Consultation on Environmental Principles and Governance in Scotland

Glasgow City Council agrees with the proposal to introduce a duty in relation to the existing four EU principles.

However, the Council would also express a concern over the wording used above and believes that this should extend beyond “have regard to”. It is possible that “have regard to” may not provide the same stringent level of protection as the current EU framework. As a result we would suggest replacing “have regard to” with “in accordance with” or similar wording. As a minimum, we would expect that all four principles should continue to apply to Scotland as they do currently.

Glasgow City Council feels that this duty in relation to environmental principles should extend to all functions exercised by Scottish Ministers and public authorities.

Glasgow City Council agrees that a new duty should focus on all four existing environmental principles.

There may be additional principles that could be included, but this would need to be determined as a result of a thorough scoping study. Some further principles that are likely to merit further consideration include broader international principles, such as the United Nations Sustainable Development Goals. Any additional principles that are included should be complementary and consistent with the existing framework and ensure that this does not make the current landscape unnecessarily more complex or complicated.

Glasgow City Council believes it would be very important for a policy statement and/or guidance document to be created.

It is imperative that suitable policy and guidance should be created in order to provide further direction for local authorities in relation to the interpretation and application of any such duty. This would be especially pertinent should Scotland decide to implement additional principles (other than the existing four EU principles). This policy statement / guidance must consider cross-boundary issues, should Scotland’s policies differ from those in the rest of the UK. This policy statement/guidance must detail any divergence between Scotland and the rest of the UK as well as any divergence between Scotland and the EU.

It would also be imperative that policy and guidance should be created to provide clarification around the reasonableness of applicability - ensuring it is both proportionate and feasible. This would also be required to ensure clarification and consistency across Scotland.

Glasgow City Council believes that it is not yet clear what impact would be found should it and the nation no longer engage with the EU on monitoring, measuring and reporting.

In general terms it would be important to continue to undertake essentially the same level of monitoring, measuring and reporting as currently exists.

It is important that issues of consistency and benchmarking are considered and how these are maintained in the event of any outcome. It would be prudent to undertake a scoping study to understand what is currently monitored, measured and reported upon. This would also provide clearer understanding of the benefit of doing so and where the information is going.

A review of existing reporting and monitoring requirements should be undertaken to determine where the monitoring results are reported, the outcomes and benefits of this monitoring and reporting and how this information is used.

This review must consider any potential anomalies that may be identified as a result of no longer participating in key EU networks for example, through lack of consistency, stringency or peer review.

This review would also need to consider what level of expert knowledge and advice will be shared in the event of exiting the EU.

Glasgow City Council acknowledges the role of EU scrutiny and assessment in providing an incentive and deterrent to those who do not meet performance frameworks.

There is a need to ensure that a similar and suitable structure is in place to allow for the same level of effective and independent scrutiny and assessment of performance as currently exists.

In particular this should also be given consideration in the light of any potential divergence between Scotland and the rest of the UK.

A suitable structure must be developed in order to meet the requirements for effective scrutiny of government performance.

Any such structure that is developed must be in a position to operate independently and be fully resourced to provide effective auditing and enforcement action.

Glasgow City Council suggests that all existing policy areas subject to current scrutiny arrangement should be included in the scope of new proposals.

Glasgow City Council believes that the impact of this is currently unknown.

It is imperative that there is the ability for any complaints to be investigated and/or upheld. In general terms the complaint process should at least meet the stringency of the existing EU complaint mechanisms.

It is important that any potential adverse impact is prevented by implementing a similar complaint mechanism to receive and investigate relevant complaints in the event of exiting the EU.

Glasgow City Council believes that, in order to allow a similar process to the existing complaint procedure, a new function will be required.

It is important that any new function is created with the ability to operate independently and take account of any potential divergence between Scotland and the rest of the UK.

Glasgow City Council believes that the existing EU enforcement powers should at least be replicated in the event of exiting the EU.

Whilst only a small proportion of offences will reach this level, the existing enforcement powers act as both a deterrent and incentive to comply.

Any potential impact on existing compliance should be minimised by considering suitable options for replicating the EU enforcement powers.

A suitable framework should be put in place to replicate existing EU enforcement powers, as far as possible.

Whether this includes a newly formed enforcement body or a strategically scheduled panel of experts, any such arrangement should be fully resourced in order to allow swift and competent consideration of enforcement action and have sufficient reach to act as a severe deterrent for non-compliance.