Committee
Net Zero, Energy and Transport Committee 17 March 2026 [Draft]
17 Mar 2026 · S6 · Net Zero, Energy and Transport Committee
Item of business
Subordinate Legislation
Marine Licensing (Miscellaneous Amendment) (Scotland) Order 2026 [Draft]
I would, convener. Good morning to the committee.The Scottish Government is committed to meeting the obligations under the biodiversity beyond national jurisdiction agreement. As the committee will be aware through the legislative consent process for the United Kingdom’s Biodiversity Beyond National Jurisdiction Act 2026, the BBNJ agreement aims to conserve and sustainably use marine biodiversity in the areas beyond national jurisdiction and plays a role in supporting the delivery of global biodiversity and climate goals. Ensuring environmental impact assessments of the effects of planned activities that might cause substantial pollution of, or significant and harmful changes to, the marine environment is a key pillar of that agreement.The Scottish statutory instrument supports the implementation of those EIA requirements in a way that accords with devolved legislative competence to control matters of the marine environment“in and as regards Scotland”.It extends the Marine (Scotland) Act 2010’s licensing regime to activities carried out by Scottish persons in areas beyond national jurisdiction and works alongside changes made to Scottish EIA regulations by the 2026 act. It also extends current exemptions so that they have effect in that area and introduces new exemptions both for activity that does not meet the BBNJ’s EIA threshold and for most cabling activity.The SSI also updates a previous division of licensing responsibility between the UK and Scottish ministers to better reflect the devolved position by amending an exemption for activity in the high seas, involving loading in Scotland or the Scottish marine area when the vessels or aircraft are British registered.The Scottish Government and the Department for Environment, Food and Rural Affairs consulted on the approaches, and feedback has been used to shape the proposals. Officials have worked closely together to ensure that approaches align and that they are clear to users.The SSI ensures that the Parliament introduces Scottish controls for Scottish actors. If we did not introduce the SSI, the UK Government would introduce controls on all such activities, irrespective of whether there is a Scottish aspect. The UK Government will introduce equivalent controls for UK persons and proposes to exempt those activities newly introduced by our SSI, thereby avoiding double regulation.In order for the United Kingdom to participate in the first meeting of the conference of parties, which is the decision-making forum under the BBNJ agreement, it must join that agreement in time. The SSI, together with the EIA changes under the 2026 act, will provide the framework for meeting the BBNJ EIA requirements in a proportionate way that honours devolution and enables the UK to join the agreement, to which the UK is already a signatory, ahead of the first conference of parties, which will take place later this year.Although the SSI has been developed and introduced in a very short period of time due to compounding factors, we are confident that it will honour devolution, that it will provide proportionate regulation of activities in the areas beyond national jurisdiction and that it will meet the EIA requirements under the BBNJ agreement.I am happy to answer any questions that the committee has.
In the same item of business
09:06
The Convener
Con
Item 2 is consideration of a draft statutory instrument, on which the Delegated Powers and Law Reform Committee has made no comment. I welcome Mairi Gougeon,...
The Cabinet Secretary for Rural Affairs, Land Reform and Islands (Mairi Gougeon)
SNP
I would, convener. Good morning to the committee.The Scottish Government is committed to meeting the obligations under the biodiversity beyond national juris...
The Convener
Con
I will ask a very simple question. The instrument talks about “Scottish persons” and the responsibilities of the Scottish Government. What does it mean for p...
Mairi Gougeon
SNP
It is important to point out that we still have to get to grips with what the activity in the high seas might look like. The SSI is about putting in place a ...
The Convener
Con
My concern, since we first heard about the instrument, has been that, in order to make it work, we will have to enforce it. That will mean taking responsibil...
Mairi Gougeon
SNP
If they were Scottish persons and we were providing the marine licence for them in that area, it would fall to us, as the licensing authority, to monitor tha...
The Convener
Con
I was looking for a simple answer, and I think that the answer that you have given me is yes.
Mairi Gougeon
SNP
Yes, it is.
The Convener
Con
Thank you.
Mairi Gougeon
SNP
I got there in the end.
Mark Ruskell (Mid Scotland and Fife) (Green)
Green
Looking at the detail, I can see that the instrument seems to be about controlling the dumping of stuff—the deposit of substances and objects, the scuttling ...
Mairi Gougeon
SNP
Again, this SSI on marine licensing does not apply to and is not relevant to fisheries. It is important to note that, where exemptions exist for key sectors,...
Dr Joanna Dingwall (Scottish Government)
As the cabinet secretary has outlined, between Scottish ministers’ licensing and the marine management organisation, we already have a robust marine licensin...
Mark Ruskell
Green
Would the existing licensing regime cover the pelagic sector in international waters, or is that a gap?
Mairi Gougeon
SNP
It is not a gap, because the fishing activity is already governed by other licences and regulations.
Mark Ruskell
Green
Is that regardless of where the fishing takes place?
Mairi Gougeon
SNP
Regardless of where the fishing takes place.
Mark Ruskell
Green
Okay, so that is not a gap.
Douglas Lumsden (North East Scotland) (Con)
Con
Cabinet secretary, you said that fisheries are not part of the SSI. I am thinking about whether some of the licensing activities would have any impact on fis...
Mairi Gougeon
SNP
No, and the Scottish Fishermen’s Federation did not raise any issues with us, and I think that it was approached for comment about the SSI.
Douglas Lumsden
Con
So, it was asked.
Mairi Gougeon
SNP
Yes, but it had no further comments to make about it.
Douglas Lumsden
Con
Thank you.
The Convener
Con
As there are no more questions, we will move on to agenda item 3, which is a debate on motion S6M-20874.There are no contributions from members. Cabinet secr...
Mairi Gougeon
SNP
I have no further comments.Motion moved,That the Net Zero, Energy and Transport Committee recommends that the Marine Licensing (Miscellaneous Amendment) (Sco...
The Convener
Con
Do committee members agree to delegate authority to me, as convener, to approve a draft of the report for publication?Members indicated agreement.
The Convener
Con
Before you disappear, cabinet secretary, you have engaged with the committee quite heavily over the past few years on land reform and various other matters. ...
Mairi Gougeon
SNP
That is not strictly true, but I will reciprocate. Thank you, convener, and the rest of the committee. I have predominantly appeared in front of the Rural Af...
The Convener
Con
Thank you, cabinet secretary. As you have had the last word, we will briefly suspend the meeting before we move on to the next item of business.09:18Meeting ...