Strategic Environmental Assessment of the Agriculture and Rural Communities (Scotland) Bill: EIR release

Information requested

Whether any further consideration been given to the need for an SEA of the Agriculture and Rural Communities (Scotland) Bill, since the date that the Statutory Consultees gave their responses to the Screening notification (September 2022) and if there was any work underway (or planned) to prepare an SEA for publication before the parliamentary process for secondary legislation relating to the Agriculture and Rural Communities (Scotland) Bill commences?

Response

Point 1: Has any further consideration been given to the need for an SEA of the Agriculture and Rural Communities (Scotland) Bill, since the date that the Statutory Consultees gave their responses to the Screening notification (September 2022)? If so, please provide information relating to this further consideration, including any further correspondence with the statutory consultees and/or any internal Scottish Government e-mails.

Answer: The position adopted for the Agriculture and Rural Communities (Scotland) Act 2024 is unchanged. The Consultation Authorities supported our view that the Act is enabling in nature and was therefore unlikely to have significant environmental effects. The Scottish Government has however taken a precautionary approach, as recommended by the Consultation Authorities, and aims to review for likely significant environmental effects when developing secondary legislation. It is at this stage where a Strategic Environmental Assessment (SEA) can be more meaningfully undertaken.

To note, there was an administrative issue with a delay in publication of the SEA screening. This was addressed in a letter which was issued to the Rural Affairs and Islands Committee from the Cabinet Secretary for Rural Affairs, Land Reform and Islands on 19 March 2024: Agriculture and Rural Communities Bill, Strategic Environmental Assessment screening (parliament.scot). Additionally, there was a previous EIR on a similar topic and the published response to this can be found here: Agriculture and Rural Communities (Scotland) Bill information: EIR release - gov.scot (www.gov.scot).

Point 2: Is there any work underway (or planned) to prepare an SEA for publication before the parliamentary process for
secondary legislation relating to the Agriculture and Rural Communities (Scotland) Bill commences?

Answer: A Strategic Environmental Assessment (SEA) requires the detail of change that will be subject to active codevelopment within the Agricultural Reform Programme. The phased transition into new support using the powers of the Agriculture and Rural Communities (Scotland) Act 2024 is outlined in the published Route Map: Agricultural Reform Route Map (ruralpayments.org).

The proposed approach to engagement with statutory bodies and parliamentary scrutiny is referenced within the illustrative draft outline of the Rural Support Plan which was issued to the Rural Affairs and Islands Committee from the Cabinet Secretary for Rural Affairs, Land Reform and Islands on 7 June 2024, ahead of Stage 3: Rural Support Plan | Scottish Parliament Website. This will, of course, be subject to further deliberation on timing and approach based on the sequencing of secondary legislation and parliamentary scheduling.

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