Meeting of the Parliament 27 January 2026 [Draft]
I have three amendments in the group. Amendments 46 and 47 seek to separate the target topic of habitat condition and habitat extent into two distinct topics. I am concerned that the bill allows for one or the other to be sufficient to meet a target, rather than requiring both to be so. That would mean that the condition of a habitat could decline while the extent grows or that the extent could shrink while the condition improves, and those situations would still satisfy the target.
I lodged similar amendments at stage 2, which the Government could not support due to the inclusion of the phrase “conservation importance”. The Cabinet Secretary for Climate Action and Energy stated:
“I understand why Ms Villalba lodged amendments 19 and 20, but I am concerned that they would have the effect of narrowing the target topic by restricting it to habitats of conservation importance ... The term “conservation importance”, which is used in the amendments, would limit the scope of habitats in that target topic and, in turn, the available set of indicators that could be used to set targets against. On that basis, I ask the committee not to agree to amendments 19 and 20.”—[Official Report, Rural Affairs and Islands Committee, 19 November 2025; c 16.]
I therefore did not move those amendments at stage 2. Instead, I have worked on them to remove the phrasing that was highlighted and I have brought them back at stage 3, where I hope to receive Scottish Government support for them.
Amendment 70 addresses some of the concerns that I expressed at stage 2 about ensuring that, if there is a need for a new independent review body to be appointed to monitor the Scottish Government’s progress on targets, appropriate safeguards are in place. Accordingly, amendment 70 seeks to add some additional qualifications to the power in proposed new section 2G(4) of the Nature Conservation (Scotland) Act 2004, so that any new body must be an independent public body or office-holder.
Although I understand that there is no intention at this time for that function to be carried out by anyone other than Environmental Standards Scotland, it is important that we, as a responsible and forward-looking Parliament, future proof the power. The restrictions seek to place appropriate limits on the powers of any future Government by ensuring that the crucial independent review body function may be carried out only by an independent public body.
I put on the record my thanks to Scottish Government officials for working constructively with me on the wording of amendment 70, and my thanks to the legislation team for their support on amendments 46 and 47. I look forward to hearing the cabinet secretary’s response, particularly with regard to amendments 46 and 47, and I urge all members to support all my amendments in the group.