Communities Committee, 07 Feb 2007
Meeting date: Wednesday, February 7, 2007
Official Report
110KB pdf
Subordinate Legislation
Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (SSI 2006/614)
The second agenda item is consideration of subordinate legislation.
The purpose of the Environmental Impact Assessment (Scotland) Amendment Regulations 2006 is to transpose article 3 of European Commission directive 2003/35/EC on public participation, which inserts amendments into various articles of directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. The regulations transpose article 3 of the directive into four of the environmental impact assessment regimes currently in force in Scotland and amend the United Kingdom-wide Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 (SI 1999/367), in so far as they apply to Scotland.
The regulations that are before us strengthen and clarify the legislation, including arrangements for public participation, the information that is to be made available to the public concerned and making provision for non-governmental organisations promoting environmental protection to seek review before a court.
The Subordinate Legislation Committee sought and received clarification from the Executive on the implementation of the directive, the delay in commencing consultation and the absence of information in the transposition note. The Subordinate Legislation Committee also indicated that there had been a failure to follow proper drafting practice.
Do members have any comments on the regulations?
I think that the Subordinate Legislation Committee has said it all very eloquently.
But have its questions been answered? I read the papers three times and did not understand them.
I think that, since the Subordinate Legislation Committee has passed the regulations on to us, it must be satisfied with the answers.
It has been pointed out to me that it has not been made clear whether the Executive consulted appropriate people, rather than just the usual suspects who are on its consultation list. The Subordinate Legislation Committee did not ask about that. Perhaps we could write to the Executive to say that, although we are happy with the regulations, we would like to check that the appropriate community bodies were consulted. That would be appropriate, given that the purpose of the legislation is to ensure that public participation takes place. If the appropriate bodies chose not to respond, that is their right, but we need to make sure that they were given the opportunity.
That is an important point to clarify.
I am also a member of the European and External Relations Committee, which is considering the vexed question of allegations of the gold plating—or tartan plating—of European regulations as they are imposed in Scotland.
The regulations that are before us will establish an improved framework for public consultation and cross-border consultation on environmental impact. On the face of it, that sounds fine. However, I would like to be clear that the Executive and everyone else is satisfied that the obligations that the framework places on Scotland are no more onerous than those that are placed on any other part of the European Union.
With the Planning etc (Scotland) Act 2006, we were trying to create a planning framework that would ensure that, although all the issues would be considered properly, developments could go ahead. I hope that, when we report on the regulations that are before us today, we will not be rubber stamping a framework that will make it easier for obstructive individuals and organisations to obstruct the process for the hell of it. I presume that that point has already been considered by the Executive and the Subordinate Legislation Committee.
You are right to raise that point, but I should say that paragraph 9 of the clerks' paper points out that there are no significant additional costs to or burdens on business. However, we can raise your concerns when we write to the Executive to ask whether the appropriate parties and members of the public were consulted on the regulations.
Are members content with the regulations?
Members indicated agreement.
Therefore, the committee will not make any recommendation on the regulations.
Do members agree to report to the Parliament on our decision on the regulations?
Members indicated agreement.