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ENVIRONMENT, CLIMATE CHANGE AND LAND REFORM COMMITTEE

AGENDA

5th Meeting, 2016 (Session 5)

Tuesday 20 September 2016 The Committee will meet at 10.00 am in the Robert Burns Room (CR1). 1. Decision on taking business in private: The Committee will decide whether

to take items 7, 8, 9 and 10 in private. 2. Scotland's greenhouse gas emissions targets: The Committee will take

evidence from—

Andy Kerr, Executive Director, Edinburgh Centre for Carbon Innovation (ECCI), University of Edinburgh; Robin Parker, Public Affairs Manager, WWF Scotland; Sue Roaf, Professor, School of the Built Environment, Heriot Watt University; Richard Dixon, Director, Friends of the Earth Scotland; Robin Matthews, Natural Assets Theme Leader and ClimateXChange Coordinator, James Hutton Institute; Tom Rye, Director of TRI and Professor of Transport Policy, Transport Research Institute, Napier University.

3. Subordinate legislation: The Committee will take evidence on the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Crown Estate Scotland (Interim Management) as Specified Authority) Order 2016 [draft] from—

Roseanna Cunningham, Cabinet Secretary for Environment, Climate Change and Land Reform, and David Mallon, Head of Crown Estate Strategy Unit, Marine Scotland, Scottish Government; Douglas Kerr, Solicitor, Scottish Government Legal Directorate.

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4. Subordinate legislation: Roseanna Cunningham (Cabinet Secretary for

Environment, Climate Change and Land Reform) to move—

S5M-01328—That the Environment, Climate Change and Land Reform Committee recommends that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Crown Estate Scotland (Interim Management) as Specified Authority) Order 2016 [draft] be approved.

5. Subordinate legislation: The Committee will consider the following negative

instruments—

Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016 (SSI 2016/251)

6. Appointment of EU Reporter: The Committee will appoint a Member to serve as EU Reporter.

7. The draft Climate Change Plan (RPP3): The Committee will consider its

approach to consideration of the draft Climate Change Plan (RPP3). 8. Draft Budget Scrutiny 2017-18: The Committee will consider its approach to

the scrutiny of the Scottish Government's Draft Budget 2017-18. 9. Appointment of Scottish Land Commissioners and the Tenant Farming

Commissioner: The Committee will consider its approach to engaging with the appointment of the Scottish Land Commissioners and the Scottish Tenant Farming Commissioner.

10. Crown Estate in Scotland: The Committee will consider a draft letter to the

Crown Estate.

Lynn Tullis Clerk to the Environment, Climate Change and Land Reform Committee

Room T3.40 The Scottish Parliament

Edinburgh Tel: 0131 348 5240

Email: ecclr.committee@parliament.scot.

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The papers for this meeting are as follows— Agenda item 2

Scotland’s greenhouse gas emissions targets cover note

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PRIVATE PAPER

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Agenda items 3 and 4

Affirmative Instrument cover note

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Agenda item 5

Negative Instrument cover note

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Agenda item 6

Appointment of an EU Reporter

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Agenda item 7

PRIVATE PAPER

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Agenda item 8

PRIVATE PAPER

ECCLR/S5/16/5/7 (P)

Agenda item 9

PRIVATE PAPER

ECCLR/S5/16/5/8 (P)

Agenda item 10

PRIVATE PAPER

ECCLR/S5/16/5/9 (P)

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Environment, Climate Change and Land Reform Committee

5th Meeting, 2016 (Session 5)

Tuesday 20 September 2016

Scotland’s progress towards meeting its climate change targets

Scotland and Climate Change

1. The Climate Change (Scotland) Act 2009 set a framework by which Scotland would cut greenhouse gas emissions and established the following targets:

Interim target of 42% reduction (from 1990 levels) by 20201

80% reduction (from 1990 levels) by 2050

2. Annual targets are also set for the period 2010 – 2050 and the Act requires the Scottish Government to take advice on these targets. This advice is currently provided by the CCC which also reports annually on Scotland’s progress towards meeting these targets. The most recent report was published on 13 September 2016.

3. On 15 March 2016 the CCC published its advice2 on Scottish emissions targets from 2028–2032 and on 13 June 2016 the Scottish Government published Scottish Greenhouse Gas Emissions 20143. While the reports published in the previous four years demonstrated the targets had been missed4, the 2014 publication showed a 45.8% reduction compared with baseline emissions had been achieved. The Scottish Government responded5 by requesting updated advice from the Committee on Climate Change to assist with the setting of targets. The Committee on Climate Change provided advice in its subsequent response6 and the resulting subordinate legislation will be considered by the Committee before the end of October 2016.

4. The instruments are:

Draft SSI: The Climate Change (Annual Targets) (Scotland) Order 2016

Draft SSI: The Climate Change (Limit on Use of Carbon Units) (Scotland) Order 2016.

1 On 25 May 2016, the First Minister confirmed legislation will be introduced to increase this target to

reflect ambitions developed at the United Nations Framework Convention on Climate Change 21st session of the Conference of the Parties (COP21) in October 2015. The Cabinet Secretary for Environment, Climate Change and Land Reform has written to the Committee on Climate Change seeking renewed advice on the 2020 interim target. 2 Committee on Climate Change, Scottish emissions targets 2028 – 2032, 15 March 2016

3 Scottish Government, Scottish Greenhouse Gas Emissions 2014

4 Further information on the history of the targets, including the reasons the Scottish Government has

suggested for not meeting annual targets so far, can be found in the SPICe briefing Climate Change: Subject Profile, May 2016 5 Cabinet Secretary for Environment, Climate Change and Land Reform, Letter to the Chief Executive

of the Committee on Climate Change, 24 June 2016 6 Matthew Bell, Chief Executive, Committee on Climate Change, Letter to the Cabinet Secretary for

Environment, Climate Change and Land Reform, 6 July 2016.

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5. A statement on the proposed annual targets was published on the same date.

6. The Scottish Government has produced a briefing on this subordinate legislation which has been provided at Annexe A.

Environment, Climate Change and Land Reform Committee consideration

7. At its meeting on 28 June 20167, the Environment, Climate Change and Land Reform (ECCLR) Committee agreed to host a series of evidence sessions to consider Scotland’s greenhouse gas emissions targets. The first session8 heard evidence from the Chair of the Committee on Climate Change (CCC), Lord Deben, and its Chief Executive, Matthew Bell. This coincided with the CCC’s publication of its annual Scotland progress report9.

8. At its second session, the Committee will hear from the following academics and stakeholders:

Andy Kerr, Executive Director, Edinburgh Centre for Carbon Innovation (ECCI), University of Edinburgh;

Robin Parker, Public Affairs Manager, WWF Scotland;

Sue Roaf, Professor, School of the Built Environment, Heriot Watt University;

Richard Dixon, Director, Friends of the Earth Scotland;

Robin Matthews, Natural Assets Theme Leader and ClimateXChange Coordinator, James Hutton Institute; and

Tom Rye, Director of TRI and Professor of Transport Policy, Transport Research Institute, Napier University.

9. In advance of this session, written evidence has been received from WWF Scotland and Friends of the Earth Scotland. This can be found at Annexe B.

Future work 10. Over the following 3 meetings, the Committee will also take evidence from:

27 September The Committee on Climate Change Adaptation Sub-Committee report on the Scottish Climate Change Adaptation Programme

4 October A range of stakeholders on the Adaptation Sub-Committee’s report on the Scottish Climate Change Adaptation Programme

7 Environment, Climate Change and Land Reform Committee, Papers for Meeting 28 June 2016:

http://www.parliament.scot/Meeting%20Papers/20160628_ECCLR_Papers_PUBLIC.pdf 8 Environment, Climate Change and Land Reform Committee, Official Report for its Meeting 13

September 2016: http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10515 9 UK Committee on Climate Change, Reducing emissions in Scotland – 2016 progress report, 13

September 2016: https://www.theccc.org.uk/publication/reducing-emissions-in-scotland-2016-progress-report/

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25 October The Cabinet Secretary for Environment, Climate Change and Land Reform on Scotland’s annual progress report and the report on the Scottish Climate Change Adaptation Programme

Clerks Environment, Climate Change and Land Reform Committee

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Annexe A

EMISSION REDUCTION TARGETS UNDER THE

CLIMATE CHANGE (SCOTLAND) ACT 2009

Background briefing for the

Environment, Climate Change and Land Reform Committee of the Scottish Parliament

September 2016

Introduction

1. This briefing paper provides background information about the emission reduction targets, and associated carbon accountancy mechanisms, in the Climate Change (Scotland) Act 2009, to inform the Committee’s climate change work.

Targets to reduce greenhouse gas emissions

2. The Climate Change (Scotland) Act 2009 (“the Act”) was passed unanimously by the Scottish Parliament in June 2009. The Act sets out a comprehensive framework to reduce emissions of greenhouse gases as Scotland’s contribution, as a developed nation, to the global effort necessary to limit emissions in order to avoid dangerous levels of climate change. 3. Section 1 of the Act sets the 2050 target, which is for the “Net Scottish Emissions Account” to be reduced by at least 80% from the Baseline Period. Section 2 of the Act sets an interim 2020 target, for a reduction of at least 42%. 4. The Act also requires that the Scottish Ministers set, by Order, annual emissions reduction targets for each year in the period 2010-2050, consistent with achieving the long-term (2050 and interim 2020) targets. 5. The annual targets are set, in batches, at least 12 years in advance, in order to give certainty to business, industry and other organisations about Scotland's intended emissions trajectory. The first batch, for 2010-2022, was set in October 2010. The second batch, for 2023-2027, was set in October 2011. The third batch, for 2028-2032, must be set by 31 October 2016, or as soon as reasonably practicable afterwards. Future batches are required to be set at 5-year intervals. 6. All annual targets in the period 2020-2050 must be set at an amount that is at least 3% less than the target for the preceding year. 7. When setting annual targets, Ministers must have regard to a set of statutory “target setting criteria” in section 4(4) of the Act. A statement explaining how these

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criteria have been taken into account when setting the level of the proposed targets must be published as soon as practicable after a draft Order is laid. Relationship of targets to Reports on Proposals and Policies

8. As soon as reasonably practicable after each batch of annual targets is set, Ministers must lay before the Parliament a report setting out proposals and policies (an “RPP”) for meeting these targets. Before doing so, a draft report is laid for a period of 60 days for “parliamentary consideration”. The first report (RPP1) covering the period 2010 -2022 was published in March 2011, and the second report (RPP2) was published in June 2013. A third report will be published after targets in the period 2028-2032 are set in legislation. The Committee on Climate Change

9. Before setting a batch of annual targets, Ministers must request advice from the Committee on Climate Change (CCC). The CCC is an independent expert body established by the UK Climate Change Act 2008 to provide climate change advice to the UK Government and devolved administrations. 10. The CCC uses emissions and economic modelling to determine the technical feasibility and cost effectiveness of making emissions reductions across various sectors of the Scottish economy. The CCC keeps in regular contact with the Scottish Government’s analytical teams in order to ensure consistency of approach and that it has access to the latest available data. 11. Ministers must publish the CCC’s advice on annual targets, and this is available on the Scottish Government’s climate change webpages (www.gov.scot/climatechange). Advice on the targets for 2028-2032 was provided in March 2016, and updated in July 2016.

Measuring emissions - the concept of carbon dioxide equivalent (CO2e)

12. The Act covers the six greenhouse gases listed in the Kyoto Protocol: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6). Nitrogen triflouride (NF3) has subsequently been added. 13. These greenhouse gases are weighted by global warming potential. The global warming potential for each gas is defined as its warming influence relative to that of carbon dioxide, as specified by the Intergovernmental Panel on Climate Change (IPCC). Greenhouse gas emissions are then presented in tonnes of carbon dioxide equivalent units (tCO2e).” Because the quantities in question can be large, the measurement factor is often scaled up to thousands of tonnes (kilo - kt) or millions of tonnes (mega - Mt). 14. The Act defines a “Baseline Period” for reporting against the long-term (interim 2020 and 2050) emission reduction targets, which are defined as percentage reductions from this period. The Baseline Period is:

i. 1990 for carbon dioxide, methane and nitrous oxide; and

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ii. 1995 for fluorinated gases. Reporting against targets – the Net Scottish Emissions Account

15. All the emissions reduction targets set out in the Act (long-term and annual) are based on the “Net Scottish Emissions Account (NSEA)”.

16. The NSEA is defined in the Act as the aggregate amount of “net Scottish emissions” of greenhouse gases, reduced / increased by the amount of carbon units10 credited to / debited11 from it in accordance with the Carbon Accounting Scheme Regulations made under the Act12. 17. “Net Scottish Emissions” are defined in the Act as the amount of “Scottish emissions”, reduced by the amount of “Scottish removals” of that gas. “Scottish emissions” covers all emissions from sources territorially located within Scotland, plus Scotland’s share of mobile transport emissions, including domestic and international aviation and shipping. “Scottish removals” refer to the removal of carbon dioxide from the atmosphere by carbon sinks. Carbon sinks are defined by the United Nations Framework Committee on Climate Change (UNFCCC) as “any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere” – for instance woodlands. 18. There are two mechanisms by which carbon units can be credited to / debited from the NSEA.

i. As the result of the operation of the EU Emissions Trading System (EU ETS) in Scotland. The details of this mechanism are set out in more detail in the following section.

ii. Ministers may credit to the NSEA any international carbon units purchased by them, thereby offsetting domestic emissions.

19. Official Statistics on Scottish greenhouse gas emissions are published annually and are available on the Scottish Government website (http://www.gov.scot/Topics/Statistics/Browse/Environment). Because of the complexities involved in assembling these statistics, this data is usually published approximately 18 months after each reporting year. In recent years, these figures have become available in early summer. These publications set out figures on both a net Scottish emissions basis, referred to as “source emissions”, and on the NSEA basis used for reporting against targets, referred to as “adjusted emissions”.

10 Carbon units are emissions allowances that represent 1 tCO2e each. The types of units specified

are internationally recognised and are monitored and tracked under United Nations and European Union rules. The units are subject to significant scrutiny and are accepted as representing genuine and verifiable emissions reductions.

11 Carbon units that are counted as credits reduce the level of the NSEA compared with source

emissions. Carbon units that are counted as debits increase the level of the NSEA compared with source emissions. 12

The Regulations were made in 2010, and subsequently amended in 2015 and 2016.

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The use of carbon units through the operation of the EU ETS

20. Launched in 2005, the EU ETS is an EU policy aimed at mitigating climate change by limiting greenhouse gas emissions from industry sectors and aviation (the “traded sector”). Participants include more than 11,000 heavy energy-using installations in power generation, the manufacturing industry and airlines across 31 countries in the European Economic Area. 21. The EU ETS is a ‘cap and trade’ system. A limit (cap) is placed on the overall volume of emissions from participants in the system. Within the cap, organisations receive or buy emissions allowances which they can trade (1 allowance equals 1 tCO2e). Each year, an organisation must surrender enough allowances to cover its emissions. The cap is reduced over time so that by 2020, the volume of emissions permitted within the system will be 21% lower than in 2005. The reducing cap, alongside the financial considerations of trading emissions allowances, incentivises organisations within the system to find the most cost effective way of reducing their emissions. 22. Energy intensive installations (principally non-renewable power generators and heavy industry) in Scotland, as well as aviation, are covered by the EU ETS and are known as the "traded sector". 23. The EU ETS element of the NSEA is calculated by subtracting the number of emissions allowances surrendered from Scottish fixed installations in a given year, as well as an estimate of CO2 emissions surrendered from Scotland’s share of domestic and international aviation, from Scotland’s notional share of the overall EU ETS cap13. Ministers must then credit to / debit from the NSEA an amount of carbon units equal to the difference.

24. This approach is defined under the Act’s Carbon Accounting Regulations. It reflects the fact that important policy levers that affect emissions from the traded sector are not held by the Scottish Government and recognises that Scotland is part of a wider EU mechanism designed to reduce emissions across Europe. The domestic effort target

25. To ensure the majority of the action to meet emission reduction targets is taken domestically, rather than by offsetting domestic emissions through the purchase of international credits, Section 8 of the Act defines a “domestic effort target”. 26. The domestic effort target requires Ministers to ensure that at least 80% of the reduction in the NSEA in each year is achieved through reductions in “net Scottish emissions”. For the specific purpose of ascertaining whether this target has been met, the Act stipulates that the use of carbon units through the operation of the EU ETS is treated as though it is a reduction in “net Scottish emissions”.

13

The Scottish Government publishes a methodological paper which documents the calculations that determine how a notional emissions cap has been calculated for: (i) greenhouse gas emissions from fixed installations located in Scotland, and (ii) Scotland’s share of emissions from domestic and international aviation.

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27. In other words, the operation of the EU ETS in Scotland is considered to form a part of domestic effort to reduce emissions. However, the crediting to the NSEA of any international carbon units purchased by Ministers would not count as part of domestic effort. Limits on the use of carbon units

28. Section 21 of the Act requires Ministers to set, by Order, a series of limits, over specified periods, on the net amount of carbon units that may be credited to the NSEA. Setting a limit that would permit the use of carbon units to offset domestic emissions does not commit Ministers to their use. 29. Ministers may provide that carbon units of a specific description do not count towards the limit. In order to allow for the unimpeded use of carbon units associated with the operation of the EU ETS in Scotland, these have been excluded from the limits set to date. Given this exclusion, it follows that the limits apply solely to the crediting to the NSEA of any international carbon units purchased by Ministers. 30. By requiring that the limits be set in advance (generally by 2 years), these Orders provide Ministers the opportunity to signal intentions regarding how they intend to meet future annual targets. For example, a zero limit would indicate that all targets over this period will be met entirely through domestic effort (as defined above) and thereby guarantees that the domestic effort target will be met in each of these target years. 31. Before setting a limit on the use of carbon units, advice must be requested from the Committee on Climate Change, and if a limit is different from that recommended by the CCC, a statement setting out the reasons why must be published by Ministers. 32. Following advice from the CCC, limits on the number of carbon units that may be credited to the NSEA have been set for each year in the periods 2010-2012 and 2013-2017. A limit for the period 2018-2022 must be set in legislation no later than 31 December 2016, or as soon as reasonably practicable afterwards. Limits for future periods are required to be set at 5-year intervals. Revisions to the Scottish Greenhouse Gas Inventory

33. The Scottish Greenhouse Gas Inventory provides the source of data from which the Official Statistics on Scottish emissions are compiled. The inventory is the key tool for understanding the origin and magnitudes of emissions. The inventory is compiled in line with international guidance on national inventory reporting from the Intergovernmental Panel on Climate Change. 34. The Scottish Greenhouse Gas Inventory is updated every year to reflect technical improvements in the underpinning science, data and modelling. These updates result in successive revisions to the entire time-series of Scottish emissions for all years back to 1990 and the Baseline Period, both on a “source” and an “adjusted” basis, up to that point.

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35. At the time when the Climate Change (Scotland) Act 2009 was passed, the most up to date inventory covered the years from 1990 to 2008 and is therefore known as the 1990-2008 inventory. This is the original inventory upon which the long-term targets in the Act and the fixed annual targets were set. Since the original (1990-2008) inventory, the net effect of revisions has been to increase the level of emissions during the Baseline Period. In other words, based on improved science and international reporting requirements, etc, we now understand that Scotland has historically been emitting greater amounts of greenhouse gas than was understood to be the case at the time the Act was passed. The impact of inventory revisions on progress towards targets

36. Since the Act was passed, inventory revisions have had only a modest impact on the “level of stretch” required by the long-term (2050 and interim 2020) targets in the Act, which are defined as percentage reductions from the Baseline Period. 37. However, since the Act was passed, the inventory revisions have had a substantial impact on the “level of stretch” required by the annual targets, which are set as fixed amounts of emissions (in tCO2e) based on the inventory current at that time. 38. All of the existing fixed annual targets (for the years 2010-2027) were set on the basis of the 1990-2008 inventory. The subsequent upward revisions to the inventory mean that the “level of stretch” associated with these targets has increased since the time there were set. 39. For example, the annual target for 2020 was set as 40,717,000 tCO2e and this was based on the 1990-2008 inventory. At that time, this represented a 42% reduction from the Baseline Period which is the same as the interim target set out in the Act. Based on the most recent (1990-2014) inventory, this same fixed target now represents a 47.3% reduction from the Baseline Period. This is because emissions during the Baseline Period have been revised upwards whilst the annual target remains as the fixed amount of greenhouse gas emissions as prescribed in the Act. 40. A further effect of the inventory revisions is that the existing fixed annual targets have become inconsistent with the trajectory required to meet the long-term (2050 and interim 2020) percentage reduction targets. This means that the fixed annual targets are now more stretching than the percentage reduction targets.

Climate Change Legislation Team Energy & Climate Change Directorate Scottish Government September 2016

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Annexe B Written evidence from WWF

Summary

There are many social and economic benefits associated with Scotland’s action on climate change – from jobs in the low-carbon economy, to cleaner air and warmer homes. Furthermore, new figures show that action is popular, with only 10% of the public disagreeing that the Scottish Government should be investing more in projects to reduce Scotland’s climate change emissions.

The excellent news about Scotland hitting its interim percentage target early travelled around the world & showed that it’s possible to build a progressive & productive society whilst meeting climate targets. However, most progress so far has happened in the electricity & waste sectors, and attention now needs to turn to other sectors like heat, housing and transport in order to hit future targets

The Committee on Climate Change say that new policies are needed, in order for Scotland to hit its long-term climate change targets. The Climate Action Plan due at the end of the year must bring ambitious new policies across all of the key sectors.

WWF Scotland supports the approach that the Scottish Government proposes to take for setting annual targets for the period 2028-2032.

WWF Scotland supports the Scottish Government’s intention to use a new Climate Change Bill to move to a more transparent accounting methodology. We expect that this will lead to a readjusted target for 2020 of around 56%. A target set at this level would continue to require steady progress in making policy changes. However, we hope that the scope of the Bill expands, as it is an important opportunity to put in place the new policies that are required, for us to hit future targets.

Action on climate change is an economic opportunity and popular With action to put Scotland on course for a zero-carbon future, we can unlock multiple benefits, in terms of jobs, economic renewal, reduced fuel poverty, improved health and cleaner air. In the First Minister’s own words: “We know that moving to a low carbon future isn’t simply a moral imperative, it is also a massive economic opportunity.”

Nicola Sturgeon MSP, 22nd September 2015i ONS figures from May 2016 reported the equivalent of 21,500 full time jobs in Scotland’s low-carbon economyii, showing that strong emission reductions are fully compatible with an economically thriving nation. There is also strong public support for increased action on climate change. The Scottish public have consistently campaigned on this issue. In just the last year thousands of people joined a march in Edinburgh to coincide with the start of the Paris climate talks, and thousands of people wrote to the party leaders about action on climate change in advance of the Scottish Parliament elections.

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To coincide with this evidence session, WWF Scotland have also published newly-revealed polling that shows increased Scottish Government investment in climate change is overwhelmingly popular with the public, with just 10% of the Scottish public disagree with increased investment in the low-carbon economy:

Strongly agree

Agree Neither Agree nor Disagree

Disagree Strongly Disagree

I think the Scottish Government should invest in projects that reduce emissions, like public transport and affordable heat networks, to create a low carbon Scotland.

21% 38% 30% 6% 4%

Strongly Agree & Agree total = 61%

Disagree & Strongly Disagree total = 10%

The survey of 1,000 people living in Scotland was conducted by nfpSynergy on behalf of WWF Scotland in April 2016. Numbers may not add up to 100%, due to rounding of individual figures. Scotland’s current progress on reducing climate emissions Scotland recently received the excellent news that the 2020 interim emission reduction target (expressed in percentage terms) had been achieved six years early, as well as the news that for the first time an annual target (expressed in megatonnes) had been hit. This news travelled around the world, highlighting Scotland’s ambitions and achievements to date – it’s something people across the nation should be proud of. It was also a clear demonstration that it’s possible to cut emissions whilst also building a progressive and productive society. However, independent sources, including the recent CCC progress reportiii & briefing figures from SPICEiv, make it clear that Scotland’s progress to date is heavily dependent on progress in the electricity and waste sectors. As the remaining potential for emissions abatement in these sectors is exhausted, further reductions will have to come from other parts of the economy, both to meet targets and ensure that Scotland remains at the forefront of climate action. The Scottish Government must apply the same leadership it has shown in the renewable electricity sector to the laggard sectors, including heat, housing and transport. For example, the CCC’S 2016 Progress Report says about transport, “There has been little progress in reducing emissions from transport, where emissions are largely unchanged from 1990 due to improved vehicle efficiency being offset by increased demand for travel as the economy has grown and fuel prices have fallen.”v Similarly, more than half of Scotland’s energy use is for heating, but less than 4% of this total heat demand currently comes from renewablesvi. Current progress in this

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sector is slow, and is insufficient to put Scotland on-track for achieving its 2020 heat target. The climate action plan – taking forward bold new policy measures Under the Climate Change Act the Scottish Government is required to produce a new climate action plan (RPP3), and the Programme for Government confirmed the Scottish Government’s intention to produce that this wintervii. In order to secure the benefits of climate action and meet long-term climate change targets, new policies need to be put in place through the RPP3. “This [meeting future long term targets] will require a significant strengthening of existing policies, using devolved powers, as well as measures implemented at a UK and EU level to drive take-up of low-carbon technologies and behaviours.”

Committee on Climate Change, 15th March 2016viii As such, we see the development of the RPP3, as a comprehensive new climate action plan that sets out ambitious new policies across key sectors, as the most important task for the Cabinet Secretary for Environment, Climate Change & Land Reform in the first year of this Parliament. The CCC has made a number of specific policy suggestions in its most recent reports about Scotland. Their March report signalled the level of change required by 2030 including, heat pumps in 18% of homes by 2030 and electric vehicles comprising 65% of new car & van sales by 2030. The 2016 Progress Report highlights more policy suggestions including implementing a clear and stable regulatory framework for district heating, providing incentives to electric vehicle ownership such as preferential road access & free parking, and the use of local policies to reduce demand through shifts to public transport, cycling & walking. Further policy issues for the forthcoming climate action plan to address, includes:

Further detail on how the promised National Infrastructure Priority on energy efficiency will be taken forward. In particular, WWF Scotland and more than 50 other organisationsix would like to see an objective for the domestic sector set of supporting all homes to reach at least a C EPC standard by 2025, and for this to be reflected in the Spending Review. This would build on the information provided in the Programme for Government, which was announced alongside an additional £20m for energy efficiency as part of a post EU-referendum vote stimulus package – which was a welcome recognition of the positive economic and jobs impact that energy efficiency investment can have.

The use of regulation to create minimum energy standards for the private housing sector, in order to leverage private investment into the improvement of energy efficiency. The Scottish Government has said it will consult on this issuex.

Policies to rapidly accelerate the uptake of district heating and renewable heat. WWF Scotland sees the proposed Warm Homes Bill as the critical measure to achieve this.

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A new objective of generating 50% of all of Scotland’s energy needs (across electricity, heat and transport) from renewables by 2030, as part of a new energy strategy for Scotland.

There are also plenty of examples from around the world to draw on. In Norway, the government is assembling plans to remove all petrol and diesel cars from the roads by 2030. In England, Nottingham’s work-place parking levy has raised millions of pounds for public transport, whilst London’s congestion charge is considered a success. France & Germany have successfully increased levels of heat-pump take-up through requirements on new buildings, meanwhile a Scottish-built water-source heat pump provides heat for the Drammen district heating network. Setting new annual targets for the period 2028-2032 This autumn the Scottish Government is required to set annual climate change targets (expressed in a number of megatonnes of emissions) for the period 2028-2032. WWF Scotland supports the approach the Scottish Government lays out in the draft orders laid before the Scottish Parliament on the 7th of September 2016. Of the two approaches suggested by the CCC, the one chosen by the Scottish Government is most consistent with the original ambitions and intentions envisaged by our world-leading Climate Change Act, requiring Scotland to continue to make steady, year-on-year progress in reducing emissions. In our view, this steady approach provides greatest confidence to business and industry about the continuing steady decarbonisation of the Scottish economy. This option also avoids resetting near-term targets, again providing economic confidence about the direction of policy. We agree with the Scottish Government’s assessment that these targets are ‘achievable given Scotland’s strong progress to date and in the context of the transformative changes associated with the transition to a low-carbon economy.’ (paragraph 22) Lastly, it is worth highlighting two assessments from the CCC’s advice in March on the level at which these targets ought to be set. Firstly, the CCC’s high-level assessment that the continued transition to a low-carbon economy has the potential to lead to higher levels of economic growth and resource efficiency and higher growth in jobs in Scotlandxi. Secondly, the CCC’s assessment that ‘a significant strengthening of existing policies, using devolved powers, as well as measures implemented at a UK and EU level’ will be required to meet these annual targets for 2028-2032. Climate Bill WWF Scotland warmly welcomed the SNP manifesto commitment to a new Climate Change Act calling it a ‘welcome opportunity to focus the whole Parliament on the need for ambitious action to tackle climate change’. The Climate Bill is also an opportunity to reflect on how best Scotland implements the outcomes of the Paris international climate talks. We support the detail provided so far in the SNP manifesto and in the Programme for Government about what it is proposed the new Climate Change Bill will do. However, we hope that as the Government consults on the Bill, we see a broader vision of the proposed Climate Bill emerge, as something

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able to also deliver some of the policy measures needed to secure Scotland’s continued progress in reducing emissions. The proposal to move to a territorial accounting mechanism as a way of measuring Scotland’s climate change progress will provide a more transparent record of the emissions reductions that have been achieved. For example, under the current accounting system, Scotland will not receive full ‘credit’ for the emissions reductions achieved by the closure of the Longannet coal-fired power station, as emissions from this sector are currently calculated as Scotland’s share of the EU Emissions Trading Scheme rather than real emissions . We were also pleased to note that the SNP manifesto recognised that a new accounting approach provides the opportunity to reset our target for 2020 to take account of all that has occurred since the original Climate Change Act was passed. Under territorial accounting, the CCC’s March advice appears to show that the accounting change would need to result in a readjusted 2020 target of around 56%xii. A target for 2020 set at that level will continue to require steady progress in making policy changes, and in our view this steady approach gives greatest confidence to business and the public that Scotland will continue to make an orderly transition towards a zero-carbon future. However, as has been highlighted in this evidence and by numerous experts, looking-ahead the outstanding challenge for Scotland with regard to climate change policy is the need to strengthen existing policies and introduce new policies so that we can have confidence that future ambitions will be met and the benefits of achieving a zero-carbon economy secured. It is on that basis that WWF Scotland sees the proposed Climate Change Bill as an excellent opportunity to put in place new policies to reduce emissions, especially in laggard sectors like heat, housing and transport. We will be coming forward with suggestions, and we hope that the Scottish Government and MSPs from across the Parliament do likewise.

Written submission from Friends of the Earth Scotland Evidence to the Environment, Climate Change and Land Reform Committee Submitted - 15th September 2016 Key points

the targets' statutory instrument should be approved

Parliament will need to return to revise Scotland's climate targets to be more ambitious as the implications of the Paris Agreement become clearer, results emerge from the Climate Change Plan and Energy Strategy modelling and the new Climate Change Bill takes shape

the carbon units' statutory instrument should be approved as it helps concentrate policy initiatives on meeting our targets here in Scotland rather than buying international carbon credits

stronger policy action is needed in relation to transport, buildings and agriculture

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Climate change 2016 is almost certain to the warmest year ever recorded globally, beating 2015, which in turn beat 2014 for this record. All of the 10 hottest years on record have been since 1997. Scotland has not felt this record heat in the last couple of years because of changes in ocean currents and the high-atmosphere jet stream, although 8 of our 10 hottest years have been since 2000 and the warmest on record was 2014. From the melting of the Arctic ice to the growing number of climate refugees, the signs of climate change are stronger every year. Progress so far The latest emissions figures are for 2014 and show that Scotland met its climate change target for that year. The UK Committee on Climate Change (UKCCC) published their fifth annual progress report for Scotland on the 13th September.14 They said that Scotland has made good progress overall, with strong action on energy and waste, but needs much stronger policies in transport, agriculture and buildings to meet future targets. The Paris Agreement Last year the world's government's created the Paris Agreement, which commits nations to keeping the global temperature rise well below 2ºC and to try to keep it below 1.5ºC. This is a positive intent but so far too little action is pledged by nations to keep the world even below a catastrophic 3.5ºC temperature rise by 2100. The UN process will therefore look for nations to be developing plans to do more, so that the Paris Agreement temperature limits can be achieved. These means every nation needs to try harder - including Scotland. The Targets Statutory Instrument The Climate Change (Annual Targets) (Scotland) Order 2016 is the Scottish Statutory Instrument required by the 2009 Climate Act to set annual targets for the years 2028 to 2032. The Scottish Government have, as required, taken advice from the UK Committee on Climate Change and chosen the more ambitious of two options presented.15 In itself and in the context of the 2009 Act, this is a sensible and uncontentious proposal which the Committee should support. However, Scotland is about to embark on several rounds of new thinking on climate change, which mean the Committee should bear in mind that we will need to return to Scotland's annual targets with a view to making them more ambitious. The factors which will require us to review the targets are:

14

UKCCC 5th annual progress report for Scotland - https://www.theccc.org.uk/publication/reducing-emissions-in-scotland-2016-progress-report/ 15

http://www.gov.scot/Resource/0050/00502791.pdf and http://www.gov.scot/Resource/0049/00496795.pdf

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The implications of the Paris Agreement and the need to aim for 1.5ºC. The UKCCC will publish advice on what this means for the UK's climate targets and policies next month, and will build the need for more ambition into the advice they are due to give Scotland on targets for the new Climate Change Bill. Long-term ambition - in light of the Paris Agreement it will be hugely disappointing if we are still aiming for only 80% reductions by 2050, rather than setting a date much sooner when Scotland will be fossil free and zero emissions. The TIMES model which is being used by the Scottish Government to develop the Climate Change Plan is good for short term predictions but cannot accurately predict what technological solutions we will be using in 2050, so the targets for later years should be set on the basis of the needs of climate science rather than solely on the basis of what the model says might be possible. The Climate Change Plan - the third Report on Proposals and Policies - is required by the 2009 Act to spell out how we will meet future climate targets and will be submitted to the Committee for scrutiny in January. It will be based on extensive modelling of emissions from all sectors of the Scottish economy and will need to contain strong policies in many areas in order to meet our targets and to realise the additional jobs, economic and health benefits of moving to a low-carbon economy. The new Climate Change Bill. The SNP manifesto and the Programme for Government promise a new Climate Change Bill with a 2020 target of "more than 50%." It is proposed to adopt a new accounting system under the new Climate Change Bill, which will mean we will see full credit for actions in the energy sector, including a drop of around 10 million tonnes of carbon dioxide from the closure of Longannet power station. This is equivalent to about 20% of Scotland's current emissions. The UKCCC have already said that the 2020 target would need to be around 56% (in the new accounting system) to be broadly equivalent to the 42% target set in the 2009 Act (under the current accounting system). Also important in driving early action will be the ambition of the targets in the early 2020s. A Fair Shares approach looks at the historical responsibility of countries for causing climate change and the capacity of countries to implement policies to reduce emissions. It therefore inevitably concludes that industrialised nations should do more than countries which have only recently industrialised. This approach was used in the civil society 'Fair Shares' report to assess the pledges from countries in the run up to last year's Paris climate conference, which concluded that the EU as whole was offering cuts which are less than a quarter of what is needed.16 This type of analysis suggests the UK should be aiming for reductions of between 65% and 75% by 2025 and 76% and 86% by 2030.17 These are shown for Scotland on the graph below and should be part of the discussions over the level of ambition for the new Bill.

16

Fair Shares: A civil society equity review of INDCs - http://policy-practice.oxfam.org.uk/publications/fair-shares-a-civil-society-equity-review-of-indcs-579848 17

http://www.climatefairshares.org

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The Carbon Units Statutory Instrument This is an uncontroversial proposal to bar Scottish Ministers from using internationally-traded carbon credits to meet our targets. The 2009 Act already contains a limit on the number of such units that can be used but this Instrument reduces that capacity to zero for the years 2018 to 2022. This is a good proposal because it means we will concentrate on meeting our targets through emissions reduction actions at home rather than trying to buy our way out of trouble. The Committee should support this proposal. Scotland climate emissions and future targets (net emissions MtCO2e)

N.B. this graph shows a big drop in 2014, mainly due to changes in the EU Emissions Trading Scheme and warm winters. Because of changes in the underlying data the UKCCC have determined that the 40% by 2020 target of the 2009 Act is equivalent to a 47% cut in the current figures. The Scottish Government's 'more than 50%' pledge is under the new accounting system. i Video for the Climate Group, http://bit.ly/1ZXJgby (1min59) ii Office of National Statistics figures for 2014, published 18

th May 2016, http://bit.ly/1UatYKb

iii Committee on Climate Change, Reducing emissions in Scotland 2016 progress report, published

13th September 2016: http://bit.ly/2cUf91U

iv Scottish Parliament Information Centre (SPICE), Climate Change: Subject Profile, published 25 May

2016: http://bit.ly/1U0f2yu (see in particular graph on page 16) v See page 9, in the Executive Summary; http://bit.ly/2cUf91U

vi Scottish Government (2016) Energy in Scotland 2016: Key Facts

vii See page 29 of Programme for Government: http://www.gov.scot/Resource/0050/00505210.pdf

viii Committee on Climate Change, Scottish Emissions Targets 2028-2032, page 8:

http://bit.ly/24aX6GN

Actual net emissions

UK CCC targets 2015-2032

3% reductions to 2020

Fair Shares target range 2025 & 2030

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ix Joint statement of 50+ organisations, ‘No one in Scotland living in a hard-to-heat, draughty home by

2025, December 2015 http://bit.ly/1Ms1AE9 x See page 39 in the Programme for Government. This consultation was previously delayed, and the

powers were originally created in the Climate Change Act 2009. xi See paragraph 31 of the Scottish Government’s explanatory statement to the draft order for annual

targets for the period 2028-2032. http://www.gov.scot/Resource/0050/00505236.pdf xii

The CCC’s most recent advice appears to show that such a change in the accounting approach would need to result in a readjusted 2020 target of around 56%. Committee on Climate Change, Scottish Emissions Targets 2028-2032, page 52: http://bit.ly/24aX6GN

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Environment, Climate Change and Land Reform Committee

5th Meeting, 2016 (Session 5)

Tuesday 20 September 2016

SSI cover note

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Crown Estate Scotland (Interim Management) as Specified Authority) Order

2016 [draft] Type of Instrument: Affirmative Laid Date: 30 June 2016 Circulated to Members: 15 September 2016 Meeting Date: 20 September 2016 Minister to attend meeting: Yes Motion for approval lodged: Yes - S5M-01328 Drawn to the Parliament’s attention by the Delegated Powers and Law Reform Committee? No Reporting deadline: 28 October 2016 Purpose 1. This Order provides that Crown Estate Scotland (Interim Management), for the purposes of or in connection with appointments to that body, is to be treated as if it were a specified authority listed in schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003. This will allow the appointments to the Board of Crown Estate Scotland (Interim Management) to be regulated by the Commissioner for Ethical Standards in Public Life.

2. A copy of the Explanatory Notes and the Policy Notes are included with the papers. Procedure 3. The draft Order was laid on 30 June 2016 and referred to the Environment, Climate Change and Land Reform Committee. The Order is subject to affirmative procedure (Rule 10.6). It is for the Environment, Climate Change and Land Reform Committee to recommend to the Parliament whether the Order should be approved. The Cabinet Secretary for Environment, Climate Change and Land Reform has, by motion S5M-01328 (set out in the agenda), proposed that the Committee recommends the approval of the Order.

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For decision 4. The Committee must decide whether or not to agree to the motion, and then report to Parliament accordingly, by 28 October 2016. Clerks Environment, Climate Change and Land Reform Committee

Supporting documents provided by the Scottish Government EXPLANATORY NOTE As per purpose above. POLICY NOTE The above instrument was made by the Scottish Ministers in exercise of the powers conferred by section 3(3) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (“the 2003 Act”) and all other powers enabling them to do so. The instrument is subject to affirmative procedure. Policy Objectives This Order is designed to allow the appointments to the Board of Crown Estate Scotland (Interim Management) to be regulated by the Commissioner for Ethical Standards in Public Life. Section 36 of the Scotland Act 2016 devolves legislative competence for the management and revenue of the Crown Estate in Scotland to the Scottish Ministers through a Treasury Statutory Transfer Scheme. The Scotland Act also includes provision for an Order in Council to be made to establish an interim body to manage Crown Estate assets. A new Public Corporation will be created by the Order in Council which will manage Crown Estate assets on an interim basis. The Order in Council will create the interim body and includes provisions for appointments to the Board of that body to be regulated under the 2003 Act. This Section 3(3) Order, under the 2003 Act, is required so that Crown Estate Scotland (Interim Management) will be treated as a regulated body ahead of the Order in Council being laid. This approach follows precedent set by a number of other new public bodies. Scottish Ministers could make unregulated appointments to the Board of Crown Estate Scotland (Interim Management) meaning that this Order would not be necessary. However, it was deemed important for the appointments process to be as rigorous and transparent as possible and that the involvement of the Commissioner for Ethical Standards in Public Life was desirable in achieving this.

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Audit Scotland1 advise that appointment of a Chair should take place at least 6 months ahead of the new public body taking on its full functions. The section 3(3) Order will allow us to meet this timeline by starting the recruitment now for the interim appointment of the Chair and Board. The Chair can also be involved in future appointments of the Board and Chief Executive. This Order is designed to meet this recommendation. Consultation This Order simply allows for appointments to the new body to be regulated by the Commissioner for Ethical Standards in Public Life, so specific consultation on this instrument was not deemed necessary. We have sought views from the Scottish Government Stakeholder Advisory Group on the Crown Estate. Members of this group have generally expressed support for the interim arrangements. Consultation with stakeholders will continue through the development of the Order in Council. It is our intention to also launch a web-based consultation on the proposals which are to be included in the Order in Council. In parallel to the development of interim arrangements, Scottish Ministers will initiate a full public consultation on the options for long term management of the Crown Estate assets prior to including proposals for a new legal framework in a Scottish Bill. Impact Assessments An Equality Impact Assessment is not necessary as the instrument in itself does not have any equalities impacts. A Child Rights and Wellbeing Impact Assessment and a Privacy Impact Assessment are not necessary as the instrument in itself does not have any child rights or wellbeing or privacy impacts. A Business and Regulatory Impact Assessment was not considered to be necessary as the Order itself does not create any new burdens on business, charities or the voluntary sector. A draft Business and Regulatory Impact Assessment has been prepared to support the consultation outlined in paragraph 9. We will carry out a full Equality Impact Assessment, Business Regulatory Impact Assessment, Child Rights and Wellbeing Impact Assessment and Privacy Impact Assessment, where appropriate, on the proposed interim arrangements for managing Crown Estate assets in Scotland and on the proposals to be contained in the Order in Council to establish the new body. We will also consider the potential environmental impacts of any proposals and consider whether a Strategic Environmental Assessment is required. Financial Effects The instrument will have no direct financial effect as it merely allows for the regulation of the appointment process.

1 The Audit Scotland report on merging public bodies, “Learning the Lessons of Merging Public

Bodies” recommend that the leadership of merged and new bodies is in place 6 months ahead of the new body taking on its full functions

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Scottish Government Marine Scotland Directorate 30 June 2016

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Environment, Climate Change and Land Reform Committee

5th Meeting, 2016 (Session 5)

Tuesday 20 September 2016

SSI cover note

Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016 (SSI 2016/251)

Type of Instrument: Negative Laid Date: 5 September 2016 Circulated to Members: 15 September 2016 Meeting Date: 20 September 2016 Minister to attend meeting: No Motion for annulment lodged: No Drawn to the Parliament’s attention by the Delegated Powers and Law Reform Committee? No Reporting deadline: 24 October 2016 Purpose 1. This Order designates Loch Ryan as a shellfish water protected area for the purposes of Part 1 (protection of the water environment) of the Water Environment and Water Services (Scotland) Act 2003 as applied by regulation 5 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004. 2. The Scottish Government’s stated purpose for this order is so that Loch Ryan is protected from pollution in order to support shellfish life and growth. 3. A copy of the Explanatory Notes and the Policy Notes are included with the papers.

Procedure 4. Negative instruments are instruments that are “subject to annulment” by resolution of the Parliament for a period of 40 days after they are laid. All negative instruments are considered by the Delegated Powers and Law Reform Committee (on various technical grounds) and by the relevant lead committee (on policy grounds). Under Rule 10.4, any member (whether or not a member of the lead committee) may, within the 40-day period, lodge a motion for consideration by the lead committee recommending annulment of the instrument. If the motion is agreed

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to, the Parliamentary Bureau must then lodge a motion to annul the instrument for consideration by the Parliament. 5. If that is also agreed to, Scottish Ministers must revoke the instrument. Each negative instrument appears on a committee agenda at the first opportunity after the Delegated Powers and Law Reform Committee has reported on it. This means that, if questions are asked or concerns raised, consideration of the instrument can usually be continued to a later meeting to allow correspondence to be entered into or a Minister or officials invited to give evidence. In other cases, the Committee may be content simply to note the instrument and agree to make no recommendation on it. For decision 6. The Committee is invited to consider any issues which it wishes to raise on this instrument. Clerks Environment, Climate Change and Land Reform Committee

Supporting documents provided by the Scottish Government

EXPLANATORY NOTE As per purpose above and including: This area is identified by reference to a map prepared for the purposes of this Order and laid before the Scottish Parliament in accordance with section 5A(6) of that Act. The map has been published by the Scottish Ministers and is available on their website at www.gov.scot/Topics/Environment/Water/. POLICY NOTE The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016 (SSI 2016/251) The above instrument is made in exercise of the powers conferred by section 5A(1) and (6) of the Water Environment and Water Services (Scotland) Act 2003. The instrument is subject to the negative procedure. Policy Objectives The Order designates an area of coastal water as a shellfish water protected area for the purposes of Part 1 (protection of the water environment) of the Water Environment and Water Services (Scotland) Act 2003 (“the 2003 Act”), as applied by regulation 5 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004.

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Background and discussion Directive (2006/113/EC) on the quality of shellfish waters was introduced to protect designated waters from pollution in order to support shellfish life and growth. It was repealed with effect from 22 December 2013. Wishing to offer continued protection to support the sustainable growth of the shellfish sector, Ministers used the Aquaculture and Fisheries (Scotland) Act 2013 to insert section 5A into the 2003 Act to enable areas of water to be designated as ‘shellfish water protected areas’ and to provide that environmental objectives could be set to improve or protect those areas within Scotland’s river basin management planning process. 84 such areas within the Scotland River Basin District were subsequently designated by means of The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013. The Loch Ryan area lies in the cross-border Solway Tweed River Basin District. The UK Government has recently made amendments to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 which enable the Scottish Ministers to designate shellfish water protected areas within that part of that river basin district which lies in Scotland. Accordingly this Order in respect of Loch Ryan is now being brought forward. The Order is supported by directions to the Scottish Environment Protection Agency. These directions make further provision regarding the setting of environmental objectives for the designated area, and the environmental standards to be used in assessing the achievement of those objectives. Consultation and financial implications A 12-week consultation in respect of all 85 sites was held between 8 July and 27 September 2013. All relevant business interests strongly supported the proposals. A Business and Regulatory Impact Assessment was published on the Scottish Government website at that time. This Order introduces no new financial implications. Environmental Quality Division September 2016

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Environment, Climate Change and Land Reform Committee

5th Meeting, 2016 (Session 5)

Tuesday 20 September 2016

Appointment of European Union Reporter

The Scottish Parliament’s European Union Strategy 1. A Parliament-wide strategy for European Union (EU) engagement and scrutiny was introduced following a Chamber debate on the European and External Relations Committee’s 4th Report 2010 (Session 3) on the Impact of the Treaty of Lisbon on Scotland. As part of this strategy, the subject committees and the Equal Opportunities Committee took on an enhanced role in relation to early engagement on EU issues and the scrutiny of EU legislative proposals.

2. Part of that enhanced role for committees involves the appointment of an EU Reporter. Under Rule 12.6.2 of Standing Orders, subject committees and the Equal Opportunities Committee are responsible for appointing an EU Reporter—

12.6.2 Each subject committee and the Equal Opportunities Committee shall appoint a committee member (other than a committee substitute) (referred to as a “European Reporter”) to bring to the attention of the committee any European Union (“EU”) issue, proposal for EU legislation, or implementation of European Communities or EU legislation, as he or she may determine is appropriate.

3. While the UK remains in the EU, it will continue to be involved in the decision-making processes relating to EU policies and will have an obligation to implement EU legislation. Thus, the Parliament’s EU strategy will still need to consider EU matters. However, the Convener of the European and External Relations Committee has indicated that the role of EU reporters and the Parliament’s annual process of identifying and reporting on EU priorities should be further developed to take into account the implications and process of leaving the EU.

The Role of the EU Reporter

4. Currently the role of the EU Reporter is to act as a “conduit” for EU matters within the Committee. This role remains relevant while the UK is still an EU Member State and will involve—

Highlighting the EU dimension of the Committee’s work;

Taking the lead on consideration of any subsidiarity concerns in relation to EU legislative proposals, or those proposals introduced by the UK Government in relation to the UKs ongoing relationship with the EU;

Speaking to EU issues;

Highlighting any EU dimension within policy debates; and

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Acting as liaison between the Committee and the European and External Relations Committee

5. The Convener of the European and External Relations Committee has indicated that the Committee will reconsider the role of the EU reporters as part of its review of the EU Strategy. It is anticipated that the role of the EU reporter will be developed to adapt to the prospect of withdrawal from the EU and include the following additional elements—

Identifying issues relating to the formulation of the UK’s position on its future relationship with the EU that are relevant to the Committee’s work and highlighting areas where the Committee may wish to undertake scrutiny work;

Identifying issues relating to the process of leaving the EU that are relevant to the Committee’s work and highlighting areas where the Committee may wish to undertake scrutiny work; and

Liaising with the European and External Relations Committee on its work on the implications for Scotland of the vote in the referendum to leave the EU.

For decision

6. The Committee is invited to nominate a member to act as EU Reporter for the Committee.