Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 15 July 2025
Select which types of business to include


Select level of detail in results

Displaying 3014 contributions

|

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 10 December 2024

Mark Ruskell

Do you want that to be in the bill or are you happy for it to be in guidance and to assume that the Government will make the right decision?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 10 December 2024

Mark Ruskell

Do Andrew Thin and Gary Campbell want to comment on the threshold issue? What would be an adequate threshold for land management plans?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 10 December 2024

Mark Ruskell

One aspect of Aarhus compliance involves the ability of citizens to challenge not only a decision-making procedure that they believe was inadequate, but the merit of the decision. That is something that we do not really have. The convention talks about

“the substantive and procedural legality”

of environmental decisions. At the moment—this is the case with fracking and some other environmental issues—environmental non-governmental organisations can take bodies to court when they believe that they have not followed an adequate procedure, but they cannot challenge the substance of the decision. For example, they cannot say that a decision is not great in relation to our legal obligations around climate change. As long as the procedure that a minister or a body goes through to get to that decision is procedurally correct, there is no issue for the courts to consider.

Where does the Government sit on that issue? It would be quite a move to enable people to challenge a decision based on the merits of the decision, and not just on the procedure. I would be interested to hear your views on that.

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 10 December 2024

Mark Ruskell

I know that we are discussing licensing this morning, but I will bring my question down to a specific issue. Do you think that the Supreme Court’s recent decision on Rosebank starts to move into the area of concern about the merit of a particular decision rather than the procedural aspect of it?

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 10 December 2024

Mark Ruskell

You have suggested that the Government could have concerns about the establishment of an environmental court, because it could be disruptive—I think that that is what you said—to actions that we need to take in relation to delivering net zero by 2045. I suppose that Mr Lumsden might want to take the Government to court over its decisions on pylon lines or whatever.

Could you expand on that issue? What is the underlying concern? Is it about environmental NGOs possibly challenging offshore wind farms, such as the Berwick Bank project, about which there is concern at the moment? There have been concerns about other such projects in the past. Is the Government hesitating on the issues because there is fear that some of the tensions around environmental mitigation and impact could result in lengthy delays to some of the good stuff that it needs to do around net zero?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 10 December 2024

Mark Ruskell

We keep going back to your previous roles.

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 10 December 2024

Mark Ruskell

You have mentioned lotting a number of times. Before we leave that subject, does anyone want to reflect more on what is currently in the bill? We have heard a lot of comments from stakeholders about the lotting process. Do you want to comment on lotting?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 10 December 2024

Mark Ruskell

Okay. I presume that Andrew Thin and Gary Campbell are not going to comment on that. I see that they are not.

Net Zero, Energy and Transport Committee

Environmental Governance

Meeting date: 10 December 2024

Mark Ruskell

Does that mean that there are four or five dates?

Net Zero, Energy and Transport Committee

Land Reform (Scotland) Bill: Stage 1

Meeting date: 10 December 2024

Mark Ruskell

I will go back to the bill’s provisions on land management plans. How will that play out in a crofting estate—whether it is community owned or owned by an individual or a family? Can you point to good examples where land management plans are in effect already being developed or consulted on with wider crofting townships and others? Is there potential for change to reflect good practice through such plans?