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Official Report: search what was said in Parliament

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

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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 4 May 2021
  6. Current session: 13 May 2021 to 17 March 2026
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Displaying 1199 contributions

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Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 17 February 2026

Michael Matheson

I am not asking for the exact threshold. I presume that the decision would be made on the balance of probabilities, rather than a requirement that the evidence was beyond reasonable doubt. I am trying to establish the evidential threshold.

It would be a civil matter, not a criminal matter and, therefore, I presume that the threshold would be the balance of probabilities. A criminal matter in the courts has to be proven beyond reasonable doubt but, obviously, a court of law will not be determining those matters.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 17 February 2026

Michael Matheson

So, decisions would be made on the balance of probabilities

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 17 February 2026

Michael Matheson

If there was that requirement, you would have to be calling witnesses, et cetera, so decisions will have to be made on the balance of probabilities. Surely, that is the settled position.

That means that, if someone commits an offence on a bus and they are subsequently convicted for it in a criminal court, they will lose their pass. It does not matter what the offence is. As soon as that person is convicted, they will have been convicted on a higher threshold than is required for the removal of their bus pass. It seems to me that, if someone commits a serious offence on a bus and they are convicted of it, they will lose their pass—without a doubt.

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

I know of specific cases in which it is just that you did not have the internal capacity to deal with the application.

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

Thank you.

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

I will stick with the subject of your role as a statutory consultee in the consenting and planning process, initially with regard to on-land projects and developments. In the course of the past year, have any projects that went to planning been delayed as a result of NatureScot not having the capacity to respond within the timescale for consideration of the planning application?

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

It looks as though, on occasions, you do not meet the timeframe. You are not clear about exactly why that is the case, and you do not know the figure for the number of cases in the past year in which you have not been able to meet the timeframe as a statutory consultee for local planning matters. Pete Higgins, what sort of discussion takes place at the board in relation to the executive team’s oversight of these matters?

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

We are in a situation where the chief executive does not know the figure for the past year but we do know that there are delays that have an impact on live planning applications, for which you are the statutory consultee, and, to date, the board has had no oversight of that. Is that correct?

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

The buck stops with you. You confirmed earlier that there are cases in which you are not able to make it on time, but you were not able to give us the details. We know that it happens. I know that it happens. I am asking you for details of the oversight that you have as the chief executive of the organisation in making sure that you are addressing these issues when they arise, how you go about doing that and how you make sure that the board has proper oversight of the issue. I ask that because it is an on-going issue for the industry that you do not have the necessary capacity to deal with the demand that you face for dealing with energy consents.

Net Zero, Energy and Transport Committee [Draft]

NatureScot (Annual Report and Accounts and Future Priorities)

Meeting date: 17 February 2026

Michael Matheson

No, it is not my view. You have already confirmed that there are cases in which it does not happen.