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Seòmar agus comataidhean

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 25 January 2026
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Displaying 1601 contributions

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Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

May I add a supplementary question on that point? I talked earlier about the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. Has that had any meaningful positive impact on those considerations?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

Can I come in, convener?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

Thanks very much. Professor Parsons made some important points there. There are instances—I can think of at least one in my constituency—where public bodies and agencies have to interact with private landowners. Is that not one of the areas of consideration where the use of legal mechanisms may be beneficial for the common good in certain circumstances?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

And—

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

Having that expertise is also really significant for communities and those who bring any challenge so that they know in which direction to turn. I do not know whether you want to say anything more about that. It seems quite a clunky and cluttered landscape at the moment. Is the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 relevant here? Is that making a difference in the here and now? I do not know whether you want to add any more on that.

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

It is related to what Mr Austin has just said. Panel members have made strong arguments why, in your view, there should be an environmental court, but, regarding the compliance with the Aarhus convention, the Scottish Government’s review accepts that there is a need to consider improvements to access to justice in principle and sets out a number of proposals, in particular proposals to tackle the prohibitive costs of legal action. Mr Austin, you gave some views in your previous answer, but do you or other panellists have any further views on the proposed reforms from the Government in its response?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

It would be about building a mechanism for justice for the medium to long term, not just in the years ahead. Jamie Whittle, you talked about the commercial specialist court. Approximately how many years has that been in place? Decades?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

Okay. Thank you. Does anyone else want to contribute on those points?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 16 January 2024

Ben Macpherson

Sorry, I mean in the review, rather than in the response.

Education, Children and Young People Committee

Post-school Education and Skills Reform

Meeting date: 10 January 2024

Ben Macpherson

That sounds like a good way to progress. I am sympathetic to the point that you made about wanting to take the appropriate time to test for unintended consequences and I appreciate your offer to write to the committee. On top of that, once you have reached conclusions on all the recommendations, even if some of them are to be rejected or implemented in a different way, it would be helpful for the Parliament to know the reasoning for your decision on each recommendation.