Hansard

The matter before us today is a legislative consent motion on the United Kingdom Environment Bill. Members cannot be expected to have followed every detail of the bill, so I will give a very brief summary of the position so far.

The bill was introduced in the UK House of Commons in January. In part, it is the UK Government’s response to the loss of the European Union’s institutional arrangements for environmental policy. We have our own separate approach to those issues, as I set out two weeks ago in the stage 1 debate on the UK Withdrawal from the European Union (Continuity) (Scotland) Bill. I think that many aspects of the UK Government’s approach to those matters are misguided. Its approach in the bill to non-regression is a poorly conceived measure that is also weak in execution, in contrast with our proposals on future alignment in the continuity bill. However, those provisions concern only reserved matters, so they do not require legislative consent.

The UK Environment Bill also includes provisions across a range of environmental regimes. Some of those provisions do not extend to Scotland. In other areas, we have worked with the UK Government to provide powers so that UK regulations may extend to Scotland in devolved competence, subject to the consent of the Scottish ministers. I should make it clear that provision for consent was not something that the UK Government was always keen to give up, but I was determined to secure it in every case.

The consent that is given by the Scottish ministers will be subject to the scrutiny of the Scottish Parliament via a protocol about which I will say a bit more later. The provisions cover aspects of environmental regulation for water, air quality, chemicals and waste, and resources. It is those provisions that require legislative consent.

We are not giving up any devolved competence or powers through this legislative consent motion—that would be unacceptable. Any UK regulation that is made under the bill and extends to Scotland in devolved competence must receive the consent of the Scottish ministers and will be scrutinised by the Scottish Parliament. This legislative consent motion is only about agreeing to a framework for future decisions on regulations; no power is being given away, and the Scottish Parliament’s legislative competence will be the same after the bill is passed.

The Environment Bill had reached committee stage in the UK Parliament in March, at which time progress was suspended because of the Covid-19 crisis. In recent weeks, the committee stage has recommenced, and the bill is expected to complete its progress through the House of Commons this year. The Scottish Government lodged a legislative consent memorandum on the bill in May. The Scottish Parliament’s Environment, Climate Change and Land Reform Committee reported on that LCM in June, stating that it was

“unable to make a recommendation”

on whether legislative consent should be granted.

I responded to the ECCLR Committee’s report in September. After consideration, members of that committee asked for a debate and they will speak today.

I understand that there is a hesitancy about putting our environmental standards into UK regulations. It has become clear that our attitude to future standards is far apart from that of the UK Government. However, I reassure members that my priority remains maintaining or enhancing our environmental standards. I have made it clear that we should align with future developments in EU standards wherever possible.

I am proud of our environmental record in Scotland and of our commitment to respond to the twin global crises of climate change and biodiversity. Our natural world supports our wellbeing and our reputation as a nation. Natural resources contribute to our society and economy in countless ways, and we must protect those precious assets.

As I set out in my response to the ECCLR Committee’s report, I believe that there can be good practical and pragmatic reasons for seeking to advance our environmental standards through UK regulations. In particular, there can be significant reductions in regulatory burdens through the use of such regulations. In addition, they can be an effective way of dealing with cross-border issues and with complex interactions of devolved and reserved powers. However, I am not advocating handing over control of our standards to the UK Government. Crucially, all the regulation-making powers being given to UK ministers that cover Scotland in devolved competence are subject to consent by the Scottish ministers.

I also appreciate that there are legitimate concerns that the process could be seen to threaten the Scottish Parliament’s legitimate role in determining environmental law and standards in Scotland. Members will be aware that the new protocol governing the Parliament’s scrutiny of the Scottish ministers’ decisions to consent to UK statutory instruments affecting devolved matters is nearing final agreement. That will ensure that the Parliament is able to scrutinise ministers’ decisions to consent to regulations such as those made under the bill. The protocol sets out proportionate measures so that the Parliament can focus on key instruments. In particular, the protocol sets out provision for early engagement with the Parliament where a significant policy development might lead to the use of UK regulation-making powers. I reassure members that any proposals for significant new or reformed regulatory regimes under the bill would be subject to wide consultation, including discussion with the successor to the current committee.

The Environment Bill will allow UK regulations to be made in devolved matters with the consent of the Scottish ministers, and with scrutiny by the Scottish Parliament in four areas where that is more effective or efficient than specific Scottish regulations. That will not impinge on devolved competence, and the new protocol will ensure appropriate scrutiny by the Scottish Parliament.

I move,

That the Parliament agrees that the relevant provisions of the Environment Bill, introduced in the House of Commons on 30 January 2020, relating to producer responsibility and associated charging schemes, resource efficiency, electronic waste tracking, review of the UK air quality strategy, water quality priority substances, arrangements for Solway Tweed River Basin District and Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.