Natural Environment (Scotland) Bill: equality impact assessment

The Scope of the EQIA

Current evidence demonstrates that the impact of the Bill on equality is limited and it does not impose any additional impacts on any individuals falling within any of the current protected characteristics when compared to the existing policy. Therefore, a full EQIA is not considered necessary.

Formal public consultations were carried out on all the policy areas included in the Natural Environment (Scotland) Bill and an initial framing exercise was undertaken which involved officials in Scottish Government Policy teams in the Nature Division and the Rural and Environment Science and Analytical Services Division to gather evidence to inform this Equality Impact Assessment (EQIA). The information gathered during this exercise identified a limited number of potential impacts and so a proportional desk-based approach was taken to source existing data and evidence.

Qualitive and quantitative data was sourced during the framing exercise including, surveys on National Park attendance, surveys on deer stalking and evidence from existing NatureScot research and reports, which included advice to Scottish Ministers on the future of National Parks. Existing EQIA results have also been considered during this assessment.

This data and consultation responses were used to assess the impact of the Bill provisions on people in protected groups as defined by the Equality Act 2010. Further detail on the consultations carried out are detailed below.

Statutory targets for nature restoration

Scotland’s Strategic Framework for Biodiversity: consultation analysis – Statutory targets for nature restoration: Respondents were asked whether any of the provisions relating to the nature restoration targets proposals section of the consultation will have any adverse effects on particular groups including any potential impacts on equalities.

No adverse effects were raised by respondents in relation to equality on the proposals for statutory nature restoration targets.

Further details on the responses to these questions can be found in the published analysis: Biodiversity - strategic framework: consultation analysis - gov.scot.

Delegated power for future amendments to Environmental Impact Assessment (EIA) legislation and the Conservation (Natural Habitats, &c.) Regulations 1994

Environmental impact assessment regimes and habitats regulations: consultation: Within the consultation respondents were asked specific questions relating to the impacts of the delegated power on people with protected characteristics.

The published consultation analysis noted that many more respondents agreed than disagreed that the proposed delegated power will not have any impact on people with protected characteristics.

A few respondents suggested that, although the proposed enabling power itself will not likely have any impact on people with protected characteristics, there may be impacts to consider when the power is used.

Some respondents suggested that this was another important reason for a full consultation in advance of the power being used and that this should include appropriate equality impact assessments, including engagement with relevant representative organisations, to ensure changes to the rules take account of the needs of various groups within society.

A few respondents stated that they felt there was not enough detail provided at this stage to assess whether or how the proposed delegated power in relation to the EIA regimes and the 1994 Habitats Regulations will or will not have any impact on people with protected characteristics.

Further details on the responses to these questions can be found in the published analysis: Environmental impact assessment regimes and habitats regulations: consultation analysis - gov.scot

Modernisation of the aims and powers of National Parks

Scotland’s Strategic Framework for Biodiversity: consultation analysis - Modernising the aims and powers of National Park Authorities: Respondents were asked whether any of the provisions relating to the National Parks proposals section of the consultation will have any adverse effects on particular groups including any potential impacts on equalities.

No adverse effects were raised by respondents in relation to equality on the National Park provisions.

Further details on the responses to these questions can be found in the published analysis: Biodiversity - strategic framework: consultation analysis - gov.scot

Parks advice to Ministers – Report by NatureScot

During the development of the National Park proposals the Scottish Government requested advice from NatureScot^[3].This annex summarises the range of outputs from the work conducted specifically with young people, people with disabilities and people from ethnic minority backgrounds as part of the consultation on National Parks. The report resulted in the following recommendations relevant to the provisions in the Natural Environment (Scotland) Bill:

• Prioritise the accessibility of National Parks in terms of affordable physical access to the site, physical accessibility within the site, and making visitors feel welcome to visit that place.
• A National Park has to take a holistic view, accounting for its contributions to net zero, biodiversity, the circular economy, employment opportunities, and access to nature for all of Scotland’s people.

The provisions in the Bill relating to National Parks take these findings into account by amending the aims to promote inclusion and accessibility to and within the area of a National Park and the amendment to the aim to include biodiversity restoration and climate change mitigation.

Reforming legislation relating to deer management

Managing deer for climate change: consultation analysis: A formal public consultation was carried out on proposed changes to deer management legislation in Scotland.

No adverse effects were raised by respondents in relation to equality on the deer provisions.

Further details on the response to the consultation can be found in the published consultation analysis: Managing deer for climate and nature: consultation analysis - gov.scot

The information and evidence gathered from these consultations has been taken into account during the development of this EQIA.