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Item 2 is a big one: the Climate Change (Scotland) Bill. We are considering the bill as amended at stage 2. The time between stage 2 and stage 3 of the bill is very short—the barest minimum under standing orders—which is why we are considering the delegated powers in the amended bill so close to stage 3. The clerks will arrange for the committee's report on the bill as amended to be published overnight, so that it is available tomorrow morning prior to the stage 3 debate.
Members indicated agreement.
We may, however, wish to draw it to the attention of Parliament that no explanation has been given in the supplementary delegated powers memorandum as to the relationship between the sort of Community instrument that triggers section 2A(2), and the 42 per cent figure in the section.
Members indicated agreement.
Are we content with the amendments made to the delegated powers provisions in section 6, "Modifying annual targets etc"?
Members indicated agreement.
Are we content in principle with the amendments made at stage 2 to section 7, "Advice before modifying annual targets etc"?
Members indicated agreement.
On section 7A, "Achievement of annual targets: domestic effort target", are we agreed that the delegated power contained in subsection (3) is acceptable in principle, and that it is subject to affirmative resolution procedure?
Members indicated agreement.
On section 12, "The net Scottish emissions account", are we content that the amendments made at stage 2 in subsections (1A) to (1C) do not confer new delegated powers or substantially affect the delegated powers in the section at stage 1?
Members indicated agreement.
Are we content that the amendments made at stage 2 to section 14, "Scottish share of emissions from international aviation and international shipping", do not confer new delegated powers or substantially affect existing powers?
Members indicated agreement.
On section 18A, "Limits on use of carbon units", are we content to report that the delegated powers contained in subsections (1) to (5) are acceptable in principle, and that they are subject to affirmative resolution procedure?
Members indicated agreement.
On section 18B, "Modifying limits on use of carbon units etc", are we content that the delegated powers are acceptable in principle, and that they are subject to affirmative resolution procedure?
Members indicated agreement.
On section 18C, "Advice before setting or modifying limits on use of carbon units etc", are we content with the additional provisions in relation to the delegated powers?
Members indicated agreement.
On section 23, "Reporting on progress towards targets", are we content that the delegated powers in subsections (3A) and (4) are acceptable in principle, and that they are subject to affirmative resolution procedure?
Members indicated agreement.
On section 24, "Scottish Ministers' response to reports on progress", are we content that the delegated power in subsection (2) is acceptable in principle, and that it is subject to affirmative resolution procedure?
Members indicated agreement.
On section 36, "Duties of public bodies relating to climate change", are we content to report—as we reported at stage 1—that the power under subsection (1) to impose further duties on public bodies relating to climate change is potentially extremely wide in its scope, in particular as the further climate change duties that may be imposed by order are not clearly defined?
I think that the powers in the bill are fine, but it is fair enough that we draw them to the attention of Parliament. I do not have a problem with the powers, but I accept the committee's view that they should be pointed out and that there might be a problem.
That is very generous of you. I think that we might have anticipated that comment, given what you have said at previous committee meetings.
There is a Government amendment to delete that section.
Okay.
Members indicated agreement.
On section 46, "Variation of permitted times for making muirburn", are we content that the power as amended is acceptable and that it is subject to affirmative resolution procedure?
Members indicated agreement.
On section 47, "Power to modify functions of Forestry Commissioners", do we agree to draw the Parliament's attention to the width of that power to modify the functions of the forestry commissioners as regards Scotland in relation to climate change purposes, while noting that there is no longer a power to permit the delegation of functions to other bodies?
Members indicated agreement.
On section 50, "Non-domestic buildings: assessment of energy performance and emissions", do we agree to draw it to the Parliament's attention that there is now a requirement to make regulations under subsection (1) rather than simply a power to do so? Secondly, do we agree to draw Parliament's attention to the fact that the power must be exercised to require owners to take steps to improve energy performance and reduce emissions? That is a strong power.
Members indicated agreement.
Are we otherwise content that all of the powers under section 50 are now to be exercisable by affirmative resolution procedure?
Members indicated agreement.
We may note that in view of that requirement to provide regulations, a tension may arise between that obligation on ministers and the need for such regulations to be approved by the Parliament.
Members indicated agreement.
Secondly, are we satisfied that the powers under section 50A are to be exercisable by affirmative procedure?
Members indicated agreement.
On section 50B, "Council tax reductions to promote energy efficiency", are we content to draw Parliament's attention to the new regulation-making provision and the fact that no justification has been provided in the supplementary DPM as to why it is appropriate to make that provision through subordinate legislation?
Members indicated agreement.
We may wish to note that ministers are placed under an obligation to make regulations but can be prevented from so doing if Parliament does not approve what is laid before it. Given the impact of the power if Parliament considers it acceptable, the committee may consider that the power should be exercisable subject to affirmative procedure.
Members indicated agreement.
On section 51A, "Air source heat pumps and micro wind turbines in domestic properties: permitted development rights", are we content to draw the Parliament's attention to the duty placed on Scottish ministers to exercise their powers under section 30 of the Town and Country Planning (Scotland) Act 1997 to achieve the effect set out in section 51A(2)? Secondly, are we content with the additional consultation requirement imposed by section 51A(4)?
Members indicated agreement.
I apologise for doing all the talking. If anyone feels like asking a question, please do so.
Members indicated agreement.
On section 51E, "Scottish civil estate: supplementary", is the committee satisfied with the terms of the new power set out in the section and that its exercise will be subject to affirmative procedure?
Members indicated agreement.
Are we content that the broad powers in section 52, "Waste prevention and management plans", section 53, "Information on waste", section 54, "Recyclable waste: facilities for deposit etc", section 55, "Recyclable waste: facilities for deposit at events etc", section 56, "Procurement of recyclate", and section 57, "Targets for reduction of packaging etc", are now subject to super-affirmative procedure, which requires a standstill period of at least 30 parliamentary sitting days?
Members indicated agreement.
On section 58, "Deposit and return schemes", are we content to find the powers as amended acceptable and to note also as acceptable that those subject to affirmative procedure are now subject to super-affirmative procedure, which requires a standstill period of at least 30 parliamentary sitting days?
Members indicated agreement.
We are almost at the end of the bill.
Members indicated agreement.
On section 58B, "Power to establish scheme administrator", are we content to draw Parliament's attention to the breadth of this power, in particular so far as it enables a body established under it to
Members indicated agreement.
On section 59, "Charges for supply of carrier bags", are we content to note as acceptable that those powers that were subject to affirmative procedure are now subject to super-affirmative procedure, which requires a standstill period of 30 parliamentary sitting days?
Members indicated agreement.
It is indeed an important topic.
It is certainly a super-important topic to one of my colleagues.
The phrase "carrier bags" is written on his heart.