The committee report on the Natural Environment Bill has been published. In this post we look at the key elements of the report which are relevant for National Parks legislation. The Stage 1 Debate should take place at the end of October.
The committee responsible for scrutiny of the Natural Environment Bill has published their Stage 1 report on the legislation on 30th September. You can view it here and find background information about the stage 1 process here.
We have been active in advocating for improvements to Part 3 of the Bill, which concerns National Parks. You can read more about what we have been asking for here.
In summary the Committee supports the general principles of the Bill and makes some recommendations for improvements to some provisions. We especially welcome their support for a strengthened duty on Public Bodies as “an important tool to deliver national park plan objectives”
Our Asks
Public Body Duties
The committee “supports the strengthened duty as an important tool to deliver national park plan objectives” whilst noting concerns that were expressed over potential resourcing . They also noted that some stakeholders had called for the duty to go further – for it to be “directly support”.
We support the strengthened duty on Public Bodies to ‘facilitate Park Plans’ and we wish to see the wording that Public Bodies “have regard to” the aims of the Park equally strengthened. We would like to see public bodies having a duty to “further the aims” of the National Park. This wording is in the equivalent legislation in England.
National Park Aims
The Committee noted broad agreement from NPAs and other stakeholders with the proposed changes to wording of the aims noting the expectation that only minimal difference to operation would result. The Committee did highlight concerns over how housing, forestry and farming are covered in the aims. They also included some queried wording at annex C.
We feel that the aims should include reference to Landscape, even though it is proposed that the first aim retains the wording of “natural and cultural heritage” which does imply that landscape is included. However, it is also proposed that the phrase “special qualities” will be cut from the third aim which is perceived to weaken reference to landscape. We are considering amendments to go forward to include landscape in the aims.
Calls for a Review of National Parks
Calls for Review of National Parks are dealt with at para 193 “the Committee notes calls for an independent or parliamentary review of the overall operation and effectiveness of national parks.” The Committee seems to have accepted the Cabinet Secretary’s view that the Bill is separate from the process of considering future designations and therefore states at para 196 “The Committee suggests that any independent or parliamentary review of national parks includes a review of the designation process for new national parks.” This means they don’t go on to recommend any amendments to the provisions around proposals of new NPs although they do mention NatureScot’s proposal that the NP aims “should be complemented by a requirement for the Scottish Government to produce “a national policy statement on national parks” (para 219)
Access
The change to allow all new National Parks to become access authorities was acknowledged as being uncontroversial (para 187), which we welcome.
Byelaws and Fixed Penalty Notices
The committee supports the proposals in the Bill but asks Ministers what support and guidance will be given to NPAs for establishing the regime and the approach to enforcing it.
What Happens Next?
We are now discussing ammendments to discuss with MSPS with a view to taking them forward at Stage 1. These include ones covering the points above and also to Publish clear vision for new National Park at point of Proposal and to clarify the role of the reporter.
The Stage 1 debate is expected to happen towards the end of October and it is anticipated SCNP and APRS will produce a briefing for all MSP on part 3 of the bill. We’ll keep you updated!