The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1199 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Sure. As you have mentioned, the policy intention is to target senior management, but the threshold for liability in section 1 relates to intent and recklessness, so the actions of a non-senior member of staff could make them liable under the bill if it were enacted. Is my understanding of that correct?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
That is helpful. I am conscious that, as the member who introduced the bill, you are relying on advice from the non-Government bills unit and the Parliament’s legal team. This question is specifically for the Parliament’s legal team: why did you not identify the bill’s lack of compatibility with the ECHR?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
From the Parliament’s point of view, do you consider that the bill is compatible with the ECHR?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
[Inaudible.]—I do not think that they would.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Parts 2 and 3 of the bill provide regulation-making powers to UK Government ministers. What is the Scottish Government’s position on those powers?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
In part 2.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
You are opposed to it as it stands—is that correct?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Are you of the view that the existing thresholds are sufficient, or do you think that there might be a need to amend them on the basis of the evidence that we have heard to date?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Okay.
You will have heard in last week’s evidence from the Cabinet Secretary for Climate Action and Energy that the Scottish Government considers that the bill as introduced is not compatible with the European convention on human rights. She referred specifically to section 2(3), which is on establishing a defence of necessity
“on the balance of probabilities”.
Do you believe that the Scottish Government’s view that that is not compatible with the ECHR is correct? If so, what consideration did you give to that when you were drafting the provision in the bill?
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Michael Matheson
Good morning. I want to stick with the thresholds for liability in the bill. You will have heard and read some of the evidence that the committee has received, which raises questions about whether the thresholds are appropriate, largely on the basis that the provisions do not include negligence. Currently, section 1 requires intent or recklessness, and the threshold for responsible officials is “consent or connivance”. Could you explain why you have chosen not to include negligence in the provision?