May 22nd, 2018 by ie-adminIn response to the publication of the Scottish Natural Heritage (SNH) 2017 report on Scotland’s progress towards the 2020 Aichi Targets on biodiversity, Scottish Environment LINK members urge Scottish Government to step up efforts to halt biodiversity loss.
Out of the 20 targets that Scotland is committed to meeting in less than two years, only 7 are on track. For 12 targets progress is insufficient and “unless we increase our efforts the target[s] will not be met by [the] deadline”, according to the report. The remaining critical target that tracks financial resources available, which are key to delivering many of the other targets, is falling, meaning that we are moving away from the target. The report highlights that “total funding figures for most of the Scottish organisations that have some biodiversity remit have also declined in the last 5 years”.
Commenting on behalf of Scottish Environment LINK members:
Charles Dundas, Scottish Environment LINK Chair said: “With almost 1 in 10 species in Scotland at risk of extinction, biodiversity loss is happening at our doorstep. We simply cannot afford to repeat history and miss the 2020 deadline, as happened in 2010. We call on Scottish Government and SNH to refocus efforts ahead of 2020 and to consider strategic opportunities for more effective action beyond 2020. Our members are ready to engage in a constructive way and help support an ambitious path forward for the protection of our natural environment.”
Craig Macadam, Scottish Environment LINK Vice-Chair and Wildlife Subgroup Convenor added: “The SNH report findings reveal a very mixed picture of our progress towards meeting the Aichi Targets. Our members are involved in the delivery of many of the projects that contribute towards halting biodiversity loss, but with diminishing financial resources available for conservation work, our environment, already vulnerable due to climate change and other human activities, will suffer.”
Contact details
Craig Macadam, LINK Wildlife Subgroup Convenor: craig.macadam@buglife.org.uk
or Daphne Vlastari, LINK Advocacy Manager: daphne@scotlink.org, 0131 225 4345
Editors’ Notes
(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. ukvps3.ie-dev.co.uk/scotlink-wordpress/ / www.savescottishseas.org
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.
(2) Scotland’s Biodiversity Progress to 2020 Aichi Targets Interim Report 2017 is available here: https://www.snhpresscentre.com/resources/3lfef-0uagk-5qmqq-3b8t0-41k91
(3) On 26 March 2018, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), described as the “IPCC for biodiversity”, released the results of the most comprehensive biodiversity study in more than a decade, written by more than 500 experts from over 100 countries. It concluded that such is the rate of decline that the risks posed by biodiversity loss should be considered on the same scale as those of climate change. Human destruction of nature is rapidly eroding the world’s capacity to provide food, water and security to billions of people. This alarming trend endangers economies, livelihoods, food security and the quality of life of people everywhere. For more information about IPBES and its assessments visit www.ipbes.net
(4) In a report developed in 2016 by a coalition of 53 wildlife organisations, many of which are members of Scottish Environment LINK, it was revealed that almost one in ten Scottish species are at risk of extinction.
The State of Nature 2016: Scotland highlights that there is grave concern particularly for some species including more than half of vascular plants, such as juniper, and 39% of butterflies. There are also serious concerns for a quarter of Scotland’s birds including upland species such as dotterel and curlew, and seabirds such as puffins and kittiwakes.
The State of Nature report confirms that our nature is facing great pressures from land-use change while climate change and human activities are having a particular impact on internationally important marine habitats and species, resulting in declines and alterations to species’ distributions and community composition.
What is more, Scotland’s Biodiversity Intactness Index (BII) is 81.3% when values under 90% indicate that “ecosystems may have fallen below the point at which they can reliably meet society’s needs” (Hayhow et al., 2016: 3). Scotland ranks in the bottom fifth of all 218 countries analysed; 36th from the bottom.
This level of degradation reflects historical losses that took place in the course of the 20th century and further back. Given the significant losses that we have already incurred in Scotland, it is of paramount importance that we work to safeguard and enhance our environment going forward. Indeed, still today we are working to redress errors of the past such as: i) Commercial afforestation and drainage resulted in the loss of 44% of Scotland’s blanket peat bog between the 1940s and the 1980s; ii) Although grasslands cover around one-quarter of Scotland, after decades of human intervention less than 1% of this is semi-natural. Between the 1940s and 1980s, the area of broadleaved and mixed woodland fell by 23% and 37% respectively, and native Caledonian pine forests now cover less than 90,000 hectares – just over 6% of the original area.
The importance of nature in Scotland is apparent, not just in terms of natural and cultural wealth but also the economic benefits it brings: 14% of jobs are supported by the natural environment.
Scottish Environment LINK members warmly welcome the Scottish Parliament’s Local Government and Communities Committee has today set out its recommendations to strengthen the Scottish Government’s Planning (Scotland) Bill. Planning influences and regulates the use of land and as such can have huge environmental consequences and drive sustainable development.
Scottish Environment LINK members and their supporters are therefore frequently involved in the planning process and LINK has been involved throughout the reforms leading up to the current bill.
Commenting on the recently published committee report on behalf of Scottish Environment LINK:
Aedán Smith, Convener of the Scottish Environment LINK Planning Group said:
“We welcome this report from the Local Government and Communities Committee. A strong and effective planning system is critical to achieving sustainable development and many of the Committee’s recommendations would help the planning system make Scotland a better place for people and the environment. However, there are a number of areas where the Planning Bill needs to be improved further. For example, we are particularly concerned about the proposal to remove ‘Main Issues Reports’ from development plans, which could seriously reduce opportunities for planning authorities, developers and communities to identify and agree on the most sustainable development options for local areas. We hope these issues will be able to be addressed as the Bill progresses.”
Clare Symonds, Deputy Convener of the Scottish Environment LINK Planning Group said:
“We commend the cross-party Local Government and Communities Committee for their well-considered and thorough examination of the Planning Bill and for taking into account the views of those who took part in the consultation. The committee has recognised the value of planning, the need for the purpose for planning to be explicitly identified in the Bill and the importance of community engagement in the process. Many of the recommendations of the report, particularly the introduction of a purpose for planning and the strengthening of community engagement, are critical to improve planning and address the widespread feelings of distrust within communities. Importantly, for communities throughout Scotland who are calling for equal rights of appeal, the report urges the Scottish Government to review appeal rights, emphasising that people should be engaged in planning ‘at all stages’. We hope that the Scottish Government will recognise the over-whelming call for equal rights for communities on appeals and will use this opportunity to address long-standing concerns about inequality, rectifying a longstanding injustice in Scotland’s planning system”
Download the press release here.
Contact details
Aedán Smith MRTPI, Convenor of Scottish Environment LINK Planning Group, RSPB Scotland Head of Planning and Development
E-mail aedan.smith@rspb.org.uk
Tel 0131 317 4100
Daphne Vlastari, Scottish Environment LINK Advocacy Manager
E-mail: daphne@scotlink.org
Tel 0131 225 43 45
Editors’ Notes
(1) The Local Government and Communities Committee have made wide ranging recommendations, reflecting the broad nature of the bill and its potential impact on Scotland’s people and environment. LINK broadly welcomes many of the recommendations, many of which complement the recommendations LINK have made. In particular, LINK welcomes recommendations for the Bill to set out a purpose for planning, to improve coherence with other policy areas such as climate change and to make a number of improvements to development plans. However, LINK remains concerned that the Bill’s proposals to remove “Main Issues Reports” from development plans could seriously reduce opportunities for community engagement and environmental scrutiny. The Bill also does not go nearly far enough to balance the appeal rights of applicants and communities.
(2) 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.
ukvps3.ie-dev.co.uk/scotlink-wordpress/
www.savescottishseas.org
(3) Scottish Environment LINK Stage 1 Briefing to the Planning Bill is available here: http://www.scotlink.org/files/Scottish-Environment-LINK-Planning-Bill-Stage-1-Briefing_May2018_FINALdraft.pdf
Scottish Environment LINK evidence to the Local Government and Communities Committee on the Planning Bill is available here: http://www.scotlink.org/public-documents/link-evidence-submission-on-the-planning-bill/
(4) The Local Government and Communities Committee report on the Planning Bill is available here: https://digitalpublications.parliament.scot/Committees/Report/LGC/2018/5/17/Stage-1-Report-on-the-Planning–Scotland–Bill
(5) Help us plan a better Scotland: Support our e-action: https://act.foe.scot/help-plan-better-scotland
In response to the public consultation launched on 10 May by the UK Department for Environment, Food and Rural Affairs, Scottish Environment LINK Chair Charles Dundas of Woodland Trust Scotland noted the following:
“We note the publication of the Defra England and UK reserved matters consultation on the creation of a new independent environmental watchdog and the application of environmental principles. The issues that the consultation seeks to address are common to all four countries of the UK and emanate as a result of the UK’s exit from the EU. Given the devolved nature of environmental policy, we have welcomed the Scottish Government’s commitment to ensuring that the internationally recognised principles of environmental law captured in EU Treaties are carried forward in domestic law in Scotland. What is more, the Scottish Government has committed to addressing the entire spectrum of governance functions that so far have been carried out by EU bodies, including the critical role of the European Commission and European Court of Justice. We expect the Scottish Government proposals on environmental governance and principles to deliver the highest levels of environmental protection and accountability and drive ambition across the UK.”
For more information, please contact Daphne Vlastari, Scottish Environment LINK Advocacy Manager (daphne@scotlink.org; 0131 225 4345)
A poll of 1,000 Scots conducted by Survation on behalf of Scottish Environment LINK reveals overwhelming public support in favour of a farm subsidy system that delivers for the environment.
77% of respondents would like to see farm support be conditional to land managers showing that they are supporting wildlife and are reducing climate impacts.
The poll suggests that people want to see a variety of issues addressed by our farming sector such as reducing the use of pesticides and antibiotics, promoting organic production and increasing animal welfare. To pursue those objectives, farmers also need support to enhance skills and knowledge, sustain the sector in the long-term by supporting young farmers and enabling farmers to supply local shops, markets, schools and hospitals.
This poll confirms public support for Scottish farming as a sector and an appetite to see Scottish farmers thrive while enhancing our environment and landscape.
Commenting on the survey results, Pete Ritchie Leader of LINK’s food and farming subgroup said:
“We knew the Scottish public were concerned about the environment, but this poll shows very high levels of cross-party support for a food and farming policy which delivers public goods and a strong local food economy. The forthcoming Good Food Nation bill offers a great opportunity to refocus public support for farming on delivering public value.”
Vicki Swales, Head of Land Use Policy for RSPB Scotland and Convenor of LINK’s Land Group commented:
“We think it is right that public money is used to support farming and crofting but it must be well targeted and focused on delivering public goods. That means supporting farmers and crofters for managing their land in ways that are good for wildlife, reduces climate warming greenhouse gases and improves water quality, amongst other things. This poll shows that is what the majority of the public also want. We urge the Scottish Government to develop farming policy now that will deliver this.”
Scottish Environment LINK wants to see farming thrive in Scotland, as part of a sustainable rural economy and cohesive rural communities. Farming can increase biodiversity, deliver positive animal welfare for farm animals, support nature tourism, create good jobs and deliver a wide range of public goods such as clean water, flood protection, locking up carbon and iconic landscapes. This can be best achieved by ensuring that public policy on farming is part of wider policy debate on the sort of Scotland we want to live in – linked in to our commitments on the Sustainable Development Goals, on biodiversity, on climate change, on land reform, and on reducing poverty and inequality.
To do this, regardless of the outcome of current Brexit discussions, and with respect for the devolution settlement, Scottish Environment LINK members support that we:
- Retain current levels of public investment in our rural areas. The challenges facing farming, crofting and other rural land use businesses and the environment are too great to ignore and we cannot afford to lower the level of public expenditure in the rural sector. Without public investment, these challenges will not be met and opportunities will be missed.
- Reshape how we spend public money, allocating resources in three main ways:
- public money for public goods with the lion’s share of resources focused on this;
- investments to facilitate change such as helping farming, crofting, forestry and other rural businesses adapt and develop, improve business efficiency and explore market opportunities; and,
- investments in supporting activities including research, knowledge transfer, advice and training.
- Renew our rural areas for the benefit of all of us: rewarding farmers, foresters and other land managers for the full range of goods and services they provide and helping rural businesses become more profitable and sustainable; protecting and enhancing the environment and the natural resources that underpin economic activity; and, spending taxpayers’ money effectively, helping to create good livelihoods and jobs and contributing to our health and wellbeing.
Contact details
Pete Ritchie, Leader of the LINKs Food and Farming Subgroup & Executive Director at Nourish Scotland
pete@nourishscotland.org.uk
or Daphne Vlastari, Scottish Environment LINK Advocacy Manager
daphne@scotlink.org, 0757 211 33 79
Editors’ Notes
[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.
ukvps3.ie-dev.co.uk/scotlink-wordpress/
www.savescottishseas.org
ukvps3.ie-dev.co.uk/scotlink-wordpress//local
[2] Survation is market research firm who are trusted partners to well-known brands and organisations in the UK. http://survation.com/who-are-we/
[3] The survey results were published in “The Scotsman”, read the full article here: https://www.scotsman.com/news/environment/poll-most-scots-want-farmer-payments-tied-to-nature-protection-1-4734005
[4] Full survey results available here: http://survation.com/wp-content/uploads/2018/02/CAP-Poll-ScotLINK-Tables.pdf
[5] LINK’s position paper on the “Future of Farming and Rural Land Use in Scotland” is available here: http://www.scotlink.org/files/LINK-Future-of-Farming-and-Rural-Land-Management_March2017.pdf
[6] Download the full press release here.
Read our press release published today (Tuesday 27 March) on the feasibility of an Environmental Rights Centre for Scotland
LINKPREnvironmentalRightsCentreScotland
Fifty organisations, academics and individual farmers[1] including the National Farmers’ Union of Scotland, Scottish Land and Estates, Scottish Crofting Federation and Scottish Environment LINK members are calling on the Scottish Government to do more to help agriculture turn a corner and substantially reduce its greenhouse gas emissions.
In a joint letter[2], the signatories urge Cabinet Secretaries Roseanna Cunningham and Fergus Ewing to support farming practices that are less damaging to our climate, putting us on a path to net-zero greenhouse gas emissions from agriculture by 2050.
Pete Smith, Professor of Soils and Global Change at University of Aberdeen Science and Director of Scotland’s ClimateXChange said:
‘The land sector contributes about 24% of all human greenhouse gas emissions, so action in farming needs to be part of the climate solution. By adopting this ambitious net carbon neutral target for the agricultural sector, Scotland has the opportunity to lead the world toward the goals and targets set out under the Paris Agreement.’
Jim Densham, from RSPB Scotland, said:
‘Farmers and crofters can help halt climate change by adopting carbon-neutral farming systems and practices. Such action can help farmland wildlife at the same time; the benefits go hand in hand. It’s clear there is widespread demand for Government to take action and put in place a strong suite of policies to make the transition to these systems the obvious choice for all farmers and crofters’
Pete Richie, Executive Director of Nourish Scotland and Leader of Scottish Environment LINK’s Food and Farming Subgroup, said:
‘We welcome this commitment from the farming sector and others to an ambitious long-term target to tackle climate change. All farmers, large and small, tenants and owners now need the support and knowhow to help them deliver’.
Andrew McCornick, President of NFU Scotland, said:
‘Scotland’s farmers and crofters deliver a huge amount for the environment whilst producing high quality food. With the right support, I am confident we can increase this alongside reducing our emissions and increasing our profitability. That bright future is a goal we should all unite around and I am delighted to see the widespread support it has already secured.’
Davide Johnstone, Chairman of Scottish Land & Estates, said:
‘Scottish Land & Estates is pleased to support this drive towards carbon-neutral farming. No sector should be immune from our collective efforts to tackle climate change and farmers and land managers have a vital role to play. Some of the changes that we need to see will be challenging to established ways of doing things, but with the right policies in place, and the right support, advice and training, farmers and land managers can deliver a great deal.’
Individual farmers also commented:
Carey Coombs from Weston Farm[3] said: ‘Scottish farmers have always been great innovators. Given the chance they will grasp the opportunities to be at the forefront of the adoption of modern farming techniques that will integrate quality food production within balanced agri-ecological systems.’
Antonia Ineson, from Myreside Organics[4] said: ‘Addressing climate change through farming systems which protect soils, avoid the use of artificial fertilisers, and sell efficiently to local markets needs to be a key part of Scotland’s new Climate Change Bill.’
***
For more information, please contact:
Phoebe Cochrane, Scottish Environment LINK climate change policy officer | E-mail: Phoebe@scotlink.org
NOTES TO EDITORS
[1] The full list of signatories includes:
Organisations: Anaerobic Digestion and Bioresources Association (ADBA), Biodynamic Association, Buglife Scotland, Caledonian Organic, Church of Scotland, Compassion in World Farming, Commonweal, Community Land Scotland, Cyrenians Federation of City Farms and Community Gardens, Friends of the Earth Scotland, Food Ethics Council, Froglife Trust Scotland, Glasgow Community Food Network, Global Justice Now, National Trust for Scotland, NFU Scotland, Nourish Scotland, Organic Growers Alliance, Permaculture Scotland, Propagate, RSPB Scotland, Royal Scottish Geographic Society, Scotland the Bread, Scottish Allotments and Gardens Society, Scottish Badgers, Scottish Crofting Federation, Scottish Farming and Wildlife Advisors Group, Scottish Land and Estates, Scottish Organic Forum, Scottish Organic Producers Association (SOPA), Scottish Rural Action, Scottish Wildlife Trust, Scottish Wild Land Group, Soil Association Scotland, Stop Climate Chaos Scotland, Tweed Forum, Unite Scotland, Woodland Trust & WWF Scotland.
Individuals: Professor James Curran; John B Cameron, Member, Livestock Health Scotland; Professor Dave Reay, Professor of Carbon Management, University of Edinburgh; Professor Pete Smith, Professor of Soils and Global Change, University of Aberdeen; Lorna Murray, Member of Scottish Churches Rural Group & Professor Davy McCracken, Head of SRUC’s Hill and Mountain Research Centre.
Individual farmers: Antonia Ineson, Myreside Organics Hazel Mackenzie, Shetland crofter, member of the Nature Friendly Farming Network & Michael Clarke, Dumfriesshire Farmer, member of the Nature Friendly Farming Network Carey Coombs, Farmer
[2] The letter can be accessed here.
[3] Western Farm is 350 ha livestock farm in Dunsyre. It specialises in Upland beef and sheep – pedigree beef Shorthorns and commercial Lleyn ewes.
[4] Myreside Organics is a small market garden on a longstanding mixed organic farm in Perthshire. It grows salads and vegetables for sale in the local area, through farmers markets, to restaurants and to customers who live nearby. The aim is to produce food which is sustainable, in soil which stores carbon, in a way which protects biodiversity
[5] Further background information:
• Agriculture currently contributes 22.5%1 of Scotland’s total greenhouse gas emissions and needs to bring its emissions down, along with other sectors, if we are to meet our commitments under the Paris Agreement.
• The UK Committee on Climate Change found that ‘Overall, the ambition in the agricultural sector and the focus on voluntary measures is concerning. Agriculture will need to make a greater contribution to meeting emissions targets.’
• The upcoming Scottish Climate Bill is an opportunity to bring forward new legislation to drive a change in agriculture. Consultation on the content of the Bill closed in Autumn 2017. The Bill is expected in May 2018.
//ends//
Amendments to protect EU environmental principles and address governance gaps post-Brexit are expected to be passed today with cross-party support by the Scottish Parliament. Environmental organisations have called on Westminster to follow Scotland’s lead.
Amendment 39 by Claudia Beamish MSP, supported by Colin Smyth MSP and amendment 56 by Mark Ruskell MSP are expected to be passed by the Scottish Parliament when the vote on the Scottish Continuity Bill takes place later today, on the afternoon of 21 March [1].
Environmental organisations, members of Scottish Environment LINK [2], had raised concerns that in bringing across EU legislation into domestic law, the Continuity Bill had failed to preserve the vital environmental principles, part of EU treaties, that underpinned legislation and policy making [3]. The amendments ensure that these vital environmental principles not only maintain their current status, but become the basis of all environmental law-making in Scotland. The amendments also commit the Scottish Government to consulting on new measures to ensure that environmental laws continue to be enforced effectively. Scottish Environment LINK members are calling for the creation of new watchdog functions and environmental courts to uphold environmental laws.
Speaking on behalf of the 18 organisations that have welcomed the vote in Scotland, Charles Dundas, Chair of Scottish Environment LINK and Public Affairs Manager at the Woodland Trust Scotland said:
“With today’s vote, the Scottish Parliament has made it clear that it will not accept any loss of environmental standards in Scotland as a result of the UK’s decision to leave the EU. Important environmental principles, like the ‘precautionary principle’ or ‘polluter pays’, have for years underpinned EU environmental policy and legislation, helping to protect Scotland’s environment. This vote means that this will continue to be the case, whatever Scotland’s future relationship with its European neighbours is.
“Earlier in the process, Green, Labour and Liberal Democrat politicians all brought forward amendments that highlighted the opportunity for the Scottish Continuity Bill to avoid the gap in the UK Government’s Withdrawal Bill. All those in Scotland that care about the protection of our natural environment will be grateful that the Scottish Government listened and acted on those concerns. This was our political representatives at their best, working together to restore Scotland’s environment to good health.”
The coalition of environmental charities have also welcomed new commitments from the Scottish Government to examine solutions to a ‘governance gap’ created by the loss of functions currently performed by EU institutions like the European Commission and European Court of Justice.
Lloyd Austin, convenor of LINK’s Governance Group and RSPB Scotland’s Head of Conservation Policy said,
“European institutions have performed a valuable role in holding Scottish and UK Governments to account for their environmental commitments. Leaving the European Union must not mean the loss of these checks and balances or the rights of citizens to ensure our environmental laws are enforced. We were very pleased to hear the Scottish Government’s commitment to closing this gap. Particular credit is also due to Mark Ruskell MSP who has regularly raised this issue in sessions of the Parliament’s Environment Committee.”
Commenting on the Scottish Continuity Bill, Greener UK’s Chair Shaun Spiers [4] said:
“It’s heartening to see the Scottish Parliament voting to protect the environmental principles that have underpinned the EU’s law and policy making. We’ve been working with politicians at Westminster from across the political spectrum to raise the same concerns about the UK Government’s Withdrawal Bill. The Scottish Parliament’s vote shows that there are no practical barriers to doing this. There’s still time to make changes to the UK Withdrawal Bill, and it’s now time for Westminster to act on our concerns.”
For more information please contact:
Daphne Vlastari, LINK Advocacy Manager
daphne@scotlink.org | 0131 225 4345
— ENDS —
Notes to editors:
[1] The amendments are available online here. The amendments will begin being debated on and voted on at 2.20pm on 21 March in the Scottish Parliament as part of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill Stage 3.
[2] The environmental organisations, members of Scottish Environment LINK, who have supported this call are:
Butterfly Conservation Scotland, Cairngorms Campaign, Froglife Scotland, Hebridean Whale and Dolphin Trust, Marine Conservation Society, North East Mountain Trust, Nourish Scotland, Ramblers Scotland, RSPB Scotland, Scottish Badgers, Scottish Countryside Rangers Association, Scottish Wild Land Group, Scottish Wildlife Trust, Soil Association Scotland, Trees for Life, Whale and Dolphin Conservation, Woodland Trust Scotland and WWF Scotland.
[3] The environmental principles are defined by Article 191(2) of the Treaty on the Functioning of the EU as:
– the precautionary principle;
– the principles that preventive action should be taken;
– the principle that environmental damage should as a priority be rectified at source and;
– the principle that the polluter should pay.
LINK’s briefing on the Continuity Bill and importance of EU environmental and animal sentience principles as well as governance gap can be found here.
[4] Greener UK is a group of 13 major environmental organisations, with a combined public membership of 7.9 million, united in the belief that leaving the EU is a pivotal moment to restore and enhance the UK’s environment (http://greeneruk.org/).
[4] Examples illustrating the importance of EU environment and animal sentience principles:
• Application of polluter pays principle in Court of Session 2013 open cast coal ruling: In a landmark ruling for environmental protection in December 2013, the Inner House of the Court of Session ruled that liquidators of Scottish Coal could not ‘disclaim’ i.e. unilaterally abandon environmental licences, specifically CAR licences issued by SEPA under The Water Environment (Controlled Activities) Regulations 2005 and 2011.
– This forced liquidators to continue to maintain the sites, preventing further environmental damage and preventing further costs from falling to Local Authorities or Scottish Government. A key part of the reasoning behind this decision lay in looking to the underlying purposes of the CAR regime, stated as being “to secure environmental advantages for society through the achievement of EU environmental objectives”.
– The court ruled that the “polluter pays” principle as set out in the Treaty on the functioning of the EU (“TFEU”), provided a sound reason for prohibiting unilateral termination, because “the principle required that the costs of pollution should be internalised, through pricing mechanisms, so that they became costs of any operations causing environmental degradation.”
– This case illustrates how the Scottish court was able to refer directly to the “polluter pays principle” as it exists in the TFEU – without the principle existing in a specific piece of EU or EU-derived legislation.
• Scottish Government GM crops decision utilising the precautionary principle: Scotland opted out of the use of genetically modified (GM) crops in 2015 on the basis of the precautionary principle. The Scottish Government stated that it was concerned that there was insufficient evidence that GM crops would not damage Scotland’s food and drink sector.
– Cabinet Secretary Richard Lochhead stated: “I strongly support the continued application of the precautionary principle in relation to GM crops and intend to take full advantage of the flexibility allowed under these new EU rules to ban GM crops from being grown in Scotland”.
• Preventive action and the regulation of non-native species in Scotland: The principle of “preventive action” is the basis of invasive non-native species (INNS) legislation (Wildlife and Countryside Act as amended by the Wildlife and Natural Environment (Scotland) Act). This principle supports that “prevention is better than cure” and so effort should be put into biosecurity etc to prevent INNS arriving as this is less costly, in long run, than the elimination of INNS after they have arrived/ are established. This approach is reflected in the Scottish Government Code of Practice on Non-Native Species.
[5] Further background on process:
• Upon being introduced, the Bill retained one of the most important EU environmental principles, the precautionary principle, as a principle of general EU law.
• Following intense cross-party discussions between the Scottish Government and Scottish Labour, Scottish Greens and Scottish Liberal Democrats, the Bill that the Scottish Parliament has now voted for provides further assurances that our environmental will not suffer as a result of the UK’s decision to leave the EU. It also provides a clear path forward that commits the Scottish Government to ensuring that future Scottish policy works towards sustainable development, in line with commitments previously made by Cabinet Secretary for the Environment, Climate Change and Land Reform Roseanna Cunningham.
• The amendments preserve EU environmental principles and require Scottish Ministers to consider them in terms of Sections 11, 12 and 13 of the Bill. Most critically, this means that Scottish Ministers will not be able to use delegated powers conferred on them to address deficiencies of EU law following the UK’s exit from the EU to water down environmental standards.
• The amendments also bind the Scottish Government to consulting and bringing forward proposals on the role and function of EU environmental principles in Scottish law as well as the need to address the environmental governance gap emerging from the loss of functions currently performed by EU bodies and agencies. Ministers have committed to consult and consider proposals to address the full range of functions that Scotland will need to address as a result of the UK’s exit from EU, including those performed by the European Commission and European Court of Justice.
• A key gap in the UK Government’s Withdrawal Bill has been its failure to preserve the EU’s environmental principles and provide legislative commitments to address the EU governance gap.
In response to the launch of the Scottish Government consultation, proposing to formalise and extend the boundary of the existing emergency Loch Carron nature conservation Marine Protected Area and fisheries management measures:
Calum Duncan, Head of Conservation Scotland for the Marine Conservation Society and Convener of Scottish Environment LINK’s Marine Group said: “Local divers have long known how special this sea loch is and the recent findings firmly underline Loch Carron’s world-class credentials, meriting its place within Scotland’s developing marine protected area network. We welcome proposals to make permanent the Loch Carron Marine Protected Area, enabling recovery of the flame shell beds and protection for the newly discovered maerl beds. The swift action by Scottish Government and SNH scientists to survey the area, discovering the largest flame shell beds in the world in the process, is to be commended! This is the second time Scotland has claimed this global title, emphasising both how amazing the marine life in our seas is and how much we still have to learn.”
Esther Brooker, WWF Scotland said: “It’s great news that Loch Carron Marine Protected Area is being proposed for permanent protection. Recent research has shown that flame shell and maerl beds can absorb and store carbon, so by protecting this area as an MPA not only will these be conserved, but damaging carbon will continue to be locked away by keeping these habitats in good condition. With the impacts of climate change becoming increasingly obvious, it’s really important we continue to support the oceans’ natural resilience and, as the majority of the UK’s flame shell and maerl beds are found here in Scotland, it’s vital we look after them properly.”
Iain Turnbull, Property Manager for the National Trust for Scotland at Balmacara said “We’ve always known how rich the sea is in this area and we are delighted to see this has now received official recognition. The natural environment is vitally important to the local community, supporting jobs in the tourism and sustainable fishing sectors and we think that the presence of the MPA will both help to safeguard this and highlight the importance of this spectacular part of Scotland’s coast.”
Sam Collin, Scottish Wildlife Trust said: “Marine Scotland’s swift and urgent response to damage to the local flame shell beds last year highlights the importance of taking an adaptive, ecosystems approach to marine planning and conservation.”
Sue Scott, independent marine biologist and local resident to Loch Carron said: “I am delighted that the proposals launched today would make the Loch Carron MPA permanent. It is great to have the richness and diversity of our local marine life recognised and protected. However, we were lucky to get photographic evidence this time – divers have known for years the damage scallop dredging does to the seabed and to sensitive marine life, including commercial species.”
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Contact details
Emilie Devenport, Marine Policy and Engagement Officer, emilie@scotlink.org, M: 07726 362727
Calum Duncan, Convenor of LINK Marine Group, calum.duncan@mcsuk.org, M: 07841985595
Editors’ Notes
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.
Scottish Environment LINK members have launched an e-action to gather support around much needed changes to the Scottish Government’s Planning Bill that will put our communities and the environment first.
Planning is the foundation that preserves and enhances our built and natural environment, shaping and supporting our local communities. At its best, planning can deliver sustainable communities with affordable housing, well-resourced public services, green spaces for recreation, a flourishing and protected natural environment, clean air and transport infrastructure.
But all too often the planning system puts developers’ profits before communities’ needs leading to unsustainable developments, exacerbating inequalities and damaging our environment.
Today, confidence in the planning system is at an all-time low, with a recent survey finding that most people feel they have no influence in planning decisions that impact on their day-to-day lives and environment.
Key to fixing the planning system is meaningful community engagement and equal rights of appeal to help level the playing field between communities and developers. However, the Scottish Government’s proposed new Planning Bill doesn’t go nearly far enough in embedding sustainability and community engagement. In fact, it risks making matters worse.
Members of the public are encouraged to support our e-action and help give Scotland the world class planning system it deserves!
This is the time to write to your MSPs and ask them to support a planning system that delivers for our communities and the environment! Support our e-action and let’s make our voices heard!
For more information, please contact:
Daphne Vlastari, Advocacy Manager Scottish Environment LINK | daphne@scotlink.org |0131 225 4345
Editors’ Notes:
- 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.
- To support our e-action, please visit: https://act.foe.scot/help-plan-better-scotland
- To read detailed views from Scottish Environment LINK members on the new Planning Bill, click here.
- To read more about the National Trust for Scotland survey on public engagement and the planning system, click here.
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.
