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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 5 May 2021
  6. Current session: 12 May 2021 to 25 November 2024
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Displaying 1736 contributions

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Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

We are happy to talk more about some of the engagement that has taken place, if you would like to hear about that.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

The regulations that we have brought forward have been largely based on the experience that we have had so far. The vast majority of the scallop dredge fleet has REM systems on board. We do not anticipate too many issues in that regard, but that is exactly why we have regulations that set out, for example, what happens if there is a first breakdown and should that happen again.

The 28-day grace period that you mentioned is important. You are absolutely right that we received a variety of different views on that. Some people think that the period is too long, but we think that the approach is a realistic and balanced one that could allow any necessary work to take place. Again, that is based on the experience that we have had so far. I believe that we have reached the right balance in the regulations.

I think that Ellen Huis wants to add a point to that.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

Again, that is in relation to the data transmission requirements. I will pass over to Jane MacPherson, who can provide more information on that point.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

They are handled slightly differently, because the technology that they have on board is different. That is why the scallop vessels have a 28-day grace period. They do not have satellite technology on board; often, they are more reliant on a mobile phone signal or wi-fi to transmit the data. That is why their data is stored on the REM device and uploaded only at the next available opportunity. However, we have not seen any particular issue in relation to that. The two segments are different—they operate in different ways—which is why we have that difference in approach.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

We are going down a lot of hypotheticals. Again, all of this is about getting the balance right so that we do not undermine the objectives we are trying to achieve with the SSI. It is also about ensuring that we have the ability to deal with any problems that arise, which is why the regulations that Jane MacPherson set out and talked through, and the way that they are structured, are so important.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

We have set out that we believe that we have the capacity and the resources to deal with that. Any expected or anticipated costs have been set out in the information in the BRIA, but of course we would continue to keep those under review.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

Absolutely. It would be beneficial on all those fronts. I also mentioned the spatial element. We know that the data that we collect will be partly personal or commercially sensitive data, which we have to be very careful with. However, we would aim to aggregate and anonymise it and potentially make it publicly available, as it would be useful information for people in many areas to have.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

You raise an important point. First, I highlight that any matter in relation to the level of penalty that is imposed is for the sheriff or the court to decide in each case. It is up to them to determine that, and we would not, and should not, have any locus in that regard.

We had a commitment previously to look at the overall enforcement penalty regime. We still intend to undertake that work, but we have a number of on-going pieces of priority work and other important matters that we need to consider in place of that. We are not intending to do that immediately, therefore, but it is still an important piece of work that we will be doing in future.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

Absolutely. As I outlined earlier, we recognise that—as the committee will know from the evidence that you have heard and received in relation to the matter—stakeholders across the piece have an interest in looking at the spatial data in particular. That is why, as I said earlier, we have to be careful about how we use the data. With regard to the privacy elements, we have worked with the Information Commissioner to ensure that we are adhering to all our obligations in how we handle and process data. If we can aggregate and anonymise that data, we would then be in a position in which we could seek to make the information publicly available, which I think would help in relation to all the issues that you have outlined.

Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 1 May 2024

Mairi Gougeon

Yes. We do not want our Scottish vessels to be at a disadvantage compared with anyone else, so the draft regulations are really important in ensuring that they are not disadvantaged and that we have that level playing field.