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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 21 June 2025
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Displaying 2043 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

Thank you. That is helpful.

We know that the European Union (Withdrawal) Act 2018 meant that the 2017 powers failed to exist any more. What is the current situation? If a large wind farm developer was seeking consent right now and wanted to do all the right things in relation to environmental considerations, what regime would they be operating under?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

Sorry, convener鈥擨 have one final, final question.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

Prior to the 2017 regulations.

Net Zero, Energy and Transport Committee

Appointment of the Scottish Land Commissioners and the Tenant Farming Commissioner

Meeting date: 12 November 2024

Bob Doris

I do, convener.

Good morning, everyone. I promise that there are questions for the other witnesses, too, but I will stick with Robert Black for the moment. I should say that I am conscious that we are not running an interview process here, Mr Black. This is an opportunity for you to put some stuff on the public record in the Parliament, as part of our role in this area.

What do you consider to be the key objectives and priorities for the post that you are possibly about to take on, and what will the key challenges be? I know that that sounds very much like an interview question.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

Yes.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

Pre-2017, we implemented decisions made at a European level. We did not make our own decisions.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

There is an EU principle, and we build our framework for compliance around that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

Okay. The policy intent, then, is by and large to stay compliant with those regulations but to take the power to amend them as appropriate to changing circumstances. Have I got that right, Deputy First Minister?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

And my understanding is that there would be no lowering of the bar in relation to those consultation requirements, because we are sticking with the 2017 requirements, as previously outlined.

My only other question is about the concurrent operation of powers. It is quite reasonable for the Scottish Government to wait and see how environmental outcomes reports and regulations work in practice, and then decide whether to endure with environmental impact assessments for the longer term or to see whether there is better practice elsewhere and adopt that. However, the key point would be that the Scottish ministers would be in control of that decision. Would that be correct, Deputy First Minister?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 12 November 2024

Bob Doris

I will just make the point that this can be quite simplistic when the legalese is taken out of it, so I appreciate the answers.

Is it possible that the UK Government could pivot to environmental outcomes reports, which then became requirements on the Scottish consenting regime, as would environmental impact assessments? Is it possible that the Scottish regime could have two sets of standards that developers would have to comply with? That would concern some developers.