Meeting of the Parliament 04 March 2026 [Draft]
I am grateful for the opportunity to speak to the draft Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, which have a critical role to play in supporting Scotland’s net zero ambitions and the Scottish economy. The regulations have been developed under powers that are set out in the Energy Act 2023, which was introduced by the previous United Kingdom Conservative Government to support delivery of offshore wind across the UK.
Under the current habitats regulations, projects that affect protected sites must secure compensatory measures that are targeted specifically at the impacted habitat or species. In practice, only a limited range of measures can be evidenced to that standard. That creates a significant constraint for offshore wind development and puts Scotland’s climate and energy security ambitions at risk. The SSI that is before us is designed to introduce a more flexible approach to such compensation, but with strong safeguards. The core habitats regulations assessments remain in place, new environmental safeguards will be put in place and projects that could have adverse effects must still secure robust compensatory measures.
The SSI will enable compensatory measures that support the wider UK marine protected area network, not just the impacted feature. Additional safeguards include the establishment of a compensation hierarchy that will prioritise like-for-like measures, as well as enabling wider alternatives, when they are appropriate and offer enhanced ecological benefits. The Scottish ministers will publish guidance on how to apply the legislation and the hierarchy, and it will review both regularly to ensure that the framework remains robust—