The Programme for Government announced yesterday signals the Scottish Government’s abject failure to deliver on their promise of a Scottish Human Rights Bill including the human right to a clean, healthy and sustainable environment in this parliamentary session.
We do not take comfort in their statement of remaining ‘committed to legislation to incorporate international treaties into Scots law, developing proposals and engaging with stakeholders’.
From the recommendations made by the National Taskforce for Human Rights Leadership in 2021, the road has been clearly marked for a transformative Bill that would be the envy of the devolved nations. Too much time has been dedicated to supporting its development for it to be pushed into the long grass.
The Bill was to respect, protect and realise all our human rights. For the first time, Scots would have their substantive right to a healthy environment enshrined in law: the right to clean air; a safe climate; clean water and sanitation; healthy and sustainably produced food; non-toxic environments in which to live, work, study and play; and healthy biodiversity and ecosystems. While we welcome the introduction of a Natural Environment Bill, this will help to protect only one of the substantive features.
If we are to turn the tide on the climate and nature emergencies, we need an enforceable right to a healthy environment to oblige duty bearers to comply with the law and to provide effective remedies when they do not. It is a mark of cowardice that there is no progress towards increasing access to justice to hold public bodies and polluters to account.
Shivali Fifield, ERCS Chief Officer