Chamber and committees

UK Environment Bill – Supplementary Legislative Consent Memorandum

Letter from the Cabinet Secretary for Net Zero, Energy and Transport to the Convener, 22 September 2021

Dear Convenor,

Thank you for your letter of 10 September 2021, regarding the Delegated Powers and Law Reform (“DPLR”) Committee’s consideration of the delegated powers in the amendments to the UK Environment Bill described in the Supplementary Legislative Consent Memorandum (“LCM”) lodged by the Scottish Government with the Scottish Parliament on 9 July.

You advised that the Committee acknowledged the differing views between the UK and Scottish Government as to whether the delegated powers in provisions Clause 117 and Schedule 17 (as amended at Committee in the House of Lords), which propose to introduce a new due diligence regime for forest risk commodities, are within the legislative competence of the Scottish Parliament. You reported that the Committee agreed to highlight points of principle relating to the exercise of delegated powers conferred solely on UK Ministers which may exercisable within devolved competence. As you will be aware from the supplementary LCM, the Scottish Government is of the view that these amendments do confer powers within devolved competence.

The Net Zero, Energy and Transport Committee considered the Supplementary LCM at its meeting of 14 September and a Parliamentary debate is scheduled for 5 October.

I am copying this letter to the Convenors of the Net Zero, Energy and Transport Committee and the Constitution, Europe and External Affairs Committee.

Yours Sincerely, Michael Matheson