Chamber and committees

The purpose of the meeting on 26 February 2025 was to update myself and the Minister for Climate Action on the Review of Electricity Market Arrangements, the reform options being considered by UK Government, and the potential impact of those options for Scotland.

The briefing paper for this meeting, and list of attendees, including ministers, have already been released under the Freedom of Information (Scotland) Act 2002 (FOISA). It is standard procedure for names of officials to be redacted in all FOIs under Section 38(1)(b), due to protections around the sharing of Third Party Data, whereby personal data is exempt from disclosure if disclosure would contravene any of the data protection principles in Article 5(1) of the UK GDPR and in section 34(1) of the DPA 2018.

Upon review of the FOI, section 29(1)(a) was not cited as a redaction used. Information has been redacted under 30(b)(i), however, was redacted due to it relating to the free and frank provision of advice. This exemption recognises the need for Ministers to have space within which to seek advice and views from officials before reaching a settled public position.

In line with usual practice, details of individual tasks carried out by civil servants, including the number of hours spent on them, are not routinely recorded.

For offshore wind, as part of the environmental assessment processes undertaken for the updated Sectoral Marine Plan for Offshore Wind Energy, a cumulative assessment considering existing, consented and proposed impacts on protected seabird species is being undertaken and will published for consultation this Spring.

For onshore wind, at present, a full cumulative impact assessment across all onshore wind farm developments has not been undertaken.

In respect of offshore wind farms, six reports have been submitted to the Marine Directorate – Licensing Operations Team. Reports consider the distribution and abundance of seabirds around wind farms or protected sites and what this may mean in terms of their displacement from wind farm areas, with some reports discussing implications for collision avoidance rates used in modelling.

All information related to determinations made by Scottish Ministers in respect of onshore wind farm developments, which may include conditions such as post-construction ornithological monitoring, is publicly available on our Energy Consents website: https://www.energyconsents.scot/ApplicationSearch.aspx.

Regarding the consenting process for new energy infrastructure, the environmental impacts of developments are examined according to provisions of the Electricity Act 1989, relevant Environmental Impact Assessment regulations, and habitats regulations, alongside relevant policy.

Scottish Government has not funded any projects into technical or operational measures to reduce bird collisions since 2020. Since 2020 Scottish Government has focussed on improving the evidence base on bird collision risk by funding research on establishing seabird flight heights and the quantification of potential collisions of seabirds with wind-turbine blades through modelling.

The Scottish Government does not currently have plans to update the Scottish seabird sensitivity map. The Scottish seabird sensitivity map was last published in August 2024 following updates in over 2021-2023. There are various streams of work underway through the Scottish Marine Energy Research Programme (ScotMER) that will improve relevant parameters including seabird distributions, population trends and collision risk, required to update the tool. Once this work is completed, we may revisit and update the seabird sensitivity map.

In respect of offshore wind farms, three consents have been issued since 1 January 2022. All three have requirements for ornithological monitoring via a condition for a Project Environmental Monitoring Programme (PEMP). In the event that further potential adverse environmental effects are identified, for which no predictions were made in the application, the Scottish Ministers may require the developer to undertake additional monitoring through the PEMP condition.

All information related to determinations made by Scottish Ministers in respect of onshore wind farm developments, including related conditions, is publicly available on our Energy Consents website: Scottish Government - Energy Consents Unit - Application Search . In cases where deemed planning permission is granted, any conditions of that deemed planning permission would be discharged by the Planning Authority.

As part of their applications for consent under the Electricity Act 1989, developers undertake environmental impact assessment (EIA), including collision risk modelling to estimate annual collisions in respect of ornithological receptors. The results of such modelling for offshore wind are available within the EIA Reports published on the Marine Directorate – Licensing Operations Team website: https://marine.gov.scot/marine-projects.

Data provided by offshore wind developers indicate a total of 2 confirmed collisions have been reported at operational offshore wind farms in the last 5 years – one kittiwake (date not provided) and one herring gull (July 2024).

NatureScot collect data for bird strikes at onshore wind farms via their online reporting tool. The reporting is voluntary, meaning it is likely they only receive reports on a proportion of strikes. Where possible the data is supplemented with information they receive from general correspondence.

The mitigation of bird strikes at onshore wind farms is decided on a case-by-case basis. Any mitigation measures provided in the development's application documentation, specifically the Environmental Impact Assessment (EIA), is subject to statutory and other relevant consultees analysing the data and providing their technical expertise. If necessary, consultees will request additional ecological, ornithological and environmental data and information that will inform any decisions on mitigations.

Decisions on the Review of Electricity Market Arrangements (REMA) are reserved to the UK Government. The UK Government has published impact assessments and is updating its analysis ahead of a final decision this summer. We are awaiting sight of this updated modelling.