Response 165775398

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Section 1: Environmental principles

1. Do you agree with the introduction of a duty to have regard to the four EU environmental principles in the formation of policy, including proposals for legislation, by Scottish Ministers?

Please select one item
Yes
No
Don't know
Please explain your answer.
In the event of us leaving the EU we should be able to build on the successes achieved through our membership and address any failures to protect the environment.

2. Do you agree that the duty should not extend to other functions exercised by Scottish Ministers and public authorities in Scotland?

Please select one item
Yes
No
Don't know

3. Do you agree that a new duty should be focused on the four EU environmental principles?

Please select one item
Yes
No
Don't know
If not, which other principles should be included and why?
Integration with sustainable development and other related policies should be a requirement.

4. Do you agree there should be an associated requirement for a policy statement which would guide the interpretation and application of a duty, were one to be created?

Please select one item
Yes
No
Don't know
Please explain your answer.
This is desirable as guidance associated with any new policy statement would provide essential direction for end users.

Section 2: Environmental governance arrangements

5. What do you think will be the impact of the loss of engagement with the EU on monitoring, measuring and reporting?

Assuming that the policy is set correctly, the Scottish Government should be capable of monitoring, measuring and reporting. Additional capacity including resource/expertise is likely to be required for this.

6. What key issues would you wish a review of reporting and monitoring requirements to cover?

The key issues should be established using a forum of experts set up in a similar fashion to the Round Table on Environment and Climate Change. Ideally, this should include contributions from experts across the world.

7. Do you think any significant governance issues will arise as a result of the loss of EU scrutiny and assessment of performance?

Please select one item
Yes
No
Don't know
Please explain your answer.
There is the risk of this but assuming that there is adequate crossover between EU and Scots law any adverse issues should be minimised.

8. How should we meet the requirements for effective scrutiny of government performance in environmental policy and delivery in Scotland?

Parliament should undertake this scrutiny aided by an appropriate panel of experts.

9. Which policy areas should be included within the scope of any scrutiny arrangements?

This should be largely as identified by the Round Table Panel of Experts but at a minium should include the water environment, the natural environment and waste as currently overseen by the key government agencies, SEPA and SNH.

10. What do you think will be the impact in Scotland of the loss of EU complaint mechanisms?

This could be minimised, in the event of a parallel complaints mechanism being developed by the Government and its advisors.

11. Will a new function be required to replace the current role of the European Commission in receiving complaints from individuals and organisations about compliance with environmental law?

Please select one item
Yes
No
Don't know
Please explain your answer.
See response to question 10.

12. What do you think the impact will be in Scotland of the loss of EU enforcement powers?

Unless enforcement powers are fully incorporated within the new parliamentary policy there will be limited opportunity to refer contravening parties to court. Ideally, this should be remedied through appropriately worded legislation.

13. What do you think should be done to address the loss of EU enforcement powers? Please explain why you think any changes are needed?

Ultimately appropriate deterents are required to reduce the potential impact of non-compliance. The policy/law must be strong enough to require those in breach to remedy any environmental damage that they create.

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation

What is your organisation?

Argyll and Bute Council