The next item of business is consideration of motion S6M-16749, on appointment of chair to Environmental Standards Scotland. I call Gillian Martin, the Acting Cabinet Secretary for Net Zero and Energy, to speak to and move the motion.
17:00
If you give me two seconds, Presiding Officer, I will bring up my notes. I got a little bit distracted.
The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 requires the appointment of members of the board of Environmental Standards Scotland, including the chair, to be approved by the Scottish Parliament. The motion seeks the Parliament’s approval of Dr Richard Dixon as the nominated candidate for the role of board chair of ESS, as approved unanimously by the Net Zero, Energy and Transport Committee at its meeting on 18 February 2025.
A motion was agreed to on 30 January 2025 that approved the reappointment of Dr Dixon—an existing member of the ESS board—as an ordinary member for a further three years. However, in light of the outcome of the chair appointment process, which has now overtaken the reappointment process, the Scottish Government has not progressed Dr Dixon’s reappointment as a member of the ESS board but instead intends to appoint Dr Dixon as board chair.
For the sake of clarity, the Scottish ministers’ position is that the process for appointing the chair is separate from that for reappointing members, in line with the “Code of Practice for Ministerial Appointments to Public Bodies in Scotland”. Furthermore, and for the avoidance of doubt, the duration of the post of chair was publicly advertised as being four years, which is why there is a difference in timeframes between the motion in January and the motion before the chamber today. In short, the appointment process for the chair has overtaken the previous member reappointment process.
I move,
That the Parliament notes the Net Zero, Energy and Transport Committee’s consideration of Dr Richard Dixon as the nominated candidate for the role of Board Chair of Environmental Standards Scotland at its meeting on 18 February 2025; welcomes the committee’s recommendation that the Parliament approves the appointment of Dr Richard Dixon for four years in accordance with schedule 1, paragraph 2(4) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, and approves the appointment as required by schedule 1, paragraph 2(2) of the Act.
17:02
I thank the cabinet secretary for her comments, which cleared up some of the points that I was going to raise because I feel that there is some confusion on the matter.
As I understand the timeline of Mr Dixon’s involvement with Environmental Standards Scotland, he was first appointed to the board in December 2020. He was then reappointed to the board in November 2024. In January 2025, he was appointed as interim chair, and today we are being asked to confirm his appointment as chair for a further four years, which will take us to 2029, unless I am mistaken. Therefore, he has been reappointed once and has changed roles twice within that time.
Paragraph 4.3 of the Environmental Standards Scotland framework document states:
“Ministers may reappoint members on one occasion only”.
I think that that might have been addressed by the cabinet secretary. I was thinking that, surely, this would be the individual’s secondary appointment and therefore contrary to the rules that are established by the framework document.
Paragraph 4.3 continues:
“members may thus serve a total of two consecutive terms”
and a member’s
“total period of appointment may not exceed 8 years.”
If Mr Dixon was first appointed in 2020 and the secondary appointment will take us to 2029, that would be about eight and a half to nine years. Once again, that contravenes the rules that are set out in the framework document.
At committee, I was willing to put aside Mr Dixon’s sympathies towards Just Stop Oil and his stance against nuclear power, but the rules were put in place for a purpose. They are there to ensure that the work of ESS remains independent and above reproach. Its reputation is essential for ensuring that public bodies recognise its authority, but the SNP’s proposal will drive a coach and horses through those relationships.
Given the fact that the motion breaks the very rules that the Parliament has agreed to, it is impossible for the Scottish Conservatives to support it. I suggest to colleagues that the Government needs to look at this appointment again and put forward a new timeline for the candidate.
17:07
Douglas Lumsden has said that his questions were largely answered by my opening speech, so I am a bit concerned about the fact that he is not now going to support the motion. A motion was agreed to in the Parliament on the reappointment of Dr Richard Dixon as an existing member of the board for three years, but this is a completely separate appointment, as chair for four years. Therefore, it is entirely in line with the “Code of Practice for Ministerial Appointments to Public Bodies in Scotland”.
Board members should be informed of reappointment decisions 13 weeks in advance of their term coming to an end, hence why the process overlapped with the chair appointment process. The period of a three-year reappointment term is based on a recommendation from the body, in line with succession planning arrangements as required by the—
Will the cabinet secretary give way?
I will.
Will the cabinet secretary confirm the total length Mr Dixon’s appointment, from when he started on the board to when he is due to finish, according to the motion?
As I said, there are no issues with the length of Dr Dixon’s appointment as chair. He served on the board for a period as an ordinary member, but that is not an issue, and it is completely in accordance with the code of practice.
The question on the motion will be put at decision time.
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