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Displaying 3996 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Clauses 2 to 10 are the ones with which we have issues.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I am just double checking that I have got that right. It is part 2, clauses 2 to 10.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
At present, clause 9 provides the power for the secretary of state to make regulations in relation to genetic resources, including benefit sharing, enforcement and conflict avoidance. That may apply to devolved matters, and there is currently no requirement in the bill to secure the consent of Scottish ministers for the secretary of state to act in those areas that are within devolved competence.
The fix would be to put in the bill a provision that the secretary of state would seek the consent of the Scottish Government and the Scottish Parliament. I have had a meeting with the UK minister to outline why that is so important.
Will that impact on a lot of our activities? No, but the fundamental bedrock is to ensure that the UK Government does not act in a way that overrides devolved competence, so that is what we are seeking.
My Scottish Government legal colleague has asked to come in.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I suppose that that is a possibility. Again, I will defer to the lawyers to give me the lowdown on what that could mean, because I do not know how I can answer that without legal advice.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
A general point is that, because we cannot foresee what might happen if we did not have consent, or if we were not even merely consulted—again, I think that “consult” is a very woolly term, and we not should sign up to being consulted; we should have consent—we could not, case by case, figure out the consequences that might arise in whatever scenario there was. Without having consent, Parliament would not have the ability to scrutinise the consequences of a decision that was being made in which we were not included.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
That is true. We are not a signatory because we are not a nation state. We support the aims of the BBNJ agreement and are working hard with the UK Government to support ratification, but your fundamental point is absolutely correct. I was not at the negotiations on the BBNJ. We do not have a seat at the table of the conference of the parties. We rely on the UK Government to give us information about how it is negotiating and what is it is negotiating about.
We have no issues with the BBNJ agreement, but we have to make sure that, when it is enacted by the UK Government, we have consent in relation to the devolved areas in which we have an interest. That is the least that we should expect.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
You are creating potential scenarios in which the UK Government acts in an area of devolved competence and you are asking how we would interact with that. That is why it is important that we have the consent mechanism. I cannot possibly answer that question at the moment, but Joanna Dingwall might be able to help. Maybe I do not understand your question.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I have to be very careful about what I say, because we are negotiating at the moment, although I understand that the committee might want the detail of what we are negotiating on. Concurrent powers is one area that we are looking at. It is not a case of being able to tell you all the potential areas for compromise; what we want is consent powers. We want consent for Scottish ministers and, indeed, the Scottish Parliament. That is the bedrock of the Sewel convention and the bedrock of devolution. If I were—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Yes, I can. Clauses 2 to 10 impose obligations relating to the collection and utilisation of marine genetic resources. I am sorry for using acronyms, which I always said that I would not do. I usually like to give the full names for things. These clauses impact on devolved matters through the level of impact of the provisions on Scottish actors. We think that the impact will be limited, but the bill provides an exemption of the provisions for fishing and fishing-related activities. Only a small number of organisations are involved in collecting and utilising marine genetic resources. However, part 2 raises questions about the impacts on devolved matters and the role of devolved institutions.
As I said, the clauses are still subject to on-going negotiation with the UK Government in order to bottom that out. As we explore the protections with the UK Government, we need first to ensure that we have consent associated with any devolved areas, but we are hopeful that we can then conclude the negotiations.
That is, in effect, a summary of what is in part 2 and why it is important that we have consent.
09:30Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
In part 2.