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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 27 August 2025
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Displaying 1144 contributions

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Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

How do you get over that at the moment, or do you not? Is that the issue?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

Okay. Does any of the panel have a different view?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

I still have some concerns. I guess that it is our job to ensure that there are checks and balances within Government, but the real concern is that this is just a really wide power. After all, we are making legislation not for this Government but for Governments over the next 20 or 30 years, and the power could be used to cause damage rather than to improve and protect.

11:30  

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

I mean the exercise of the subsections being constrained by section 3(a)—that is, that the power could be used only in pursuit of section 3(a).

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

Yes.

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

In your written evidence on part 2 of the bill, you say that you responded to the Scottish Government’s consultation on the proposal for new enabling powers, you stated that they

“should be defined objectively, framed as narrowly as possible and any powers to make (or amend) secondary legislation restricted by effective legal boundaries.”

Has the bill, as drafted, delivered that? If not, what are the environmental implications of how the power is currently framed?

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 28 May 2025

Rhoda Grant

Thank you.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 28 May 2025

Rhoda Grant

That approach seems easier for Orkney and Shetland, as their sea spaces are unique to them, whereas I think that conflicts will arise in, say, the Minch, where there are several local authorities involved. How will they work together? Do they have the resources to be able to plan?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

Are there other instances where such a power would be required? Given that enforcement is an issue for you, could the bill be amended in such a way as to enable the 2017 regulations to be changed while narrowing the scope of the regulatory power that is being implemented through the bill?

Rural Affairs and Islands Committee

Natural Environment (Scotland) Bill: Stage 1

Meeting date: 28 May 2025

Rhoda Grant

The evidence that we had prior to this is that there is flexibility within the regulations as they stand.