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 3780 contributions
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I suppose that the provision of area-based management tools, such as MPAs, would be a component of that. That is why it is so important that we have consent.
I do not know whether I can answer the question about HPMAs, but, as Douglas Lumsden has pointed out, fisheries management tools are the domain of the Scottish Government and it is for the Scottish Parliament to scrutinise what is happening in that area. I do not think that that potential scenario is likely to happen.
In effect, marine protection is a power that sits with the Scottish Parliament and the Scottish Government, so we would not want to see a UK Government minister having powers over marine protection.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
We are exploring all options. I will not alight on one in particular. We are exploring a range of options and my officials have been working hard to try to get an agreement that we could be satisfied with. Obviously, having concurrent powers is an option. If I can put it this way, we are looking at any potential protections to ensure that devolution is properly respected in the bill.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
We are negotiating sufficient protections. A number of protections are on the table, which means that they are matters of discussion between me and the UK Government minister right now. I said that I would try my best to let the committee know the outcome of those negotiations, so that you will have notice of what we have agreed to. However, while those negotiations are on-going, you will have to forgive me if I do not run through a list of potential protections that we would or would not seek to have in the bill, because those are still being negotiated. I hope that you will respect that.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I understand that, convener. You say that it is difficult for you to do your job, but I would not be doing my job if I did not ensure that we protect devolution in absolutely everything that comes across my desk from the UK Government.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Clauses 2 to 10 are the ones with which we have issues.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I am just double checking that I have got that right. It is part 2, clauses 2 to 10.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
At present, clause 9 provides the power for the secretary of state to make regulations in relation to genetic resources, including benefit sharing, enforcement and conflict avoidance. That may apply to devolved matters, and there is currently no requirement in the bill to secure the consent of Scottish ministers for the secretary of state to act in those areas that are within devolved competence.
The fix would be to put in the bill a provision that the secretary of state would seek the consent of the Scottish Government and the Scottish Parliament. I have had a meeting with the UK minister to outline why that is so important.
Will that impact on a lot of our activities? No, but the fundamental bedrock is to ensure that the UK Government does not act in a way that overrides devolved competence, so that is what we are seeking.
My Scottish Government legal colleague has asked to come in.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I suppose that that is a possibility. Again, I will defer to the lawyers to give me the lowdown on what that could mean, because I do not know how I can answer that without legal advice.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
A general point is that, because we cannot foresee what might happen if we did not have consent, or if we were not even merely consulted—again, I think that “consult” is a very woolly term, and we not should sign up to being consulted; we should have consent—we could not, case by case, figure out the consequences that might arise in whatever scenario there was. Without having consent, Parliament would not have the ability to scrutinise the consequences of a decision that was being made in which we were not included.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
That is true. We are not a signatory because we are not a nation state. We support the aims of the BBNJ agreement and are working hard with the UK Government to support ratification, but your fundamental point is absolutely correct. I was not at the negotiations on the BBNJ. We do not have a seat at the table of the conference of the parties. We rely on the UK Government to give us information about how it is negotiating and what is it is negotiating about.
We have no issues with the BBNJ agreement, but we have to make sure that, when it is enacted by the UK Government, we have consent in relation to the devolved areas in which we have an interest. That is the least that we should expect.