Wellbeing and Sustainable Development (Scotland) Bill

We asked for views on proposals for a Wellbeing and Sustainable Development (Scotland) Bill (WSD Bill), which aims to further improve decision-making and the implementation of the National Performance Framework to ensure that all policy and delivery is focused on increasing the wellbeing of people living in Scotland, both now and in the future.

We also asked for your views on further improving accountability and scrutiny of the National Outcomes, including the case for a Future Generations Commissioner.

The consultation opened on 6 December 2023 and closed on 14 February 2024.

We received a total of 180 responses. During the data review process one response was removed as it did not relate to the questions. A joint response from various public and third sector organisations was counted as two responses. There were 117 responses from organisations (65%) and 63 from individuals (35%).

Below is a short summary of general views, however this is not exhaustive and does not represent every view expressed. The consultation analysis, available here, includes further detail, although this is still not exhaustive. A full list of all publishable responses is available here.

A majority of respondents were in favour of statutory definitions of ‘wellbeing’ and ‘sustainable development,’ with various benefits identified, including providing greater clarity and consistency in their meaning and application to decision-making. Challenges were also identified, including the broad, subjective, and multi-faceted nature of the terms and subsequent difficulties in setting statutory definitions.

Some respondents said the current duties on the National Outcomes were not clear or robust enough and that a stronger legal duty, or wording of a legal duty, could provide a more explicit requirement to work towards the National Outcomes. Some expressed it would be worthwhile to review existing duties and how strengthening duties on the National Outcomes would align with these. Those in favour of legislation broadly agreed it should cover all areas of decision-making and those not in favour of legislation thought it should exclude all areas.

Most agreed that the strengthening of a legal duty should apply widely and include Scottish Ministers and the Scottish Government explicitly. Some argue this should go further and apply to private and third sectors, and few feel duties should not be applied to any organisation.

Some agree that it is important for the Scottish Government to explore ways to improve reporting on the achievement of wellbeing objectives. A common point made is that this would help to hold public bodies to account and aid learning. However improved reporting should not become unduly onerous or bureaucratic and duplicate other existing processes. Instead, a proportionate approach should be taken, including guidance and support for public bodies in fulfilling duties and reporting.

Views are mixed on whether Scotland should establish an independent Future Generations Commissioner (FGC). Less than half of respondents agree with this, and a sizeable proportion were unsure or did not answer, with some against the proposal. Further clarity and consideration are needed on the role, remit, purpose, functions and powers of the FGC and its integration with the existing landscape of Commissioners, including the risk of overlap. Some see significant value in an independent body with adequate resource and powers, which can provide support and keep public bodies, including Scottish Government, to account.

Respondents who feel that there is not a requirement for an FGC or who said that the case for such an appointment has not yet been made by Scottish Government, raise concerns including the risk of under-funding for other bodies, dilution of their duties or remit and fragmentation of the landscape. The cost of an FGC and risk of additional bureaucracy are also raised. They state alternative options could be identified and assessed.

Scottish Government will issue a Final Consultation Report, summarising views in more detail than done so here and outline the subsequent decisions taken.

The Scottish Government is grateful to those who took the time to provide a response to this consultation. The consultation responses have been independently analysed and the analysis report has now been published, along with the individual/organisation responses (where permission was granted). These responses have been carefully considered as part of further policy development and advice to Scottish Ministers. Ministers will take these views and considerations into account in their decision-making on how to progress. We will update this section and all stakeholders once next steps are determined.