Response 465185506

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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?

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Radio button: Ticked Yes
Radio button: Unticked No
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Please explain your answer.
The environment, including the nature and landscapes of Scotland, are what makes Scotland a great place to live, work and do business. The principles will help safeguard this.

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

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Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Don't know
Please explain your answer.
Safeguarding the environment, and the services it provides the economy and people of Scotland (and beyond), should be an essential part of everyday life and functioning of Scottish Ministers and public authorities. A key aim of the Scottish Government is sustainable economic growth - such growth wont be sustainable if it harms the environment upon which Scotland's success is built.

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

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know

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?

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Radio button: Ticked Yes
Radio button: Unticked No
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Please explain your answer.
This would help ensure consistency and clarity for all.

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?

What do you think will be the impact of the loss of engagement with the EU on monitoring, measuring and reporting?
Standards will slip, it will become too easy for the three pillars of sustainability (economic, social, environmental) to skew away from a balanced perspective, and the environment will be harmed, which in turn will harm society and the economy.

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

What key issues would you wish a review of reporting and monitoring requirements to cover?
It would make sense if they were aligned with European Union reporting and monitoring requirements, albeit with amendments where appropriate to address budgetary or other constraints. (for example, relaxing monitoring cycles for more common/robust species and habitats)

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

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know
Please explain your answer.
Without a formal governance structure in place, it will be too easy for those who shout loudest to how sway, putting private interests, profits and personal gain first, at the cost of the environment. A formal (independent) structure and process would avoid this issue.

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

How should we meet the requirements for effective scrutiny of government performance in environmental policy and delivery in Scotland?
An independent organisation/body with the relevant specialist expertise, with powers set out in legislation to call-in and/or oversee contentious cases, with legally binding decision making/direction giving powers, much the same as the EU Directives have just now.

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

Which policy areas should be included within the scope of any scrutiny arrangements?
Mainly those related to spatial planning, but also other types of 'development' and land use that have the potential to have significant environmental effects (eg forestry, aquaculture, agriculture, etc).

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

What do you think will be the impact in Scotland of the loss of EU complaint mechanisms?
There have been examples of where Ministers have wanted to push through developments that would be harmful to the environment, but EU Directives have prevented this from occurring due the procedures and scrutiny (and infraction proceedings) that the EU Directives require. Without them, it would be too easy for developers and/or private interests to lobby ministers to get poor development pushed through that is harmful to the environment and unsustainable for nature and in the long term for people and the economy too.

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?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know
Please explain your answer.
If there is no such function (or independent expert organisation/body), confidence in the law and decision making will be reduced. At present all those involved in development, land use and management know and understand the law and the consequences of breaching it - the EU Directives set a high bar. This needs to be maintained to safeguard the environment, and the services it provides to the people and economy of Scotland.

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

What do you think the impact will be in Scotland of the loss of EU enforcement powers?
Already some environmental consultants are laughing and think that leaving the EU will mean that the environmental protection bar will fall far lower, if not off completely. There needs to be a rigorous monitoring and enforcement process in place to ensure this perception is not realised, so that the environment is safeguarded for future generations. The environment is Scotland's greatest asset.

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?

What do you think should be done to address the loss of EU enforcement powers? Please explain why you think any changes are needed?
There needs to be an independent organisation or body that looks at the environmental consequences of cases raised with them, rather than reliance on judicial review on points of law.

About you

Are you responding as an individual or an organisation?

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