On Tuesday 1 September, the Scottish Government published its Programme for Government (PfG), setting out its plan for the next five years and specific actions for the year ahead. In his opening speech to parliament, the First Minister pledged to ‘protect our beautiful natural environment,’ but, perhaps unsurprisingly, his actual plans are a mixed bag – with some welcome proposals, alongside some ominous policy changes and worrying omissions that have implications for environmental rights. Here is our initial response.
Data centres and the climate emergency
Tackling the climate emergency remains a headline priority of the Scottish Government, but as Stop Climate Chaos Scotland observes, it seems they are treating it as an emergency in name only. We are one of many disappointed that the First Minister missed the opportunity to announce a moratorium on hyperscale AI data centres, which could double Scotland’s peak energy demand if all planning applications in the pipeline were approved.
Last month, ERCS and APRS wrote to the First Minister urging an immediate moratorium on hyperscale data centres, until it has analysed the cumulative impact of new developments on Scotland’s energy grid, energy prices and climate targets; clearly defined what counts as a ‘green data centre’; and, crucially, made environmental impact assessments mandatory.
The PfG states that it is putting in place a strategic approach to green data centres, but we do not know what this entails, and in the meantime, communities resisting data centres in Auchtertool, Larbert and elsewhere continue to face an uncertain future.
Enforcing the ban on engine idling
One area ERCS has long sought action on is the effective enforcement of Scotland’s ban on engine idling. Idling releases toxic exhaust fumes that are harmful to human health and the environment and the PfG recognises that it needs to, ‘respond to Environmental Standards Scotland’s Improvement Report which recommends an increase to fines for vehicle idling and, subject to Parliamentary approval, consult on this change’ (p.38). This is a good outcome to our representation to Environmental Standards Scotland, who subsequently backed our calls for stronger enforcement.
Now we need to see action. Working with our coalition, we are asking the fine to increase from £20 to £80 so that it acts as a meaningful deterrent and an incentive for local authorities to enforce the ban. This is important because while idling is an easily preventable harm, a lack of enforcement has allowed drivers to pollute with impunity.
Clean Up Scotland’s Sewage
Alongside Surfers Against Sewage, Marine Conservation Society, and many others, ERCS is calling for action to realise our right to clean water through action on sewage pollution.
Although the Scottish Government says it will consider the viability of bringing urban waterways like the Govan Graving Docks in Glasgow, Wardie Bay and sections of the Water of Leith in Edinburgh into safe usage, there is no sign of a Clean Water Bill – even as public concern continues to mount. As Lib Dem party leader Alex Cole-Hamilton commented in the PfG debate, ‘we have just learned that the Scottish Government’s own water company [Scottish Water] dumped sewage 100,000 times into our rivers, lochs and beaches last year…[and we are] asking why Parliament isn’t modernising our laws on that.’
The omission of a Clean Water Bill appears at odds with the pledge to support Scotland’s ‘natural capital by protecting and restoring nature’. It also seems to be an own goal in light of stated aspirations for an independent Scotland to re-join the European Union: keeping pace with EU environmental laws including the Urban Wastewater Treatment Directive and the revised EU directive on Environmental Quality Standards seems a logical step in the right direction.
In Parliament on Tuesday, the First Minister stated how he understood that his party would need to reach agreement with other political parties and find common ground. With cross-party consensus on the need to tackle water pollution from Labour, the Greens, and Lib Dems (alongside many in the SNP), a Clean Water Bill should be a no brainer.
Access to justice – Legal Aid (Scotland) Bill
To increase access to justice, it has long been acknowledged that legal aid needs a complete overhaul. This includes amending Regulation 15 of the Civil Legal Aid Regulations 2002 to make it easier to obtain legal aid to hold public bodies and polluters to account on the environment.
The Scottish Government re-stated its commitment to introducing a Legal Aid Reform Bill, which is currently under consultation. The devil will be in the detail on whether this Bill can effect real change and help address Scotland’s non-compliance with the Aarhus Convention’s access to justice requirements.
A single environmental body – The Public Service Renewal (Scotland) Bill
Perhaps most significantly, the Scottish Government announced its intention to, as part of its Public Service Renewal (Scotland) Bill, ‘bring the national environment public bodies (SEPA, NatureScot, Zero Waste Scotland and potentially Scottish Forestry) into a single overarching environment body’ (p.46).
This was not anticipated, and we will need to carefully the consider the implications this has for monitoring and enforcing environmental regulations. While light on details, the announcement raises immediate questions concerning the new body’s scope, resourcing, and whether it will have the capability to deliver on the climate and biodiversity targets for ecosystems resilience by 2030. As Scottish Green MSP Patrick Harvie commented in the PfG debate, ‘Ministers might see these bodies as working under a common portfolio, but in reality these bodies perform distinct and important functions that can’t be sacrificed.’
ERCS appreciates the need for efficiency, but this cannot come at any cost: a merger cannot be an excuse to reduce the resources essential for protecting our environment. We have previously expressed concern that SEPA’s budget was cut by more than a quarter between 2010 and 2023, hindering its ability to effectively monitor pollution and enforce environmental laws. Public bodies must be equipped with the capacities and resources to effectively enforce environmental regulations, and we will closely scrutinise the government’s proposals when further details are published.
A Scottish Human Rights Bill
It is reassuring to have a renewed commitment from the Scottish Government to introduce a Human Rights Bill, ‘aiming for introduction in Year 2’. However, there is no detail, and the PfG announcement is far more muted than the previous bold commitment to mainstream human rights across all sectors. ERCS will continue to press for recognition of a human right to a healthy environment with substantive and procedural elements and affordable routes to remedy.
Conclusion
The Scottish Government has painted a clear picture of its priorities for this parliament. We will push them to be bolder where their policies show promise, offer constructive criticism where there are genuine opportunities for dialogue, and hold them to account if they put our climate and environment at greater risk of harm .
