Reservoirs (Scotland) Bill: Stage 3

– in the Scottish Parliament at on 9 March 2011.

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Photo of Trish Godman Trish Godman Labour

The next item of business is stage 3 proceedings on the Reservoirs (Scotland) Bill. In dealing with amendments, members should have the bill as amended at stage 2, the marshalled list and the groupings, which the Presiding Officer has agreed. As usual, the division bell will sound and proceedings will be suspended for five minutes for the first division. The period of voting for the first division will be 30 seconds. Thereafter, I will allow a voting period of one minute for the first division after a debate, and all other divisions will be 30 seconds.

Section 22A—Appeal to the Scottish Ministers following SEPA’s review

Group 1 is on minor amendments. Amendment 1, in the name of the cabinet secretary, is grouped with amendments 2, 4, 13, 15 and 20.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

We have taken this final opportunity to propose a few minor drafting adjustments to the bill to tidy up some loose ends. Amendments 1 and 2 amend section 22A(3)—I have just noticed that Jamie McGrigor is yawning already. [Laughter.] They amend section 22A(3) to remove any doubt that the risk designation that is given by the Scottish Environment Protection Agency continues to apply during any appeal to the Scottish ministers against that risk designation.

Amendment 4 simply corrects the reference in section 26(6) to notices under subsection (4), which is incorrect, to notices under subsection (5). Amendment 13 makes section 67(4) clearer by inserting a specific reference to section 69, which is already referred to, rather than retaining a slightly opaque reference to that section. Amendment 15 simply clarifies that appeals against the issuing of stop notices may be made to the Scottish ministers.

Amendment 20 corrects a reference in section 105 so that it refers to the whole of the act as intended, rather than just part 3.

I trust that members will support those amendments, and I move amendment 1.

Amendment 1 agreed to.

Amendment 2 moved—[Richard Lochhead]—and agreed to.

Photo of Trish Godman Trish Godman Labour

Group 2 is on risk designation appeals and stop notices—appointment of engineer to advise. Amendment 3, in the name of the cabinet secretary, is grouped with amendment 14.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

Section 22A was inserted at stage 2 to enable reservoir managers to make appeals to the Scottish ministers against SEPA risk designations. An appeal may be made after a SEPA review of its initial risk designation for a reservoir.

The Institution of Civil Engineers raised concerns about the consultation requirement in section 22A. Section 22A requires the ICE to be consulted before ministers determine an appeal, but the ICE does not think that it is appropriate that it should be consulted on individual cases. As a result, we agreed to lodge an amendment to address its concerns.

Amendment 3 removes the consultation requirement, and in its place enables ministers, when considering risk designation appeals, to appoint—at their own expense—an engineer to make a recommendation on the risk categorisation. The appointed engineer must be a member of an appropriate panel. That ensures that engineering expertise can still be sought by ministers if circumstances warrant it.

A similar issue arose after stage 2 in relation to the amended section 71. The power in section 71 was altered at stage 2 to allow SEPA to issue stop notices to reservoir managers who are carrying out an activity that is causing a risk of an uncontrolled release of water, even when the activity itself is not an offence. To ensure that stop notices in those circumstances are issued only when it is necessary, the bill was amended to require SEPA to seek expert engineering advice before issuing such a stop notice, by consulting the Institution of Civil Engineers.

The ICE has concerns about that consultation provision that are similar to those that I have just mentioned in relation to section 22A appeals. Amendment 14 therefore replaces the requirement to consult the ICE with a requirement to appoint a suitably qualified engineer to make recommendations about a stop notice. It also requires SEPA to take into account any recommendations that are made by that engineer.

We have consulted the ICE on amendments 3 and 14, and it is content with the proposed changes.

I move amendment 3.

Amendment 3 agreed to.

Section 26—Appointment and removal of panel members

Amendment 4 moved—[Richard Lochhead]—and agreed to.

Section 45—Inspections: duties of inspecting engineers etc

Photo of Trish Godman Trish Godman Labour

Group 3 is on monitoring of measures for maintenance of reservoir. Amendment 5, in the name of the cabinet secretary, is grouped with amendments 10 to 12.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

During our continuous dialogue with the Institution of Civil Engineers, a number of final adjustments to sections 45 and 48 were identified as necessary to ensure that the different types of measures in the interests of safety are appropriately supervised, monitored and reported on.

Amendment 5 separates the supervision of maintenance safety measures from other safety measures and places them under the monitoring regime of the supervising engineer rather than the inspecting engineer. As required maintenance measures in the interests of safety are likely to be on-going, we believe that monitoring by the supervising engineer is more appropriate.

The remaining amendments in the group are consequential on that change. Amendment 10 makes it a duty for the supervising engineer to monitor the reservoir manager’s compliance with any maintenance safety measures that are specified in an inspection report. Amendments 11 and 12 require the supervising engineer to notify the reservoir manager and SEPA of any failure and to report on it in their annual written statement.

I move amendment 5.

Amendment 5 agreed to.

Section 46—Inspection reports: compliance

Photo of Trish Godman Trish Godman Labour

Group 4 is on interim inspection compliance certificates and inspection compliance certificates. Amendment 6, in the name of the cabinet secretary, is grouped with amendments 7 to 9.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

We amended the bill at stage 2 to enable a different suitably qualified engineer to supervise specific measures in the interest of safety that are set out by an inspecting engineer in an inspection report. That will allow flexibility for a reservoir manager to appoint an engineer who is different from the inspecting engineer to perform a particular task. That is intended to promote competition and best value for the benefit of the reservoir manager. If another engineer is appointed by a reservoir manager, that engineer will be known as the “other qualified engineer”, as stated in the bill.

Although the stage 2 changes were made in collaboration with the Institution of Civil Engineers, it has suggested a number of final adjustments to section 46 to enable the new provisions to work more effectively in practice, and we believe that the amendments are appropriate.

Amendment 7 enables the other qualified engineer to issue the final compliance certificate as well as the interim compliance certificate. A final certificate is issued when all the measures that are specified in the inspection report have been undertaken by the reservoir manager. Amendment 7 means that either the original inspecting engineer or the other qualified engineer can issue the final certificate.

Amendment 8 allows a single final certificate to be issued that covers interim certificates that were given by different engineers.

Amendment 9 makes it a requirement for the inspecting engineer or the other qualified engineer to send copies of interim and final inspection compliance certificates to SEPA.

Amendment 6 is simply a consequential amendment. It deletes section 46(2A), the content of which is included in amendments 8 and 9.

I stress that the amendments in the group do not alter the basic requirements that are already on reservoir managers to ensure that the safety measures that are identified in an inspection report are taken. The amendments simply adjust the procedures for their supervision and the certification of their compliance.

I move amendment 6.

Amendment 6 agreed to.

Amendments 7 to 9 moved—[Richard Lochhead]—and agreed to.

Section 48—Supervising engineer and monitoring of reservoir

Amendments 10 to 12 moved—[Richard Lochhead]—and agreed to.

Section 67—Enforcement notice: safety and other measures

Amendment 13 moved—[Richard Lochhead]—and agreed to.

Section 71—Stop notices

Amendment 14 moved—[Richard Lochhead]—and agreed to.

Section 72—Stop notices: procedure

Amendment 15 moved—[Richard Lochhead]—and agreed to.

Section 94—Affording of reasonable facilities to engineers

Photo of Trish Godman Trish Godman Labour

Group 5 is on the application of certain provisions to other qualified engineers. Amendment 16, in the name of the cabinet secretary, is grouped with amendments 18 and 19.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

As I explained in relation to the previous group, stage 2 amendments to the bill enabled a different suitably qualified engineer, who is known as the other qualified engineer, to supervise specific safety measures in an inspection report. The amendments in the previous group enhance the role of the other qualified engineer, allowing them to issue the final compliance certificate as well as interim compliance certificates.

To reflect the stage 2 amendments and the stage 3 amendments in the previous group, amendments 16, 18 and 19 have been identified as desirable consequential amendments to recognise the role of the other qualified engineer. They amend sections 94, 97 and 98 to give other qualified engineers facilities to carry out their functions, to allow ministers to make regulations about their role, and to require SEPA to be notified about any revocation of their appointment.

I move amendment 16.

Amendment 16 agreed to.

Before section 96A

Photo of Trish Godman Trish Godman Labour

Group 6 is on general guidance on part 1. Amendment 17, in the name of the minister, is the only amendment in the group.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

Thank you, Presiding Officer. I am doing my best to keep up here.

Amendment 17 seeks to address concerns that were raised at stage 2 by Peter Peacock and the Rural Affairs and Environment Committee about ensuring that appropriate guidance is in place to assist with the bill’s implementation. I agree that guidance will be essential to successful implementation and have therefore lodged amendment 17, which seeks to place a duty on the Scottish ministers to produce guidance on part 1, including guidance on any orders or regulations. The Scottish ministers must also keep the guidance up to date and, after a review, republish the guidance with appropriate revisions. Moreover, before the publication or republication of guidance, ministers must consult SEPA, the ICE and any appropriate persons. I hope that the amendment addresses Peter Peacock's concerns and I ask Parliament to support it.

I move amendment 17.

Photo of Peter Peacock Peter Peacock Labour

I place on record my thanks to the cabinet secretary for having taken account of the point that I made at stage 2 and I thank him and his officials for lodging this splendid amendment.

Photo of Trish Godman Trish Godman Labour

I guess that you have nothing to add, cabinet secretary.

Photo of Richard Lochhead Richard Lochhead Scottish National Party

I just want to thank Peter Peacock for contributing to the debate.

Amendment 17 agreed to.

Section 97—Assessment of engineers’ reports etc

Amendment 18 moved—[Richard Lochhead]—and agreed to.

Section 98—Notice to SEPA of revocation of appointment or resignation of engineer

Amendment 19 moved—[Richard Lochhead]—and agreed to.

Section 105—Offences by bodies corporate

Amendment 20 moved—[Richard Lochhead]—and agreed to.

Photo of Trish Godman Trish Godman Labour

That concludes consideration of amendments.