Blog Post Archives - Page 26 of 32

A popular feature of Scotland’s countryside for over 40 years is now experiencing a critical decline. With this decline comes a threat to your enjoyment of the countryside and to the habitats and species that form our wonderful natural environment.

What is this popular feature? Well, you may well have met them, heard them on the radio and television, been to events and activities they organise and possibly have been inspired by them in your own life-long interest in nature. Scotland’s Countryside Rangers are becoming an endangered species in their own right. Created by the Countryside (Scotland) Act of 1967, Countryside Ranger Services have been an important feature as our network of country parks, regional parks, nature reserves and more recently National Parks were developed. Rangers look after these special places and their wildlife and help visitors to learn about and enjoy them.

A recent survey by the Scottish Countryside Rangers Association (SCRA) has revealed an alarming decline in the number of Rangers employed in Scotland. Looking at a ten year period from 2008 to 2017, the survey found that there had been a 34% reduction (141) in posts with only 279 remaining, many of those facing a very uncertain future. This is a relatively small sector, but it punches way above its weight in terms of delivery. This same survey showed in 2017 there were 43 million visitors to sites managed by Countryside Rangers – a conservative total. The same year almost 70,000 learners from nursery age to university were engaged in activities with Countryside Rangers. These figures are a snapshot of delivery that has been a cornerstone of our enjoyment of the outdoors for decades.

Sharing their knowledge, stewardship and ambition for the sites they work on, Rangers are uniquely placed to contribute to a flourishing Scotland. Working at the heart of government priorities in health, education, community and environment and working across these priorities in a way not replicated by any other occupation. For example, public health and well-being priorities have, at their core, the need to increase activity levels, easily served by safe outdoor spaces, environmental volunteering opportunities, path networks with signage, guidance and support in using our parks and green spaces. Rangers deliver across all of these priorities. The Curriculum for Excellence states that children have a right to outdoor learning experiences. Rangers deliver these too.

SCRA’s survey results were a key motivation in submitting a Petition to the Scottish Parliament’s Public Petitions Committee. In this petition SCRA, representing some 300 members, sought to have a national strategic framework for Scotland’s Ranger Services, first developed in 2008, revisited. The petition attracted a significant level of public support and comment and so was accepted for a hearing in February 2018. Giving evidence to the petitions committee George Potts, Chair of SCRA described the loss of posts as “random, unstructured and ill-considered”.

The loss of ring-fenced funding to local authority ranger services at a time of reduced funding generally was identified as a key factor in almost half of all the posts that had been lost. Crucially, there had been no monitoring of the effect of this. The main funding agency, Scottish Natural Heritage (SNH) was called to a hearing in October 2018. This hearing highlighted the absence of national reporting on outcomes delivered by services both historically and currently funded through SNH. The Petitions Committee resolved to invite comment from the Cabinet Secretary for the Environment describing the work of Countryside Rangers as “of national significance”.

What is at stake here? Scotland has a national network of Ranger Services many of which are identified by use of our national badge. This acts as a charter mark for the professional quality of service customers should expect. This model has attracted international attention and has been copied by other nations. Through SCRA, Scotland had a role in creating both the International Ranger Federation (92 member countries) and the European Ranger Federation. This national network and international profile for Scotland are at risk.

Employment opportunities for the many capable and motivated young people in this popular sector are at an all-time low. The “non-filling” of vacant posts and undesirable re-deployment tactics continue; the resultant absence of career opportunities seriously impairs Ranger Services and threatens their future viability.

We in Scotland had created something very special, and it is as worthy of conservation effort as any red list species. Your voice as a council tax payer, as a paying member of a Trust, as a teacher who values the educational opportunities, as someone who appreciates the environment we are privileged to enjoy in Scotland, your voice needs to be heard – loud and clear – in support of our Countryside Rangers.

John Mayhew, President, Scottish Countryside Rangers Association

From an article published in The Scotsman on 9 April 2019.

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This blog is by RSPB Scotland’s Keith Morton and was first posted on the RSPB website.

40 years since the introduction of the first piece of EU legislation for the protection of our environment, the Birds Directive, RSPB and 34 other Scottish environmental charities are urging Scottish Government to make sure existing protections are retained and enhanced, no matter what happens with Brexit. RSPB Scotland’s Keith Morton discusses how we can ensure birds and the environment continue to be protected in Scotland.

Asking what the EU has ever done for the environment in Scotland – and indeed the rest of the UK – is like the scene in Monty Python’s Life of Brian, where they question: “What have the Romans ever done for us?”

The answer, of course, is similarly long and impressive. Two especially important pieces of EU law that have afforded many years of critical protection for our wildlife are the Birds and the Habitats Directives, more commonly known as the ‘Nature Directives’. But – if the UK is to leave the EU – we stand to lose these hugely important protections. That’s why we need a Scottish Environment Act and are campaigning for this through Fight for Scotland’s Nature.

Arctic tern sitting in a field by the coast

The success of the Nature Directives is due not only to the strong legal protections that they create but also the wider framework that the EU provides for the directives to be properly and effectively implemented. the role of the European Commission has been particularly important in ensuring that national governments take their responsibilities seriously, while the prospect of a legal challenge through the European Court of Justice has acted as an effective deterrent ensuring good implementation of the laws.

What is more, the EU’s LIFE fund provides support to organisations working on the ground to ensure our most vulnerable species and habitats are protected. Since its inception, it has funded more than 25 projects in Scotland, bringing in well over £25 million for conservation delivery.

So following the EU referendum vote, reassurances by Roseanna Cunningham, Cabinet Secretary for Environment, Climate Change and Land Reform, have been very welcome. The Cabinet Secretary has stated on several occasions that there will be no roll-back of environmental protections¹ and that Scotland will continue to follow the principles of EU environmental law². More recently, she stated that the Government would seek to maintain or enhance environmental standards.

In wildlife terms that means retaining the legal protections afforded by the Nature Directives, but also continuing to pursue legislation that is in line with established EU environmental principles, ensuring we can enforce provisions and challenge authorities when laws are not implemented, as well as ring-fencing dedicated funding to realise important projects. It is these key aspects that a Scottish Environment Act will help address.

Even through the Birds Directive turns 40 today (2 April 2019), the reality is that its provisions are more relevant than ever before. Research has shown time and time again that is has delivered significant benefits for wildlife even in the face of unprecedented climate changes³.

guillemot against blurred blue green background

Despite this, the Birds Directive has faced challenge over its near 40-year existence. Not everyone considers the protection of nature to be a high priority. From 2013, both the Birds and Habitats Directives were subject to an ‘EU Fitness Check’ which involved checking that the laws remained fit for purpose. But there was wide suspicion amongst European conservationists that this exercise in reasonable regulation was a smoke-screen for environmentally damaging deregulation.

Whatever the truth of that, there was an unprecedented reaction from ordinary citizens right across the EU in defence of the Directives, as a result of a campaign coordinated by a range of environmental bodies, including the RSPB. The UK was prominent in this with over a hundred thousand individuals pledging their support for a robust EU-wide system of nature conservation. At the time, the Scottish Government also stated its support for the Directives and that it did “not wish to seek the renegotiation of the directives”⁴.

In the face of wide-spread public support and clear evidence that the Directives were delivering for Europe’s nature, in December 2016, the European Commission gave the Birds and Habitats Directives a clean bill of health, declaring both were “fit for purpose”⁵.

So, across the EU, countries continued to operate under the provisions of the Birds Directive which over the years had been firmly embedded in their own territories. In Britain, the legal basis for conserving wild birds in England, Scotland and Wales is the Wildlife and Countryside Act⁶. This Act has been amended many times and now exists in slightly different versions across the three countries, as devolved parliaments updated it as they saw fit. But all versions still follow the fundamental principle of providing a pan-European system of bird conservation – highly appropriate since birds, and in fact all wildlife, are not known for their respect of state boundaries.

two red kites in flight

There is a clear irony that, Brexit threatens to undermine the very same thing that so many UK citizens so strongly felt needed defending. This was a clear statement from the UK public – regardless of which side of the Brexit divide they sat – that effective nature conservation is very much what they want to see. This is what RSPB Scotland is seeking to ensure by calling for a Scottish Environment Act.

We hope to see the Birds Directive continue to protect species across all of Europe. Having an Environment Act in Scotland will ensure that our natural environment and wildlife are protected, no matter what happens with Brexit.

If you want some further detail about the Birds Directive, the Habitats Directive and how they work to safeguard ours and the rest of Europe’s wildlife, you can find it here.

Take action and tell the Scottish Government we need a Scottish Environment Act here.

¹ https://www.holyrood.com/articles/inside-politics/qa-roseanna-cunningham

² https://www.gov.scot/publications/securing-scotlands-environment-interests-following-eu-referendum/

³ http://ec.europa.eu/environment/integration/research/newsalert/pdf/how_effectively_does_the_birds_directive_protect_birds_432na2_en.pdf

⁴ http://www.scotlink.org/public-documents/link-welcomes-minister-statement-on-eu-nature-directives/

⁵ http://ec.europa.eu/environment/nature/legislation/fitness_check/index_en.htm

⁶ N. Ireland has its own Wildlife Order

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This blog is by Liz Ferrell, Scottish Officer for the Bat Conservation Trust, and was first published on the Bat Conservation Trust website.

Scotland’s wildlife is in danger
The State of Nature report recognised Scotland as one of the most heavily deforested countries in Europe. With 1 in 10 species in Scotland at risk of extinction we need a Scottish Environment Act.

We all need to keep up the pressure
There are many people in the UK that care for the health of our environment. During 2018, 10,000 people marched to Downing Street as part of the People’s Walk for Wildlife. Year on year, over 750,000 volunteer hours go into monitoring 9,670 species in the UK and much of this data is used in the State of Nature reports. It is clear that this is an important issue for people up and down the UK but we need to all come together as one clear voice to push for change.

Sign the petition today!
You can be the difference, sign the Fight for Scotland’s Nature petition today. Tell the Scottish Government that we need our own Scottish Environment Act so that nature in Scotland is protected, and importantly enhanced, now and into the future.

Bats are important

Bats are a vital part of our native wildlife. There are 10 species in Scotland and they occupy a wide range of habitats, such as wetlands, woodlands, farmland, as well as urban areas. They can tell us a lot about the state of the environment, as they are top predators of common nocturnal insects and are sensitive to changes in land use practices. The pressures they face – such as landscape change, agricultural intensification, development, and habitat fragmentation are also relevant to many other wildlife species, making them excellent indicators for the wider health of the UK’s wildlife.

Embed much needed EU environmental law principles into Scots law
Whilst the EU legislation will be adopted into domestic law as it stands at the time of Exit, we will be leaving behind those strong overarching environmental Principles and Governance arrangements which ensured that EU laws were properly implemented. This leaves a back door open for future weakening of environmental protection

In the UK, bat populations have declined considerably over the last century. There has been some better news recently, with the latest trends indicating that for a small number of bat species we are seeing the first signs of a slow recovery from this lowest point. Some other species are at least now remaining stable. This does suggest that current legislation and conservation action to protect bats are having a positive impact making it imperative that this vital protection continues. The threats to bats such as building and development work that affects roosts, loss of habitat, the severing of commuting routes by roads and artificial lighting remain significant.

In Scotland, all bat species and their roosts are legally protected by both domestic and EU legislation and they are therefore classed as European Protected Species. The legislation set the standard for nature conservation across the EU and enables all Member States to work together within the same strong legislative framework in order to protect the most vulnerable species and habitat types across their entire natural range within the EU. BCT and partners have been working to defend the level of protection bats and their habitats are afforded to make sure the legislation is not weakened as the UK negotiates its exit from the EU.

Benefits for us not just bats!
As well as natural wealth, there are cultural and economic benefits to protecting bats and the habitats on which they rely. In fact 14% of jobs are supported by the natural environment and this could be more! We all should have a right to a healthy environment and we need to ensure the Scottish Government recognise their responsibilities that will make this happen. Therefore please do remember to complete the Fight for Scotland’s Nature petition to ensure there is no regression on environmental standards.

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This blog is by Alistair Whyte, Head of Plantlife Scotland, and was first posted on Plantlife website.

What kind of country do we want to live in? What do we want our countryside to look like? What wildlife and landscapes do we want to protect so we can hand them on to future generations?

These questions take on an alarming urgency in a time of unprecedented political turmoil and ecological crisis.

No matter what the outcome of current political negotiations, there is a risk that Scotland’s wildlife could be under significant threat as a result. 80% of Scotland’s environmental protections stem from EU legislation, and we need to take action now to ensure that these protections are replicated in new laws.

Plantlife Scotland has worked hard over many years to protect wild plants, and we have had some considerable successes, from the protection of rare marsh saxifrage populations on our Munsary nature reserve, to our ongoing work on twinflower in the Cairngorms.

But these successes are set against the backdrop of ongoing decline in wild plant populations in the wider countryside. Changing land management practices, climate change, industrial pollution and, lying behind all of these, a damaging disconnect between people and nature, have given rise to catastrophic declines of species which were once widespread across the country.

One in four wildflowers in Scotland is threatened with extinction. Native wild flowers are being lost at a rate of up to nearly one species per year per county. Across the UK, we have lost 97% of species-rich grasslands in the last 100 years. And these trends are showing no sign of slowing.

We believe that it is vital to protect our precious species and habitats for future generations. We believe that our countryside can and should perform a multitude of functions, from food production to nature conservation, and that by integrating different land uses, and recognising the power that nature has to support land management, we can start to restore our beleaguered wild plant populations.

And we know that we need a strong legal framework if we are going to achieve this. The Scottish Government is currently consulting on the future of environmental protection in Scotland following our exit from the European Union. Plantlife has joined forces with conservation organisations across Scotland to fight for the future of Scotland’s nature.

It’s vital that we stand together to fight for our wildlife and natural landscapes. If you would like to help our fight, please add your voice to our petition here.

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This blog is by Charles Dundas, Public Affairs Manager for Scotland at the Woodland Trust, and was first published on the Woodland Trust website.

Scotland’s nature is amazing. Long famed for its breathtaking landscapes, from sweeping Caledonian pine forests to pristine freshwater habitats and wetlands. All of which support a vast variety of wildlife. It’s unthinkable that this could be at risk of being lost. Yet, a recent report estimates that 1 in 11 of Scotland’s species face extinction unless we take action.

We can’t let this happen. We must press the Scottish Government to take action to protect it.

Scotland’s natural world is truly iconic

Mighty ancient Scots pine forests are home to red squirrels, Scottish wildcats and capercaillie. Carbon-rich deep peat moorland hosts an abundance of butterflies and insects. Temperate Atlantic rainforests teem with more than 500 species of mosses, ferns, lichens and liverworts. And that’s just three of Scotland’s many important habitats.

But our ancient woodland is in trouble

Our native woodlands are home to many of Scotland’s valuable species. But they have been severely reduced by deforestation over the years. Now, only 1% of Scotland is covered by ancient woodland – rich, complex ecosystems that have developed over centuries.

This tiny proportion is now threatened even more by over-grazing, and choking from fast-spreading plants like rhododendron. Ancient woodland is irreplaceable. It needs better protection.

Reverse the environmental decline

Scotland’s environment underpins much of the country’s business and the communities that it supports. 14% of jobs in Scotland depend on the natural environment.

In common with most other countries, many of Scotland’s natural sites are in a state of decline. For us, this is due to:

unsustainable land management practices
pollution
failure to integrate various land uses.

We don’t just need to halt this decline. We need to reverse it.

Working together to fight for Scotland’s nature

2020 is a critical year for the culmination of global efforts to halt biodiversity loss. To better protect our species and habitats from the threats they face,we have joined 34 other environmental charities from across Scotland to launch the Fight for Scotland’s Nature campaign.

A Scottish Environment Act

We believe that the best way to safeguard the future of Scotland’s nature is for the Scottish Government to pass a new Environment Act. It must have real ambition for our environmental policy, and set us onto a clear path towards a more sustainable future.

We need strong legislation to ensure our environment is healthy, thriving, and can keep providing for our wellbeing. We need to lock in existing EU environmental protections and make sure we don’t fall behind the EU and our global partners in the coming years.

Scotland’s nature is already in decline. If we don’t act now, that lost protection will mean more species and habitat loss. We need our environment to support our businesses, our communities and our lives. We must look after it properly.

Stand up for Scotland’s nature – respond to the consultation

Right now, the Scottish Government is seeking views on the future of environmental protections in Scotland. We need to tell the Government that we need a Scottish Environment Act to protect and enhance our precious nature – now and for the future.

It’s important our voices are heard, this is a huge opportunity to make a difference and better protect Scotland’s natural world. The consultation closes on 11 May.

Stand up for the incredible nature of Scotland. Sign the petition and respond to the consultation.

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This blog is by Calum Duncan, Head of Conservation Scotland at the Marine Conservation Society, and was first published on the Marine Conservation Society site.

“Who will guard the guards themselves?” is the literal translation of the ancient rhetorical question “Quis custodiet ipsos custodes?”. Governments make decisions on behalf of the people, but what if they are poor decisions or the people disagree? This is a key concern with our departure from the European Union, where currently the European Commission provides an excellent opportunity to hold power to account. Anybody can complain to the Commission about poor or non-delivery of EU legal requirements by Member State governments at no cost; if a complaint is upheld, Member States must deliver or risk infraction.

Once out of the EU, that opportunity is lost to the people of Scotland. As one of 35 environmental charities from across Scotland, we have come together to “Fight for Scotland’s Nature” and gather support for a new Scottish Environment Act to:

Embed much needed EU environmental law principles in Scots law
Create an independent and well–resourced watchdog to enforce environmental protections
Set clear targets for environmental protection alongside adequate financial resources.

You can support the campaign here.

I have spent a good chunk of my time at the Marine Conservation Society working closely with conservation partners to help secure the Marine (Scotland) Act in 2010, along with ensuring effective implementation of marine protected areas and marine planning to help boost the health of Scotland’s considerable stretch of seas. On the northwest edge of Europe, jutting into the Atlantic, Scotland has a sea area almost six times greater than that of the land, comprising 61% of UK waters, 13% of all European seas and an 18,000km coastline – enough to stretch from here to Australia. As marine conservation is devolved, fully within 12 nautical miles and executively beyond 12nm, Scotland therefore has considerable responsibility for ensuring a great wedge of the northeast Atlantic is in good health. These waters are globally important for sealife large and small, from basking sharks, seals and seabird colonies, to coldwater corals, flameshells and maerl beds. Great strides in marine conservation have been taken by the Scottish Government in recent years, but marine species and habitats continue to struggle.

Some 80% of Scottish environmental protections stem from the EU, including legislation to protect vulnerable marine habitats, improve coastal water quality, phase out non-recyclable single-use plastic and ensure our seas are overall in “Good Environmental Status”. EU protections have unquestionably played an overwhelmingly positive role in protecting and enhancing our natural environment by setting clear objectives for legislation, providing funding mechanisms and a variety of routes to ensure implementation.

Through EU membership, Scotland has been able to better protect our natural environment and develop world-leading policies setting the bar across Europe and beyond.

The Habitats Directive required that some of the most internationally important places in our seas, including for living reefs, rocky reefs and many sea lochs, bays and Firths, were properly protected as Special Areas of Conservation (SACs) to ensure they were in “Favourable Conservation Status”. At the Marine Conservation Society, we were deeply concerned this was not the case for many sites across the UK. Following a successful complaint made to the EC by community campaigners in Argyll to exclude scallop dredging from the Firth of Lorn SAC in 2007, MCS and Client Earth wrote to Defra that same year highlighting that the UK Government was not meeting legal commitments to properly protect SACs in England, a concern we then shared with the Scottish Government in 2009.

The prospect of a formal complaint to the European Commission merited serious consideration and a new process was instigated for England to protect SACs for the most vulnerable features from damaging trawling and dredging. In Scotland, fisheries protection measures were consulted on for the most vulnerable nature conservation Marine Protected Areas designated (arising from the hard-won Marine (Scotland) Act 2010) and marine SACs in 2014. To have most confidence in meeting EU requirements, and mindful of over 4,700 responses to the MCS-led #donttaketheP campaign, the Scottish Government excluded trawling and dredging from the most vulnerable SACs, including St Kilda, East Mingulay, Treshnish Isles and Lochs Duich, Long and Alsh. Without the driver of EU legislation, and the relative ease of potential access to justice through the European Commission, who knows whether such a positive outcome for vulnerable seabed habitats, and the livelihoods that rely upon them being healthy, would have been possible?

Enjoyment of cleaner seas has been possible thanks to the EU Bathing Water Directive, which MCS successfully campaigned to toughen up using our independent Good Beach Guide. Without the prospect of EU infraction, it is unlikely that investment to improve sewage treatment works throughout Scotland and the UK would have been at the level and rate it has. It also spurred the Scottish Environment Protection Agency to develop world-leading electronic bathing water quality prediction telemetry and signs. Billions of pounds-worth of upgrades resulted in cleaner seas to swim and paddle in, though with particular challenges of wetter summers, system overflows and run-off from coastal livestock, there is still room for improvement.

Legislation and appeal mechanisms enshrined by the EU have clearly benefited Scotland’s environment and people. An EU exit with no mechanisms for independent oversight and appeal in place threatens to unravel critical environmental protections at a time when one in eleven species in Scotland is at risk of extinction. We cannot afford to be left behind EU and global partners. This is why we need a Scottish Environment Act to set clear ambitions for our own environmental policy, put in place an independent environmental watchdog and set a clear trajectory towards a truly sustainable future. This is all the more important as we approach 2020, a “super year” which will be critical for the culmination of global efforts to halt biodiversity loss, including existing European commitments for our seas to be in “Good Environmental Status”. It will also be Scotland’s “Year of Coasts and Seas” for which a newly established independent guardian for the health of our marine, freshwater and terrestrial environments would be a most fitting legacy.

If you want to help the Fight for Thriving Seas, click here

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Guest blog by Rachel Tierney, Development Officer for the Scottish Biodiversity Information Forum

Over 25 million biological records have been collected in Scotland, describing the location of 5,866 species. And behind each of these records is a biological recorder whose expertise has helped document our natural world.

Together, these thousands of recorders, often volunteers who generously donate their time, stand on the shoulders of many generations of Scottish naturalists, all fascinated in understanding and recording our natural world. Their curiosity has made Scotland one of the most comprehensively surveyed countries on Earth.

Yet despite this vast wealth of information and knowledge, Scotland’s biodiversity continues to be threatened, or subject to poor decision making.

Indeed, it is fair to say that these millions of records are an incomplete account, temporally, taxonomically and spatially. And the records we have are not being worked hard enough to protect our natural world, as the organisations involved with the collection, management and sharing of biodiversity data are vastly under-resourced.

Joining together

The willingness to collaborate to protect our natural world, however, has never been stronger. During 2017, over 120 organisations, many of whom are also behind the Fight for Scotland’s Nature campaign, came together through the Scottish Biodiversity Information Forum (SBIF) Review of the Biological Recording Infrastructure in Scotland to consider how we can fix these problems to improve our access to knowledge of Scotland’s biodiversity.

The SBIF Review explored how we currently collect, manage and use wildlife data. In particular, how we can transform Scotland’s biological recording infrastructure – covering both land, freshwaters and seas – to make all of Scotland’s biodiversity information publicly available. The SBIF Review culminated in 24 recommendations and funding proposals, aimed at increasing the sustainability of the biodiversity sector, improving geographical and taxonomic data coverage, and ensuring that information is sufficiently up-to-date and accessible to inform action for the people and wildlife of Scotland.

Linking it all up

If we are to truly understand and protect our natural world for future generations, we need proper monitoring of and reporting on the state of the environment, and adequate resources to support the organisations and volunteers involved in collecting, managing and growing our invaluable trove of environmental data. This is why SBIF are supporting Fight for Scotland’s Nature’s call for a Scottish Environment Act.

A Scottish Environment Act must set clear and ambitious targets for environmental protection, with well-informed, responsive decision making based on sound evidence. Access to robust biodiversity data, together with transparent analysis and interpretation, is key to the effective protection of our environment.

We must join together, linking those individuals volunteering their time and expertise to monitor Scotland’s biodiversity with organisations who are able to implement strategic, long term protection for Scotland’s wildlife.

A sustainably funded, integrated biological recording network, embedded in the heart of an Environment Act for Scotland will place Scotland as a global leader for environmental protection.

What are your views on the future of environmental protections in Scotland? Join us in calling for a Scottish Environment Act – send an email to the Scottish Government.

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Regulations on water quality have helped otters return to many of Scotland’s rivers © Amy Lewis

This blog is by Bruce Wilson, Public Affairs Manager at the Scottish Wildlife Trust, and was first published on the Scottish Wildlife Trust site.

“I will fight any attempt to ‘turn back the clock’ on standards of environmental protection”, pledged Environment Secretary Roseanna Cunningham in the aftermath of the EU referendum. Environmental charities from across Scotland stand with her on this commitment.

This is why the Scottish Wildlife Trust, alongside 34 other members of Scottish Environment LINK, is calling on the Scottish Government to turn this commitment into reality by bringing forward a Scottish Environment Act.

In its consultation on post-Brexit environmental protections, the Government reconfirmed its ambition to ‘maintain and enhance’ EU environmental protections. We believe that to do this the Government needs to embed the principle of non-regression in Scots law. This would ensure there is no roll-back of environmental protections – not now and not in the future.

What is non-regression?

Non-regression is a well-established principle in international law, probably most commonly associated with human rights. However, it is increasingly acknowledged as a key parameter in environmental decision-making as reflected by its inclusion in the proposed United Nations (UN) Global Pact for the Environment.

In terms of the environment it means the rules, standards and practices that are already adopted by states can’t be changed if this means that environmental standards will be weakened. This is an important safeguard for virtually all aspects of environmental protection, from clean air and water to ensuring ambitious action on climate change and nature protection.

The European Union (EU) has been an advocate of non-regression for a long time. Indeed, ahead of the Rio+20 UN Conference on Sustainable Development in 2012, the EU jointly called for “the recognition of the principle of non-regression in the context of environmental protection as well as fundamental rights.”

In common with the EU, Scotland’s First Minister shown a strong commitment to human rights issues. So much so that in 2017 she set up a special group to make recommendations on ways in which the country could lead by example in economic, social, cultural and environmental rights.

At the end of 2018 this group recommended that people in Scotland should be given the right to a healthy environment through an Act of Parliament. It would include the right to “benefit from healthy ecosystems which sustain human well-being as well the rights of access to information, participation in decision-making and access to justice.”

Many of the environmental protections that would preserve this right are derived from overarching European legislation and agreements. And with the prospect of the UK’s exit from the EU, Scotland’s environmental charities would like to see Scotland retain and build on EU law. Essentially this would mean, at a minimum, retaining the rules, regulations and enforcement mechanisms that protect everything from our nature and wildlife, to our water and air quality.

Ambition and action are two very different things. We need to see the Scottish Government’s ambitions put into law. We believe that this can only be done through a Scottish Environment Act.

Bruce Wilson

The Scottish Government seems to agree, and all environmental NGOs in Scotland have welcomed its ambition to carry through not just the letter of EU environmental law, but also the underlying principles that demand high standards.

We agree with the Government’s position that not adopting these principles risks Scotland falling behind other European nations, and harms the ability to meet international commitments, notably the UN’s Sustainable Development Goals.

Why do we need an Environment Act?

Of course, ambition and action are two very different things. We need to see the Scottish Government’s ambitions put into law. We believe that this can only be done through a Scottish Environment Act.

This is why we have joined Fight for Scotland’s Nature campaign, alongside other leading environmental organisations in Scotland, to call on the Scottish Government to commit to an Environment Act that achieves the following:

embeds much needed EU and international environmental law principles in Scots law
creates an independent and well-resourced watchdog to enforce environmental protections
set clear targets for environmental protection alongside adequate financial resources

If the Scottish Government is serious about maintaining existing EU protections, it should commit to enshrining the non-regression principle in Scots law. Embedded in legislation, the principle of non-regression would ensure that future legislation for the environment builds on existing protections rather than dilutes them.

If we don’t maintain and seek to keep up with the EU’s standards, we run the risk of seriously undermining the strong environmental foundations that we depend on for our fundamental human rights.

Failing to adopt non-regression as an environmental principle would also have clear implications for Scotland’s economy. The EU deeply values this principle and has made it clear it is considered essential for any future trade negations or for any “Brexit deal”. If we fail to keep pace with EU environmental standards, Scotland’s food and drink industry could lose an important, and lucrative, export market.

Support Fight for Scotland’s Nature by writing to the First Minister before 11 May.

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Environmental protections have been referenced a lot in the context of Brexit. And with good reason: overall, joint action across the EU has been a good thing, enabling us to tackle environmental issues such as pollution and climate change in a coordinated way across 28 different countries. Environmental policy has been an EU competence for decades with the first EU – European Economic Community back then – environmental piece of legislation to protect wild birds adopted in 1979. This was 40 years ago.

As such the prospect of EU exit poses a number of significant risks for our environment and our ability to hold governments to account when it comes to enforcing important legislation, from air quality and climate change to the protection of our species and habitats.

While many ENGOs suggested ahead of the 2016 referendum vote that on the basis of environmental grounds, it would be safer for the UK to remain in the EU, since then ENGOs in Scotland and across the UK have been trying to find ways to ensure our environment does not suffer as a result of Brexit, if and when this happens.

Under any Brexit deal, it is commonly acknowledged that governments across the UK would need to agree on additional measures to safeguard our environment. Indeed, even with a deal the timeframes are tight: if a deal similar to the one being negotiated by the UK Prime Minister and the EU comes to pass, this allows for a transition of up to two years which unless extended would mean the UK and Scotland would need to ensure effective environmental protection and governance mechanisms are in place as of January 2021. So, already there is little time to put together firm legislative and policy proposals to make that happen.

Important proposals have been put forward, particularly the prospect of legislation to replicate important protections, such as the introduction of a Scottish Environment Act as supported by the joint Scottish Environment LINK campaign Fight for Scotland’s Nature. This would see important EU and international environmental principles embedded in Scots law, the creation of an independent watchdog to ensure legislation is implemented and enforced, and ambitious future targets for environmental protection.

But all this does not mitigate against the very real, very imminent and very considerable risks of a No Deal Brexit on 29 March.

Greener UK, a coalition of 14 major environmental organisations, issued a stark warning in its recent update of the UK Environment Risk Tracker. The verdict for all policy areas investigated is one of high risk and Greener UK cautions that “leaving without a deal poses potentially dire consequences for the environment, in the short and longer term”.

This applies to Scotland’s environment, as well.

1. A No Deal Brexit means that the full spectrum of existing environmental protections will not be fully operational on 29 March

The prospect of EU exit led to the need for existing EU laws to be transposed to domestic law in a way that ensures that this legislation can operate post-Brexit. This has led to civil servants in the UK and Scottish Governments reviewing each piece of EU legislation, including environmental legislation, to amend it so it can continue to function as of 29 March.

This arduous process will not be finished by the end of March. Indeed, even for legislation that has already gone through this process, it is anticipated that a further review will be needed to catch any errors. This was to be expected given the enormity of the task and the resources required to support it. But the risk of a No Deal means that the UK Government commitment to have a fully functioning statute book by exit day will not be met.

In addition, environmental NGOs including members of Scottish Environment LINK have expressed concerns about whether the way that EU law is being transposed in domestic law fully retains the spectrum of environmental protections we currently enjoy. This is partly because this process is not replicating the important EU governance mechanisms which ensure that legislation is effectively implemented, as explained below.

2. A No Deal Brexit means Scotland will not have access to EU enforcement mechanisms

A No Deal Brexit means Scotland will no longer be able to have recourse to important EU mechanisms which ensured that environmental legislation was effectively monitored, reported on and enforced.

Of particular concern are the key functions of the European Commission and European Court of Justice in terms of investigating and addressing cases where environmental law was not enforced. The European Commission’s complaints procedure has led to positive results of our environment. It is therefore key that these functions are replicated, if and when Brexit happens.

To address this, Scottish Environment LINK members have called for the creation of an independent and well-resourced watchdog. However, the Scottish Government launched a consultation on this matter only in mid-February and will not have begun serious deliberations on solutions to this issue before mid-May.

What is more, the Scottish Government has not publicised any views about the measures it will take under a No Deal scenario. In other words, there is no publicly available information that provides reassurances about what interim measures the Government is proposing to take forward in the case of No Deal.

This means that on 29 March, in practice, legislation for the environment in Scotland may not only be incomplete, but it will also be less enforceable compared to today.

3. A No Deal Brexit means Scotland’s environment will lose access to EU environmental principles

While the Scottish Government is proposing a duty for Ministers to have regard to the EU’s environmental principles, this will not be in legislation before 29 March. This is because this proposal is being consulted on at the moment, alongside the potential governance concerns and solutions highlighted earlier.

In 2017, Environment Secretary Roseanna Cunningham stated that “the four EU principles of precaution, prevention, pollution at source and ‘polluter pays’… are essential to maintaining Scotland’s environmental achievements”. As part of the EU, Scotland’s courts, businesses and governments have been able to apply the four EU environmental principle in their decision-making. They have formed an essential component of environmental law and underpin most of our environmental legislation.

Under a No Deal Brexit, we will lose the overarching framework for policy-development provided by the EU and underpinned by these principles. Even more worryingly, in that scenario we will have nothing similar to fall back to. Scotland, in contrast to countries such as Wales, France or Switzerland, has not embedded environmental principles in domestic law.

So, while it is comforting that the Scottish Parliament has already voted against a No Deal, it is the ‘meaningful vote’ taking place in the House of Commons that will determine whether a No Deal Brexit is really taken off the table.

Environmental charities from across the UK strongly believe that a No Deal Brexit needs to be averted at all costs. If Brexit is to go ahead, this cannot come at a cost to our environment. We simply cannot afford to unpick environmental protections at a time of global ecological crisis.