The Environment Strategy for Scotland: Consumer Duty Impact Assessment (CDIA)

Stage 3 – Assessment and Improvement of Proposal:

8. What is the expected impact of a strategic decision on consumers in Scotland?

It is expected that the impact of the Environment Strategy will be positive for consumers, especially vulnerable people. There will be greater access to green spaces and improved air quality, which will create significant health benefits, help to tackle inequalities and help transform towns and cities into more enjoyable, attractive and safer places to live.

However, the actions that follow the publication of the Environment Strategy will be assessed for their impact on consumers, and further impact assessments, including the Consumer Duty Impact Assessment, will be carried out where appropriate. These impacts assessments will also help to mitigate any unintended consequences on consumers from the priorities and proposals in the Environment Strategy. Potential unintended consequences highlighted in some of the consultation responses included increased costs on consumers through higher costs for public authorities, and reduced access to local spaces and services.

9. Has SG had regard to the desirability of reducing harm to consumers in Scotland?

Yes – implementation of the Environment Strategy will help to create safer communities, create significant health benefits in mental and physical health and help to tackle inequalities. This will be achieved through greater access to green spaces and improved air quality and reducing overall demand for energy by promoting use of public transport and energy-efficient homes. These positive impacts can also help transform towns and cities into more enjoyable, attractive and safer places to live, and reduce the level of demand that is placed on the National Health Service.

Further impact assessments, including the Consumer Duty Impact Assessment, will be carried out where appropriate on actions following the publication of the Environment Strategy. These impact assessments will help to ensure that any unintended consequences are also mitigated against during the implementation of the proposals in the Environment Strategy. As we work to deliver our Vision and outcomes, we will also track and report on the progress of the Strategy, which will be vital for informing improvements in our approach.

10. Is there a need for further engagement with consumers?

A public consultation was conducted with a wide range of input from the relevant stakeholders and sectors to help inform our understanding on the potential impact on consumers. The consultation was launched on 3 July on the Scottish Government’s Citizen Space page and closed on 29 September. The consultation

included a question on “whether there were any positive or negative impacts from the Environment Strategy that have not been identified in the Consumer Duty Impact Assessment?” There were 126 responses received to the consultation, however, only a small number of responses commented on the Consumer Duty Impact Assessment question.

Much of the feedback that was received during the consultation on the Consumer Duty Impact Assessment commented on the potential benefits to consumers that could arise from the Strategy, including lower energy bills. There were also comments on the potential unintended consequences from the Environment Strategy. However, a number of these comments were more relevant to the partial-BRIA, as they focussed on the costs of goods and services provided by businesses rather than those provided by public bodies, which this assessment is required to measure, as set out in the Consumer Scotland Act 2020. The definition of consumers under the Act includes individuals and small businesses who buy, use or receive in Scotland goods or services (or who could potentially do so) which are provided by Government Departments, local government and other public authorities.

Those comments that focussed on the goods and services provided by non-public bodies have therefore been considered as part of the BRIA. However, these comments have been covered in the summary in this Consumer Duty Impact Assessment. The summary can be found in the annex. The full consultation analysis can be found here.

We are aware that there may be unintended consequences from the priorities and proposals in the implementation of the Environment that have yet to be considered. We therefore recommend that further consultation is undertaken as measures are developed.