Meeting of the Parliament 30 October 2025
Today, we are seeking Parliament’s approval for a supplementary LCM on the Planning and Infrastructure Bill that relates to an amendment that the UK Government tabled recently, which inserted a clause on wind generation stations that affect seismic array systems.
In Scotland, we have the Eskdalemuir seismic array, which is a Ministry of Defence seismological monitoring station in the Dumfries and Galloway area that is maintained as part of the United Kingdom’s obligation under the comprehensive nuclear test ban treaty. Wind turbines can cause seismic vibrations or noise in the ground, which can impact the functioning of the array. Since 2005, the MOD has set a limit on how much vibration or noise is allowed within what is known as the 50km consultation zone. That is to safeguard the array and to ensure that it can function properly.
However, in 2018, that noise limit was breached. Since then, the MOD has objected to every planned new wind farm within that 50km zone. The new clause in the bill will establish primary powers to enable the secretary of state to make regulations at a later date that will bring forward a new policy approach to safeguarding the functioning of the array, which will allow the potential for further onshore wind development in that area while protecting a site of national security importance.
I think that it would be helpful to provide some background to members on why we are seeking Parliament’s approval for the supplementary LCM at such short notice. On 9 October, the Scottish Parliament approved the LCM for the Planning and Infrastructure Bill, but the recent amendment to which I have referred was tabled at report stage in the House of Lords on 13 October, with the text of the amendment having been shared with the Scottish Government only on 1 October. That is why the parliamentary debate has been held with such little notice. The situation was outwith my control.
I want to address up front the fact that the amendment would enable the secretary of state to make changes to planning law in Scotland, thereby encroaching on an area of devolved legislative competence. The new clause does not give the Scottish ministers any formal role in agreeing to the secondary legislation. I have written to the UK Government ministers to express my disappointment and concern about the way in which the UK Government has pressed ahead at the pace that it has done, which has not allowed for consideration of alternative approaches to safeguarding the array that respect and protect devolved responsibilities.
I asked for a further amendment to be made to the clause during the third reading of the bill in the House of Lords to require Scottish ministers to provide consent to any secondary legislation, but that has not been implemented. I am disappointed with that outcome. As everyone knows, I want Governments to work together to achieve decarbonisation, but devolution must be respected if that is to be continued.
It has been the long-standing objective of the Scottish Government to resolve the barriers to development in the area of the array, and we have been working with the UK Government and the onshore wind industry to develop a new policy approach to the deployment of onshore wind in the area of the Eskdalemuir array. To be absolutely clear, any project that is considered under the new approach will continue to be subject to all relevant and applicable considerations under the Electricity Act 1989, national planning policy and Scottish planning legislation.
The amendment would achieve something that we have been working towards for a long time. I have considered the scope of the amendment and, although it has an impact on our planning and consenting responsibilities, it is very focused and specific, and only in respect of that small geographic area. I am therefore content that the amendment is required to unlock progress with developing the new policy approach.
The UK Government has emphasised to me its commitment to working collaboratively to finalise the regulations, which will include setting a seismic impact limit on developments and confirming the geographical scope of the policy, which is expected to remain as 50km from the array.
The UK Government has committed to entering into a memorandum of understanding on the ways of working and how Scottish ministers will be engaged in the process of developing the regulations. The Scottish and UK Governments intend to consult jointly on the new policy approach proposals as soon as possible, with the aim of publishing the consultation by the end of 2025. That consultation will seek views from a wide range of stakeholders, including communities, public bodies and the onshore wind industry, so that all voices can be heard.
In seeking the Parliament’s consent for the motion, I make it clear that the amendment does not represent a precedent for other parts of the Scottish planning system, which remain wholly devolved and within the legislative competence of the Scottish Parliament. I have written to the UK Government ministers to make that point clear.
On the basis of the undertakings that were provided to me by the UK Government about our future working relationship and the limited scope of the amendment, I ask that Parliament approves the motion for legislative consent in relation to the aforementioned clause in the Planning and Infrastructure Bill.
I move,
That the Parliament agrees that the relevant provisions of the Planning and Infrastructure Bill, introduced in the House of Commons on 11 March 2025, and subsequently amended, relating to a new clause on wind generation stations that may affect seismic array systems, inserted after clause 28, so far as these matters fall within the legislative competence of the Scottish Parliament and alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.
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