Chamber and committees

We published a high level statement of intent on biodiversity on 14 December 2020 in order to take account of delays in agreeing a new global biodiversity framework at CoP15. We are closely engaged in discussions with the UK Government and the other devolved administrations on negotiation of the new framework.

The Statement of Intent signals our ambitions for biodiversity in Scotland, our international action, and announces our commitment to publish a new biodiversity strategy by October 2022 which will define high level outcomes to address the ongoing decline in biodiversity. This will be supported by a delivery plan published within six months of the new strategy.

The direct and indirect drivers of biodiversity loss identified by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services provide a useful high-level summary framework, and alongside other analyses such as Global Biodiversity Outlook 5 and the State of Nature report for Scotland provide a substantial evidence base around which to design our new strategy. However, it is a thorough and comprehensive understanding of Scotland’s particular needs which will most effectively shape our strategic framework and enable us to deliver improvements in biodiversity in Scotland.

The Scottish Government has an objective to determine Electricity Act section 36 applications within nine months, where possible. It is important to clarify that this timeline is dependent on the submission of a complete, fit for purpose application that fully addresses all issues raised by Scottish Ministers and consultees during the pre-application period including the scoping process. That is why we are encouraging applicants to engage early with both the regulator and relevant stakeholders.

Details of the consenting process for offshore wind developments can be found here:

https://www.gov.scot/publications/marine-scotland-consenting-licensing-manual-offshore-wind-wave-tidal-energy-applications/

ScotWind leasing is administered by Crown Estate Scotland who are responsible for completing the process of due diligence in line with relevant guidance.

Crown Estate Scotland advises that all project partners were required to make a declaration providing Crown Estate Scotland with written assurance that they have not been convicted of unlawful activity in relation to a range of requirements, including aspects such as; corruption, bribery, fraud and human trafficking and exploitation, within the last five years. Only companies providing such assurances were allowed to proceed with bids.

The ScotWind terms and conditions make clear that Crown Estate Scotland reserves the right to void any application which is found to have provided false information. If any companies have been found to have made false declarations on these matters Crown Estate Scotland will take the appropriate action.

The Scottish Government is clear that both public authorities and private enterprises have a responsibility to ensure human rights are respected and protected in the workplace. Scottish Ministers remain committed to defending the vitally-important legislation which protects human rights in Scotland and in the UK – including both the Human Rights Act 1998 and the constitutional protections built into the Scotland Act 1998.

The Fair Work Convention’s Framework defines fair work and underpins our Fair Work policy, but it is not designed to be enforceable. Moreover, employment law is currently reserved to the UK Government, and in the absence of employment powers we continue to deliver our Fair Work Action Plan to embed work practices in workplaces across Scotland.

Through our Fair Work First approach, fair work criteria is being applied to public sector grants, other funding and contracts where it is relevant and proportionate to do so. This approach encourages employers to adopt fair work practices, rather than penalising those who cannot and provides the best opportunity to engage and support employers.

As part of the Bute House Agreement , and subject to limits on devolved competence, by Summer 2022, we will make it a requirement for the recipients of public sector grants to pay at least the real Living Wage and provide appropriate channels for effective workers’ voice, such as trade union recognition. We continue to work with the Fair Work Convention and other key stakeholders to strengthen conditionality and ensure it is proportionate and effective in delivering real benefits.

We will consult on the draft Islands Energy Strategy during the summer of 2022.

The Strategy will set out an approach to supporting island residents and communities to decarbonise, and to develop renewable energy solutions that can promote resilience, enhance sustainability, and meet their energy needs.

In developing the draft Strategy, we will engage with our island stakeholders, to ensure we reflect their differing needs and priorities and work alongside the Carbon Neutral Islands initiative to maximise impact and shared learning.

The ScotWind process is administered by Crown Estate Scotland and therefore Crown Estate Scotland is the body who has the responsibility to undertake all relevant checks.

The Building (Scotland) Amendment Regulations 2022 are currently being developed and expected to be laid in the Scottish Parliament on 31 March 2022. Supporting guidance contained in the technical handbooks will be published in the Spring.

Budget allocations are agreed and published as part of the annual Scottish Budget process, with option fee income expected to be recognised over a number of years, to a maximum of ten years in line with the lease period.

To date a prudent estimate of ScotWind fees has been included in the 2022-23 budget of circa £41 million. The total figure will be finalised once leasing payment recognition has been confirmed.

These monies support the 2022-23 budget and underpin projects set out within the budget in line with the Programme for Government commitment to invest some of the ScotWind revenues to help tackle the twin crises of biodiversity and climate change as we transition to Net Zero.

As stated in the recent Programme for Government, some of the ScotWind revenues will be utilised for actions which tackle the twin crises of biodiversity and climate change, creating a legacy for the future, and some monies have already been identified to underpin projects in the 2022-23 budget in line with this commitment. Beyond these monies Scottish Ministers will consider carefully how the ScotWind revenues should be invested to maximise the benefits to the people of Scotland.

My officials met with UK Government and the UK Atomic Energy Agency officials on 1 February 2022. UK Government officials provided an outline of the objectives of the competition and the likely timelines for the conclusion of the site selection process. My officials will continue discussions with UK Government and UK Atomic Energy Agency Officials as required.