Draft Scotland Act 1998 (transfer of functions to the scottish ministers etc.) Order 2019

Paul Sweeney Excerpts

Wednesday 27th March 2019 General Committees

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I apologise for my tardiness—I know that I was ably substituted by my hon. Friend the Member for Edinburgh South in the interim. It is wonderful to speak in a Delegated Legislation Committee and not be talking about Brexit, which is a novelty—I am sure it will not last more than a couple of hours. Given the number of statutory instruments relating to Brexit, I am sure that hon. Members are as pleased about that as I am.

The order amends previous legislation with respect to the Scottish part of the renewable energy zone. It is designed to correct amendments made to the Electricity Act 1989 by article 4 of the order. According to the explanatory memorandum, there was an “oversight” in the 2015 order, because its definition of “relevant waters” did not include the Scottish part of the REZ. This new order corrects that oversight and ensures that the same appeals mechanism applies whether there is a challenge against a decision of Scottish Ministers or an application for a marine licence in relation to an energy generating station development to be situated in Scottish internal waters, territorial sea or the Scottish part of the REZ.

The order confirms that Scottish Ministers have certain functions concurrent with those of a Minister of the Crown relating to the assessment of environmental effects under the EIA directive in respect of the Scottish part of the REZ. This ensures that the UK meets its obligations to transpose fully this directive.

It is important to draw the Committee’s attention to the fact that the order has been laid alongside the Regulatory Reform (Scotland) Act (Consequential Modifications) Order 2019, which amends the Electricity Act 1989—passed in the same year I was born, incidentally—by extending the statutory appeals procedure for consent applications made under section 36 of the 1989 Act to apply where the infrastructure is situated in the Scottish part of the REZ. This ensures alignment with section 36 applications in Scottish internal waters and the territorial sea adjacent to Scotland, and with other applications in relation to such infrastructure. I believe that we were scheduled to debate that in the Chamber later today, although that might now have changed due to the ever-changing business of the House and subsequent important votes later.

The provisions made under section 30(3) of the Scotland Act 1998—regarding the making of EIA regulations in connection with applications for consent under section 36 of the Electricity Act 1989 for the construction, extension and operation of generating stations in the Scottish part of the REZ—will be treated as being functions exercisable in or as regards Scotland.

I will not detain hon. Members any longer. This is a straightforward, technical clarification and, as such, the Labour party will not oppose it.