Scotland can’t be allowed to drift back on standards for protecting environment - Isobel Mercer

The natural world has become more important to many during the Covid-19 crisis, but every week new evidence emerges about the speed and scale at which nature is being destroyednote-0.

Isobel Mercer, Senior Policy Officer, RSPB Scotland

It is unthinkable then, at this pivotal moment when talk is high of a green recovery from the health and economic crisis that fundamental environmental, human rights and equalities standards are at risk of being traded away. However, civil society organisations have raised concerns that hard-won progress in these areas could be rolled back, if the UK’s trade talks with the EU and other countries lead to a weakening of regulations. This could include areas like farming standards, pollution controls and wildlife protection.

The Scottish Government has set its stall on these issues from the outset and has made repeated commitments to “maintain or exceed” EU standards. This high bar of ambition is admirable, and is supported by the public: 84 per cent feel that EU environmental protections should be retained or strengthened.

The Continuity Bill, currently making its way through the Scottish Parliament, aims to fill gaps in laws as we exit the EU, but is missing a clear commitment not to roll back standards. However, what the Bill does do, is create powers for Scotland to remain aligned with EU law, called “keeping pace powers”.

The EU has a strong track record on designing legal safeguards for nature – though not always on ensuring they are implemented – and seems to be heading in a positive direction through its 2030 Biodiversity Strategy and Farm to Fork Strategy. Pursuing high environmental standards through aligning itself with the EU is likely to be a smart move from the Scottish Government.

But whilst this is a sensible tool, the powers don’t go far enough. It is left to Scottish Ministers to decide whether or not to use them, and there has been no clarity about specific areas of EU law the Scottish Government would like to align with in the future.

The Bill needs to include a clear purpose for how the “keeping pace powers” will be used, and Scottish Environment LINK, a coalition of 38 environment charities, has teamed up with the Human Rights Consortium, the Scottish Council for Voluntary Organisations, Scotland’s International Development Alliance and Learning for Sustainability Scotland to press for this to happen.

A purpose should indicate the desired outcomes, clarifying that the powers should be used, where possible, to maintain and advance standards in areas such as environmental protection, animal health and welfare, equality, human rights and social protection.

Providing a purpose in the Bill would create direction and gear Scotland’s policy landscape up for progression, not regression, over the coming years.

Clearly, it will not be practical, nor desirable to align with EU law on absolutely everything, but setting a purpose would guide decision-making and align use of the “keeping pace powers” to existing environment and human rights goals, such as the UN Sustainable Development Goals.

These powers must help Scotland avoid drifting back on standards that affect the quality of our environment and people’s quality of life, instead enabling Scotland to drive a race to the top.

RSPB Scotland is part of the Fight for Scotland’s Nature Campaign, a coalition of 38 environmental organisations: www.fightforscotlandsnature.scot.

Isobel Mercer, Senior Policy Officer, RSPB Scotland