Seòmar agus comataidhean

The process that SEPA is undertaking is on-going, and I do not have the results of it. I also cannot talk about live applications, as members know, so I am not going to.

However, SEPA is taking an active look at some of the issues that were brought up in the petition and those that Fergus Ewing mentioned to do with the potential cumulative effect of multiple pump storage hydro developments. We will find out more about that from SEPA, including when it is due to do its consultation.

I do not agree that nothing has been happening. There is high demand for grants, loans and associated assistance under the community and renewable energy scheme.

When I first met the UK Government’s energy minister once he had come into post, he talked about the UK Government’s local power plan, and I expressly said to him that he should not reinvent the wheel, because we want to expand the capacity of community and renewable energy, given that demand is so high. I am pleased to say that, off the back of that, I was able to secure funding to augment the capacity of Community Energy Scotland through GB Energy. Funding has come straight to CARES via the Scottish Government. The budget, which was announced yesterday, also includes commitments on community energy.

I have also done work relating to repowering opportunities on publicly owned land. We have put in place a scheme that will, in effect, give communities priority in applying for repowering opportunities, which will involve work through CARES. That was not the case previously.

On Fergus Ewing’s general point, developers working with communities to facilitate more community energy is exactly what I want to see happening. I do not want it just to be a case of there being an offer of money on the table, with the message being, “Do with it what you will.”

For communities that want to leverage private finance in order to have a community energy scheme, I agree with Fergus Ewing that there is exciting potential around mandating community benefits, but there is nothing preventing developers from doing that, on a voluntary basis, at the moment. Some developers have done that, but I want to see more of it. I do not know whether every community will want to do that, but the whole point is that it is up to them. That goes back to Jackson Carlaw’s point that communities should be able to decide how they utilise the community benefits.

However, there is no shortage of demand for community energy projects. I am trying my level best to give communities more opportunities to own their own energy. We have set out the repowering opportunities for Forestry and Land Scotland, although I do not have them in front of me. There are a number of such opportunities. I have actively said that community energy schemes should take priority in applications for repowering opportunities, and CARES will assist communities in that regard.

I must put on the record that there has been significant progress on community energy.

The draft energy strategy and just transition plan has been published, but there are a number of things that we need to bottom out as a result of Supreme Court judgments, particularly those relating to oil and gas licensing. Oil and gas licensing is reserved to the UK Government, but people expect us to take a view on it.

There is no shortage of other energy policy documents that set out our ambition on all sorts of energy. The draft energy strategy has been published for the public, and I have also produced onshore and offshore wind statements and a hydrogen strategy. A great number of policy documents have been published already.

I cannot give an answer to the question about when the final energy strategy will be published.

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.

We need to look at each planning application on its own merits. I would say, given the 2025 act and the potential for Scottish ministers to have the power to mandate community engagement, I and my officials will be undertaking a consultation with stakeholders to discuss those issues, so that we can improve the process.

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.

I am not here to answer for Ed Miliband. Upgrading the grid infrastructure has actually been the policy of successive UK Governments—it was the previous Government that put in place grid infrastructure upgrades. I take the point that everything like this takes a very long time, but the time to start is now.

I have heard different views on that. I am not talking about people in my party, and I will not divulge who I heard those views from—it was at a public event, but I do not feel comfortable saying who they are. They had a completely different view and wanted the status quo to remain.

Okay—I just wanted to clarify that.