Environmental principles and governance after Brexit: responses to consultation

Appendix 16: Summary of consultation questions

Chapter 2:

• Question 1: Do you agree with the introduction of a duty to have regard to the four EU environmental principles in the formation of policy, including proposals for legislation, by Scottish Ministers?
• Question 2: Do you agree that the duty should not extend to other functions exercised by Scottish Ministers and public authorities in Scotland?
• Question 3: Do you agree that a new duty should be focused on the four EU environmental principles? If not, which other principles should be included and why?
• Question 4: Do you agree there should be an associated requirement for a policy statement which would guide the interpretation and application of a duty, were one to be created?

Chapter 3:

• Question 5: What do you think will be the impact of the loss of engagement with the EU on monitoring, measuring and reporting?
• Question 6: What key issues would you wish a review of reporting and monitoring requirements to cover?

Chapter 4:

• Question 7: Do you think any significant governance issues will arise as a result of the loss of EU scrutiny and assessment of performance?
• Question 8: How should we meet the requirements for effective scrutiny of government performance in environmental policy and delivery in Scotland?
• Question 9: Which policy areas should be included within the scope of any scrutiny arrangements?

Chapter 5:

• Question 10: What do you think will be the impact in Scotland of the loss of EU complaint mechanisms?
• Question 11: Will a new function be required to replace the current role of the European Commission in receiving complaints from individuals and organisations about compliance with environmental law?

Chapter 6:

• Question 12: What do you think the impact will be in Scotland of the loss of EU enforcement powers?
• Question 13: What do you think should be done to address the loss of EU Enforcement powers? Please explain why you think any changes are needed