SCOTLAND is known worldwide for its natural environment’s breathtaking beauty and is home to globally important habitats and wildlife. We have 5% of the world’s peatlands and a third of the EU’s breeding seabirds. Our rivers and lochs contain 90% of the UK’s surface freshwater. But with one in 11 species currently at risk of extinction, we are facing very troubling times. The situation is compounded by Brexit. If and when we leave the EU, Scotland will lose the governance mechanisms provided by the European Commission and the European Court of Justice and with it as much as 80% of its environmental protections.
What’s more, there is currently no Scottish Environment Act to underpin how we treat our environment. This may come as a surprise to many people who know and love Scotland’s nature. But Scotland has until now relied on EU protections and with less than a month to go until the Brexit leaving date, losing these safeguards is a real cause for concern.
This is why 35 of Scotland’s leading environmental organisations have come together in the Fight for Scotland’s Nature campaign, to push the Scottish Government to act. In March 2018, the Scottish Parliament unanimously backed the coalition’s call for concrete proposals and a public consultation on the future of environmental protections.
Finally, after months of pushing, the government recently released its consultation, Environmental Principles and Governance in Scotland. This is a step in the right direction, but doesn’t go far enough and lacks the sense of urgency required at this late stage.
Scouring the document, there’s no explicit commitment to introducing legislation to give Scotland’s natural assets permanent protection. It also fails to show how the government intends to uphold the commitments it has made publicly around human rights, sustainable development and a healthy environment for all. And there’s nothing on how we’ll maintain international standards in the battle against climate change.
But all is not lost in our fight. Throughout history, people in Scotland have stood up and demanded to put things right.
Once again, we must join forces to tell our political representatives just how important our nature is to the people of Scotland. The Government must take heed of the dangers affecting our precious environment and create a world-class environment Act that is able to do justice to our world-class nature. Only when we have that do we have a fighting chance of preventing unprecedented levels of species decline.
By Charles Dundas, Chair of Scottish Environment LINK
Our campaign, Fight for Scotland’s Nature, is calling on Scottish Government to introduce a Scottish Environment Act. First and foremost the Act must embed EU and internationally recognised principles of environmental law in Scots law. One of these principles is the ‘precautionary principle’.
You may have not heard of the precautionary principle before, but we are all living under its influence – and for good reason!
What is the precautionary principle?
From everyday life to major public policy decisions, we are regularly confronted with the same basic dilemma: do we go ahead with something and is it worth the risks? In our daily life, we rely on how certain or uncertain we are of the benefits or potential consequences of a decision. For example, if you know you are allergic to almonds, you are unlikely to want to try pecan pie. Since pecans and almonds are both nuts, eating pecan pie is likely to elicit an allergic reaction.
The precautionary principle gives us a framework for evaluating and managing the same kind of decisions in public policy. It allows us to trigger policy intervention in circumstances where there are reasonable grounds for concern but where there is uncertainty about the probability of the risk and the degree of harm.
In other words, it provides a fundamental policy basis to anticipate, avoid and mitigate threats to the environment.
The precautionary principle is among the most widely referenced environmental law principles in global agreements, such as climate change and biodiversity. At the EU level, the EU Treaties reference it as one of the key principles upon which Union law on the environment should be based.
Neonicotinoids: a precautionary ban
A clear example of the application of the precautionary principle is the EU restriction of neonicotinoid pesticides. In 2013, the European Commission placed a restriction on these chemicals because of evidence that they were impacting bee populations. Then, the European Food Safety Authority (EFSA) launched a scientific assessment to identify the precise risks. Producers of these pesticides challenged the restriction in the European Court of Justice, but the Court concluded that the Commission was right to make use of the precautionary principle and take measures.
Even though there was scientific uncertainty about the degree of risk to the environment, under the precautionary principle the Commission did not have to wait until it was clear that harm had been caused before taking action. In 2018, EFSA concluded that most uses of neonicotinoid pesticides were a risk to wild bees and honeybees and the restrictions were updated accordingly.
But the prospect of the UK’s exit from the EU compromises this.
What is more, we risk losing the protection of these critically important principles at a time when major global discussions are happening under the United Nations to bring about a Global Pact for the Environment dedicated to the same environmental principles. Scotland cannot afford to be left behind European and international partners.
Environmental principles, such as the precautionary principle, must continue to form the basis of Scotland’s environment policy. To do that they need to be legally binding. In other words, we need Scottish Government to embed these principles in domestic law.
Last November, the Royal Society of Edinburgh (RSE) published an advice paper examining the implications of Brexit for Scotland’s environment. It noted that withdrawal from the EU poses significant challenges to the maintenance and improvement of the quality of Scotland’s environment unless current EU arrangements are adopted in UK and Scots law. While both the UK and Scottish Governments have stated that there should be no dilution in the implementation and enforcement of environmental regulations, it is so far unclear how this is to be achieved.
EU Directives and Regulations have been influential in shaping environmental policy in the UK. Their implementation has been accompanied by a considerable improvement in the quality of the natural environment, particularly protecting species and habitats, improving water and air quality and reducing waste. The EU has also provided the environmental principles of precaution, preventative action, prioritising the rectifying of environmental damage at source and ensuring that the polluter pays.
Many possibilities for enforcement procedures post-Brexit have been mooted, from using existing legal processes, procedures and existing government bodies, to entirely new arrangements which seek to mimic those within the EU. Having explored the options, the RSE working group recommended the establishment of a new, independent environmental scrutiny and enforcement body for Scotland to address the challenges of maintaining and improving our natural environment following the UK’s withdrawal from the EU. It is worth noting that while working independently, both Scottish Environment LINK and the RSE have reached a very similar conclusion.
EU derived legislation has tended to be implemented in a piecemeal manner. An example of this is the difficulty of reconciling the risk-based Water Framework Directive with nature protection legislation which accepts no risk to protection of some habitats and species. The RSE is of the view that both the UK and Scottish Governments should take this opportunity to develop a more integrated approach to the implementation of environment law and policy.
To action these recommendations, the RSE asked the Scottish Government and the Scottish Parliament to consider introducing a new Scottish Environment Act which would incorporate key EU environmental principles and instruments in to Scottish law to safeguard Scotland’s natural assets. The development and agreement of common frameworks between the UK and Scottish Governments is critical to this process.
It was also recognised that Brexit provides an opportunity to develop a new approach for supporting food production in Scotland that takes greater account of environmental stewardship while continuing to ensure a productive and profitable agricultural sector. Of course, the nature of the UK internal market post-Brexit, the scope for policy divergence in the devolved nations, coupled with cross cutting issues, including future trade policy; will influence farm and forest profitability and, potentially, standards which will consequently drive environmental change.
The RSE advice paper encourages both the UK and Scottish Governments to explore with EU counterparts how the UK and Scotland can maintain access to key European agencies for the environment, including the European Environment Agency, whose membership extends beyond EU Member States.
Given the strength of Scotland’s research base, particularly in the environmental field, the RSE has been clear on the importance of securing the UK’s continued direct participation in EU Framework Programmes for research, including Horizon 2020 and its successor, Horizon Europe.
From fracking to GMOs and from the introduction of a deposit return system to ambitious action on climate change, our natural environment has relied on the application of EU environmental principles. At the same time, European institutions have also provided effective oversight of compliance with EU environmental law. Just think of the ongoing legal case on air quality laws where the UK was referred to the European Court of Justice for repeatedly failing to tackle illegal levels of air pollution.
So it is very important, as the Cabinet Secretary rightly points out in the consultation document, that “we have robust arrangements for a future where there is no longer oversight from Europe” and “prepare to fulfil any new obligations to demonstrate compliance with environmental standards”.
Indeed, this consultation is the Government’s first effort to prepare Scotland’s environment for a post-Brexit reality, if and when this happens. However, it also represents part of the Government’s wider efforts to ‘develop future environmental governance arrangements based on a careful and systematic exploration at the issues and evidence’.
But if this is such a critically important exercise that will determine the very foundation of our future environmental protections, what is the Scottish Government actually proposing?
Unfortunately, the consultation does not reveal much beyond already stated commitments. As welcome as those commitments to maintain and enhance our environment as well as retain the EU environmental principles were in 2016 and 2017, today we need to know what these commitments means in practice.
So, while the consultation itself is welcome, at this point it is a set of open-ended questions. Even on gaps regarding environmental governance where the Government’s own expert roundtable concluded that there are no equivalent domestic arrangements to replicate important EU functions, the Government is not putting forward any concrete proposals.
This makes the stakes so much higher. And it makes the work of the environmental sector and all those who want to see a clean and healthy environment more important.
We need to send a strong message to Scottish Government that to achieve their stated ambition for maintaining and enhancing Scotland’s environment, we need a Scottish Environment Act which:
embeds EU and international environmental principles in Scots law so that they can underpin all environmental decision-making;
creates an independent and well-resourced watchdog to enforce environmental protections in the same way that the European Commission and Court of Justice do today; and
sets clear and ambitious targets for environmental protection alongside adequate financial resources.
Join us to make sure Scotland’s environment is protected now and in the future. You can make your voice heard by signing our petition here.
Scottish Environment LINK, a coalition of 35 Scottish environmental charities, has welcomed the much-awaited Scottish Government consultation on environmental principles and governance in Scotland. At a time of great ecological crisis, the charities believe that the prospect of Brexit threatens to unravel critical environmental protections, and are urging members of the public to respond to the consultation through an online petition calling for a Scottish Environment Act.
Charles Dundas, Chair of Scottish Environment LINK, said: “We are pleased that the Scottish Government has taken this critical first step to consult on how to protect our environment from the risks of Brexit if and when this happens, but also on how to ensure future policies deliver on our shared goals of protecting and enhancing our natural environment.
“The Government has reconfirmed its existing commitments, but now we urgently need new concrete proposals to protect our right to a healthy environment. These must lock in and build on the full spectrum of EU protections. Through the Scottish Government’s consultation, we have the opportunity to take heed of the dangers affecting our natural environment and to push for a world-class Scottish Environment Act. Only when we have that commitment do we have a fighting chance of preventing further environmental degradation and unprecedented levels of species decline.”
LINK members are confident that responses to the consultation will reveal the need for Scotland to have its own Environment Act. This is why through the joint campaign Fight for Scotland’s Nature, the charities are urging Scottish Government to put forward a Scottish Environment Act that:
Embeds EU and international environmental principles in Scots law,
Creates an independent and well-resourced watchdog to enforce environmental law in the same way that the European Commission and European Court of Justice do today, and
Sets clear and ambitious targets for environmental protection alongside adequate financial resources.
Jeremy Wates, Secretary General of the European Environmental Bureau, said: “Environmental issues such as biodiversity loss, climate change and air pollution don’t stop at borders. Whatever the outcome of the Brexit discussions, Europe’s environmental organisations want to see high standards for the environment, and for citizens’ rights on environmental matters, maintained across Scotland, the rest of the UK, and the EU. Scottish Government commitments are welcome but now is time for real action.”
Joyce McMillan, President of Scottish Environment LINK, said: “This consultation will determine the strength of our environmental protections during the vital decade ahead, and will therefore play a key role in shaping the future of Scotland’s natural environment, so essential to all of us, our future, and our well-being. It will also help define the role we are able to play in ever-more-crucial international efforts to protect our planet from the threat of environmental degradation and climate breakdown.
“Every one of us must therefore send a clear message to the Scottish Government and the First Minister that the need to protect our environment is not an option, but an absolute necessity for a healthy and sustainable future for Scotland and its people. I urge everyone to sign our petition, and join the fight for Scotland’s nature. With 1 in 11 species in Scotland at risk of extinction, we cannot afford to see any reduction in environmental standards. On the contrary, we need to take radical steps to strengthen the protections that will ensure a long-term future for the rich and wonderful natural eco-systems on which all of us, and the plants and animals we care for, finally depend.”
The Scottish Government consultation on the future of Scotland’s environment is open for consultation until 11 May and the Fight for Scotland’s Nature petition on this can be found at www.fightforscotlandsnature.scot/action/.
For media enquiries and interview requests please contact: Azra Wyart at: mediaandeventsscotland@gmail.com
Notes to Editors(s) (1) Scottish Environment LINK is the forum for Scotland’s voluntary environment community, with over 35 member bodies representing a broad spectrum of environmental interests with the common goal of contributing to a more environmentally sustainable society.
LINK is a Scottish Charity (SC000296) and a Scottish Company Limited by guarantee (SC250899). LINK is core funded by Membership Subscriptions and by grants from Scottish Natural Heritage, Scottish Government and Charitable Trusts.
www.scotlink.org www.savescottishseas.org
(2) For more information about Scottish Environment LINK’s campaign, Fight for Scotland’s Nature, visit www.fightforscotlandsnature.scot.
(3) The European Environmental Bureau (EEB) is the largest network of environmental citizens’ organisations in Europe. It currently consists of around 150 member organisations in more than 30 countries (all EU Member States plus some accession and neighbouring countries), including a growing number of European networks, and representing some 30 million individual members and supporters. For more information, please visit: https://eeb.org/.
(4) On 16 February 2019, the Scottish Government issued a consultation on environmental principles and governance. The consultation document can be accessed here: https://consult.gov.scot/environment-forestry/environmental-principles-and-governance/.
(5) To support the Fight for Scotland’s Nature petition, please visit www.fightforscotlandsnature.scot/action/.
(6) Scottish Environment LINK members wrote to the Cabinet Secretary for Environment, Climate Change and Land Reform Roseanna Cunningham to ask her to support a Scottish Environment Act. The letter is available here: https://www.fightforscotlandsnature.scot/news/environmental-charities-call-for-scottish-environment-act/.
From schoolchildren to businesses and anyone in-between, politicians are being told loud and clear that we need to urgently tackle climate change. Our natural world is already in decline with global warming being considered as the greatest cause of species extinctions this century. The Intergovernmental Panel on Climate Change (IPCC) has said that a 1.5°C average temperature rise may put 20-30% of species at risk of extinction. If the planet warms by more than 2°C, most ecosystems will struggle.
And it is not just tigers and polar bears that will struggle. The recently published “Scotland’s Nature on Red Alert” report demonstrates that the future is looking bleak for many Scottish species and habitats. Commissioned on behalf of Scottish Environment LINK, a network of over 35 environmental charities in Scotland, and WWF Scotland, the report draws together existing evidence of climate change impacts on Scotland’s biodiversity.
In Scotland, climate change is changing the habitats of many species to such an extent that they can no longer live there. Species such as the Snow bunting is already a conservation concern as its mountaintop habitats are under threat, due to higher temperatures leading to less snow cover. Scotland’s globally significant machair habitat, only found in northern Scotland and north-west Ireland, is under threat from rising sea levels. Machair holds a variety of plants and insects which attract birds such as the Corncrake and the Corn bunting; it is also the last UK stronghold of the Great yellow bumblebee.
Climate change is warming our rivers and seas. Forecasts indicate that Scotland may lose its White beaked dolphin population, as it is already at the edge of its range and is being pushed further north with warming seas. Some of our most well-known fish species, such as Atlantic salmon and Arctic charr, prefer colder waters but as water temperatures rise, this will threaten the survival and growth of their eggs. Whilst Scotland is regarded as a stronghold for the Arctic charr, a recent study showed that 10 out of the 11 UK populations of Arctic charr studied have declined in abundance since 1990.
Warmer waters are also affecting the availability of food for many of our seabirds. For example, Kittiwakes, which have declined by approximately 60% since 1986, rely on sandeels. Sandeels feed on zooplankton, including the copepod Calanus finmarchicus which does not do well in warmer waters. So as our waters get warmer, sandeel populations decline which then affects seabirds such as the Kittiwake.
Climate change is also affecting food sources of other species such as the Golden plover and the Capercaillie. Changing climate conditions upset the availability of food on which chicks rely on. Specifically, a wet June reduces the Capercaillie chick’s ability to forage for insects, with those chicks that eat less have a reduced chance of survival. For the Golden plover there is now a mismatch between the annual breeding time and the annual emergence of the chicks’ critical food source, craneflies.
In Scotland, climate change impacts on biodiversity will be further compounded due to our geography. With Scotland located at the western edge of the European continent, many species will simply have nowhere to go as the Atlantic Ocean is a natural barrier to their movement.
These species losses are potentially devastating, and not just in terms of our environment’s natural and cultural value but also because of the ecosystem services our species and habitats provide. We rely on those services for our own wellbeing and to mitigate the impacts of climate change. If our peatlands dry out, they can no longer store as much carbon for us and our rivers may no longer protect us from flooding if rainfall levels rise.
To stem the tide of species decline in Scotland, we need to drastically cut greenhouse gas emissions by 2030 and reach net zero emissions by 2050 at the latest. However, emissions will go down faster if we have a healthy environment that can sequester carbon, while continuing to provide important ecosystem services such as pollination, clean water and air. In other words, ambitious climate targets will only really deliver if we restore the health of our nature and improve its resilience to climate change.
Therefore, the Scottish Parliament must ensure that the new Scottish Climate Bill fully reflects the ambition of the Paris Agreement to limit the temperature increase to 1.5°C by introducing ambitious targets ending Scotland’s contribution to climate change, and back these up with action to secure the future of Scotland’s wildlife. Anything less compromises Scotland’s already fragile biodiversity.
Craig Macadam, Vice Chair of Scottish Environment LINK. A version of this article was featured in the Friends of the Scotsman on 8 February here.
The need to focus on overall consumption reduction, improve our metrics, be mindful of the importance of biodiversity, and introduce a circular economy bill to drive radical and systemic change, were some of the findings of a recent seminar.
An OECD report published last year finds that the world’s consumption of raw materials is set to double by 2060 and we know that in Scotland we consume more than our fair share. Much of the environmental and social impact of our consumption falls beyond our borders and there is a massive moral imperative to reduce our consumption of raw materials. Scottish Environment LINK’s project, A Circular Economy for a Fairer Footprint, aims to garner support for legislation and policies to increase circularity of the Scottish economy.
LINK recently held a seminar to discuss pathways to a more resource efficient and circular economy in Scotland. Participants came from the public, private and third sectors and we heard about progress to date, experience from other parts of the UK, and areas of policy development. It was a thoroughly stimulating morning and there were a number of points which struck me.
First, there was widespread support amongst participants for our emphasis on a fairer footprint and agreement that we should be pushing for a circular economy which goes beyond increased efficiencies to one with an overall reduction in consumption of raw materials.
Second, that radical change is needed. Scotland has rightly been commended for the leadership shown in taking forward a number of projects and areas of work to support increased circularity. However, much of what has been done has involved working with the ‘interested and willing’ and to really make a difference we need more radical and systemic change. The seminar heard about a recently completed study in Finland which looked at how fiscal reform could incentivise the shift to circularity. In the UK the proposed tax on plastic bottles which contain less than 30% recyclate is a start.
Third, although the circular economy is often presented in terms of economic opportunities, the shift required represents a real challenge to business. Often the changes needed can not be achieved by tweaks to existing models. Clear policy horizons and level playing fields are good for business and the lack of the former is one of the reasons that private investment in the circular economy is low.
Fourth, for many Scottish Environment LINK members, the absence of biodiversity in the discourse about a more circular economy is a concern. We know that biodiversity provides us with many life support functions, and we need to co-exist with biodiversity, allowing it to flourish alongside us. Biodiversity not only suffers at the hand of our current economic activities, it also offers some of the solutions; in particular playing an integral part of more circular land-use practices where natural recycling and predator systems can replace the need for artificial inputs.
Fifth, the development of metrics to enable us to assess the quantities of materials being consumed and the impact that is having on our planet is very important. Work is under way which will provide basic data for Scotland soon and this is a hugely important step which will inform policy development and allow us to monitor progress. However, material flow and consumption data is based on weight and, although this can be complemented with information on carbon, it still falls short of giving us the full picture in terms of environmental impact.
Sixth, extended producer responsibility (EPR), currently applied narrowly and widely felt ineffectively, theoretically has enormous scope. It could be applied, for example, to the production of white goods or furniture. Westminster are soon to consult on reform of EPR and we need to think about its potential.
Finally, the seminar discussed a circular economy bill for Scotland. This was promised in the 2016 SNP manifesto but has not yet been brought forward. Such a bill could demonstrate intent and provide the clear policy signal that we need. The next step for the Circular Economy for a Fairer Footprint project will be to develop a call for a circular economy bill, drawing on the expertise of others and bringing together a coalition of organisations.
Phoebe Cochrane is Scottish Environment LINK’s Sustainable Economics Policy Officer and leads the Circular Economy for a Fairer Footprint project.
The need to focus on overall consumption reduction, improve our metrics, be mindful of the importance of biodiversity, and introduce a circular economy bill to drive radical and systemic change, were some of the findings of a recent seminar.
An OECD report published last year finds that the world’s consumption of raw materials is set to double by 2060 and we know that in Scotland we consume more than our fair share. Much of the environmental and social impact of our consumption falls beyond our borders and there is a massive moral imperative to reduce our consumption of raw materials. Scottish Environment LINK’s project, A Circular Economy for a Fairer Footprint, aims to garner support for legislation and policies to increase circularity of the Scottish economy.
LINK recently held a seminar to discuss pathways to a more resource efficient and circular economy in Scotland. Participants came from the public, private and third sectors and we heard about progress to date, experience from other parts of the UK, and areas of policy development. It was a thoroughly stimulating morning and there were a number of points which struck me.
First, there was widespread support amongst participants for our emphasis on a fairer footprint and agreement that we should be pushing for a circular economy which goes beyond increased efficiencies to one with an overall reduction in consumption of raw materials.
Second, that radical change is needed. Scotland has rightly been commended for the leadership shown in taking forward a number of projects and areas of work to support increased circularity. However, much of what has been done has involved working with the ‘interested and willing’ and to really make a difference we need more radical and systemic change. The seminar heard about a recently completed study in Finland which looked at how fiscal reform could incentivise the shift to circularity. In the UK the proposed tax on plastic bottles which contain less than 30% recyclate is a start.
Third, although the circular economy is often presented in terms of economic opportunities, the shift required represents a real challenge to business. Often the changes needed can not be achieved by tweaks to existing models. Clear policy horizons and level playing fields are good for business and the lack of the former is one of the reasons that private investment in the circular economy is low.
Fourth, for many Scottish Environment LINK members, the absence of biodiversity in the discourse about a more circular economy is a concern. We know that biodiversity provides us with many life support functions, and we need to co-exist with biodiversity, allowing it to flourish alongside us. Biodiversity not only suffers at the hand of our current economic activities, it also offers some of the solutions; in particular playing an integral part of more circular land-use practices where natural recycling and predator systems can replace the need for artificial inputs.
Fifth, the development of metrics to enable us to assess the quantities of materials being consumed and the impact that is having on our planet is very important. Work is under way which will provide basic data for Scotland soon and this is a hugely important step which will inform policy development and allow us to monitor progress. However, material flow and consumption data is based on weight and, although this can be complimented with information on carbon, it still falls short of giving us the full picture in terms of environmental impact.
Sixth, extended producer responsibility (EPR), currently applied narrowly and widely felt ineffectively, theoretically has enormous scope. It could be applied, for example, to the production of white goods or furniture. Westminster are soon to consult on reform of EPR and we need to think about its potential.
Finally, the seminar discussed a circular economy bill for Scotland. This was promised in the 2016 SNP manifesto but has not yet been brought forward. Such a bill could demonstrate intent and provide the clear policy signal that we need. The next step for the Circular Economy for a Fairer Footprint project will be to develop a call for a circular economy bill, drawing on the expertise of others and bringing together a coalition of organisations.
By Phoebe Cochrane, Scottish Environment LINK’s Sustainable Economics Policy Officer and lead for the Circular Economy for a Fairer Footprint project which is funded by Friends Provident Foundation.
On Monday 10 December, celebrated across the globe as the International Human Rights Day, the First Minister’s Advisory Group on Human Rights Leadership published its recommendations on “how Scotland can continue to lead by example in the field of human rights”. Entitled “Recommendations for a new human rights framework to improve people’s lives”, the report recommends that an Act of the Scottish parliament is passed to embed economic, social, cultural and environmental rights into Scots law. The First Minister has welcomed the recommendations, and as a first step has announced a taskforce will be established in the new year to progress the plans.
Scottish Environment LINK’s members and Fellows have, during 2018, been pleased to attend meetings of the Advisory Group’s reference group as well as a specific Round Table meeting on the environment. LINK was, therefore, delighted to welcome the report’s recommendation in relation to environmental rights.
The Group have recommended that the new Scottish legislation should include, alongside economic, social and cultural rights a specific right to a healthy environment. It says:
“This overall right will include the right of everyone to benefit from healthy ecosystems which sustain human well-being as well the rights of access to information, participation in decision-making and access to justice. The content of this right will be outlined within a schedule in the Act with reference to international standards, such as the Framework Principles on Human Rights and Environment developed by the UN Special Rapporteur on Human Rights and the Environment, and the Aarhus Convention.”
Scottish Environmental LINK’s Chair, Charles Dundas, responded that:
“This is a hugely important recommendation which recognises the fundamental significance of the environment to our health and wellbeing. We cannot get to a fairer Scotland without a healthy environment.”
LINK’s members therefore welcome this recommendation and look forward to working with the new taskforce and subsequently the Scottish Parliament to implement this proposal. In addition to the general importance of this proposal, it is also important to note that the Advisory group was set up in the context of ‘Brexit’ with the First Minister commenting:
“I wanted to ensure Brexit does not harm human rights in Scotland and that we remain in step with future advances in EU human rights. I also asked for recommendations to ensure Scotland is an international leader in respecting and enhancing human rights”.
Intrinsically, the environment is an international and cross-border issue and 70-80% of our domestic laws relating to the environment originate in Europe. Thus, there can be no doubt that, if or when Brexit happens, the environment – and the laws and policies to protect and enhance our environment – will be severely affected. To meet the First Minister’s ambition of international leadership, therefore, this recommendation must be fully and honestly implemented in parallel with other actions made necessary by Brexit.
A key post-Brexit challenge for all the UK’s governments is the so-called “governance gap”. At present, the various institutions of the EU (notably the European Environment Agency, the European Commission and the European Court of Justice) undertake a range of environmental policy functions. In their absence, these functions will need to pass to existing or new bodies within Scotland and/or the UK. The Scottish Government has recognised this challenge, and sought advice from a sub-group of its Round Table on Environment and Climate Change. A consultation paper on possible ways forward is expected imminently.
These matters interrelate, however, as a key part of any right to a clean and healthy environment is the right for citizens, communities and NGOs to challenge decision-makers in relation to matters that may undermine the enjoyment of that right – or may be contrary to legislation that seeks to give it effect.
At present, the European Commission’s complaint procedure is one affordable and accessible mechanism by which citizens, communities and NGOs can raise concerns. By contrast, domestic procedures such a Judicial Review are costly and usually cannot address the merits of the issue. This underlines the importance of the Advisory Group’s recommendation that the implementation of the right must include access to justice – with reference to international standards such as the Aarhus Convention and the UN Framework Principles on Human Rights and the Environment. Present arrangements have been shown to be contrary to the Aarhus Conventions requirements.
LINK members therefore see the forthcoming Scottish Government consultation on post-Brexit governance and the proposed new environmental right as intrinsically linked. They both contribute to a better Scotland, where our environment is protected and enhanced, and is recognised as underpinning our own health and wellbeing. It is essential also that the engagement, participation and rights of citizens, communities and NGOs in environmental matters is both recognised and enhanced. Unless the latter is delivered, we cannot be the ‘international leaders’ that the First Minister aspires to be.
So, as we enter 2019 (and possibly the likely outcome of the Brexit debates become clearer), where now?
First, LINK members look forward to working with the First Minister’s new taskforce on human rights implementation.
Secondly, we also look forward to seeing and responding to the Scottish Government’s consultation on (post-Brexit) EU environment principles and governance.
Thirdly, however, we must implement these measures with a clear vision of the importance of the environment, clear ambition for its protection and conservation and determination to deliver these outcomes. This is why LINK has welcomed the Scottish Government’s development of a long-term strategy for the environment – and debates relating to post-2020 ambitions for climate change and biodiversity.
But, consultations, discussions and strategies are insufficient. There is a clear need to underpin this all in a Scottish Environment Act – this is the key aim of the LINK members’ campaign to “Fight for Scotland’s Nature”. Such an Act should set clear ambitions, require actions to deliver those ambitions, underpinned by the EU environmental principles and supported by new governance mechanisms – including the implementation of the new environmental rights.
By Lloyd Austin, Convener of LINK’s Governance Group
From the air we breathe to the food we eat, Scotland needs seas full of life. Yet they are struggling. With the tide of ocean plastics awareness, resistance to mechanically stripping pristine kelp forests, community monitoring of scallop dredge damage in Loch Carron, Firth of Lorn and Loch Gairloch and a growing consensus for overhauling aquaculture, more and more people realise this.
Scotland’s seas are home to thousands of species, including commercially important fish and shellfish and charismatic whales, dolphins, seals, seabirds and basking sharks, all supporting livelihoods and coastal communities. Seagrass meadows, kelp forests, cold water coral reefs, rich burrowed sediments, maerl, flameshell, native oyster and horsemussel beds are the engine-room, also storing carbon that would otherwise contribute to climate change. Our seas also provide much needed space to relax, explore and exercise, to swim, snorkel, dive, sail and walk beside.
However, they need help. Climate change, overfishing, unsustainable development, invasive species, noise and litter are pushing them beyond environmental limits. Over the last decade many thousands across Scotland, coastal communities, industry and environment groups alike, have called for better. The watershed Marine (Scotland) Act 2010 overhauled an outdated licensing system and enshrined duties to protect and enhance Scotland’s seas, deliver sustainable development, mitigate and adapt to climate change and establish a National Marine Plan and Marine Protected Area (MPA) network. In 2014, 30 new nature conservation MPAs were created, in 2016 fisheries protection measures introduced in the 16 most vulnerable inshore sites and a large Harbour Porpoise site submitted to EU and in 2017 the Loch Carron emergency MPA established and a Government commitment to scoping a deepwater marine reserve made. In a northeast Atlantic context Scotland is therefore ahead of the curve and must be recognised as such, but progress has slowed. Consultation on fisheries measures for a further 17 inshore sites is expected early next year and measures for 18 offshore sites long-submitted by the Scottish Government still await formal EU approval. Many therefore remain at risk of being “paper parks”.
Known gaps in Scotland’s MPA network also exist, including for marine birds, whales, dolphins and basking sharks, as well as for white-beaked dolphins, spiny lobsters and additional sites for the critically endangered common skate. In January 2018, a Budget deal was secured to ensure four much-needed MPAs would be consulted on, now postponed until early 2019. Whatever the timescale, key to success will be ensuring sites are protected, concerns over which have been raised with reported incursions of scallop dredgers into protected sites, and effective monitoring of seabed health to gauge if measures are working and recovery happening. The Scottish Government is due to report on Scotland’s MPA network to Parliament by the end of the month.
Recovery beyond MPAs is also needed and here the National Marine Plan is crucial. In April 2017, scallop dredging damage to Loch Carron flameshell beds activated a general policy requiring that the national status of Priority Marine features (PMFs) must not be significantly impacted. An emergency MPA, containing what is possibly the world’s largest flameshell bed, was subsequently established and the Scottish Government committed to improve protection for 11 PMFS at greatest risk from fishing outside MPAs, with a consultation due next year. The National Marine Plan also guides regional marine planning, an important mechanism for inshore recovery, and 11 marine regions have been identified. However, only Shetland and the Firth of Clyde are actively developing draft plans, with Orkney anticipated next.
Loch Carron also underlined the recognised need to modernise inshore fishing, with comprehensive vessel monitoring and traceability key to consumer confidence. As pressure from other industries such as aquaculture and marine tourism also grows, the need for a precautionary and ecosystem-based approach to use and enjoy our seas within environmental limits has never been greater.
During this Year of Young People, a survey recorded that 11 to 26 year olds thought our seas should be protected but that more effort was needed. Announcing the results at the Sea Scotland 2018 conference, Jack Dudgeon, Vice Chair and Member of the Scottish Youth Parliament, reminded us that young people care about the environment and that they will live with the implications of today’s decisions for the longest time. As we approach the end of 2018 and near 2020, a target ‘super’ year for many important international commitments, all opportunities to boost the health of Scotland’s seas must be grasped for the benefit of current and future generations.
Calum Duncan Head of Conservation Scotland, Marine Conservation Society Convener, Scottish Environment LINK’s Marine Group
This blog was published in The Scotsman here on 12 December
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