Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) Regulations 2024: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

Type of proposal (Please delete as necessary):

• Scottish Statutory Instrument

Name the proposal, and describe its overall aims and intended purpose.

This proposal is for a Scottish Statutory Instrument entitled the Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) Regulations 2024 (“the Regulations”).

The Regulations will be made using the power conferred by section 2 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (“2020 Act”), which provides that the Scottish Ministers may make modifications that they consider would simplify or improve the operation of the provisions of the main CAP (meaning Common Agricultural Policy) legislation (as defined in section 1 of the 2020 Act). The Regulations propose to modify provisions in the main CAP legislation relating to the Scottish Suckler Beef Support Scheme (“SSBSS”), and Good Agricultural and Environmental Conditions (“GAEC”) (which are part of cross compliance requirements) in time for the 2025 claim year. Those modifications are as follows:

1. GAEC

The Regulations will introduce further conditions as part of cross compliance GAEC requirements that will help address environmental and climate concerns relating to peatlands and wetlands being damaged and will also assist applicants transition to and prepare for new schemes that will be introduced in future under the Agriculture and Rural Communities (Scotland) Act 2024.

The modifications made by the Regulations will, subject to certain exceptions, prohibit a range of activities on or adjacent to peatlands or wetlands that are known to cause the negative environmental outcomes outlined above. Those activities include:

• reseeding,
• new drainage or maintenance of existing drainage systems that causes further drying out of the peatland or wetland,
• application of pesticides, fertilisers including manures, and soil conditioners,
• creating roads and tracks,
• planting trees,
• activities that cause damage to the vegetation cover exposing the soil, and
• specifically for wetlands, carrying out activities which disrupt connections between rivers/water courses and wetlands that will lead to the drying of the wetlands.

The modifications will help address environmental and climate concerns relating to peatlands and wetlands being damaged resulting in the further release of greenhouse gas emissions.

2. SSBSS

Calving interval is a key efficiency measurement for beef production. Longer calving intervals mean not only longer periods when a cow is incurring costs (e.g. feed, veterinary care) but also emitting greenhouse gases without contributing to beef production.

From 2025 onwards, a new condition incorporating a calving interval threshold of 410 days will be introduced to the SSBSS. This condition is designed to help balance productivity and profitability with the opportunity to address climate impact of emissions.

Conclusion

The aim of the modifications that will be made by the Regulations is to reduce the impact to climate of emissions and contribute to addressing environmental concerns associated with the relevant activities.

All of the above additional enhanced conditions and changes will apply from the 2025 claim year to the whole of Scotland. These will help by enhancing the delivery of climate and biodiversity policy outcomes under the current legislative framework whilst work separately progresses on replacement of CAP schemes under the Agriculture and Rural Communities (Scotland) Act 2024. Additionally this is expected to help farmers, crofters and rural businesses prepare for the introduction of new future schemes under the Agriculture and Rural Communities (Scotland) Act 2024 in due course.

Start date of proposal’s development: 17 July 2024 when the SSI drafting commenced.

Start date of CRWIA process: 10th July 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to/impact upon children’s rights?

There are no aspects of the proposals of the Regulations which are relevant to children’s rights. The Regulations propose to make limited modifications to improve the operation of provisions of CAP legislative scheme requirements. Those CAP schemes are concerned with the supporting of rural businesses to be economically viable and to support the rural economy directly. The relevant scheme requirements relate to the Scottish Suckler Beef Support Scheme and Good Agricultural and Environmental Condition cross-compliance requirements. The modifications these Regulations propose to make are intended to utilise CAP support schemes to promote the reduction of carbon emissions that are associated with certain agricultural and rural activities, namely the farming of cattle and the damaging of peatland and wetland areas. The changes do not have an impact on or relevance to children’s rights.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Evidence from:

• existing research/reports/policy expertise

Not applicable.

• consultation/feedback from stakeholders

Not applicable.

• consultation/feedback directly from children and young people

Not applicable.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

Not applicable.

5. Analysis of Evidence

Not applicable.

6. What changes (if any) have been made to the proposal as a result of this assessment?

Not applicable.