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 1447 contributions
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
Thank you. The second of my questions is about whether you can help me to understand your projections for the number of businesses that will be caught and potentially fined under this. Do you have any projections for how much money you might raise as a result?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
I am staying with what you called “the order”: the Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2023.
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
Yes, and what is the figure—the statutory maximum—that the penalty will not exceed, please?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
Will you take an intervention?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
A couple of things arise for me, minister. On the civil penalty, what happens to the money that is raised in fines? Did I hear you tell the convener that SEPA retains it to fund itself?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
I see. What happens to the fines?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
I understand. Thank you. The key point, it feels to me—I appreciate that we will go to debate in a minute—is that the fines raised do not come back to the DRS specifically, perhaps to help that scheme or to help producers or whatever.
Who is the arbiter of whether a breach of the order merits a criminal prosecution or requires a civil prosecution? “Prosecution” is the wrong word, but you know what I mean. Will SEPA be the arbiter of that?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
Will the minister take an intervention?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
I agree with you: it is unhelpful or unfortunate, perhaps, that we have both of these orders together. This is the intervention that I was going to put to Jackie Dunbar: how do you deal with the convener’s point about SEPA and resourcing and becoming judge and jury? What is your response to the convener’s challenge?
Net Zero, Energy and Transport Committee
Meeting date: 7 February 2023
Liam Kerr
I will briefly follow up on that question. David Hibbert talked about unbundling and tendering. Do you have any thoughts on the structure of how we procure and deliver ferry services in Scotland, particularly in your jurisdiction? Do you have any views on the Transport Scotland-CMAL circle—or, in this case, matrix? Is there a better way in which that could be structured, or is that structure the right one?