Wellbeing and Sustainable Development Bill: consultation analysis

4. Defining sustainable development

Introduction

This chapter presents the analysis of the consultation responses to the five questions asked within the ‘Defining sustainable development’ section of the consultation.

Question 3

Table 4.1 presents the quantitative response to Question 3 which asked, ‘Is a statutory definition of ‘sustainable development’ required?’. Points to note include:

• around two-thirds all consultation respondents (67%) agree that a statutory definition of ‘sustainable development’ is required
• a sizable proportion of all consultation respondents either ‘don’t know’ or left the question unanswered (22% combined), primarily organisations, including public sector bodies
• the remainder of all consultation respondents said that a statutory definition of ‘sustainable development’ is not required (11%), primarily individuals

Table 4.1: Is a statutory definition of ‘sustainable development’ required?

Respondent type	Yes	No	Don’t know	Not answered
Organisations	66%	6%	10%	18%
Public sector	58%	9%	11%	22%
Third sector	71%	3%	12%	15%
Membership body	73%	5%	9%	14%
Private sector	83%	0%	0%	17%
Individuals	68%	21%	8%	3%
Total	67%	11%	9%	13%

N=180 (117 organisations and 63 individuals)

Percentages may not total 100% due to rounding

Question 4

Table 4.2 presents the quantitative response to Question 4 which asked, ‘Do you agree with our proposal that any definition of sustainable development should be aligned with the common definition: ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’?

Table 4.2: Do you agree with our proposal that any definition of sustainable development should be aligned with the common definition: ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’?

Respondent type	Yes	No	Don’t know	Not answered
Organisations	45%	20%	13%	22%
Public sector	45%	18%	9%	27%
Third sector	41%	18%	24%	18%
Membership body	45%	27%	9%	18%
Private sector	67%	17%	0%	17%
Individuals	67%	27%	5%	2%
Total	53%	22%	10%	15%

N=180 (117 organisations and 63 individuals)

Percentages may not total 100% due to rounding

Points to note include that:

• around half of all consultation respondents agree (53%) with the Scottish Government proposal that any definition of sustainable development should be aligned with the common definition: ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’ - more individuals are likely to agree with the proposal than organisation respondents
• relatively similar proportions of all remaining consultation respondents either responded ‘no’ to the proposal (highest among membership bodies), selected ‘don’t know’, or left the question unanswered (highest among public and third sector organisations)

Question 5

Around 80% of all consultation respondents answered Question 5 which asked, ‘Do you have any other views on how ‘sustainable development’ can be clearly defined in legislation’?

Responses do not all directly relate to Question 5.

Rather, some respondents provide a rationale for how they answered the previous questions (Question 3 and Question 4). These respondents often provide further explanation as to why they agree, disagree, or are unsure about whether a statutory definition is required, and/or with the Scottish Government proposed definition of sustainable development.

Theme 1: Is a statutory definition of ‘sustainable development’ needed

Many consultation respondents feel that a statutory definition of ‘sustainable development’ is needed. Feedback includes that:

• despite sustainable development being widely reflected in policy, for example, Climate Change (Scotland) Act 2009, a statutory definition could help ‘embed sustainable development principles firmly into legislation and decision-making processes’
• it is some time since the concept of sustainable development was adopted, and it means ‘many things to many people’ resulting in ‘considerable room for interpretation.’ - this can make ‘effective implementation and monitoring challenging’, and make it ‘particularly difficult for wider stakeholders to recognise if legislation is relevant to their specific area of work’
• a statutory definition could help ‘form the basis for duties placed upon public authorities’ and help ‘determine the scope of the legislation and guide how this is interpreted in wider policy’ – this could help policy representatives from relevant sectors fully understand and advocate for their contribution to this agenda
• a statutory definition could help to ensure the public sector duties are ‘clearly defined, actionable, and accountable’ – thereby providing consistency and clarity, and supporting a unified approach to sustainable development in Scotland
• without a statutory definition of sustainable development, decisions may be inconsistent and ‘focus on economic and short-term gains rather than long-term ecologically sustainable solutions’
• a clear, overarching statutory definition could provide the ‘basis for action by the public sector and other bodies, and could provide consistency and certainty’ for the public sector and for the general public
• a statutory definition could help ensure ‘duty bearers and the public are clear about what sustainable development means in practice’

While not mentioned to any great extent, the title of the legislation is mentioned in a few consultation responses, as reflected in the following organisation quote.

“Whilst we believe it is necessary to define sustainable development in law, we are not wedded to this term being included in the title of the legislation. There is a strong case for using the term ‘Future Generations’ which would clearly link the Act with the Commissioner, potentially inspire more widespread understanding and support, and avoid the duties of the Act being implemented by silo-ed sustainability staff/departments.” Scotland’s International Development Alliance

A few respondents advocate for the ‘inclusion of principles’ in addition to the statutory definition to help ‘clarify further how sustainable development should be implemented.’

Potential principles identified by EAUC and other organisation respondents who provide similar responses in their submission (for example, Scotland’s International Development Alliance, Scottish Women’s Budget Group, Scotland CAN B) include:

• human or social-ecological wellbeing instead of economic growth as the core societal objective
• enhancing ecological and planetary systems through regenerative approaches
• prevention – focusing on early action rather than just reacting to problems
• intra- and inter-generational equality and equity – to meet the needs of present generations without compromising the ability of future generations to meet their needs
• interdependence and indivisibility across public policy, meaning that policies are inextricably linked and require policy coherence for sustainable development in response
• doing no harm internationally and good global citizenship
• evidence-based policy making
• openness and transparency – the availability of information on efforts to achieve sustainable development is vital to engagement and accountability
• participation – to recognise that everyone in society has a role to play in working together to achieve sustainable development

Few consultation respondents note in their response that there may be no need for Scottish Government to introduce new legislation that includes a statutory definition of sustainable development or that they are uncertain. This is reflected in comments which emphasise that:

• the United Nation’s (UN) Sustainable Development Goals (SDGs) are ‘globally accepted and understood’ and ‘widely used in practice.’ - points raised include that: the NPF is aligned to the SDGs; sustainable development is a wide-ranging issue; a new definition may cause confusion; and the value and benefit of defining this further in legislation are not clear
• sustainable development is defined in Scottish Government, Best Value: Revised Statutory Guidance 2020, and restating the definition through additional legislation could likely have a ‘neutral impact for local authorities’
• terminology could be clearly defined through non-statutory documentation in a shorter timeframe - allowing public bodies to respond to policy intent more quickly, and providing flexibility to refine definitions over time
• statutory requirements placed on public authorities may create unintended consequences - examples identified include cascading additional duties placed on public bodies onto suppliers and clients, including the third sector, rather than effecting change within public bodies; and implications on the use of the concept of sustainable development in other areas of legislation and guidance (for example, land reform is mentioned specifically)

Theme 2: Alignment with existing definitions of sustainable development

Some respondents’ express agreement that aligning the Scottish Government proposed statutory definition of sustainable development with that expressed internationally in the UN SDGs is an ‘appropriate’ and ‘sensible’ approach.

The main viewpoint expressed in support of this approach includes that it would mean that Scotland’s statutory definition of sustainable development would broadly ‘align with global legislation and policy on sustainable development,’ and ‘promote a more interconnected approach between all areas of sustainable development.’

While these respondents and others feel that alignment with the UN SDGs (and with the Brundtland definition – see below) are a ‘good starting point,’ they often further qualify or caveat their response in some way.

Many respondents suggest that the Scottish Government proposed definition of sustainable development could be widened, refined, or built upon to provide further clarity, guidance, and accountability. These respondents suggest that Scottish Government could use and/or amend/extend other widely accepted definitions of sustainable development (and review other relevant published sources of information) prior to finalising Scotland’s statutory definition of sustainable development.

Suggestions include that the Scottish Government could consider:

• the World Commission on Environment and Development: Our Common Future (also known as the Brundtland Report) (1987)
• the United Nations, Office of the High Commissioner for Human Rights (OHCHR), Transforming our World: The 2030 Agenda for Sustainable Development
• the Wales approach which defines sustainable development as a process of achieving defined outcomes (namely, improving economic, social, environmental, and cultural wellbeing) and goals
• the Canada approach which uses the Brundtland Report definition but which acknowledges that the principle of sustainable development is a continually evolving concept, and sets out a series of basic principles to be considered
• review and alignment with recent and pending legislation, other statutory guidance, and related policy where there is reference to sustainable development - for example, the Planning (Scotland) Act 2019, National Planning Framework 4, community wealth building, human rights, climate change, a just transition and meeting net zero targets, GIRFEC Statutory Guidance (Children and Young People (Scotland) Act 2014, and the proposed Getting it right for everyone (GIRFE) approach for adults are all mentioned in consultation responses

Theme 3: The Scottish Government proposed definition of sustainable development could be strengthened

Aligned to Theme 2, many respondents feel that changes may be needed to the proposed Scottish Government statutory definition of sustainable development, for example, updating it, strengthening it to be more ‘inclusive,’ or adapting it to reflect the ‘current context’.

In finalising a statutory definition of sustainable development the most common suggestions from these respondents include that Scottish Government could consider and/or make more explicit reference to:

• the primacy of ecological sustainability or living within ‘planetary boundaries’ – the safe environmental and ecological limits that humanity should strive to remain within
• ‘minimising adverse environmental impact and to social stability and equity’ and recognising the balance/intersectionality between these
• making clear that ‘sustainable development in Scotland is only possible as part of a global movement to sustainability in which we play our part’ - and that development in Scotland does not come at the expense of development in other nations
• the regenerative and restorative aspects of sustainability

The consultation responses highlight a set of potential ‘principles’ in addition to the statutory definition of sustainable development, as described under Theme 1.

Wider suggestions made by respondents, but raised to a lesser extent, include that:

• a statutory definition could be supported by: ‘effective guidance on ways of working and how the principles should be operationalised,’; examples of sustainable development to provide better understanding (for example, approaches which incorporate aspects of the UN SDGs); and provision of advice and appropriate resourcing for duty-bearers – to help ensure effective and consistent implementation of the principles and duties
• the agreed statutory definition could support an ‘impact assessment approach’ that considers the synergies between different dimensions of wellbeing and ensures that plans and policies that benefit one aspect do not have adverse effects on another
• indicative measures of success (or KPIs or criteria) could help organisations to successfully interpret the intent of the new duties within their remit and operations to minimise any ambiguity
• it would be helpful to ‘clearly articulate the link, interaction, and synergies between the two principles’ of wellbeing and sustainable development (as well as how they differ) – an alternative suggestion made is to have a ‘single, all-encompassing definition that aligns both wellbeing and sustainable development’
• Scottish Government could consider its sustainable procurement duty which requires that ‘before a contracting authority buys anything, it must think about how it can improve the social, environmental and economic wellbeing of the area in which it operates, with a particular focus on reducing inequality’

Some of these respondents then go on to provide details of documents and publications that could provide additional information and context for government in finalising a statutory definition of sustainable development, including:

• those reports identified above (for example, the Brundtland Report)
• Scotland’s International Development Alliance report Towards a Wellbeing and Sustainable Development (Scotland) Bill (2022)
• Stockholm University, Stockholm Resilience Centre, Planetary Boundaries
• UNESCO MONDIACULT 2022 (Declaration for Culture)
• The future starts in the past: embedding learning for sustainability through culture and community in Scotland - White RM, Kockel U, King B, Leask K, Higgins P, and Samuel A (2023)

Possible wording or phasing extensions to the proposed statutory definition of sustainable development or alternative definitions are also provided. A few (selected) examples of alternative definitions provided by consultation respondents are provided below.

“Sustainable development can be defined as development based on sustainable and equitable use of resources within the context of planetary boundaries, and which supports the capability of present and future generations across the world to meet their needs.” Wellbeing Economy Alliance Scotland

“Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” Office of the Scottish Charity Regulator

“Sustainable development can be defined as the development of human societies in ways which do not threaten planetary boundaries, and which equitably support the capability of present and future generations across the world to meet their needs.” Newcastle University UK SDG Data and Policy Hub

Question 6

Circa three-quarters of all consultation respondents answered Question 6 which asked, ‘What future wellbeing issues or challenges do you think legislation could help ensure we address?’.

Theme 1: Future wellbeing issues or challenges

Most consultation respondents feel that the legislation has the potential to help Scotland tackle a wide range of future wellbeing issues and challenges.

The most frequently identified wellbeing issues and challenges noted in consultation responses include:

• reducing poverty, deprivation, and inequality - including due consideration of intersectionality
• improving health and wellbeing - for example: lifestyle; good physical and mental health and wellbeing; access to health and social care; obesity; life expectancy; quality of life
• protecting the environment - for example: addressing the climate emergency, biodiversity crisis, and environmental degradation; protecting the environment; protecting the quality of, and improving access to, green and open spaces
• supporting thriving and vibrant communities - for example: access to community, leisure and recreational activities, facilities, and spaces; reducing loneliness and isolation; inclusive and resilient communities; social connectivity; volunteering; participation in civic life
• tackling housing and homelessness - for example: availability of social housing; affordability; energy efficiency
• education, skills, and employment - for example: quality of education; addressing skills shortages
• supporting business and economy - for example: competitiveness; productivity; quality jobs; fair work; living wage
• infrastructure – for example: resilient, accessible, reinvestment, public interests at the heart of development; public transport; active travel; maintenance; investment
• culture - for example: arts; language; tourism; heritage; behaviour change
• food - for example: food availability; food security; locally grown produce; healthy diets
• water - for example: quality; usage; wastage; greywater; reuse
• respect, protect and fulfil human rights
• enhance and restore trust in democracy
• addressing wider challenges, for example, demographic change and an ageing population, depopulation in rural and island areas, contributing to global justice, artificial intelligence (AI), and technological change

A few (selected) organisation quotes are provided below which highlight related points.

“This question rather highlights the challenge of defining ‘wellbeing’, implying that some aspects may be included, and others excluded. It’s likely that responses to this question will vary, at least to some degree, and be influenced by personal and group experiences through which aspects of wellbeing will be viewed as more or less important, and present more or less risk to the individual, group, or community.” Aberdeen City Council

“It is difficult to answer this question without reflecting on the challenges currently faced by local authorities in delivering statutory services. Local councils are central to Scotland’s communities and diverse places. There is a real existing challenge in sustaining local services which contribute to core wellbeing as demonstrated by the list below. Future challenges will be about continuing this in the face of unprecedented funding pressures.” South Lanarkshire Council

“Give organisations the framework (with appropriate mandatory duties) and guidance on best practice (non-statutory), but also the freedom to plot their own path, recognising that one size does not fit all…., and that…what is appropriate for communities or individuals in rural areas may be different from that needed in urban areas.” Scottish Borders Council

“The issues cannot be addressed in isolation or by only one government department. They require a systemic, cross-government approach. The legislation could help support this by ensuring wellbeing and sustainable development are core focuses across government and beyond.” Obesity Action Scotland

Theme 2: Wider positive role of the legislation

Some consultation respondents (including public sector organisations) note in their response a range of potential positive effects of the legislation and its ability to address future wellbeing issues and challenges.

The legislation could have the added benefit of:

• placing an increased focus on ‘prevention’ (that is, stopping problems from happening in the first place), and placing it at the forefront of decision-making
• providing an opportunity to support, link, and reinforce the National Outcomes – Scotland’s wellbeing framework, and the way progress towards the UN SDGs is measured
• increasing accountability and driving change in Scotland – protecting the health, economic, and social wellbeing of current and future generations, and the sustainability of the environment and public services
• providing focus and processes for ensuring wellbeing and sustainable development underpin and support effective policy development, action, and monitoring
• embedding an impact assessment approach across the public sector in relation to wellbeing and sustainability – ensuring decisions made by governments and public bodies do not have negative consequences for now or the future
• encouraging organisations to collaborate and take collective action to address long-term societal challenges and the wider determinants of health
• strengthening commitments across government and public bodies to address wellbeing and sustainable development in a more comprehensive and coherent manner

A few (selected) organisation quotes are provided below.

“There is a risk that if any additional asks are made…this could lead to statutory requirements not being met due to a requirement for additional resource at a time of significant budget deficits…cognisance needs to be taken in that changing the law will only go so far. The bigger ambition has to be on cultural and attitudinal change which will come through, collective leadership, clear and consistent messaging, and education.” South Lanarkshire Community Planning Partnership

“The legislation should ensure that all public bodies are working towards all of the outcomes, not just a select few, recognising their interconnectedness and synergies. The legislation would assist in setting objectives towards achieving all the SDGs, and the linked National Outcomes, equally and ensuring that doing so impacts positively on communities and people’s wellbeing and the environment here in Scotland and globally. It would also ensure to maintain readability between the SDGs and the National Performance Framework to measure progress.” Wellbeing Economy Alliance Scotland

Theme 3: Legislation may not be the answer

Few consultation respondents (almost all individual respondents), feel that ‘legislation is not the answer,’ or ‘may achieve very little’ in terms of helping Scotland to tackle wellbeing issues and challenges.

Where comments are provided by these respondents, the main points raised are that:

• wellbeing issues and challenges could be addressed through wider policy and existing structures
• new legislation to address wellbeing may cause confusion in an already complex legislative environment
• new legislation may result in additional bureaucracy for public bodies that could hinder progress in tackling wellbeing issues and challenges
• wellbeing should not be legislated other than to protect human rights and freedoms

Question 7

Question 7 states ‘We are aware that the term ‘sustainable development’ has been set out in various legislation of the Scottish Parliament since devolution in 1999, and that careful consideration will need to be given to how any new definition will impact on these’.

Just over half of all consultation respondents answered Question 7 which asked, ‘What impact, if any, would the proposed definition have on other areas of legislation’?

Theme 1: There is no single definition of sustainable development set out in Scottish legislation - there is the potential for conflict

Many consultation respondents reiterate support for a statutory definition of sustainable development in Scotland. Common points raised in support of this viewpoint include that:

• there is no single definition of sustainable development currently set out in Scottish legislation
• a lack of a statutory definition of sustainable development can negatively impact the focus or emphasis placed on considering the impact on both current and future generations in decision-making processes and policy delivery

These respondents raise related points which acknowledge that the term sustainable development is used widely in both legislation and policy (for example, across planning, procurement, climate) – and that different terminology may cause ‘additional complications’ should a new statutory definition of sustainable development be introduced in Scotland.

The following terms are frequently mentioned in consultation responses to highlight the point on different terminology: ‘sustainable’; ‘sustainability’; ‘sustainable economic growth’; ‘most sustainable’; and ‘act sustainability’.

Further, it is suggested that Scottish Government could consider the potential implications of a statutory definition of sustainable development on the wider framework of legislation. For example, on how any new definition may intersect with and impact on other areas of legislation.

Theme 2: A review of existing legislation and further consultation with relevant stakeholders may be required given the potential for conflicts to arise

Many consultation respondents (public and third sector organisations and individual respondents) suggest that Scottish Government could undertake a review of existing legislation and policy to identify where the term sustainable development is currently used.

Given the widespread use of the term in legislation and policy, these respondents often note in their submission that a statutory definition of sustainable development may result in ‘conflicts’ with other statutory and policy requirements.

They recommend that Scottish Government could ensure that:

• there is a clear, appropriately framed, and robust definition of sustainable development – but a definition that is sufficiently broad rather than one that is ‘overly prescriptive’
• any new statutory definition of sustainable development ‘dovetails effectively’ with existing references to sustainable development in legislation and policy and mitigates against ‘areas of overlap’ or ‘contradictions’
• there is ongoing communication and engagement with relevant stakeholders as this review/exercise is undertaken
• any ‘unintended consequences’ of the proposed statutory definition of sustainable development on other areas of legislation are identified and carefully considered - for example, any duty defined within law may filter down to charities and community groups through the procurement of contracts and services
• provisions are made to resolve any such conflicts

These points are further reflected in the (selected) organisation quotes below.

“A review will need to be conducted, if not already carried out, to firstly identify every instance of use of the term 'sustainable development' in existing legislation. An assessment will then have to be made for each case to see if there would indeed be any practical policy impacts.” Social Enterprise Scotland

“The proposed definition of sustainable development seems broad enough that it should not directly conflict with or undermine existing legislation. However, a review should be conducted to identify any potential areas of overlap or contradiction.” Crown Estate Scotland

“Rather than introducing new duties or concepts to existing legislation, a clearer definition of ‘sustainable development’ will generally provide an updating understanding of what that legislation must work towards. In the event that there are specific pieces of legislation where the definition would result in conflicting duties, the Scottish Government should amend the original legislation to bring it in line with the Bill. Where this is necessary, there should be appropriate communication and consultation with relevant stakeholders, particularly those who may be impacted by any change in applicable duties.” Health and Social Care Alliance Scotland

“Suggest the need for a system-based approach which includes an assessment of the potential impact of any additional requirements before any further expectations are added to the current legislative framework.” Scottish Futures Trust

“Provisions should be made to resolve any conflicts. This could be pursued on a case-by-case basis, especially where there are prominent conflicts.” Wellbeing Economy Alliance Scotland

Further, Scottish Borders Council notes in its response that such a review could provide an opportunity for Scottish Government to “simplify and consolidate duties, regulations, and guidance as far as practicable.”

Examples of existing legislation or policy identified across consultation responses that may require considered as part of a wider review to identify use of the term 'sustainable development' include:

• Enterprise and New Towns (Scotland) Act 1990
• Land Reform (Scotland) Acts 2003 and 2016
• Climate Change (Scotland) Act 2009
• Equality Act 2010
• Procurement Reform Act (Scotland) 2014
• Community Empowerment (Scotland) Act 2015
• Upcoming legislation on Community Wealth Building, Human Rights, Agriculture and Rural Communities, and Natural Environment
• Curriculum for Excellence, Learning for Sustainability
• Culture Strategy
• Net Zero Public Sector Building Standard

The main point is that Scottish Government could consider how a statutory definition of sustainable development may impact on other areas of legislation, or where the relationship of the Wellbeing and Sustainable Development Bill to existing legislation is considered particularly important or relevant.

There is reference across these consultation responses to: ensuring alignment; ensuring policy coherence (consistency of public policy, no policy undermines another policy, minimising trade-offs, maximising synergies); amending other existing legislation; or creating an umbrella policy.

“The new law can amend previous legislation to ensure everything is aligned to the new definition.” Office of the Future Generations Commissioner for Wales

“The proposed definition could be framed in legislation in such a way that it informs and if necessary, supersedes definitions in other legislation.” Strathclyde Partnership for Transport

“Overall, the proposed definition's emphasis on protecting the natural environment within the context of sustainable development would likely catalyse a comprehensive review and adaptation of existing legislation across various sectors to ensure coherence and alignment with this overarching goal.” Royal Botanic Garden Edinburgh

“It would seem that some work on whether the definition of sustainable development as proposed would encompass the different uses of the term across legislation since devolution. If the definition proposed could provide an umbrella under which previous iterations of the concept or approach can continue to be affected, then that would make sense. If it cannot provide such an umbrella, then specific areas of prior legislation may need to be amended.” Scottish Children's Reporter Administration

“We consider it should seek to provide a fresh start that increased policy cohesion and clarity within and across policy sectors.” NatureScot

“The proposed revised definition and the legislation underpinning it would be best developed as an overarching umbrella policy – similar to Scotland’s Economic Policy. This would then require all existing legislative instruments to take full consideration of future generations and their wellbeing, as well as planetary health now and in the future. The proposed bill is thus an important step change in legislation as it would provide a strong legal context for all decision-making in Scotland to consider the wellbeing of future generations and planetary health.” University of Glasgow

The Wellbeing Economy Alliance Scotland also suggest that Scottish Government could review Scotland’s International Development Alliance report ‘Towards a Wellbeing and Sustainable Development (Scotland) Bill’ for more details on how ‘the definition of sustainable development might impact other areas of legislation.’

Theme 3: Benefits from having a statutory definition of sustainable development

Some consultation respondents suggest that defining 'sustainable development' in new legislation would be beneficial as it could ‘provide clarity in the use of the term in other legislation.’ Common points raised by these respondents include that:

• it provides an opportunity to look across the various legislation to ensure that a clear and rigorous definition of sustainable development is used
• it could promote alignment and consistency across different areas of legislation by providing a clear and unified understanding of sustainable development
• it could help improve clarity and consistency of delivery of those pieces of legislation that already refer to sustainable development but do not currently define it
• it provides an opportunity to define sustainable development in the current context – as it is some time since the concept was adopted and people's understanding of the term can vary
• it could help ensure that sustainable development principles are integrated into different policy areas, such as environmental protection, economic development, cultural provision, social welfare, and urban planning
• it could assist those with responsibilities and remits to implement the requirements of legislation

Some of the afore-mentioned points are further reflected in the (selected) organisation quotes below.

“Defining 'sustainable development' in this legislation would provide clarity in the use of the term in other legislation. This has the potential to remove inconsistencies in the way the term is used and in legislation implemented across government and public bodies. This clarity could assist those with responsibilities to implement the requirements of legislation.” Scottish Fair Trade Forum

“We believe that the WSD Bill could strengthen existing duties in the Climate Change (Scotland) Act 2009 which requires all Scottish public bodies, in exercising their functions, to act in the way they consider ‘most sustainable’. The current requirement in this Act is too open to interpretation at present. The WSD Bill definition and duties could also strengthen implementation of Acts of Parliament which influence planning and transport infrastructure by ensuring that delivery of projects are planned according to the definitions.” Cycling UK in Scotland

“If ‘sustainable development’ is defined in this legislation, the definition should aim to provide a clear and unambiguous description of what sustainable development means for duty-bearers, their decisions and remit. It would be helpful to explicitly refer to the existing usages of the term in other legislation in supporting guidance, to clearly establish a framework for applying the principle of sustainable development to decisions made by public authorities....an effective legislative and policy framework will support duty-bearers when considering the synergies and trade-offs between the different ‘pillars’ of sustainable development and promote better outcomes.” Environmental Standards Scotland

“Clarity on the use of sustainable development instead of ‘growth’ or ‘capital cost’ as a measure of success would be helpful. We need to acknowledge the challenge of perpetual growth as a measure of success in conflict with the need for decision-making to consider impact on future generations.” Creative Scotland

Theme 4: Having a clear definition of ‘sustainable development’ does not necessarily mean introducing a new duty or legislation

A few consultation respondents (mainly third sector, membership, and public sector organisations, including Wellbeing Economy Alliance Scotland, Scotland Can B, EAUC, Scotland's International Development Alliance, Equate Scotland, and individuals) note in their response that:

• they are supportive of the development of a clear definition of sustainable development and its consistent application, but are less convinced that such a definition is required in statute
• having a clear definition of sustainable development does not necessarily mean introducing a new duty or concept, but rather properly defining what is already in place across other legislation, in order to improve delivery
• in some cases, public bodies may find duties conflict, based on their founding legislation, once a definition of sustainable development is in place

Aligned to these points, the same respondents feel that the Wellbeing and Sustainable Development Bill could strengthen the existing duty in the Climate Change (Scotland) Act 2009 which requires all Scottish public bodies to, in exercising their functions, act in the way they consider ‘most sustainable’.

A point raised is that this existing duty “has been shown to be not well-implemented, possibly due to the wording of the Act and a lack of parallel capacity building, support and accountability requirements.”

Theme 5: This question is difficult to answer

A few individual respondents note in their response that they feel ‘unable to comment’ or provide an informed view on Question 7 without knowing all the different ways that the term sustainable development is referred to in existing legislation.

Similar points are raised by these individual respondents to themes outlined above, including that:

• it would be important for Scottish Government to understand the extent to which the proposed statutory definition of sustainable development results in ‘clashes’ or ‘conflicts’ on other areas of legislation which refer to sustainable development
• new legislation should require existing legislation that references the term sustainable development to be updated

Event summary – defining ‘sustainable development

Existing definitions or frameworks are a good starting point but may need strengthened

Event attendees recommend that Scottish Government consider existing accepted definitions of sustainable development prior to finalising a statutory definition for Scotland. For example, Brundtland, UN SDGs, OECD, Wales, Doughnut Economics, and the proposed definition from Scotland’s International Development Alliance are all mentioned in event notes.

Existing definitions may need adapted or expanded as a stronger definition of sustainable development is welcomed. Suggestions include that Scotland’s statutory definition of sustainable development:

• needs to go beyond ‘human need’
• should include reference to ‘not overstepping planetary boundaries’
• could consider how ‘regenerative and restorative plays in’
• should capture ‘prevention’ – it is key to supporting the delivery of wellbeing and sustainable development
• should look to support sustainable development ‘in Scotland and globally’
• should capture ‘fairness and equity’ both now and for future generations
• should be framed using ‘positive and engaging language’ rather than negative language - alignment of language is also mentioned, for example, definition of ‘wellbeing’ talks about outcomes, while sustainable development reflects needs

Other considerations include that:

• there is an inter-relationship between sustainable development and wellbeing - a question raised relates to the appropriateness or helpfulness of having separate definitions for each concept
• there is a risk that sustainable development is too narrowly defined – it needs to be sufficiently broad, but if the ambition/goal is too high level and unrelatable it will not be achievable
• there is also a risk that a narrow definition could ‘inadvertently restrain public bodies’ if the definition is not sufficient broad and open to application
• a statutory definition that can flex is considered important - how to ‘future-proof’ the definition to meet future needs and changing circumstances
• sustainable development is usually linked as environmental without considering the wider impacts (for example, economic, social, cultural)
• the definition needs to be ‘internationally coherent’
• further engagement may be required to ensure the voice of younger generations feed into statutory definitions and framework

Policy coherence

Event notes highlight that sustainability and sustainable development are already embedded into legislation and guidance documents – it is important that a statutory definition does not create any conflicts. Event attendees suggest that a statutory definition of sustainable development in Scotland is coherent with existing (and upcoming) legislation on sustainable development to help drive those forward (for example, Climate Change Act, Human Rights Bill). It is important to consider how any new legislation and duties relate to, link with, and interact with, existing legislation on sustainable development. For example, ‘which of these is following which’? Wider feedback relates to the importance of policy coherence and guidance around minimising trade-offs and maximising synergies.

Is new legislation the right approach?

Event attendees suggest that a set of guiding ‘principles’ would be beneficial in terms of both sustainable development and wellbeing – a question raised is around whether this needs to be defined in legislation or whether a framework would suffice. Better and improved guidance - guiding principles which cover the broad spectrum of factors that make up a concept such as sustainable development could support a deeper understanding of sustainable development and consistent application. Important to consider whether there are ‘alterative options’ to new legislation, and to ensure that there are no ‘unintended consequences.’

Guidance, support for implementation, and reporting

A statutory definition of ‘sustainable development’: is considered logical; could provide greater clarity and focus; could support a deeper and shared understanding; and could assist from a monitoring, reporting, and auditing perspective. Wider points captured across the event notes, however, emphasise ‘the how’ – greater clarity in terms of the duties to be placed on public authorities, what is the outcome we are collectively trying to achieve, as well as guidance to support the practical operationalisation of the duties.

Support is expressed for avoiding ‘overly prescriptive mandates,’ and for the provision of underpinning ‘practical guidance’ and other support (for example, training, templates, toolkits, sharing of good practice). Implementation needs to be sufficiently resourced, as budgetary and funding constraints can often hinder or compromise delivery, including for public authorities and the third sector who deliver services on their behalf. It is noted that public authorities report to Scottish Government on various statutory duties – a question raised is around whether it is timely for Scottish Government to review and streamline existing duties and reporting requirements. Greater recognition could be given to adopting a more flexible approach which recognises that a ‘one-size-fits-all’ approach may not be appropriate – ‘leave the method up to us – give us support to make decisions and decide routes.’

Further clarification is required on how a statutory definition of sustainable development would be enforced by Scottish Government (for example, would penalties be applied).