Climate change Scotland: Watchdog finds 'failure' to comply with Scottish Parliament law from 15 years ago

Watchdog Environmental Standards Scotland has delivered a damning assessment of Holyrood’s most recent Climate Change Plan update

Scottish ministers have been told their next climate change plan must comply with legislation passed by Holyrood 15 years ago.

Watchdogs at Environmental Standards Scotland (ESS) issued the challenge as they published a report saying there was “clear evidence” the most recent Climate Change Plan update (CCPu) “failed to meet the requirements” of the 2009 Climate Change (Scotland) Act.

Campaigners at Stop Climate Chaos Scotland, representing more than 60 organisations, had asked ESS to intervene and investigate the effectiveness of the 2009 legislation amid concerns sparked by Scotland missing eight out of its last 12 annual emission reduction targets.

Climate campaigners from Extinction Rebellion Scotland protest outside the Pensions and Lifetime Savings Association Conference at the Edinburgh International Conference Centre (EICC), to highlight the flawed climate risk models used by pension funds and to call on the funds to stop investing in fossil fuels. Picture: Jane Barlow/PA Wire

In its report, ESS found the CCPu had “failed to meet the requirements” under the law to “quantify the emission reductions associated with all individual proposals and policies”.

ESS, which was set up to scrutinise public authorities’ compliance with environmental legislation, said it now expects the next Climate Change Plan from ministers, which has already been delayed, to “address this failure”.

The Bute House Agreement between the SNP and the Greens had committed the Government to producing a draft of its Climate Change Plan by the end of November 2023. But late last year it was announced this would be delayed, with the Scottish Government saying changes to UK government policy had impacted on its work in this area.

The most recent CCPu had been finalised by ministers in March 2021 without any changes being made – despite Holyrood committees making 166 recommendations.

Mark Roberts, ESS chief executive, said the Scottish Government must also address these in its next plan. He said: “Scotland has strong climate change legislation. To be effective, it has to be implemented fully.

“This report lays down a marker for the Scottish Government to ensure that their next Climate Change Plan meets the requirements of it in law. The next plan must not only address the shortcomings of the previous one, but must go further by ensuring it meets the requirements of the 2009 Act in full.

“The previous climate change plan in 2021 received hundreds of suggested recommendations from four committees of the Scottish Parliament and the climate change committee. The Scottish Government must address these ahead of the publication of its next Climate Change Plan.

“ESS looks forward to reviewing the new draft Climate Change Plan when the Scottish Government presents it for consultation later this year. ESS will report on the draft plan and act as it considers necessary.”

Mike Robinson, chairman of Stop Climate Chaos Scotland, said the ESS report “identifies serious failings in the way the Scottish Government’s current Climate Change Plan was developed”.

He said the new plan was a “critical document that must now set out fair and fast new actions to get climate action in Scotland fully on track”.

Mr Robinson said: “There can be no hiding from the fact that while progress to reduce Scotland’s emissions is being made, it’s not happening fast enough.”

“As a result, we’ve missed eight out of the last 12 targets, and we’re off track to cut emissions by 75 per cent by 2030. That can’t continue.”

The Scottish Government has been asked for comment.