 Welcome to the Environment, Climate Change and Land Reform Committee's 11th meeting of 2019. Before we move to our first item on the agenda, can I remind everyone to switch off their mobile phones as they may affect the broadcasting system? The first item on the agenda is for the committee to take evidence on the Scotland Act 1998 transfer functions to the Scottish ministers order 2009. I went back in time there. This morning, I am delighted to welcome Paul Wheelhouse, Minister for Energy, Connectivity and the Islands. Good morning. Mark Christie, policy officer for Marine Scotland. Good morning, and Joanna Dingwall, the lawyer for the Scottish Government. Good morning to you all. Minister, have you got anything to say up front in regard before I open it up to questions? I have a very brief opening comment, if I may, convener. Thank you very much and good morning everyone. Thank you for the invitation for me here this morning to talk about the Scotland Act 1998 transfer functions to the Scottish ministers etc. Order 2019. If I may briefly explain, the aim of this section 30 order is to provide legal certainty surrounding the Scottish ministers powers concerning environmental impact assessments, or EIA, in relation to electricity generating stations consented under section 36 of the Electricity Act 1989 and located in the Scottish part of the renewable energy zone, or REZ. This order came about following a routine regulatory review in 2017, during which we recognised the need for legislative clarity surrounding the Scottish ministers powers concerning EIA functions in relation to electricity generating stations consented under section 36 within the Scottish part of the REZ. This order clarifies that Scottish ministers can exercise regulatory powers concerning EIA within the Scottish part of the REZ, and legal clarity in this area is important so as to prevent any ambiguity for decision makers and stakeholders and to ensure that the UK meets its obligations under EU law to fully transpose the EIA directive. My intention is that this order will also minimise any risk of legal challenge. The order will have no impact on the offshore renewables industry, or the way in which applications for offshore renewable energy applications are assessed or determined. I look forward to any questions on the order that members may have. Okay, thank you very much. Mark Ruskell, you have some questions, I believe. Just a brief one, convener. It was more about where we go in the future in terms of regulatory alignment. At some point, those regulations will, sorry, the directive and the source regulations will change in the European Union. It's just what the Government's plans are then for staying regulatory aligned with any changes that may come out of the European Union. If I may, convener, respond by saying that it's obviously a matter that we are currently discussing with UK ministers. Obviously, we're waiting clarity about what the exit from the EU may or may not look like. Obviously, there's those of us who wish to remain in the EU, still hope there's a slim chance we may remain in the EU, but if we are to leave what the landscape looks like and indeed across a number of measures that affect the energy sector, including an indeed environmental impact assessment and other matters affecting colleagues in the environment portfolio, we are still seeking clarity about what long-term relationship the UK wishes to have, but clearly the Scottish Government believes that we should maintain regulations that have been developed for good reason under our membership of the EU and we certainly support retention of the EU ETS and other measures to try and support the development of the renewable energy sector. I know that that's an area that there's a great deal of consensus around, not just in the Scottish Parliament but other legislatures across the UK. We're keen to take that forward, but clearly we are looking to try and ensure that the directive is adhered to. I know that it might seem odd that we're doing this in the context of Brexit negotiations that are on-going, but we do not, as yet, know when or even if the UK will leave the EU and therefore it's important that we comply with the regulations that are placed on us. Is there the potential for regulatory divergence with the rest of the UK going forward? I would always take the view that Scotland should do what is right for Scotland. That is why I am in this Parliament to do what's right for the people environment of Scotland, but clearly where there is common sense to have alignment with the UK and the rest of the UK. That is something that we would take forward, but it's in the interests of the sector or the economy more generally, but we do obviously reserve the right to vary from the UK-wide approach where that is in the interests of the people or the environment of Scotland. Thank you, convener. A related thing that you may or may not be briefed on, although hopefully Mark Christie might be, is whether that similar issue might arise in relation to section 37, which is similarly under the Electricity Act, which provides ministers with the power to give consent to high-voltage transmission. I'm particularly interested in that, as I think the convener might similarly be with the subsea cable that's proposed between the very edge of my constituency, possibly even into the convener's constituency with slight uncertainty. Norway and, of course, there's been recent discussions at Shetland and the Western Isles. I'm unclear whether section 37 gives the Scottish ministers power over the subsea ones. I know that it does for power lines on land, but it strikes me that there might be a similar issue, because there's surely EIAs associated with consent under section 37 as well. I certainly follow the logic that Mr Stevenson has set out for the record that we're very supportive of the North Connect project between Norway and either Mr Stevenson or Ms Martin's constituency, but I can appreciate the approach that Mr Stevens has made and it probably would be logical to ask Mark and Joanna to address that point, but maybe we can first direct that to Mark. It's something that, if it's okay with the committee, I would like to look into that and get back to you if that's okay off the top of my head. I'm not sure whether that applies to section 37. It's not something that I personally have looked into. I don't know if Joanna knows any more. With your permission, convener, I'm going to ask Joanna Dingmall to address it. I agree with Mark's sentiment here. I think that it's something that we would need to look into and write back to the committee about. I'm quite content with that, convener. I just wanted to get it on the record so that we have the opportunity. The section 36 issue that we've identified was a specific loophole or area that needed clarity that was required to be provided. That was identified in the review unit for that's why we're addressing it today. Okay, thank you. Anyone else? Well, thank you very much for answering those questions. I'm now going to move on to consideration of the motion. I would like to invite the minister to move motion S5M-16387 in his name, that the Environment, Climate Change and Land Reform Committee recommends that the Scotland Act 1998 transfer functions to Scottish ministers order 2019 be approved. Formally moved, convener. Would you like to speak to the motion? I'm happy to at rest, convener. The question is, then, that motion S5M-16387 be agreed. Are we all agreed? Thank you. And so that is then agreed. Can I confirm that members are content for me to sign off the committee's report on those regulations? Thank you very much. Thank you minister and to you both. I will now suspend this meeting briefly. The third item on the agenda is to consider whether the wildlife and countryside act 1981, EU exit Scotland amendment regulations 2019, and that's SSI 2019 oblique 84, have been laid under the appropriate procedure. Members should note that those regulations have been laid under the negative procedure. Do we have any comments? Are you content for those instruments to be considered under the negative procedure? If you're content, the instruments will be considered as part of the next agenda item to which we turn. The fourth item on the agenda is to consider the wildlife and countryside act 1980, one EU exit Scotland amendment regulations 2019, SSI 2019 oblique 84. Are there any comments? We don't want to make any recommendations on these instruments. Well, that concludes the committee's business and public today. At its next meeting on 23 April, the committee will be considering the potential impact of the EU exit on the environment. We will now move into private session. I ask that the public gallery be cleared as the public part of this meeting is now closed.