Environmental principles and governance after Brexit: responses to consultation

An analysis report on responses recieved as part of the Consultation on Environmental Principles and Governance in Scoltand, which ran from the 16 February to 11 May 2019.

Appendix 13: Chapter 5, Q11

The functions of any new model/body

There was a call for the functions of the EC and the ECJ to be maintained post EU exit and an observation that this function should not have the ability to hold businesses to account, as this would replicate existing functions carried out by agencies such as SEPA.

General reflections

Other singular comments which reflected on the need for a new function included those listed below.

  • A reflection that thus far, there have been few EU complaints relevant to Scotland, and that the Scottish environmental regulatory process currently provides mechanisms to make representations on regulatory decisions to regulators, and a suggestion that the remit of current mechanisms could be extended
  • A suggestion there will be a loss of coherence post EU exit in the options available to those complaining
  • A query as to whether Part 2 of the Localism Act is to be phased out, replicated or absorbed by any new body, as it is currently enforced that any EU infringement fine will be passed on to the council concerned
  • A detailed example shared by one respondent of their experience and the difficulties of proceeding with a judicial review
  • A brief example of a situation in which it would have been difficult to share information with a new body and suggestion that a panel of experts or commission could be established.


Comments included a suggestion that existing organisations could pool their resources to ensure implementation costs are minimised, which did not fit within the other responses mentioned under this theme.


Singular comments that did not align with the themes analysed in response to this question are listed below.

  • The SG should carry out a consultation on the establishment of a new function/model/body
  • For the consultation paper to include a comparison to the mechanisms in place in other non-EU states.


Email: fiona.eddy@gov.scot

Back to top