I do not know when stage 2 will be. Is it not the convener who decides that? You asked me whether I think that we have time to deal with all the unintended consequences. I do not know whether I can answer that.

It is not up to me to decide that. I will be here at stage 2, no matter what, with all my amendments, and I will work with any members who want to work with me on amendments to deal with unintended consequences.

As I said, we already wanted to include in the bill a defence of acting under permit, and we also wanted to make sure that any of the regulatory bodies would be protected when working under licence or permit.

You make a very good point. The committee has received a significant volume of responses, which are comprehensive. We will look at those, and the planning minister will take a view, too.

I will start by expressing my agreement with Dr Allan’s earlier remarks and urging the committee to support his amendments, which we worked on together.

Dr Allan’s amendments 115 to 117 are designed to alleviate concerns by including an environmental protection requirement in part 2 of the bill and narrowing the scope of the purpose set out in section 3(c). His amendment 121 seeks to narrow the scope of the purpose set out in section 3(f).

I put on record—I think that I also reflected this in the evidence at stage 1—that I agree that we need to ensure that any legislation is not vulnerable to being misused by any future Government that does not have biodiversity or climate goals in its sights or that does not agree with them. I am happy to see that a lot of work has been done by various members on that. I do not agree with deleting part 2 of the bill, but I am absolutely convinced that Dr Allan’s amendments are a significant step towards having a safeguard put in place, and Scottish Environment LINK has expressed that they are a significant step forward.

I will now turn to other amendments in the group. Although I recognise the attempts that members have made to introduce non-regression clauses and agree with the intention behind that, the amendments that Dr Allan has lodged are those that I feel achieve the objectives in a way that I can stand beside.

Ms Boyack’s amendments 5 and 6, Ms Wishart’s amendment 196 and Mr Eagle’s amendment 313 all seek to introduce a non-regression provision to part 2 of the bill. They respond directly to the understandable concerns that stakeholders and the committee raised about the need for a non-regression provision. Of course, we need to decide which non-regression provision members might want to get behind and support.

The breadth of the power and the absence of safeguards in part 2 of the bill were mentioned in the stage 1 debate. We need safeguards—I hope that members recognise that I agree with everyone on that. The Government shares the ambition to uphold high environmental standards. However, a non-regression provision amendment needs to offer a clearer, more workable safeguard that supports our ambitions for both nature restoration and climate change. I do not agree that one has priority over the other—they are inextricably linked and have parity, as far as I am concerned.

As a non-regression provision would introduce legal obligation, the Government believes that any provision needs to be proportionate and a workable safeguard that strikes a balance between maintaining flexibility and ensuring accountability.

I am not entirely sure that I understand the question. I have just set out how regulation 9D does not give us the flexibility to adapt to situations that require that flexibility and fleet-of-foot reaction. I am confident that the adoption of Alasdair Allan’s amendments would allay any concerns about not having non-regression safeguards in the bill.

I set out at stage 1 many of the reasons why we could not have a static situation. For example, we could have protected areas that no longer protect the species that they were originally set up to protect, because of the effects of climate change on that species. We need to have a more fleet-of-foot response available. I also point to Emma Harper’s amendment in relation to the affirmative procedure being used for substantive amendments and changes, which is also right.

The suite of amendments from Alasdair Allan and Emma Harper should allay a lot of the difficulties that people had at stage 1.

Absolutely—I am always open to having discussions with members.

I feel fairly confident that the amendments lodged by Dr Allan and Emma Harper will put scrutiny in there. Dr Allan’s amendments, in particular, include provisions to make sure that no future Government could weaken environmental protections. That is what we all want, because we do not know what will happen in the future.

The very legitimate argument was made by some members at stage 1 that, although we might trust the Government, and even the parties that sit in the Parliament, right now with regard to environmental protections, we do not know what will happen or who will be in government in the future, and we would not want to leave the bill open to misuse.

I therefore commend the members who have said that we need to put in place provisions such that any future Government could not use anything in part 2 to weaken environmental protections. The strength of feeling on that has been demonstrated by the amendments that have been lodged.

I want to finish my point first.

Specifically in recognition of those concerns, I have worked with Dr Allan on amendments that will strengthen the provisions. We have tested some of those amendments with ENGOs. That is why I mentioned Scottish Environment LINK’s comments in that regard.

At stage 1, I set out why we included part 2, which was to address some of the gaps that had been left in the legislation as a result of EU exit. We need to fill in those gaps as much as possible, because they leave us with an inability to adapt to any impacts or changes to particular areas as a result of climate change—or anything—in a fleet-of-foot manner. There might be times when ministers have to act very quickly to align with evolving global climate and biodiversity standards.

There are various examples. On the biodiversity beyond national jurisdiction agreement, we have to rely on the UK Government to provide a power for Scottish ministers to amend our EIA regulations. I would much rather that that was already within the Scottish Government’s competence than our having to wait on another Government to give us the powers.

The loophole has been created as a result of EU exit. That was the main reason for part 2 of the bill, and the main concerns about part 2 were about non-regression rather than the existence of that part. I certainly did not hear anything compelling, outwith what politicians were saying, to suggest that it should be removed wholesale. The concerns that I heard—my adviser and I had discussions with Scottish Environment LINK—were about non-regression and the potential for the lack of parliamentary scrutiny if the affirmative procedure was not required for substantive changes.

I do not agree with the phraseology of sledgehammers and nuts. I have explained the reasoning behind the provisions in part 2, which was to do with closing the gap that was caused by EU exit and giving Scottish ministers the power to act in an adaptive and swift way, should they have to, without waiting for an agreement with the UK Government. It has not, and has never been, the policy of this Government to dismantle Scotland’s environmental protections, but one area on which I agree with members is that, if we did not include safeguards, we would leave that possibility open to future Governments. Convener, you and I are not going to agree on this, because, as you made very clear at stage 1, you have already made up your mind that you want part 2 to be removed—the same goes for Mark Ruskell.

I have worked with Alasdair Allan and Emma Harper to allay stakeholders’ concerns so that, we hope, people will be able to support part 2 in its entirety, as amended. Part 2 introduces the bespoke power to modify the 1994 habitats regulations and legislation on the environmental impact assessment regime. It plugs the legislative gap that exists as a result of EU exit. The power is essential to ensure that we continue to meet our environmental obligations in a way that is fit for purpose, particularly in the context of net zero and nature restoration ambitions.

I understand that, as drafted, part 2 does not include safeguards. Having worked with Dr Allan and Emma Harper, I am confident that we have allayed those concerns and that, if their amendments are agreed to, we will have a much stronger part 2 that will protect against future Governments being able to abuse the provisions. If the amendments are agreed to, future Governments will simply not be able to do that.

I recognise that amendment 7 was lodged due to the concerns that we have heard from other committee members, and from stakeholders in their evidence, about the scope of the proposed powers to modify the environmental impact assessment legislation and habitats regulations. I recognise the concerns, but I cannot support amendment 7, because there is already a duty on Scottish ministers to manage and, where necessary, adapt the UK site network, as is specified in regulation 9D of the habitats regulations. That is where regulation 9D is strong. Therefore, when considering the use of the power to amend the habitats regulations, ministers must already have regard to regulation 9D and any potential implications for the UK site network. I ask the member not to move amendment 7, failing which, I ask the committee to reject it.

Amendment 8 would introduce the affirmative procedure to cover the power provided in part 2. I absolutely recognise the concerns that were raised in the stage 1 debate about the lack of clarity as to when the affirmative procedure should apply. I have always been clear that, if the power were to be used to make significant changes, the affirmative procedure should apply. Ms Boyack’s amendment 8 reflects the desire for stronger safeguards, but I would argue that a blanket requirement for the affirmative procedure is not proportionate and would not be an efficient use of the public resource of the Parliament’s time, as that would also cover all the minor and technical changes that might be made over time.

There is a judgment call to be made. Emma Harper’s amendment 57 offers a more balanced approach, but both amendments have the affirmative procedure in their sights; it is just a case of whether the committee wants to have the affirmative procedure for every minor and technical amendment that we might make. It is the committee’s judgment call.

I will start by expressing my agreement with Dr Allan’s earlier remarks and urging the committee to support his amendments, which we worked on together.

Dr Allan’s amendments 115 to 117 are designed to alleviate concerns by including an environmental protection requirement in part 2 of the bill and narrowing the scope of the purpose set out in section 3(c). His amendment 121 seeks to narrow the scope of the purpose set out in section 3(f).

I put on record—I think that I also reflected this in the evidence at stage 1—that I agree that we need to ensure that any legislation is not vulnerable to being misused by any future Government that does not have biodiversity or climate goals in its sights or that does not agree with them. I am happy to see that a lot of work has been done by various members on that. I do not agree with deleting part 2 of the bill, but I am absolutely convinced that Dr Allan’s amendments are a significant step towards having a safeguard put in place, and Scottish Environment LINK has expressed that they are a significant step forward.

I will now turn to other amendments in the group. Although I recognise the attempts that members have made to introduce non-regression clauses and agree with the intention behind that, the amendments that Dr Allan has lodged are those that I feel achieve the objectives in a way that I can stand beside.

Ms Boyack’s amendments 5 and 6, Ms Wishart’s amendment 196 and Mr Eagle’s amendment 313 all seek to introduce a non-regression provision to part 2 of the bill. They respond directly to the understandable concerns that stakeholders and the committee raised about the need for a non-regression provision. Of course, we need to decide which non-regression provision members might want to get behind and support.

The breadth of the power and the absence of safeguards in part 2 of the bill were mentioned in the stage 1 debate. We need safeguards—I hope that members recognise that I agree with everyone on that. The Government shares the ambition to uphold high environmental standards. However, a non-regression provision amendment needs to offer a clearer, more workable safeguard that supports our ambitions for both nature restoration and climate change. I do not agree that one has priority over the other—they are inextricably linked and have parity, as far as I am concerned.

As a non-regression provision would introduce legal obligation, the Government believes that any provision needs to be proportionate and a workable safeguard that strikes a balance between maintaining flexibility and ensuring accountability.