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Chamber and committees

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 5 May 2021
  6. Current session: 12 May 2021 to 17 June 2025
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Displaying 2332 contributions

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Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

You will avoid the need to use section 8 because section 7 and section 6 will work more effectively. Is that right?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

Does Ms Wilson want to come in?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

It is nice to have, but it is not something that you want to be held to account for.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

I want to come back to threatened species status, cabinet secretary. You described the need for a bit more latitude in the way that that is interpreted. In your letter to the committee you said that that could be put in place, either in the explanatory notes to the bill or in the bill itself. Would you consider an amendment in that regard, perhaps one that covers species that are in decline as well as those that are threatened?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

Why are the goals for 2030 and 2045 not in the bill?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

That is about a very small area, but the provisions in part 2 of the bill are extremely wide and give ministers the power to gut the habitats regulations should they choose to do so. Nevertheless, I will focus on that very specific example. My understanding is—and the answers that we got from NatureScot the other week suggest—that it is possible to change the designation to effectively redesignate sites if that is required. Under regulation 9D of the Conservation (Natural Habitats, &c) (EU Exit) (Scotland) (Amendment) Regulations 2019, there is a duty on the Scottish ministers to “adapt” the site network.

I appreciate Stewart Cunningham’s comment that your interpretation is that you cannot legally do that. However, the Department for Environment, Food and Rural Affairs has just published guidance to change regulations to enable site boundaries and features to be amended. Why is DEFRA wrong and why are you right?

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

I want to return to the subject of offshore wind. I think that the Government has said that its offshore wind ambitions are not achievable in the current system. I might have asked you a similar question when you gave evidence to the Net Zero, Energy and Transport Committee on the legislative consent memorandum for the United Kingdom Planning and Infrastructure Bill, which will give the Scottish ministers some flexibility in relation to powers under the Electricity Act 1989.

I have a similar question on the Natural Environment (Scotland) Bill. How will you use the powers under part 2 of the bill to provide the flexibility that is needed, which is particularly important for offshore wind transmission infrastructure? I think that that is the point that was made in relation to the UK bill. When you spoke about the UK bill at the NZET Committee, I think that you said that the intention would not be to change the environmental assessment regime, although I might have picked that up wrongly.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

I think that that has been stated by the Government, in the context of the current system.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

It is a little bit concerning to hear at stage 1 that there is an on-going conversation with DEFRA about the application of the law, but we will have several months over the summer to see what situation emerges.

We took evidence from the Joint Nature Conservation Committee, which is responsible for nature conservation on a four-nations basis. Its view is that we should amend these powers “with very great caution” and that we would make wholesale changes “at our peril”. There is clearly concern among agencies and those who are monitoring the state of nature in this country about any powers in this section.

I will leave it there just now, but that is food for thought.

Rural Affairs and Islands Committee [Draft]

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 4 June 2025

Mark Ruskell

I was wondering whether there is precedent for having an environmental regulator as an adviser when it ultimately holds power over regulation. Is that something that NatureScot is already doing?

Ms Wilson described NatureScot as having a wider advisory role, but this is quite specific. It is about advising in a particular area on deer management plans, while also having a regulatory function. Is there precedent for how NatureScot and other environmental regulators have managed those two responsibilities? How have they dealt with the perception that there might be a conflict of interest?