Committee
Net Zero, Energy and Transport Committee 17 February 2026 [Draft]
17 Feb 2026 · S6 · Net Zero, Energy and Transport Committee
Item of business
Subordinate Legislation
Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026 [Draft]
What you have highlighted is extremely important. Some of the ENGOs might be reticent about the regulations, but they have to be in the room, along with all the stakeholders that are associated with the marine environment. One major advantage of that is that the ENGOs and the associated scientific community will be able to work with us on the compensatory measures.At the moment, the hierarchy is a proposal. We have not bottomed out all the actions that might be in the hierarchy, but the actions that are associated with all tiers of the hierarchy will be done in consultation with all stakeholders. Where there is an ability in the future to redevelop the hierarchy—the instrument will be reviewed every five years—we will be able to constantly analyse how the compensatory measures are working and whether we can do anything more. We might be able to add additional actions to certain tiers of the hierarchy. Given that there will be a marine recovery fund, the chances are that there will be an awful lot more funding associated with doing some of the bigger interventions. Every stakeholder that is associated with the marine environment needs to be around the table, because we cannot go forward without all that expertise.
In the same item of business
The Convener
Con
Welcome back. Item 6 on the agenda is consideration of a further draft Scottish statutory instrument, on which the Delegated Powers and Law Reform Committee ...
The Cabinet Secretary for Climate Action and Energy (Gillian Martin)
SNP
Thank you for the opportunity to speak to the instrument. I will try to be as brief as possible. Under the current habitats regulations, projects that affect...
The Convener
Con
The deputy convener has the first question.
Michael Matheson
SNP
Good afternoon, cabinet secretary. The instrument is an important step, given the challenges that the previous regulations have posed for the development of ...
Gillian Martin
SNP
In practice, the governance associated with the process is still the normal consent process, which is about the habitats regulations and the compensatory par...
Michael Matheson
SNP
The hierarchy is helpful in trying to understand part of the process. Outwith the direct project, who will decide what the mitigations to offset the habitats...
Gillian Martin
SNP
You are right that the developers will put forward their own plans. However, their own plans might not be sufficient, or they might discover, as they are wor...
Joel Hankinson (Scottish Government)
There will still be two alternative ways in which strategic compensation or compensatory measures could be brought forward under the new regime. The ability ...
Gillian Martin
SNP
I add that there will also be analysis of the impact of the compensatory measures. The committee will be very familiar with the Scottish marine energy resear...
Michael Matheson
SNP
There are only so many mitigation measures that can be put in place, so there will be only so much mitigation that can be done. Given the Scottish Government...
Gillian Martin
SNP
Biodiversity loss is happening across many parts of the food chain, particularly those associated with seabirds. As data improves and science develops, I ima...
The Convener
Con
I am sure that I do not need to remind everyone about the time. The clock is not stopping for me—it never has done—and time is marching on. The next question...
Mark Ruskell
Green
I think that the deputy convener has covered some of the areas that I wanted to go into, and I listened to the responses.I have only one question. I noticed ...
Gillian Martin
SNP
What you have highlighted is extremely important. Some of the ENGOs might be reticent about the regulations, but they have to be in the room, along with all ...
Joel Hankinson
To expand on that, we are in the process of drafting the guidance that will underpin the instrument and we have committed to engaging with ENGOs and other st...
The Convener
Con
Monica, you have a chance to ask another question, later. Are you happy to take that opportunity, or do you want to come in now?
Monica Lennon
Lab
I will wait.
The Convener
Con
Perfect. Douglas, you have a question.
Douglas Lumsden
Con
It is only brief. The Scottish Government policy note says:“The policy is anticipated to have a negative impact on fisheries.”When I talk to people in the fi...
Gillian Martin
SNP
All the conditions that are associated with compensation from the developer will go in to MDLOT at the Scottish Government. To be honest, I cannot see a situ...
Douglas Lumsden
Con
What, then, is the negative impact that you anticipate that your policy will have on fisheries?
Gillian Martin
SNP
The policy note is highlighting that there is that potential. We will work to avoid that as much as possible so that all marine industries can co-exist. All ...
The Convener
Con
I think that that has also answered my question. I am not sure whether your question on coastal communities has been answered, Monica, or whether you want to...
Monica Lennon
Lab
That has been covered. I am mindful of the time, so could I get just a word or two about the role of NatureScot? We heard from it earlier. Given the new gove...
Gillian Martin
SNP
I was not able to see NatureScot’s part of the meeting but I hope that it was able to give you comfort that it is preparing for this work and that it sees it...
Joel Hankinson
To expand on that, statutory nature conservation bodies across the UK, including NatureScot, have been closely involved in the development of the policy and ...
Monica Lennon
Lab
That is helpful.
The Convener
Con
I am sure that the cabinet secretary will want to review the evidence that we heard from NatureScot this morning and be convinced that it is ready for the po...
Mark Ruskell
Green
I am fine.
The Convener
Con
No member has indicated that they have any other questions, so we move to item 7, which is a debate on motion S6M-20459.Motion moved,That the Net Zero, Energ...