The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1199 contributions
Net Zero, Energy and Transport Committee [Draft]
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]
Meeting date: 17 February 2026
Michael Matheson
So, decisions would be made on the balance of probabilities
Net Zero, Energy and Transport Committee [Draft]
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]
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]
Meeting date: 17 February 2026
Michael Matheson
Thank you.
Net Zero, Energy and Transport Committee [Draft]
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]
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]
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]
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]
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.