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
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
NatureScot said:
“We support changes. It does not make a lot of sense to us to have legislation that we cannot easily amend. Giving the power to change legislation in response to changing technologies, climate change and so on seems sensible to us.”—[Official Report, Rural Affairs and Islands Committee, 28 May 2025; c 38.]
NatureScot is supportive of the power.
Our legal assessment is that we do not have the flexibility to be responsive enough to the changes that climate change, in particular, will cause to happen in our natural environment. We would not be putting the provision in—I would not be putting it in—if we had the ability through guidance to meet those objectives. This change and this part of the bill are there to allow us the flexibility to be adaptive and agile in a dynamic situation.
Unless there is any other legal advice that I can get from Stewart Cunningham on this, I am convinced that the power needs to be included in order to enhance biodiversity and allow us to be responsive to what is a literally changeable environment, particularly as a result of climate change. Having this bespoke provision for Scotland in the bill will give us that ability, which we do not currently have.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
We acknowledge that the bill’s provisions are not a replacement for the power in the European Communities Act 1972. The EIA and habitats legislation originated in EU law, which means that, as a result of our having exited the EU, we have lost that power. That has created a legislative gap that we think needs to be filled, and we do not believe that regulation 9D does that. As I said, using it would mean that we would end up with legislation that was frozen in time from the date of our EU exit.
If we required primary legislation every time that an amendment to EIA or habitats legislation was needed, however minor that change might be, that would be disproportionate and unworkable, and it is not an agile or responsive way to respond to critical and dynamically changing situations. That is why we want to be able to fill that legislative gap. We do not think that regulation 9D does that, and we think that the provision in part 2 of the bill does.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
The team is working on secondary legislation on targets; that work will not wait for royal assent and is already in train—we are looking at it. The words “agile” and “iterative” seem to be my catchphrases. That work is happening because we want—at the start of the next parliamentary session, I imagine—to be able to put the targets out for scrutiny.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
We do the consents aspect of that, but the regulation associated with it is reserved to the UK.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
It depends on which waters we are talking about.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
We have responsibilities for inshore waters.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
Yes, but, again, the issue is to do with the interoperability of the two regimes. At the moment, we are in a bit of a sweet spot with regard to alignment, because of the UK Government’s ambitions in that area. In addition, both Parliaments have net zero targets—ours is 2045 and the UK’s is 2050—so there has to be interoperability when it comes to how we achieve those.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
Are you suggesting that Scotland should have responsibility for offshore as well as inshore waters?
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
Given your constitutional allegiances, I am not sure that you want to go down that path. We are getting further into the area of asking whether the Scottish Government, which wants to have responsibility for Scotland as a whole, should have powers in relation to the entire marine environment, and you know what my answer would be.
Rural Affairs and Islands Committee
Meeting date: 4 June 2025
Gillian Martin
I am glad that we got there in the end.