Onshore unconventional oil and gas in Scotland: analysis of responses to consultations

1. Introduction

1.1 In Autumn / Winter 2018, the Scottish Government undertook a public consultation on a Strategic Environmental Assessment (SEA) and a partial Business and Regulatory Impact Assessment (BRIA) relating to the development of unconventional oil and gas in Scotland. The consultation also invited views on the Scottish Government's preferred policy position on this issue.

1.2 In light of some of the views that were expressed in response to the 2018 consultation, the Scottish Government published an addendum to the 2018 consultation in April 2019. The addendum provided further clarification on a number of points raised, specifically regarding the preferred policy position and its objectives. The addendum also updated the Scottish Government's position on the reasonable alternatives to the preferred policy position, in light of the comments received. Further views were invited on the contents of the addendum.

1.3 This report presents the findings of the analysis of responses received to the 2018 consultation, and it also includes an analysis of the views submitted in response to the 2019 addendum.

Policy context

1.4 The Scottish Government has taken a cautious and evidence-led approach in developing its position on the issue of onshore unconventional oil and gas in Scotland. Over a four-year period, from 2013, it established an Independent Expert Scientific Panel and commissioned a range of research reports. Then, in 2017, the Scottish Government undertook a public consultation (Talking Fracking), inviting members of the public to comment on the main findings of the research reports, and to give their views on the benefits and risks of developing an unconventional oil and gas industry, including to health, communities, the environment and the economy. The consultation received more than 60,000 responses. Following publication of the report of the analysis in October 2017, the Scottish Parliament voted overwhelmingly to endorse the Scottish Government's preferred policy position of not supporting the development of an unconventional oil and gas industry in Scotland.

1.5 In accordance with statutory requirements under the Environmental Assessment (Scotland) Act 2005 (hereafter 'the 2005 Act'), a Strategic Environmental Assessment (SEA) on the Scottish Government's preferred policy position was required to be undertaken. Strategic Environmental Assessment is a systematic process, which aims to ensure that environmental considerations are fully integrated into the preparation of plans and programmes prior to their final adoption. It identifies likely significant environmental effects and, where necessary, describes how these effects can be avoided or reduced. Through consultation, the SEA process also provides an opportunity for the public to express their views on proposed policies and their potential environmental impacts. In the current case, the SEA was used to assess the likely significant environmental effects of the Scottish Government's preferred policy position of not supporting onshore unconventional oil and gas development in Scotland. The SEA is also required to assess the likely significant environmental effects of any 'reasonable alternatives' to the preferred policy position.

1.6 In addition, in line with best practice, the Scottish Government also committed to undertake a Business and Regulatory Impact Assessment (BRIA). A BRIA helps to assess the likely costs, benefits and risks of any proposed primary or secondary legislation, voluntary regulation, code of practice, policy change or guidance that may have an impact on the public, private or third sector.

The consultation

1.7 The Scottish Government has now undertaken an SEA and a partial BRIA in relation to its preferred policy position, and a public consultation was carried out between 23 October and 18 December 2018. The consultation invited views on (i) the Environmental Report produced as part of the SEA process, (ii) the partial BRIA and (iii) a statement of the Scottish Government's preferred policy position. These three documents were made available on the Scottish Government's consultation website.^[1]

1.8 This consultation was technical in nature. There were six open questions which took the form of 'What are your views on X?' The first four questions related to the Environmental Report; the fifth related to the statement of the Scottish Government's preferred policy position; and the last related to the partial BRIA:

• Q1: What are your views on the accuracy and scope of the information used to describe the SEA environmental baseline set out in the Environmental Report?
• Q2: What are your views on the predicted environmental effects as set out in the Environmental Report?
• Q3: What are your views on the 'reasonable alternatives' outlined in the Environmental Report? Please provide any other 'reasonable alternatives' which you think should be considered.
• Q4: What are your views on the findings of the SEA and the proposals for mitigation and monitoring of the environmental effects set out in the Environmental Report?
• Q5: Do you have any views on the proposals contained within the Scottish Government's preferred policy position statement?
• Q6: What are your views on the opportunities and challenges that each of the three options set out in the partial BRIA could have for businesses?

Consultation on the addendum

1.9 In light of some of the comments received in response to the consultation, the Scottish Government published (on 30 April 2019) an addendum. The addendum provided further clarification on a number of points raised in responses to the 2018 consultation. The addendum also updated the Scottish Government's position on the reasonable alternatives to the preferred policy position, in light of the comments received. Specifically, the addendum addressed points regarding: (i) the objectives of the preferred policy position, (ii) the consideration of the 'reasonable alternatives' to the preferred policy position, (iii) the focus on policy, not legislation, and (iv) mitigation.

1.10 Further views were invited on the contents of the addendum, and this latter consultation closed on 25 June 2019.

About the analysis

1.11 Given that all the consultation questions were open questions, the analysis was primarily qualitative in nature. Frequency analysis was undertaken to report the number and types of respondents who took part in the consultation (see Chapter 2); however, the main aim of the analysis was to identify the main themes and the full range of views expressed in relation to each of the six consultation questions, and to draw out areas of agreement and disagreement between different groups of respondents.

1.12 As with all consultations it is important to bear in mind that the views of those who have responded are not representative of the views of the wider population. Individuals (and organisations) who have a keen interest in a topic – and the capacity to respond – are more likely to participate in a consultation than those who do not. This self-selection means that the views of consultation participants cannot be generalised to the wider population.

About the report

1.13 This report contains ten chapters and is structured as follows:

• Chapter 2 presents information about the individuals and organisations that took part in the 2018 consultation.
• Chapter 3 provides an overview of the two main perspectives of the respondents, and discusses a range of issues raised by a small number of respondents in relation to the methodology used to conduct the SEA.
• Chapters 4 to 9 present the results of the analysis for each of the six consultation questions in the 2018 consultation, on a question-by-question basis.
• Chapter 10 presents information about the respondents to the (2019) consultation on the addendum, and the results of the analysis of responses.^[2]

1.14 There are four annexes:

• Annex 1 contains information about a campaign organised by Friends of the Earth Scotland (FoES), and the 'standard campaign' text – i.e. the text provided by FoES to its supporters. This campaign was in response to the 2018 consultation.
• Annex 2 contains a list of the organisational respondents to the 2018 consultation.
• Annex 3 contains details of the number of responses to each of the 2018 consultation questions.
• Annex 4 contains information about the respondents to the consultation on the addendum.