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 3996 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I can understand why you are putting that question to me, but we have not been a signatory to the BBNJ agreement as a nation state—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
At the moment, we cannot agree to part 2, because the schedule will impose obligations relating to the collection and utilisation of MGR and associated DSI from a BBNJ. That includes—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
In reality, most of the actions that are associated with the bill will be exercised by UK Government ministers. We do not have any problem with that. It is just a case of them having our consent to do so. In emergency situations, such as conflict between marine craft, the UK Government has responsibility.
The consent of Scottish ministers is the issue here, not the deployment or the response.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Subject to negotiation.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
That discussion might more be one to have with the UK Government, but Scottish institutions are included in the explanatory notes for the bill. As the guidance is developed after the bill is passed, we want to ensure that the Scottish Government has engagement with all stakeholders that might be affected. The UK Government is running a public consultation, which was published on 21 November and which closes on 19 December, on the implementation of part 4 of the BBNJ agreement, as it relates to licensable marine activities. We were involved in what the consultation looked like, so it is a joint consultation. For information, I say to anyone who is watching this evidence session and is concerned about licensable marine activities that they have until 19 December to put their points. However, once the bill is enacted and we have a better understanding of where we have got to on consent, we will want to ensure that all our Scottish stakeholders have the opportunity to be involved in the guidance that we put together.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
A requirement to be consulted is not worth pursuing, because what does that mean in practice? We could just be told what is happening quite quickly before something is agreed, or whatever. With the BBNJ bill, you can see how late it was when we were able to find out that devolved competences were being looked at.
It comes back to the fundamental point that, in the future, in areas known and unknown, a secretary of state could in effect leapfrog the Scottish Parliament. Well, they would not be leapfrogging the Scottish Parliament because, if we consent to the bill as is, that would be perfectly legitimate. However, we cannot consent to the bill as it is. We need consent so that we have the protection of devolved competence and we cannot be leapfrogged in future situations.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I suppose that the provision of area-based management tools, such as MPAs, would be a component of that. That is why it is so important that we have consent.
I do not know whether I can answer the question about HPMAs, but, as Douglas Lumsden has pointed out, fisheries management tools are the domain of the Scottish Government and it is for the Scottish Parliament to scrutinise what is happening in that area. I do not think that that potential scenario is likely to happen.
In effect, marine protection is a power that sits with the Scottish Parliament and the Scottish Government, so we would not want to see a UK Government minister having powers over marine protection.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
We are exploring all options. I will not alight on one in particular. We are exploring a range of options and my officials have been working hard to try to get an agreement that we could be satisfied with. Obviously, having concurrent powers is an option. If I can put it this way, we are looking at any potential protections to ensure that devolution is properly respected in the bill.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
We are negotiating sufficient protections. A number of protections are on the table, which means that they are matters of discussion between me and the UK Government minister right now. I said that I would try my best to let the committee know the outcome of those negotiations, so that you will have notice of what we have agreed to. However, while those negotiations are on-going, you will have to forgive me if I do not run through a list of potential protections that we would or would not seek to have in the bill, because those are still being negotiated. I hope that you will respect that.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I understand that, convener. You say that it is difficult for you to do your job, but I would not be doing my job if I did not ensure that we protect devolution in absolutely everything that comes across my desk from the UK Government.