Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) Regulations 2024: islands communities impact assessment

Cross Compliance (GAEC) Island Communities Impact Assessment

Name of policy, strategy or service:

The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) Regulations 2024 provisions for Cross Compliance – GAEC 6 - additional Peatlands and Wetlands requirements.

Step 1: Develop a clear understanding of your ojectives

Scotland has around 2 million hectares of peatlands of which around three quarters (1.4 million hectares) are degraded through drainage, extraction, overgrazing, afforestation and development. The remaining quarter, roughly 0.5 million hectares, of peatlands are in good condition. Degraded peatlands are a source of greenhouse gas (GHG) emissions, currently accounting for around 15% of Scottish annual net total.

Cross Compliance and is a set of mandatory requirements and standards that farmers and crofters have to comply with in return for receiving support scheme payments. One of the requirements Good Agricultural and Environmental Condition no. 6 (GAEC 6) relates to soil organic matter.

New Peatlands and Wetlands requirements will be implemented from 2025 under (GAEC 6) to limit further greenhouse gas emissions by restricting certain damaging agricultural activities.

Cross Compliance pre-dates the Islands (Scotland) Act 2018 and the requirement to undertake an ICIA. It is a well-established component of the support payment regime and when the Peatlands and Wetlands requirements are introduced it will have been in place for two decades. The Peatlands and Wetlands requirements are considered to be a change to existing requirements and not a new policy, strategy or service.

In addition, most of the prohibited activities are already subject to controls under The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017.

Step 2: Gather your data and identify your stakeholders

Mapping data from the Rural and Environmental Science and Analytical Services Division of the Scottish Government (RESAS) and the Scotland’s Soils website was used to show the distribution of Peatlands across Scotland.

Currently there no existing design feature or mitigations in place under Cross Compliance. The requirements and standards apply to all agricultural businesses that claim support payments. It is implemented across the whole of Scotland and doesn’t specifically identify islands.

The relevant stakeholders are those with an interest in Scottish agriculture, peatland soils or both, details are provided below in Step 3.

Step 3: Consultation

The Peatlands and Wetlands requirements were developed in conjunction with and input from the following groups and organisations.

• a Scottish Government working group including policy and delivery teams, RESAS, NatureScot and SEPA
• an internal Scottish Government discovery project
• Peatland Scientific and Technical Advisory Group
• James Hutton Institute research material
• Academic Advisory Panel
• Agricultural Reform Implementation Oversight Board (ARIOB)
• Nation Farmers Union, Scotland (NFUS)
• Scottish Crofters Federation (SCF)

Wider user research involving telephone interviews with a number of farmers and crofters was carried out during the development phase.

Step 4: Assessment

The new Peatlands and Wetlands requirements and the overarching Cross Compliance regime does not specifically identify islands. It is implemented the same way across Scotland to ensure that farmers and crofters who claim support scheme payments provide the same added value in return for receiving support scheme payments.

Cross Compliance includes 20 headline requirements and standards relating to areas listed below. Each requirement and standard includes a number of individual requirements which have to be met.

• the environment, climate change, good agricultural condition of land
• public, animal and plant heath
• animal welfare

The new requirements for Peatlands and Wetlands will be implemented under existing GAEC 6 which is one of the headline requirements.

The mapping data shows that there is an increase in Peatlands to the north and west of Scotland although there are pockets in the central belt, Ayrshire and the Borders. It also shows that there’s no significantly difference in the percentage of Peatlands on islands compared to the adjacent mainland. There is however a difference between Orkney and the rest of the Scottish islands with the percentage of Peatlands on Orkney being significantly lower to other islands and mainland Caithness.

During the stakeholder discussions there were no adverse comments about the Peatlands and Wetlands requirements having more of a significant effect on farmers and crofters in island communities. The SCF raised a general issue about the mechanical cutting of peat however mechanical cutting rather than hand cutting isn’t unique to island communities. Nevertheless mechanical as well as hand cutting peat for domestic use will not be considered to be a damaging activity in the context of the new requirements.

Similar to above the user research with farmers and crofters didn’t reveal that complying with the new requirements would have any more of a significant effect on island communities.

A full Islands Community Impact Assessment is NOT required

In preparing the ICIA, I have formed an opinion that our policy, strategy or service is NOT likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities). The reason for this is detailed below.

Reason for not completing a full Islands Communities Impact Assessment:

• The introduction of the new requirements for Peatlands and Wetlands is not a new policy or a change to an existing policy, strategy or service. The requirements are being implemented under Cross Compliance which was introduced in 2005 and is a well-established eligibility component of CAP related agricultural supports scheme.
• The distribution of Peatland and Wetlands in island communities is no different to adjacent mainland areas. Therefore there are no disadvantages for farmers and crofters in island communities compared to mainland areas.
• No adverse comments were raise during the consultation stage about the Peatlands and Wetlands requirements having more of a significant effect on island communities.

This assessment and the need for a full ICIA will be revisited are part of the co-development process within the Agricultural Reform Programme when the new support schemes and related conditionality are introduced.

Screening ICIA completed by (name)

Brian Service

Position

ARE lead for Cross Compliance

Signature and date

21/10/2024

ICIA authorised by (we recommend DD level)

John Kerr

Position

Head of Agriculture policy Division

Signature and date

John Kerr 17/10/24