Committee
Net Zero, Energy and Transport Committee 10 February 2026 [Draft]
10 Feb 2026 · S6 · Net Zero, Energy and Transport Committee
Item of business
Subordinate Legislation
REACH (Amendment) (No 2) Regulations 2026
Dan Merckel
Watch on SPTV
I will add to what the cabinet secretary said. It is just really complicated, even for things that should be easy to monitor, such as REACH restrictions, which we have talked about in previous sessions. We have progressed two of those restrictions, whereas the EU has progressed 13. Even with those two, there are necessary differences from what the EU has done. Therefore, even with something that should be easy to track, it is not straightforward.In the case of the HSE instrument, to date, we have deviated on about 10 per cent of the EU classification and labelling outcomes. That is because, in the current system, the HSE forms its own opinion on the same data that the EU has used to get to its classification. Most of the time, we agree, but not always. The new fast-track system that we are putting in place should get rid of that deviation when we have straightforward, fairly simple cases.
In the same item of business
08:41
The Convener
Con
Our second item is an evidence session on two consent notifications relating to proposed United Kingdom statutory instruments: the Chemicals (Health and Safe...
The Cabinet Secretary for Climate Action and Energy (Gillian Martin)
SNP
Thank you, convener, for inviting me to give evidence on the two UK statutory instruments.Chemicals safety regulation, which the UK has inherited from the Eu...
The Convener
Con
Thank you very much, cabinet secretary. I have just a quick question. As you have said, we have looked at the REACH regulation before, and now we are looking...
Gillian Martin
SNP
My officials will be able to instruct you on what reassurances we have had from the UK Government on this. With regard to the second amending instrument that...
The Convener
Con
Thank you for your reassurance, but you did not quite get to the point of saying whether there will be another amending instrument on top of this. You said t...
Gillian Martin
SNP
When it comes down to it, it is an issue for the UK Government, but if my officials have any intelligence on what it has said about things coming back, they ...
Dan Merckel (Scottish Government)
We are confident that this will not come back again. From our point of view, it would be unacceptable if it did, given that it took the EU just under a decad...
The Convener
Con
That might be of some comfort to my successor, whoever that may be.Mark, I think that you have some questions.
Mark Ruskell (Mid Scotland and Fife) (Green)
Green
I am interested in finding out where we are with divergence from EU standards. How are you monitoring that? What are the main areas where we are starting to ...
Gillian Martin
SNP
The extension means that we will not have a comparable database until a year later, so in this transitional phase, we will continue to rely on conditions tha...
Dan Merckel
I will add to what the cabinet secretary said. It is just really complicated, even for things that should be easy to monitor, such as REACH restrictions, whi...
Mark Ruskell
Green
One of the areas of deviation is hazard classes. This is complicated, but let me break it down into something that is quite simple to understand. Endocrine d...
Gillian Martin
SNP
The HSE’s view is that hazard classes should be adopted at UN level before they are implemented domestically. It has told us that it has identified some prob...
Mark Ruskell
Green
The convener has already raised the fact that amendments to the REACH regulations have been back to the Parliament twice. Is that an indication to you that t...
Gillian Martin
SNP
It is fair to say that the HSE has not been publishing as much information on this as we would all like. My officials and I have certainly had conversations ...
Mark Ruskell
Green
Are you saying that, if we give it another couple of years, it will be fixed? Is the HSE telling you, “It’s fine; we’ve got it under control”? The industry d...
Gillian Martin
SNP
The HSE is saying—my officials can correct me if I am wrong—that it needs more time to bottom out all the work that is associated with creating a new REACH s...
Mark Ruskell
Green
Which is what the HSE has been saying since 2018.
Gillian Martin
SNP
Yes, which is unsurprising, given the task that it has had to undertake because of EU exit.
Mark Ruskell
Green
I want to move on briefly. There is a lot of focus here on HSE. I am seeing a regulator that is also a policy maker. I am seeing increasing responsibilities....
Gillian Martin
SNP
You are perhaps referring to the notifications that have to go to ministers. I can address that. We would not have agreed to that if we thought that there wo...
Mark Ruskell
Green
You are obviously content—you are moving the motions on the SIs today—with everything that the HSE is doing.
Gillian Martin
SNP
Yes, I am.
Mark Ruskell
Green
Finally, on transparency with the HSE, I note that the committee has not had a copy of the consultation summary and responses in relation to the CLP regulati...
Gillian Martin
SNP
We have had all the information that we need. You are right that the HSE has not published the consultation responses. We have been going via DEFRA to get al...
Mark Ruskell
Green
Sorry—I am a bit confused as to who is leading on this. Is it DEFRA or is it the HSE?
Gillian Martin
SNP
The publication has been delayed. We have been assured that it is imminent and that it will happen before the statutory instrument is laid. My officials have...
Mark Ruskell
Green
Okay, but the committee cannot see it.
Gillian Martin
SNP
If the HSE has not shared it with the committee and the committee has asked for it, the committee may want to take that up with the HSE.