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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 22 June 2025
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Displaying 1358 contributions

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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.

Net Zero, Energy and Transport Committee

Environmental Governance

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

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?

Education, Children and Young People Committee

Post-school Education and Skills Reform

Meeting date: 10 January 2024

Ben Macpherson

Minister, you made a point about careers advice. In my constituency, Leith academy runs a great programme that brings in lots of employers to introduce young people to what is available in the local area, and Drummond community high school specialises in construction. Yesterday, I was at Lothian Buses with a third sector organisation called Powering Futures to look at the apprenticeships that they are creating. That is anecdotal evidence of good work in just one constituency, but how do we get to a position where there is consistency in introducing young people to the plethora of different opportunities that are available?

Education, Children and Young People Committee

Post-school Education and Skills Reform

Meeting date: 10 January 2024

Ben Macpherson

That is helpful. In your previous answers and in your opening remarks, you said that you are—quite rightly—considering all the recommendations and that you will take the appropriate time to respond to and implement them. We heard from Mr Withers on 15 November that he would be concerned if elements of the review were cherry picked. You have certainly not indicated today that that is happening, but it would be helpful to the Parliament if you would confirm that the Government does not intend to take a cherry-picking approach to the review. In due course, once you have taken the appropriate time to consider all the recommendations, will the Scottish Government set out its response to each of them to give clarity to the Parliament? If so, when, approximately, should we anticipate that?

Education, Children and Young People Committee

Post-school Education and Skills Reform

Meeting date: 10 January 2024

Ben Macpherson

Since the review was published, there has been an accelerating enthusiasm for giving such qualifications parity of esteem. That will all take us in the right direction.

Education, Children and Young People Committee

Post-school Education and Skills Reform

Meeting date: 10 January 2024

Ben Macpherson

I want to pick up briefly on some of the points that have been made about employers. Thank you for telling us about the round-table discussion that you are going to have with employers. I know from my constituency casework that skills planning is pertinent to a number of employers in these considerations. Have you considered how, following that round table, you will continue to include employers’ skills planning expertise in the considerations of how to respond to their needs and make sure that there is access to skills in the short, medium and long terms, which you talked about?