SCOTTISH GOVERNMENT CONSULTATION ON ENVIRONMENTAL PRINCIPLES AND GOVERNANCE

David Windle

Earlier this year, NEMT replied to a Scottish Government consultation on environmental principles and governance. A full copy of our reply is available.

In parallel, Michael Gove has launched a similar consultation for the whole UK with his draft Bill of the same name. How the two consultations interact is unclear and will be subject to the normal political squabbling.

The need for the Bill(s) is because we rely to an embarrassing extent on EU law and systems for our environmental protection in the UK. It was the EU that stopped us swimming in raw sewage and it is the EU that provides the teeth for many environmental campaigns in Scotland. If we leave the EU, then we need to put in place some law to replace the EU law that will be stripped away. The EU was a powerful threat. Taking a matter to the European Commissioner galvanised even the most tired of civil servants into a flurry of activity before they sank back down into their torpor.
Our reply focussed on three key aspects to the Bill —

• To embed EU and international environmental principles in Scots law so that they can underpin all environmental decision-making.
  
  • It also needs to include some provision to "keep up" with the rest of the world as we can't trust our politicians to do this by themselves.
• To set up an independent watchdog to enforce environmental protections.
  • The degree of independence is important. Michael Gove proposes that the independent watchdog should report to him and not Parliament, which again implies an excessive trust in a politician.
  • The body needs to have real powers; the ability to levy fines, backed up by a suitable Scottish court
• To set clear targets for environmental protection alongside adequate financial resources.
  

Just to remind you, the four principles referred to above are

• the polluter pays,
  
• take precautionary action,
  
• prevent environmental damage,
  
• rectification at source.

NEMT suggested that reference should also be made to the UN sustainable development goals.

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