Coal extraction: consultation analysis

1 Introduction

1.1 In June 2022, the Scottish Government issued a call for evidence on the future of coal extraction in Scotland. Responses to the call for evidence were intended to inform the development of a preferred policy position on the future of coal extraction in Scotland, which will be included in the Scottish Government's forthcoming Energy Strategy and Just Transition Plan (ESJTP).

1.2 The call for evidence was published on 21 June 2022 with a deadline of 02 August 2022 for submissions. This report presents findings from an analysis of responses to that call for evidence. A separate call for evidence on the exploration for, and development of, onshore conventional oil and gas in Scotland was issued at the same time. Findings from an analysis of the responses to that call for evidence are presented in a separate report.

Policy context

1.3 The Scottish Government has set a target – in legislation – to achieve net zero emissions of all greenhouse gases by 2045.^[1] This represents a 75% reduction in emissions from a 1990/95 baseline. In addition, Scotland is one of the few countries that has set legally binding economy-wide interim emissions targets for every year from now until 2045. The Scottish Government's Programme for Government 2021/22 states that 'unlimited extraction of fossil fuels is incompatible with our climate obligations and meeting the aims of the Paris Agreement'.

1.4 At the same time, the Scottish Government has made a commitment to achieving a net zero and climate resilient future in a way that is fair for everyone – recognising that the process of reducing carbon emissions could have unequal economic impacts on households, communities and regions.

1.5 Scotland's first Energy Strategy was published in 2017. The Scottish Government is now in the process of updating this strategy and developing its first 'just transition' plan. The strategy will include a comprehensive range of policy positions for related areas including for coal exploration and extraction. The preferred policy position on coal extraction will be included in the required impact assessments of the wider ESJTP, with the finalised policy position being confirmed on conclusion of this process.

1.6 The updating of the Strategy, and the call for evidence on coal extraction, comes at a time when there is a heightened awareness of climate change and the impacts of global geo-politics on the energy security of nations. More recently, the invasion of Ukraine by Russia has highlighted Europe's dependence on Russian oil. On the one hand, the Ukraine conflict puts in jeopardy climate change commitments across Europe; on the other, it has also had the effect of galvanising efforts to reduce reliance on fossil fuels. In this context, the Scottish Government sought views and evidence about coal extraction in Scotland.

Coal extraction in Scotland

1.7 Powers over coal exploitation are reserved to the UK Government. The GB-wide Coal Authority is responsible for licensing coal mining activity in Scotland, while also having responsibility for a range of other issues related to the coal industry. Environmental duties in connection with planning policy and determinations are, however, devolved to the Scottish Government.

1.8 The Coal Authority has a statutory duty under the Coal Industry Act 1994 to secure, so far as practicable, an economically viable coal mining industry in Great Britain. UK Ministers have acknowledged that this duty is at odds with the UK Government's broader climate goals. They have committed to keep the Coal Authority's duties with respect to licensing coal extraction under review but, in the light of other energy security priorities and the low demand for new coal extraction projects, they do not currently consider this the right time to make any changes.

1.9 There are currently no operational coal mines, and no coal power stations, in Scotland and no immediate prospect of coal mining taking place. There are 18 current coal extraction licences for Scotland; however, 15 relate to the Scottish Coal Company, which has been in liquidation for some time and where the authorisation to mine is no longer in place. The remaining three licences relate to sites which are either in the process of being restored or have been restored. Therefore, no future coal mining can or will take place at any of the sites covered by current licences.

1.10 However, a conditional coal mining licence is currently in place for a geographical area in Cumbria, which extends into Dumfries and Galloway. A full operational licence would need to be issued by the Coal Authority to allow coal mining operations to commence. This would require planning permission to be granted by both the Scottish and UK Governments, due to the cross-border location of the licence.

The call for evidence on coal extraction

1.11 The call for evidence paper published by the Scottish Government with regard to coal extraction included sections on (i) climate change, (ii) just transition (to energy systems not based on fossil fuels), and (iii) energy security. The paper also discussed current licensing arrangements, and current licences for coal exploration in Scotland.

1.12 The call for evidence did not advocate a preferred Scottish Government position or policy, but, rather, invited views and evidence that would allow the Scottish Government to deliver 'a robust and fully-evidenced policy position in line with our energy needs, statutory requirements and climate change ambitions'. The evidence paper made it clear that views were not sought on any specific coal mining proposals (e.g. in relation to the conditional Cumbria licence referred to in paragraph 1.10) as part of the call for evidence.

1.13 The call for evidence included a single open question for respondents to address:

• Considering the information presented in this call for evidence paper, and your own knowledge and experience, what are your views on the extraction of coal in Scotland?

1.14 The call for evidence paper could be accessed via the Scottish Government's online consultation hub. Respondents could complete an online consultation questionnaire or submit an offline response by email or post.

About the analysis

1.15 This report presents an analysis of the responses submitted to the call for evidence. The aim of the analysis is to identify the main themes and the full range of views, and to explore areas of agreement and disagreement in views between different groups of respondents.

1.16 It is important to bear in mind that the views of those who have responded to the call for evidence are not representative of the views of the wider population. For this reason, the approach to the analysis is qualitative in nature. Its main purpose is notto identify how many people held particular views, but rather to understand the range of views expressed.

1.17 Finally, it is important to note that some of the responses to this call for evidence (especially those from organisations) contained technical information and references to other published and unpublished material. Information of this type is not analysed in any detail but is catalogued in an annex to the report.

The report

1.18 The remainder of this interim report is structured as follows:

• Chapter 2 presents information on the respondents to the call for evidence and the responses submitted.
• Chapter 3 presents an analysis of the responses received.
• Annex 1 provides a list of organisational respondents.
• Annex 2 provides a list of references (reports, articles, etc.) referred to by respondents in their responses.