Chamber and committees

Sorry, convener—I have one final, final question.

Prior to the 2017 regulations.

I do, convener.

Good morning, everyone. I promise that there are questions for the other witnesses, too, but I will stick with Robert Black for the moment. I should say that I am conscious that we are not running an interview process here, Mr Black. This is an opportunity for you to put some stuff on the public record in the Parliament, as part of our role in this area.

What do you consider to be the key objectives and priorities for the post that you are possibly about to take on, and what will the key challenges be? I know that that sounds very much like an interview question.

Yes.

Pre-2017, we implemented decisions made at a European level. We did not make our own decisions.

There is an EU principle, and we build our framework for compliance around that.

Okay. The policy intent, then, is by and large to stay compliant with those regulations but to take the power to amend them as appropriate to changing circumstances. Have I got that right, Deputy First Minister?

And my understanding is that there would be no lowering of the bar in relation to those consultation requirements, because we are sticking with the 2017 requirements, as previously outlined.

My only other question is about the concurrent operation of powers. It is quite reasonable for the Scottish Government to wait and see how environmental outcomes reports and regulations work in practice, and then decide whether to endure with environmental impact assessments for the longer term or to see whether there is better practice elsewhere and adopt that. However, the key point would be that the Scottish ministers would be in control of that decision. Would that be correct, Deputy First Minister?

I will just make the point that this can be quite simplistic when the legalese is taken out of it, so I appreciate the answers.

Is it possible that the UK Government could pivot to environmental outcomes reports, which then became requirements on the Scottish consenting regime, as would environmental impact assessments? Is it possible that the Scottish regime could have two sets of standards that developers would have to comply with? That would concern some developers.

I apologise, Deputy First Minister, as I think that we are scrutinising the hinterland of this order rather than its core, but it is important that the committee understands how it fits in.

My understanding is that the order deals with environmental considerations in the consenting of electricity generation and infrastructure and the requirements around that. You said that the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 allowed the Scottish Government to adapt and change that as appropriate. What happened before that?