Committee
Economy, Energy and Fair Work Committee 26 January 2021
26 Jan 2021 · S5 · Economy, Energy and Fair Work Committee
Item of business
Heat Networks (Scotland) Bill: Stage 2
Largely, the amendments in this group relate to drafting changes following the review of the bill and consequences of the amendments that have been discussed in the remaining groups. I thank the Law Society of Scotland for pointing out matters relating to the heat network consents that required clarification, which are also addressed by the amendments in this group. Amendment 4 will make technical changes to the word order of section 7(4)(b). The amendment has no substantial effect. Amendment 7 corrects an omission to require a licensing authority, where one is designated under section 4 of the bill as an alternative to the Scottish ministers, to “have regard to any guidance issued” by the Scottish ministers under section 14. The guidance is important—for example, it can provide general direction with regard to setting out processes of assessing the heat network licence applications. Amendment 8 is a technical change to the wording of section 17(1) to reflect that heat networks may be constructed or operated by another person on behalf of the consent holder. I turn to amendments that were inspired by the feedback provided by the Law Society of Scotland in its written evidence in relation to the enforcement of heat network consents. We reflected on the feedback, and amendments 52 to 60 will amend sections 29 and 30 to recognise that a person may be exempt from the requirement to hold a heat network consent, and to clarify that enforcement action cannot be taken in certain cases. Lastly, amendments 128 and 129 aim to reflect the further regulation-making powers that are introduced by other stage 2 Government amendments relating to: appeals against revocation of heat networks licence; appeals against notice of revocation given by local authority; the call-in of heat network consent applications et cetera by the Scottish ministers; appeals regarding applications for heat network consent et cetera to local authorities; applications and decisions under part 2 where there is more than one appropriate consenting authority; section 32(1); appeals against revocation of heat network zone permit; and registration of network wayleave rights. Those powers allow the modification of primary legislation, and amendments 128 and 129 will provide for the application of the affirmative procedure when regulations make textual modifications to primary legislation. I ask members to support each amendment in the group and I move amendment 4. Amendment 4 agreed to. Section 7, as amended, agreed to. Sections 8 to 10 agreed to. Section 11—Revocation of heat networks licence
In the same item of business
The Convener (Gordon Lindhurst)
Con
Good morning, and welcome to the third meeting in 2021 of the Economy, Energy and Fair Work Committee. Agenda item 1 is consideration of the Heat Networks (S...
The Convener
Con
Amendment 1, in the name of the minister, is in a group on its own.
The Minister for Energy, Connectivity and the Islands (Paul Wheelhouse)
SNP
Good morning. Section 1(7) of the bill as introduced enables the Scottish ministers to “modify the meaning ... of ‘heat network’, ‘district heat network’ or...
The Convener
Con
The next group is on fuel poverty: contributing to fuel poverty targets and consulting the Scottish fuel poverty advisory panel. Amendment 2, in the name of ...
Paul Wheelhouse
SNP
This group of amendments seeks to meet the recommendations in paragraphs 131 and 132 of the committee’s stage 1 report, which invited me to “reflect on the ...
Graham Simpson (Central Scotland) (Con)
Con
I welcome the minister’s comments. A lot of that sounded quite technical but, in essence, it is quite simple: we must have regard to fuel poverty and ensure ...
Alex Rowley (Mid Scotland and Fife) (Lab)
Lab
As we sit here on a cold January morning, it is tragic that there are thousands of people all over Scotland who are cold and living in fuel poverty. The Gove...
Richard Lyle (Uddingston and Bellshill) (SNP)
SNP
I agree totally with my colleagues. We must all care about fuel poverty and take the time to resolve it. Perhaps the United Kingdom Government could look at ...
The Convener
Con
I invite the minister to wind up.
Paul Wheelhouse
SNP
I thank members for their positive remarks. I also thank the committee and witnesses who gave evidence, because I hope that they have helped us to strengthen...
The Convener
Con
Amendment 145, in the name of Claudia Beamish, is grouped with amendments 149 and 152. Alex Rowley will move amendment 145 and speak to all the amendments in...
Alex Rowley
Lab
Convener, my understanding is that my colleague Claudia Beamish has had discussions with the minister and, as a result, the intention is to lodge an amendmen...
The Convener
Con
Does any member object to amendment 145 being withdrawn?
Graham Simpson
Con
On a point of clarification, is Alex Rowley withdrawing all three amendments? 09:15
The Convener
Con
Mr Rowley, are you withdrawing all three amendments?
Alex Rowley
Lab
If that is the way to do it, yes.
The Convener
Con
I am happy for it to be done that way; I think that that is fine. Does any member object to Mr Rowley withdrawing those three amendments? As no member objec...
The Convener
Con
The next group is on heat networks licence standard conditions. Amendment 134, in the name of Alexander Burnett, is the only amendment in the group.
Alexander Burnett (Aberdeenshire West) (Con)
Con
Good morning. Before I speak to amendment 134, I refer members to my entry in the register of interests, particularly in relation to my involvement in develo...
Paul Wheelhouse
SNP
Alexander Burnett has summed up the situation well, and I was pleased to work with him. Hopefully, we will be able to continue to work together to address th...
The Convener
Con
Mr Burnett, do you wish to press or withdraw amendment 134?
Alexander Burnett
Con
I will withdraw the amendment for the reasons stated, and I will look to resubmit it at stage 3. Amendment 134, by agreement, withdrawn. Section 6 agreed t...
The Convener
Con
Group 5 is on minor and technical amendments. Amendment 4, in the name of Paul Wheelhouse, is grouped with amendments 7, 8, 39, 52 to 60, 128 and 129.
Paul Wheelhouse
SNP
Largely, the amendments in this group relate to drafting changes following the review of the bill and consequences of the amendments that have been discussed...
The Convener
Con
The next group is on revocation and appeals against revocation of heat networks licences. Amendment 5, in the name of the minister, is grouped with amendment 6.
Paul Wheelhouse
SNP
The amendments that are in the group will address the recommendation that the committee made in paragraph 84 of its stage 1 report, in which it asked the Sco...
Alexander Burnett
Con
I thank the minister for the set of amendments. They are in tandem with amendment 134, which I spoke about and did not press. The sector has looked for clari...
Paul Wheelhouse
SNP
I welcome Mr Burnett’s comments. We will do all that we can to address his final point about trying to work the processes in tandem. I will bear that in mind...
The Convener
Con
The next group is on heat networks licences: existing heat networks. Amendment 146, in the name of Maurice Golden, is grouped with amendments 147 and 148.
Maurice Golden (West Scotland) (Con)
Con
Amendment 146 addresses the obvious need for the Government to deal with retrospective changes to existing heat networks. That is a particularly unclear area...