, so I hope that the strategy will be published by then. However, we have had some curveballs recently. We have had the Finch verdict and various other Supreme Court verdicts, which we must assess so that we can come to an informed view on all those issues and what we think needs to happen. As long as there are no more major curveballs, I hope that the strategy will be published by then.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

I thought that it would be helpful to bring all the petitions together. I am delighted to be here, as it is the first time that I have appeared before the committee.

These issues are matters of great importance to communities, which I completely understand. The petitions are largely about renewables and low-carbon energy, which represent a large economic opportunity, but they have to be managed in a way that brings people with them. I am serious about the fact that people need to see the benefits of energy developments in Scotland as much as possible. While I have been in post, first as energy minister and now as cabinet secretary, I have tried my best to ensure that we have all the levers, both reserved and devolved, to ensure that that is the case.

Investing in new energy generation and the grid to ensure that energy can securely get to where it is needed is essential for energy security. It is also essential to ensure that we capitalise on the low-carbon energy that Scotland is uniquely placed to generate. It will create thousands of jobs and many opportunities for Scottish businesses. Existing transmission upgrades are required and, to be honest, they are long overdue, because the transmission network is very old and will have been subject to various weather events, which are becoming more ferocious across Scotland. The transmission network can be unstable in places. Last week, during the snowstorms in the north-east and the Highlands, thankfully, there were very few outages and those that we had were short. Last year and the year before that, that was not the case.

Energy systems regulation is largely reserved to the United Kingdom Government. As such, there are issues on which I am only able to seek to influence the UK Government. I will outline those as I talk about the various petitions. I am aware that communities are concerned about the scale of development and the impact that some of those issues, such as battery storage, would have on them as householders. I am happy to talk about that and provide detail on what we are doing to look at some of the issues that have been raised with us.

It is important that we air and discuss all the themes that the petitions raise. I thank everyone who has gone to the trouble of raising a petition. I have had ministerial responsibility for the energy portfolio for three years and have been making the case to successive UK Governments that community benefits associated with developments must be mandatory and that developers’ engagement with communities must be much better and done earlier in the process. I would like there to be updated guidance that is mandated by the UK Government. There have been developments in that space in the past year or so with the new UK Government, which I am able to tell the committee about.

Recent changes that have been made to UK legislation will allow for the introduction of mandatory pre-application engagement and other improvements in the consenting process for large-scale applications. Our planning and consenting systems also ensure that the issues of cumulative impact and the impact on our natural environment will be considered in the decision-making process. Communities should share in our nation’s energy wealth. Last year, communities were offered £30 million a year in community benefits and we are providing support for them to invest in community energy projects through our community and renewable energy resource scheme—CARES. I have ensured that it is resourced to keep pace with the increasing demand for community energy. The ministerial code limits ministers’ ability to engage directly with communities about specific planning applications or developments that may become planning applications, but I am pleased to be able to answer general questions in the round. I look forward to answering the committee’s questions.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

The change was put in train a few months ago. We have been consulting on the good practice principles associated with applications. This is the case that I made: having the responsibility for consents put me in a situation in which I felt that I needed to be able to divorce the policies associated with energy from the eventual decisions, so it was best for the planning minister to have responsibility for consents. In that way, I could be confident that there could be no perception of my having been influenced. It is important that that is understood by communities that have concerns.

I will give a hypothetical example. A community group in the Western Isles might have concerns about project X and want to speak to me as part of the community engagement associated with the project. If, at the end of the process, consent was not given to the project, the applicant could say that I was swayed by my meeting with that community group—there could be the perception that I was influenced by that group. I do not want anything like that to happen. That could be the case when something was consented to or when something was not consented to—it works both ways. I want to ensure that I can engage with every stakeholder, in line with the good practice principles on community engagement.

I was confident that the UK Government’s Planning and Infrastructure Bill would give us the power to mandate community engagement, but I had the sense that it would be difficult for me to carry out that engagement as fully as I wanted to. Thankfully, I reached an agreement with the planning minister that he would take on responsibility for the energy consents unit, and the First Minister agreed that I needed to be able to fully engage on all the good practice principles and the developments that the Planning and Infrastructure Bill would allow us to take forward.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

I thank Maurice Golden for setting out the landscape. It is important to be aware of the different roles and the many different players. There are reserved responsibilities associated with transmission in particular. The Electricity Act 1989 is the governing legislation around all the regulations associated with consenting. The Scottish Government’s energy consents unit must conform to everything in the 1989 act. NESO has responsibility for what the transmission network looks like, and must look like, in order to facilitate the getting of the electricity to all the places where it needs to go throughout the whole of the UK.

The previous UK Government worked with NESO, and it has issued its plans for upgrading the transmission infrastructure. Regarding the role of the Scottish Government, ministers have the final consents, once developments have been through the whole process, which is regulated at UK level—although we have planning powers. Any developments over 50MW currently go to the energy consents unit in the Scottish Government; anything under 50MW is decided at local authority level by councillors and the authority. We are currently consulting on changing that threshold—to see what people think about changing it to give more responsibility to councils up to a level beyond 50MW.

We have some of the most stringent environmental conditions in Scotland. A series of documents and assessments must be submitted in applications to the energy consents unit. We do not dictate and cannot dictate to an applicant what the engineering solutions are for their application. Indeed, nowhere in the UK dictates that.

The ECU assesses the application as submitted. Let us say that those in charge of project X want power transmission lines. They have set out the engineering solution that they have found, and they have determined how and where they want to site those lines. We will assess that application as written. We will not dictate in advance that things have to be done in a particular way. It is for them to make an assessment and submit all the documentation associated with environmental impact assessments. That will then go out to all the statutory consultees, which includes local councils. Even if the development is over 50MW and comes to the ECU, local authorities will still be a statutory consultee. If local authorities do not agree with the application as written, it will automatically go to a public inquiry.

If the application goes through the energy consents unit, it will assess all the documentation, assessments and plans that are supplied by the applicant, and then, in accordance with all the regulations and the Electricity Act 1989, it will advise the minister who is making the final determination, with an assessment of what all the statutory consultees have said. It is important to realise that the minister who is looking at that advice can go back to their officials and question certain things, such as, for example, “Why are you giving me this advice when this has happened?”

The minister has to be certain that, when they make a determination, they are not going against any legal advice because, if they do, it might give them an opportunity to turn something down, for example. If officials have given the minister advice to consent to something and all the reasons why, and the minister says, “Nah—I don’t like it,” they need to be certain that they are on solid ground legally, because the decision might be appealed and taken to court.

That is the process and it is very rigorous. Many developers say that we take too long to make determinations. We try our best and we have doubled the capacity of people working in the ECU to streamline the process. That is good for developers, but it is also good for communities, because they get a quicker decision, they know what they are dealing with and it does not drag on for years.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

We will reach out to SEPA and, as and when any information becomes available, we will pass that on to the committee.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

I will get that information—I do not have the tables with all those figures in front of me. We will produce information for the past few years—

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

Every point that Fergus Ewing has just made I have absolute sympathy with. That is why we have asked NESO to do the strategic planning work that I mentioned in response to Maurice Golden. The assessment that it will undertake will give us that detail. It is all about energy security.

On constraint payments, I think that they are an absolute scandal, to be honest, and they are one of the reasons why we need to improve capacity in the grid. Why are we paying developers to stop generating? Most people in Scotland will find it absolutely unbelievable that that is the case. That energy—that electricity—has nowhere to go, and the grid upgrades will allow more of it to go into the grid and to be used.

There are also opportunities for more local offtakers to take that electricity, too, and the Scottish Government has been looking at heat networks—the work that Màiri McAllan is doing—and at the high-intensity industries that we are trying to encourage to come to Scotland, as part of the work that Kate Forbes is doing with the green industrial strategy.

The work that we have asked NESO to do will be absolutely fundamental to how we go forward. We need to ascertain where the energy security and resilience weak spots are and plan accordingly, and that very important work needs to be done to inform what we, in turn, will do. That future strategic spatial energy plan is, in effect, what we have commissioned NESO to do, and it will allow us to ascertain exactly where the weak spots are in the Scottish grid and in energy generation. We can then plan on that basis with the expert advice that it will supply us with.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

No, it would not be fair to say that at all. You talked about flash cars and flash suits—I assume that it was the developers that you were talking about.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

Okay—I just wanted to clarify that.

Citizen Participation and Public Petitions Committee [Draft]

Energy

Meeting date: 14 January 2026

Gillian Martin

You have asked me about particular instances in your constituency in the chamber before, and I remember you putting it to me that representatives from various developments had been disrespectful to your constituents. Frankly, I think that that is completely out of order. However, it also lends weight to the need to make community engagement mandatory, and to the point that that must have a code of practice associated with it. At the moment, that does not exist.

However, what does exist at the moment is the reporter, who is completely and utterly independent of anyone. Ministers do not get involved in that process—and for very good reason. The reporter is deployed when there is an objection of the type that you have mentioned, in order to make a dispassionate assessment.