Wellbeing and Sustainable Development Bill: consultation

5. The changes we are considering

The Scottish Government is committed to ensuring that all decisions reflect the values and aspirations of the people of Scotland and are focused on their wellbeing in a way that is sustainable into the future, ensuring that:

• children grow up loved, safe and respected so that they realise their full potential
• we live in communities that are inclusive, empowered, resilient, and safe
• we are creative and our vibrant and diverse cultures are expressed and enjoyed widely
• we have a globally competitive, entrepreneurial, inclusive, and sustainable economy
• we are well educated, skilled and able to contribute to society
• we value, enjoy, protect, and enhance their environment
• we have thriving and innovative businesses, with quality jobs and fair work for everyone
• we are healthy and active
• we respect, protect, and fulfil human rights and live free from discrimination
• we are open, connected and make a positive contribution internationally
• we tackle poverty by sharing opportunities, wealth, and power more equally

It is proposed that the Wellbeing and Sustainable Development Bill will clearly establish in legislation principles that ensure government and public bodies act in a way that improves how we use and implement the National Outcomes and meet the values and aspirations of the people of Scotland.

To achieve this, we are considering several specific legislative measures.

5.1 Defining wellbeing

As a minimum, we propose that the Bill set out clearly that the National Outcomes are Scotland’s expression of national wellbeing. However, we are considering whether a clear legislative definition of ‘wellbeing’, alongside the National Outcomes, would also be needed and would welcome views on whether (and how) this should be done.

We have provided supplementary information at Annex F to assist with any response you are considering.

• Is a statutory definition of ‘wellbeing’ required?
• Do you have any views on how ‘wellbeing’ can be clearly defined in legislation?

5.2 Defining sustainable development

In thinking about how we can define sustainable development in legislation, we are considering closely aligning with the common definition - ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’.^[13]

This concept is expressed internationally in the UN’s Sustainable Development Goals (SDGs).^[14] The NPF, as Scotland’s wellbeing framework, applies the UN SDGs to Scotland through the National Outcomes.

We believe that the voices and interests of future generations should be heard today. This means considering the wellbeing for people not yet born as much as that of those alive today and their later life.

There are several current issues that we know will be of great concern to future generations, such as protecting the environment; protecting ability of young people to own a home, raising a family, and retiring; and preventing harm in the future.

We invite your views on whether the definition of sustainable development cited above is sufficient, or whether changes are needed to adapt this to Scotland.

We also welcome any views on how this could best be achieved in a way that complements any other duties that a Bill may strengthen, to ensure that all policy and decisions are focused on achieving the National Outcomes both now and into the future.

• Is a statutory definition of ‘sustainable development’ required?

• 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”?

• Do you have other views on how ‘sustainable development’ can be clearly defined in legislation?

• What future wellbeing issues or challenges do you think legislation could help ensure we address?

• 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. What impact, if any, would the proposed definition have on other areas of legislation?

5.3 Strengthening duties for the National Outcomes and sustainable development

The Community Empowerment (Scotland) Act 2015,^[15] in broad terms, requires all public authorities in Scotland to “have regard to” the National Outcomes in carrying out their work. (Further details are provided at Annex G). However, several public and third sector organisations report that the National Outcomes are not sufficiently used to shape policy and delivery decisions in a way that is focused on taking all reasonable steps to achieve any wellbeing and sustainable development opportunities. The “have regard to” duty could therefore be strengthened to more explicitly require this.

We are also considering opportunities to strengthen existing duties whereby bodies must act in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.

This would ensure that we take all reasonable steps to carry out sustainable development. This may include stipulating that instead of requiring public authorities in Scotland to “have regard to the National Outcomes”, we expect collaboration and any decision making to be undertaken in a manner that maximises our collective contributions to achieving wellbeing and sustainable development.

We welcome views on whether the current duty is sufficient, and if not, how it could be strengthened.

• How could a legal duty be defined to ensure that public authorities uphold sustainable development and the interests of future generations?
• Are there specific areas of decision making that should be included or excluded from the Bill?
• What issues, if any, may result from strengthening the requirement to have regard to National Outcomes?

5.4 Clarifying to whom the duties apply

Alongside strengthening duties to achieve the National Outcomes, we are considering extending these duties to explicitly include Scottish Ministers (and any other public authorities for whom this is necessary), to ensure more effective and specific accountability for the National Outcomes, wellbeing, and sustainable development.

We welcome your views on this proposed approach and have provided supplementary information at Annex G to assist with any response you are considering.

• Should any duty apply to the Scottish Government?
• Do you have any views on the range and type of organisations that any duty should apply to?

5.5 Defining ways of working

Strengthening the ways of working is a key consideration of this consultation. We want to hear your ideas on how organisations can go beyond the current “have regard to” rule established in the Community Empowerment Act 2015.

This means being clear on identifying the best ways we can work together to achieve our National Outcomes including the necessary accountability and scrutiny for upholding sustainable development ensuring the interests of future generations feature in policy and delivery decisions.

We are therefore considering the case for setting out ‘ways of working’ for sustainable development, following the precedent set by Wales. This would define the ways in which public authorities should embed the principles of wellbeing and sustainable development in their decision making. However, we also need to consider whether such ways of working, and this level of detail on public authorities’ processes, needs to be set out in the legislation itself, or could instead be provided in statutory guidance.

We have provided supplementary information at Annex H to assist with any response you are considering.

• Do you have any views on how we can better report the achievement of wellbeing objectives which supports clear accountability and scrutiny of public bodies in Scotland?
• What additional steps are needed to ensure collaboration and working across boundaries?
• Do you have any views on whether any duty related to ways of working could create conflicts with duties currently placed on you?
• Do you have any views on the additional resource implications necessary to discharge any wellbeing duty in your organisation?

5.6 Determining an approach for future generations

We recognise that increasing the accountability, scrutiny and support for decision making is essential to ensure that together, we deliver on our wellbeing, sustainable development, and future generations outcomes.

One method for increasing and improving accountability could be through the establishment of a Future Generations Commissioner, who acting on behalf of future generations would be empowered to hold public bodies, including Ministers, to account. A Future Generations Commissioner could also provide support in relation to the delivery of wellbeing, sustainable development, and future generations outcomes.

• Should Scotland establish an independent Commissioner for Future Generations?
• In what ways could an independent Commissioner for Future Generations increase the accountability, scrutiny, and support for decision making?
• Are there alternative ways we can increase the accountability, scrutiny, and support for decision making?