National Good Food Nation Plan: consultation analysis

Specified Functions for the national Good Food Nation Plan

219. The consultation paper explained that specified functions tell Scottish Ministers when they must take account of a particular policy area while carrying out governmental work. Scottish Ministers would be legally required to have regard to the draft national GFN Plan when carrying out any governmental work listed as a specified function. This means that Scottish Ministers are considering the impact that their actions will have on future policy related to food. The paper went on to comment that the specified functions for the Good Food Nation (Scotland) Act 2022 will be set out in secondary legislation. The Scottish Government has taken a proportionate and targeted approach by including a combination of specific legislative references and descriptions of actions or aims. The full list of specified functions for each Outcome are listed in the draft national GFN Plan consultation document.

Missed Functions

220. Question 19 asked:

Q19: Please let us know if we have missed any function falling within a specified description or relevant specified functions in the list

221. A total of 97 respondents answered this question. Some of these respondents provided general comments relating to all six Outcomes; others chose to respond about specific Outcomes. Some also noted their agreement that specific functions such as the Food (Scotland) Act have been included.

222. Specific references were made to a wide range of existing and future legislation which needs to be considered:

• Agricultural Holdings Act.
• Agriculture and Rural Communities (Scotland) Bill.
• Animal Health and Welfare (Scotland) Act 2006.
• Blue Economy Vision.
• Child Poverty Act (2017).
• Children and Young People (Scotland) Act 2014.
• Circular Economy Bill.
• Climate Change Plan.
• Climate Emergency Skills Action Plan.
• Community Empowerment Act.
• Community Wealth Building Bill.
• Environmental Health.
• Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021.
• Food Safety Act 1990 (and other regulatory food legislation).
• Getting it Right for Every Child.
• Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014.
• Human Rights Bill.
• Just Transition Plans.
• Land-based Learning Review.
• Land Reform Bill.
• Learning for Sustainability Action Plan Target 2030.
• Local Planning and Licensing.
• National Improvement Framework.
• National Marine Plan (Scotland) 2015.
• National Planning Framework.
• Natural Environment Bill.
• NHS Act Section 1 (1978).
• Public Services Reform (Scotland) Act 2010, section 59.
• Scottish Biodiversity Strategy.
• Scottish National Adaptation Plan 3.
• Social Security (Scotland) Act 2018.
• Town and Country Planning Act (Scotland) 1997 (as amended by the Planning (Scotland) Act 2019).
• Transport policy.
• UN Convention on the Rights of the Child.
• Vision for Sustainable Aquaculture.
• Waste (Scotland) Regulations 2012.
• Wellbeing and Sustainable Development Bill.
• Wildlife Management Legislation.

223. Most comments repeated key themes that emerged across earlier questions or reiterated support for the functions outlined within the consultation paper.

224. While not directly addressing this question, a key comment was made, primarily from organisations within the third sector and trade associations. This was that as this will apply across all areas of government and policy, there is no need to set out specific functions, if the aim is to be a whole of government or whole of Scotland approach. They felt the list of existing functions as presented in the consultation paper will not be complete due to other existing legislation or future legislation. As noted by a third sector organisation:

“We understood that the whole objective of the Good Food Nation (Scotland) Act 2022 and its associated National and Local Plans, is that it will apply across all areas of government and policy. This therefore raises the question as to why there is a need to set out specified functions (and specific areas) in this way within the national Plan, if the aim is for this to be a whole of government/whole of Scotland approach? Outlining a specific list in this way suggests this is a limited function for only certain sections of the Government and for specific pieces of legislation, and also doesn’t account for the impact that food and the food system might, can and does have on other areas of policy which on the surface don’t seem to be influenced by or influence the food system, but which actually do. Outlining specific measures is challenging in ensuring all relevant functions are specified and in keeping the list up to date as new legislation is passed, but essential in achieving coherence in policy-making and the degree of public support that Good Food measures need to sustain.”

225. Previous chapters of this report have noted that significant numbers of respondents requested more detail on how implementation of the national GFN Plan will be monitored. There were some calls at this question for an annual report to be produced demonstrating how Ministers have taken the national Plan into account.

226. The establishment of the Scottish Food Commission was generally seen as positive by respondents who referred to the organisation. That said, it was also felt there should be a requirement for the Scottish Food Commission to prepare advice to the Scottish Government and other public bodies on how to ensure policies and legislation take account of the national Plan.

Reasons for including a specified function

227. Question 20 then asked:

Q20: Why do you think this specified function/function falling within a specified description should be added?

228. A total of 71 respondents provided a response, many of which reiterated points raised at previous questions. A number of comments focused on wider benefits to the environment, net zero, sustainability and biodiversity, as well as positive health and wellbeing Outcomes.

229. For example, respondents who felt that food and drink tourism should be a function under all Outcomes, noted that there was a need for greater recognition of the role of food tourism. In particular, there was reference to agritourism as this helps with sustainable local produce and healthier lifestyles as well as delivering wider benefits for net zero and the Scottish economy. Respondents who had referred to breastfeeding at Question 19 noted the benefits of this to both mother and child. There were also a few references to the need for a more joined up approach for dealing with how food production impacts climate and greenhouse gas emissions. Those who had referred to a greater focus on plant-based diets noted that a plant-based diet aligns with global health and environment directives, as well as bringing about many health benefits.