Meeting of the Parliament 16 April 2024
I am pleased to speak in this debate as convener of the Net Zero, Energy and Transport Committee. I draw members’ attention to the committee’s report on the bill.
The Net Zero, Energy and Transport Committee recognises the need for the bill to provide regulation in relation to innovative technology use, which may be expected to increase. It also recognises that the bill is the result of four years of careful joint work by the Scottish Law Commission and the Law Commission of England and Wales, alongside other consultation and policy development. Unfortunately, there was very limited time for the committee’s scrutiny, but I would like to highlight the key points that arose during our consideration.
The committee’s consideration related principally to clause 50 of the bill. There is a dispute about that between the Scottish Government and the UK Government. The clause gives a power to the secretary of state to clarify the application of legislation to the user in charge of an automated vehicle. As I understand it, the dispute between the Governments centres on whether the provision is reserved or devolved. As we have heard from the minister, the Scottish Government’s objection to that clause is that the power can be exercised in devolved areas without the UK Government having to seek the consent of the Scottish ministers and without its having to consult them. The UK Government considers that a requirement to seek consent or to consult would be unnecessary, as the provision relates to a reserved matter.
The committee is in no position to adjudicate disputes on the dividing line between devolved and reserved competence. However, we noted in our report our disappointment that both Governments could not reach a solution on the matter that satisfied everyone. It appears that there is little dispute in relation to the policy behind the bill. It is therefore unfortunate that, even though that is the case, the Governments have been unable to reach agreement.
As I have said, the committee cannot determine whether or not clause 50 relates to devolved matters. However, we agree in principle with the Delegated Powers and Law Reform Committee’s recommendation that the Scottish Parliament should have an opportunity to effectively scrutinise the exercise of all legislative powers within devolved competence.
The committee explored the Scottish Government’s specific concerns about the potential use of clause 50. Those concerns relate to the potential for the creation of a two-tier approach to driving offences, with one set of rules applied to conventional vehicles and one set of rules applied to autonomous vehicles. The committee understands that the Scottish Government has concerns that that could potentially complicate the law on road offences in a way that might not have been intended.