Environmental governance arrangements: report
The first report to Parliament, following the exit from the European Union, into the effectiveness of governance arrangements as required by section 41 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.
6. Consultation
The consultation on the report will be carried out via Citizen Space, and will be open for responses over a 16-week period.
This is the text of the consultation and questions:
6.1 Overview
Following the publication of the Environmental Standards Scotland (ESS) Strategy on 1 December 2023, the Scottish Government has gathered evidence on the effectiveness of environmental governance. The evidence gathered has helped to inform the Report on The Effectiveness of Environmental Governance. The content of this consultation is closely aligned with that of the report, therefore the consultation is seeking views on the three key matters listed in section 41 (2) of the Continuity Act, including:
- whether the provisions of the Continuity Act have ensured that there continues to be effective and appropriate governance relating to the environment following the withdrawal of the United Kingdom from the EU?
- is the law in Scotland on access to justice on environmental matters effective and sufficient?
- whether and, if so, how the establishment of an environmental court could enhance the governance arrangements introduced by the Continuity Act?
6.2 Why your views matter
The Scottish Government is committed to ensuring that there is effective environmental governance arrangements post-Brexit. Your views are crucial to informing the Scottish Government on how environmental governance has performed following the exit from the European Union, access to justice on environmental matters and whether an environmental court can enhance governance.
6.3 Overview of environmental governance
The scope of the review is focused on matters within the Continuity Act. The content of chapter two highlights wider issues of environmental governance that are outwith the formal scope of the report. The Scottish Government welcomes general comments on the review and wider issues of environmental governance.
1. Do you have any general comments on the scope of the review and the Scottish Government approach?
2. Do you have any further comments on wider issues of environmental governance?
6.4 Environmental governance post-Brexit
Chapter three provides an overview of environmental governance following the exit of the UK from the EU, covering issues such as environmental law, existing governance arrangements, the role of Environmental Standards Scotland and how this compares to governance within the EU.
1. Do you have any comments on the content of chapter three and the Scottish Government policy on this subject?
2. Do you have any further comments on the existing environmental governance arrangements?
3. Do you have any further information or evidence on the issues presented in chapter three?
6.5 Access to justice on environmental matters
Chapter four covers evidence around access to justice on environmental matters in Scotland, presents stakeholders' input and the Scottish Government position on ensuring that there is effective access to justice on environmental matters in Scotland.
1. Do you have any comments on the content of chapter four and the Scottish Government position on this subject?
2. Do you have any further comments on existing access to justice on environmental matters?
3. Do you have any further information or evidence on the issues presented in chapter four?
6.6 Governance Arrangements and Environmental Court
Chapter five provides an overview of the evidence provided on whether an environmental court can enhance existing governance arrangements, and presents the current position of the Scottish Government on the issue.
1. Do you have any comments on whether an environmental court would enhance environmental governance arrangements and the Scottish Government position on this subject?
2. Do you have further comments on whether an environmental court can enhance governance arrangements?
3. Do you have any further evidence or information on whether an environmental court can enhances governance arrangements?
6.7 Additional Information
If any member of the public wants to respond to the consultation other than through Citizen's Space, they should contact the review team by email at EnviroGovReview@gov.scot
Contact
Email: EnviroGovReview@gov.scot
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