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 1632 contributions
Net Zero, Energy and Transport Committee
Meeting date: 16 January 2024
Ben Macpherson
Good morning. Thank you for your time and your submissions.
Before I ask my questions, I draw members’ attention to my registered interest as a solicitor on the roll of Scottish solicitors and as a previously practising, now non-practising, member of the Law Society of Scotland.
This is all about the climate crisis and the biodiversity crisis on a larger scale, but for the constituencies that we represent and the communities whom we serve, it is about quality of place, quality of the local environment and quality of life. What interests me about the wider issue is the question how we make improvements together. I take SEPA’s point about working collaboratively. I have certainly seen that in my constituency at the Seafield waste water treatment works, for example, on which Professor Parsons and SEPA have been engaged. We have seen improvement through collaboration without the need for legal process.
There are questions, however, about access to justice in order to make improvements. I am open-minded about the idea of an environmental court. I know that Dr Fifield has been involved in considerations of the Water of Leith basin in my constituency: thank you for that.
What are the panel’s views on the need for an environmental court in Scotland? Do we really need that? To what extent do you agree with the concern that has been raised by ERCS in its written evidence—that the Scottish Government’s consideration of the issue in the review did not meet the requirements of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, even taking into account that the Government went on to publish a further briefing on the issue and extended the consultation period? Dr Fifield seems to want to answer that question first.
Net Zero, Energy and Transport Committee
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
Meeting date: 16 January 2024
Ben Macpherson
Can I come in, convener?
Net Zero, Energy and Transport Committee
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
Meeting date: 16 January 2024
Ben Macpherson
And—
Net Zero, Energy and Transport Committee
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
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
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
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
Meeting date: 16 January 2024
Ben Macpherson
Sorry, I mean in the review, rather than in the response.