The Natural Environment (Scotland) Bill - Child Rights and Wellbeing Impact Assessment (CRWIA)

Introduction

1. Brief Summary

Type of proposal : Bill

Key Terms

Biodiversity: the variety of plant and animal life in the world or in a particular habitat, a high level of which is usually considered to be important and desirable.

Carbon sequestration: The process of capturing, securing and storing Carbon Dioxide from the atmosphere.

Fixed Penalty Notices: A fixed-penalty notice is a notice giving an individual the opportunity to pay a fee instead of facing prosecution for a minor offence (such as littering) and can apply to individuals aged 16 and above.

National Parks: Scottish National Parks are large areas of land that are designated by Ministers because of their national importance due to their natural heritage or the combination of their natural and cultural heritage.

NatureScot: NatureScot is the lead public body responsible for advising Scottish Ministers on all matters relating to the natural heritage.

Nature Restoration: repairing or recovering ecosystems that have been damaged, degraded or destroyed by humans or natural causes.

Secondary Legislation: Law created by Ministers (or other bodies) under powers given to them by an Act of Parliament (i.e. the Natural Environment (Scotland) Bill).

Overall aims and intended purpose

The summary below has been drafted to provide a simplified description of the proposals in the Natural Environment (Scotland) Bill (“the Bill”). For more detail, please read the Policy Memorandum and the Explanatory Notes which accompany the Bill. The natural environment, or nature, includes all naturally occurring living things, which we call biodiversity. Biodiversity is the web of life. It is the variety of all living things and the ecosystems where they live (on land or in water). It comprises the living organisms in a particular space, whether in a window-box, garden, park, meadow, peatland, river, loch, estuary, ocean, beach or mountain top.

Biodiversity inspires people. It has enormous value in its own right but is also central to our survival as a species. Our economy, jobs, health and wellbeing depend on biodiversity, yet humanity has caused the loss of 83% of all wild mammals and half of all plants.

As we are now facing a global climate and nature emergency, it is essential that we take action to tackle these crises to ensure by putting in place measures that will help to deliver a nature positive vision for Scotland.

There are four main strands of work included in the Bill:

• Establishing the framework for statutory targets for nature restoration
• Enabling powers which allow for future amendments to Environmental Impact Assessment (EIA) legislation and the Conservation (Natural Habitats, &c.) Regulations 1994
• Modernisation of the aims and powers of National Parks
• Reforming legislation relating to deer management

Start date of proposal’s development: September 2022

Start date of CRWIA process: May 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

Statutory targets for nature restoration

The Part of the Bill introducing the statutory targets for nature restoration does not make any particular provisions as regards to children and will not have any direct impacts on the rights and wellbeing of children and young people.

Statutory nature restoration targets, established through the Bill, form a key part of the Scottish Government’s Strategic Framework for Biodiversity, which includes the Scottish Biodiversity Strategy and the underpinning delivery plans.

The Biodiversity Strategy and Delivery Plans have been published on the Scottish Government website:

Scottish Biodiversity Strategy to 2045 - gov.scot

Biodiversity: delivery plan 2024 to 2030 - gov.scot

These targets, like our climate targets, will secure accountability, driving action across Government. They will be focused on achieving the overarching goal of this Strategy, of halting biodiversity loss by 2030, and restoring Scotland’s natural environment by 2045.

The targets will be achievable yet challenging, developed in consideration of available evidence and through consultation. They are expected to include outcome targets that accommodate species abundance, distribution and extinction risk and habitat quality and extent. The targets will reflect the challenges of a changing climate.

The Bill itself will not set out the full detail of the targets or set out the policies and actions needed to deliver the targets instead, the provisions in the Bill will establish the framework required for the implementation of these nature restoration targets.

The Bill will also set out a framework for setting, reviewing and reporting on the nature targets and place a duty on Scottish Ministers to report the progress being made to meet the targets.

The target provisions in the Bill include high level topics against which specific targets will be set. Future legislation made under the Bill (secondary legislation) will set out more details of the actual targets and how the Scottish Government will monitor its progress to achieve them. This approach allows for the target topics to be adaptable to changing circumstances and ensures that parliamentary scrutiny is maintained.

Therefore, further CRWIAs will also be conducted on any future secondary legislation that is made under the provisions in the Bill that set out further details of statutory nature restoration targets. This will ensure that any potential impacts on children and young people are considered when the individual targets are being developed.

The actions taken to deliver statutory nature restoration targets set out in secondary legislation, will be undertaken via the Scottish Biodiversity Strategy Delivery Plans. These actions may have impacts on children and young people and further CRWIAs will be conducted on the SBS delivery plans where necessary.

Enabling power for future amendments to the Environmental Impact Assessment legislation and 1994 Habitats Regulations

The enabling power provisions introduced by the Bill do not make any particular provision as regards to children and young people and they will not have any direct impacts on the rights and wellbeing of children and young people. However, depending on the changes being made, future legislation made under this power may impact on children and young people.

The Conservation (Natural Habitat, &c.) Regulations 1994 (“the 1994 Habitats Regulations) and the Environmental Impact Assessment (EIA) regime are key legal frameworks underpinning environmental protection and assessment processes in Scotland, on land and at sea.

The purpose of the enabling power in the Natural Environment Bill is to allow the Scottish Government to make future amendments to this legislation, if needed, to respond to evolving circumstances, or to address existing issues and inefficiencies. This provides the flexibility to adapt to future requirements, while maintaining or improving overall environmental outcomes.

Further CRWIAs will be conducted on any future secondary legislation that is made under the enabling power in the Bill to ensure that any potential impacts on children and young people are considered when the legislation is being developed.

Modernisation of the aims and powers of National Parks

There are currently two National Parks operating in Scotland: Cairngorms National Park; and Loch Lomond and the Trossachs National Park.

Working with partners and their local communities, our National Parks can be exemplars in contributing towards Scotland’s ambitious targets to halt biodiversity loss by 2030 and reverse declines by 2045.

Equally, they have a vital role to play in supporting the transition to a net zero economy in a way that is fair and inclusive for local people. National Parks can help drive the adoption of nature-based solutions – such as restoring degraded peatland and expanding woodland – in order to reduce greenhouse gas emissions and adapt to the effects of climate change in a way that is fair and inclusive to those living and working in their areas.

The Bill amends the statutory aims and powers of National Parks in Scotland by amending the legislation which governs National Parks, the National Parks (Scotland) Act 2000.

Aims of National Parks

The changes being made by the provisions in the Bill relating to the aims of National Parks will have an overall positive impact on children and young people.

National Parks in Scotland are enjoyed by a significant number of young people and National Parks authorities actively engage with children and young people through volunteering programmes and focussed engagements and activities.

As set out in Section 3 of this CRIWA there is a range of research and literature to support the benefits of access to a healthy environment and nature on people, including children and young people.

The changes being made will help to highlight and strengthen the focus of National Parks and their authorities in restoring biodiversity, tackling climate change, encouraging recreation, supporting access to and within the area and promoting development which improves the health, wellbeing and prosperity of individuals and communities (including young people) within the area.

Whilst the changes to the existing aims are mainly linguistic, a new subsection is proposed which elaborates on what is considered to be part of these aims. This includes (but is not limited to):

• Restoring and regenerating biodiversity in the area,
• Mitigating the effects of, and adapting to, climate change,
• Supporting access to and within the area,
• Encouraging recreation in the area,
• Promoting sustainable tourism and visitor management, and
• Promoting sustainable development activity which improves the health, wellbeing and prosperity of individuals and communities within the area.

Enabling Power for National Parks to issue Fixed Penalty Notices.

The enabling powers provisions introduced by the Bill do not make any particular provision as regards children and they will not have any direct impacts on the rights and wellbeing of children and young people. However, future legislation made under these powers may impact children aged 16 – 18.

The provisions in the Bill itself allow the Scottish Ministers to make regulations which providing the National Park Authorities with powers to issue Fixed Penalty Notices directly for certain minor offences, rather than doing so through reports to the Crown Office and Procurator Fiscal Service (COPFS). National Park Authorities already carry out this duty in some cases in relation to littering and fly tipping offences in Loch Lomond and the Trossachs National Park area. Given that the changes are largely administrative, these provisions are not considered to have a direct impact on children and young people.

The full detail of the National Park fixed penalty notice regime will be set out in secondary legislation. At the point of use of these powers, further consideration will be given to whether the regulations have an impact on children and young people as part of another CRWIA which will be undertaken.

Reform of legislation relating to deer management

The deer management provisions introduced by the Bill do not make any particular provision as regards children. However, the deer management provisions will affect those that work in the deer management/wildlife management sector/industry, people who are studying for a qualification in land management, gamekeeping or a related subject and individuals who stalk deer recreationally, and that may include children and young people.

The deer management provisions will apply to all individuals equally and children and young people will be affected by the Bill in the same way as adults.

Deer management has long been recognised as a vital contributor to land management. Adult deer have no natural predators in Scotland and their numbers need to be controlled to limit and mitigate the physical damage that wild deer can cause to public and private interests and safeguard the welfare of wild deer populations.

The twin biodiversity and climate crises mean that our actions to mitigate and prevent damage by deer on our environment are now more important than ever. Deer can cause damage by overgrazing, trampling vulnerable habitats, and preventing young trees from growing.

The purpose of the legislative amendments included in the Bill is to achieve sustainable deer populations by reforming the legislation which governs deer management in Scotland to ensure it is fit for purpose in the context of the biodiversity and climate crises.

The reform of deer legislation aims to:

• implement many of the recommendations of the Deer Working Group that require legislative reform. The Deer Working Group recommendations have been published on the Scottish Government website: Section 30 Recommendations - The management of wild deer in Scotland: Deer Working Group report - gov.scot
• include robust new powers to tackle high deer numbers specifically in order to help us to achieve our biodiversity and climate change objectives.

The provisions in the Bill will affect children and young people in the following ways:

• They cannot shoot a deer with a shotgun without the appropriate authorisation from NatureScot.
• Those children or young persons who hold a shotgun certificate and seek an authorisation from NatureScot to use a shotgun to shoot deer will be required, when secondary legislation is introduced under the Bill, to be registered on the register of authorised persons, or be accompanied by an individual who is registered. A further CRWIA will be conducted at the development of secondary legislation to fully assess and consider the impacts on children and young people.
• They must report the taking or killing of a stray farmed deer to the police within 5 days

The provisions of the Bill will also affect children who commit one of the new offences which are being inserted into the Deer (Scotland) Act 1996, (shooting a deer with a shotgun, failing to report the taking or killing of a stray farmed deer to Police Scotland, providing false or misleading information). Where a child or young person commits one of these offences, they will enter the justice system, and will be proceeded against accordingly, with all the associated relevant safeguards that exist in the criminal justice system.

The standard of proof required to prosecute those charged with an offence under the Bill is in keeping with other Scottish laws. The courts will decide the appropriate sentence to impose, based on guidelines for dealing with children and young people, and will take into account all the evidence and mitigating factors presented to them.

There is limited evidence on the age of individuals who undertake deer management professionally and recreationally. However, the limited evidence that has been gathered suggests we have an ageing population of full-time deer managers, therefore the number of children and young people likely to be impacted by the deer provisions in Bill is likely to be low.^[1]

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

Existing research/Reports

There is a wide range of research and literature to support the benefits of a healthy environment and nature on people, including children and young people.

The Economics of Biodiversity: The Dasgupta Review

The independent review concludes that “our economies, livelihoods and well-being all depend on our most precious asset: Nature.” It explains how we rely on nature to provide us with a wide range of ecosystem services that include the food, water and air we need to survive, regulation of our climate and numerous recreational opportunities – all of which are fundamental to our physical and mental health and our wellbeing.

Nature is an asset on which we are dependent just like our buildings, transport infrastructure, health and knowledge. But as our life support system, it’s the most important asset of all. Biodiversity helps increase nature’s resilience and ability to adapt. If we let biodiversity diminish then “nature and humanity suffer.”

Nature time boosts children’s mental health, especially those from low-income families. ^[2]

Research recently published by the University of Glasgow reported that children who spend more time in natural environments have significantly better mental health. The study, which is published in the journal Environment International, found that children who spent just 60 minutes daily in nature had a 50% lower risk of mental health issues.

The role of public and private natural space in children's social, emotional and behavioural development in Scotland: A longitudinal study^[3]

This report surveyed rural data from the Growing up in Scotland survey. The key findings of the report included that children with more natural space had better social skills.

Children’s perceptions of environment and health ^[4]

The report explores children's understanding of the role that neighbourhood plays in their health and well-being. The paper reveals that children have a deep understanding of the link between environment and health. The report concludes with recommendations made by the children themselves, including access to affordable activities and improved open spaces.

The Bill will help to deliver the Scottish Government’s Purpose, as set out in the National Performance Framework, to value, protect and restore the natural environment, through increasing wellbeing as a consequence of restoring Scotland’s natural environment.

Scotland’s Strategic Framework for Biodiversity: consultation

The Scottish Government carried out a fourteen-week public consultation on Scotland’s Strategic Framework for Biodiversity. The consultation asked for views on a draft version of the first, six-year Delivery Plan that accompanies the Scottish Biodiversity Strategy and on elements included in the Natural Environment Bill, namely statutory nature restoration targets and proposals to modernise National Parks legislation.

The published consultation analysis showed that between 7^th September and 14^th December 2023, the consultation received 654 responses. The respondents to the consultation represent a broad range of individuals and stakeholders with an interest in a range of aspects of the framework. Overall, 474 or 72 per cent were responses from individuals and 180 or 28 per cent were from organisations, including representatives from the public, private and third sectors on 654 responses.

The 2023 Public Consultation also posed specific questions on the impacts of the Scottish Biodiversity Strategy and Delivery Plan on children and young people. The published analysis of the consultation shows that no respondents indicated that there would be negative effects from the proposals in the consultation for the interests of children. A few respondents highlighted the importance of the environment on children's mental health and development.

Response to Scottish Government Consultation on “Tackling the Nature Emergency – Strategic Framework for Biodiversity – The Children and Young People`s Commissioner Scotland ^[5]

The Children and Young People`s Commissioner Scotland produced a response to the consultation on “Tackling the Nature Emergency – Strategic Framework for Biodiversity, which included the statutory nature restoration targets and modernisation of the aims and powers of National Parks proposals included in the Bill. In preparation of the response the Commissioner sought views from young advisors. The response indicated that children and young people were “overwhelmingly in support of this policy development.”

Scotland’s Strategic Framework for Biodiversity: consultation analysis - Modernising the aims and powers of National Park Authorities

The consultation included proposals to change the National Parks aims, introduce powers for National Parks to issue fixed penalty notices and the proposals for the new and enhanced duties on public bodies.

Within the published consultation analysis it was noted that respondents expressed positive sentiments towards the inclusion of the wording relating to inclusion and accessibility for all in the National Parks aims, with comments relating to improving access to nature for benefits relating to mental health and well-being and to encourage people to support the protection of nature and the environment within National Parks.

Overall, the consultation supported the changes to the aims to include well-being and cultural development. It was noted that the respondents who supported the inclusion of wellbeing and cultural development in the National Park aims were driven by sentiments relating to the importance of the principle itself as well as the role of National Parks in supporting local communities. Those who gave comments relating to the rewording of the principle suggested that the rewording was more inclusive, with respondents being positive about the inclusion of cultural development and well-being.

Consultation/feedback directly from children and young people

Children and young people groups have not been approached for specific feedback on the Bill given the limited impacts resulting from the provisions in the Bill. However, the following engagement with young people undertaken by NatureScot directly relate to topics included in the Bill and its overall aims and purpose.

Further engagement with children and young people will take place during the passage of the Bill through Parliament, and we will continue to consider our approach to engagement as actions and policies are implemented through the development of secondary legislation which, with the exception of commencement regulations, will be subject to the CRWIA process.

NatureScot Research Report 1295 - Youth Survey on NatureScot’s Corporate Plan 2022-2026^[6]

NatureScot’s Youth Survey on the Corporate Plan 2022-2026 was launched to survey young people’s views on nature in Scotland. It was undertaken to ensure the NatureScot Corporate Plan 2022-26 is more reflective of the young people's wants for nature and takes proper account of their concerns.

Many respondents discussed the ecological and environmental aspects of a nature-rich future with rewilding and biodiversity mentioned often, with particular reference to a recovering and restored nature, where ecosystem health, resilience and connectivity are prominent.

National Parks Advice to Ministers – Report from NatureScot. ^[7]

In 2022 the Scottish Government requested advice from NatureScot on the future of National Parks in Scotland. This report provides advice to the Scottish Government on National Parks including possible changes to the role and approach of National Parks as well as criteria for new National Parks.

In the development of the report, NatureScot sought views from young people on National Parks. The young people were asked what they felt a successful National Park for young people would look like. The most prevalent answer was that the National Park should be accessible. A successful National Park has to be accessible in general and specifically for people with disabilities. Another major theme was around facilities and their availability. The young people also expressed the need for a balanced approach to providing access for people to explore nature and work in the Park and protect areas for wildlife. Some young people made a specific reference to a National Park needing to prioritise biodiversity.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed.

No.

5. Analysis of Evidence

The Scottish Government has fully considered the findings from the 5 public consultations undertaken as part of the Bill development process.

It is hoped that children, young people and wider society benefit from improved nature restoration and increased biodiversity as a result of the provisions in Bill.

The academic literature and findings from NatureScot reports and surveys suggests that the Bill will have a positive impact on children and young people’s rights and wellbeing.

Children and young people living locally to a National Park may see more positive impacts from the provisions in the Bill with more opportunities to participate in the activities National Parks offer and the outcomes associated with the changes in the aim to promote sustainable development activity which improves the health, wellbeing and prosperity of individuals and communities within the area.

It is also possible that the changes to the aims of National Parks to support access to and within the area, encouraging recreation in the area and supporting sustainable tourism and visitor management, could have a positive impact on children and young people with more children and young people having the opportunity to access National Parks and their benefits in Scotland.

6. What changes (if any) have been made to the proposal as a result of this assessment?

As the results of the CRWIA have demonstrated a positive impact on children and young people there have been no changes made to the proposals.