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
You are creating potential scenarios in which the UK Government acts in an area of devolved competence and you are asking how we would interact with that. That is why it is important that we have the consent mechanism. I cannot possibly answer that question at the moment, but Joanna Dingwall might be able to help. Maybe I do not understand your question.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I have to be very careful about what I say, because we are negotiating at the moment, although I understand that the committee might want the detail of what we are negotiating on. Concurrent powers is one area that we are looking at. It is not a case of being able to tell you all the potential areas for compromise; what we want is consent powers. We want consent for Scottish ministers and, indeed, the Scottish Parliament. That is the bedrock of the Sewel convention and the bedrock of devolution. If I were—
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Yes, I can. Clauses 2 to 10 impose obligations relating to the collection and utilisation of marine genetic resources. I am sorry for using acronyms, which I always said that I would not do. I usually like to give the full names for things. These clauses impact on devolved matters through the level of impact of the provisions on Scottish actors. We think that the impact will be limited, but the bill provides an exemption of the provisions for fishing and fishing-related activities. Only a small number of organisations are involved in collecting and utilising marine genetic resources. However, part 2 raises questions about the impacts on devolved matters and the role of devolved institutions.
As I said, the clauses are still subject to on-going negotiation with the UK Government in order to bottom that out. As we explore the protections with the UK Government, we need first to ensure that we have consent associated with any devolved areas, but we are hopeful that we can then conclude the negotiations.
That is, in effect, a summary of what is in part 2 and why it is important that we have consent.
09:30Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
In part 2.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Yes—subject to negotiations. As it stands, we cannot support those provisions, and we need to ensure that the negotiations put mechanisms in there that give the Scottish Parliament oversight and respect devolved competence.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Yes. It is about awareness and consent.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Yes.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
Clause 13, which is on emergency directions, has also been negotiated, and it is probably a more straightforward area of negotiation. However, clauses 11 and 13 need to be bottomed out, because we need to make sure that, even in emergency situations, we are aware of what is happening and that we are involved when the secretary of state takes action.
Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
I will have to turn to the lawyer for that, if that is okay.
09:45Net Zero, Energy and Transport Committee
Meeting date: 9 December 2025
Gillian Martin
It could sign up to something that is decided on at the conference of the parties. Obviously, Scotland does not have a seat, because we are not a nation state at the conference of the parties, so we are reliant on the UK Government to negotiate the situation on our behalf. We are looking for mechanisms in the bill to ensure that the Scottish Government is consulted and included in the discussions at the conference of the parties. When an agreement is made by the conference of the parties, we mean to have consent over its devolved aspects, because we cannot have the implementation of things that we have not signed up to. It is as simple as that, I suppose.