Royal Commission on Environmental Pollution

Thank you for your letter of 21 July.

You have outlined the broad topics that the Commission proposes to cover in its forthcoming study and we have no additional suggestions. By way of background to the current position in Scotland, the Commission may wish to note the following.

The Scottish Executive recognises the potential for confusion and overlap between the various environmental controls. In 1997 the Scottish Office Development Department, in conjunction with the Scottish Office Agriculture, Environment and Fisheries Department, issued Planning Advice Note (PAN) 51 Planning & Environmental Protection. This PAN advised planning authorities on the statutory responsibilities of the environmental protection bodies, as well as informing those bodies about the planning system. The intention behind the PAN was to foster mutual understanding of, amongst other things, the separate but complementary regimes in order to minimise overlap and duplication of roles. The Annex to PAN 51 summarises the details of the environmental regimes referred to in the PAN. A copy of PAN 51 is attached for the Commission's information.

As the Commission knows, we now have a devolved Government in Scotland. The most important issue in relation to Scotland, therefore, is 'that the Commission's proposed study covers matters which are very largely the responsibility of the Scottish Executive rather than the UK Government. If the Commission makes recommendations for legislative change it will be for Ministers here to consider how they might be given legislative effect, and then to put proposals to the Scottish Parliament. By the same token, it is for the Scottish Executive and the Scottish Parliament to transpose into Scottish legislation most European legislation on planning and environment. The Scottish Executive has full responsibility for sustainable development as it applies to most domestic policies, including the strategic approach to be adopted and any indicators which may be used to measure progress.

We think the Commission will be encouraged by commitments already made by the Scottish Executive and the Scottish Parliament.

The standing orders of the Scottish Parliament now require every Executive Bill to be accompanied on its introduction by an assessment of the effects of the Bill on (amongst other things) sustainable development. This will have a powerful influence on policy. The Scottish Parliament has established a number of Committees carrying out a wide range of scrutiny activities. The working practices of the Scottish Parliament are different in some important respects from those of Westminster and the Commission will wish to be aware that the Transport and Environment Committee is already active on a number of fronts. The Programme for Government Making It Work Together announced by the Scottish Executive in September makes explicit commitment to integrate the principles of environmentally and socially sustainable development into all Government policies. The mechanisms for delivering this commitment are being established now. The Scottish Executive is committed to strategic environmental assessment for all Government programmes and work is in hand to align this commitment with the emerging European Directive on this subject.

Overall, I suggest that it would be helpful for the Commission to conduct its study in a way which accommodates the new structures of Government across the United Kingdom. If there are any specific matters on which the Commission would like information, we stand ready to help.

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