The Scottish Government

« Previous | Contents | Next »

Listen

SECTION 5: SUPPORTING MEASURES

5.1 This section presents the findings relating to the questions on supporting measures in Section 8 of the consultation document (questions 23-33) and any other relevant issues.

Public sector duties

23. Should the Bill contain enabling powers to introduce a duty on certain parts of the public sector (i.e. local authorities and large public bodies) to take specified actions on climate change or other specified environmental issues? Why?

24. What should such a duty (or duties) include?

5.2 A total of 178 responses addressed the question of whether the Bill should contain enabling powers to introduce a duty on certain parts of the public sector to take specified actions on climate change or other specified environmental issues. Organisations were slightly more likely than individuals to address this, but the difference was relatively small. This issue was the subject of discussion at three of the events, sometimes in considerable detail.

5.3 There was a very high level of agreement with this proposal, and the majority of respondents of different types agreed that the Bill should contain enabling powers to introduce such a duty, including most public sector respondents, one campaign text and many (although not all) participants in three of the events. Only around 7% of those who addressed this issue stated, or inferred that it should not. Amongst those who expressed agreement, while many focused on the general need for enabling powers, some suggested that the Bill should contain such a duty from the start (rather than enabling powers) or stated that they believed that public sector bodies should have a duty imposed on them. One respondent stated that it would be necessary from the outset to state what the powers would be, and the expectation which would be placed upon these organisations. Another stated that this question should be reworded to focus on the requirement to achieve results.

5.4 Many respondents gave reasons for their agreement with provision for the introduction of a duty, some of which related to the benefits of enabling powers, but most of which related to the benefits of a duty itself. In terms of comments on the use of enabling powers, some suggested that this provided flexibility and an option to develop further action in the future without primary legislation, should voluntary measures fail to produce results or where situations arise in which a duty could be useful. For example:

"Including such a provision would provide another tool to help reduce emissions if needed in the future, without needing further primary legislation". (Academic and Research Institution)

5.5 A small number specified that such powers should only be used or enacted where voluntary measures proved insufficient. Some emphasised the overall need for all levels of public service to be required to take action to address climate change, and the need for enabling powers to ensure that this takes place, as well as to ensure that the Bill is effective.

5.6 Most of the comments on the reasons for agreement, however, focused on the importance or benefits of having actual duties for public sector bodies, and these included:

• The importance of addressing climate change, the implications of the target and the need for concerted action from all parts of Scotland and at all levels in society, including the public sector.
• The general importance of the public sector, in terms of its size (e.g. workforce, budget and estates), impact and ability to adapt to and influence change (within and outwith the sector).
• The relevance of specific services within the public sector (e.g. housing, health, transport, planning, health etc.) to contributing to, and tackling climate change.
• The role of the public sector in tackling climate change and delivering the targets (both directly and through procurement activity).
• The need for impetus, direction and clarity from the centre and for a co-ordinated, consistent and fair approach that does not involve some areas or organisations "carrying" others.
• The importance of leadership by example, and the suggestion that this also helps to promote wider action, including in the private sector.
• The value of duties in promoting action (mentioned by a large number of respondents, with examples of the perceived impact of other types of duties, such as the equality duties) and in speeding up action.
• The value of duties in providing statutory protection and greater priority to actions that may not otherwise be deemed essential in a climate of expenditure restraint and other conflicting priorities.
• The opportunity to promote commitment and action at a local level, to enable the development of best practice and to enable local solutions.
• The opportunity to increase awareness of the role and responsibilities of public bodies and to increase commitment within organisations.
• The opportunity to increase wider awareness and the visibility of action, and to increase accountability.
• The suggestion by many respondents that voluntary measures alone may not be successful (with some examples given of the perceived limitations of existing measures), along with the perception that there are some areas in which public sector bodies have been slow to act in the past, or where there has been a lack of achievement, even where guidelines are in place.
• The opportunity to "mainstream" and embed consideration of climate change in all policy and performance management and to increase scrutiny.

5.7 Some respondents made particular suggestions about which parts of the public sector should be subject to such duties, and those mentioned included: local authorities; the Scottish Government; the Scottish Parliament; community planning partnerships and partners (which clearly covers a range of organisations within and outwith the public sector); Scottish Enterprise; Transport Scotland and regional transport partnerships; regulatory bodies and specific technical inspectorates; other non-Governmental public bodies; and the proposed Scottish Futures Trust. One respondent suggested that the terminology in the Environmental Assessment (Scotland) Act 2005 should be used, placing a duty on bodies of a "public nature". Some proposed that a duty should be introduced across the whole of the public sector.

5.8 A very small number of respondents did not believe that enabling powers should be introduced for certain parts of the public sector (and almost all of these were public sector respondents). Comments made included that legislation and powers are already in place which would suffice or which could perhaps be strengthened, with climate change embedded into these; that there is potential for inconsistency or confusion; and, in the case of one individual that this would be a waste of money. Amongst those who did not necessarily disagree with enabling powers, a small number of concerns were also raised about how to ensure a fair and consistent approach, the potential impact on some areas of work, and the difficulties of balancing duties and costs.

5.9 A wide range of suggestions were made about what the duties might include, varying from some form of generic duty to very specific requirements (not necessarily exclusively). One respondent stated that all of the potential duties mentioned in the consultation document should be considered and developed in more detail. One campaign text suggested that public bodies should also be subject to a financial regime of incentives and sanctions.

5.10 Amongst those who identified the need for a general duty, a common suggestion was the need for a duty to require public sector bodies to consider climate change across the range of their policies, strategies, plans, decision making and delivery functions. Some advocated that the general duty could be established in the Bill, with more specific duties set in secondary legislation, for example:

"A general duty should be placed on public bodies to consider the impact of climate change in all their decisions and to pursue, in a sustainable manner, reductions in carbon emissions in line with national targets. Any further specific duties should be included in secondary legislation". ( NGO)

Some gave the specific example of a model similar to the equality duties.

5.11 Other suggestions for high level, generic duties included the requirement to:

• Subscribe to the intentions of the Bill.
• Address issues of adaptation and mitigation.
• Set targets.
• Monitor progress and emissions (and report on this).
• Meet budgets and targets.
• Prioritise climate change.
• Minimise the impact of activities and functions on climate change.
• Deliver climate change responsibilities in a sustainable manner or in a way that furthers sustainability (expressed in a range of similar ways).
• Deliver climate change responsibilities in a way that furthers the conservation of biological diversity (expressed in a range of similar ways).
• Apply the principles of Best Value to functions to mitigate climate change and include climate change matters in Best Value audits.
• Collaborate with others to reduce area-wide emissions.
• Require bodies under their jurisdiction to achieve set emissions reductions.
• Contribute to the achievement of the overall target.
• Assess actions which they can take.
• Produce and adhere to a climate change strategy, plan and / or programme.
• Develop a local inventory.
• Undertake a policy review.
• Sign up to Scotland's Climate Change Declaration.
• Report on a range of issues, discussed further at question 27 below.

5.12 A number of suggestions were also made about duties relating to more specific areas, but which remained relatively wide-ranging. Amongst these, suggestions included the requirement to:

• Carry out risk analysis, assessment and review of the potential effects of climate change (and, for local authorities, to include the results of climate change assessment of their actions in committee reports and council minutes).
• Produce an adaptation strategy or plan.
• Take necessary steps to adapt to climate change impacts.
• Commission and conduct an energy audit.
• Develop an energy efficiency strategy (Ministers).
• Consider climate change as part of statutory duties (regulators).
• Adopt carbon accounting procedures or undertake carbon budgeting.
• Ensure that a carbon calculation is carried out in assessing policies, investment and decisions and carry out full life cycle analysis.
• Produce an emissions reduction plan (e.g. with targets for particular measures).
• Develop negotiated green workplace agreements.
• Establish exemplars in particular areas of work.
• Use "green" energy.
• Promote sustainable or "green" procurement, or develop procurement policies that account for climate change issues.
• Develop year on year reductions in energy and water use.

5.13 Some very specific suggestions were also made, which identified more detailed aspects, or areas of the work of particular public bodies within which duties might be imposed. Amongst these, it was suggested that there was a need to specify measures to be taken in areas such as ³⁰:

• Building and planning.
• Community development.
• Economic development, industry and technology development.
• Education, information and awareness raising.
• Electricity use, renewable energy and microgeneration.
• Employment, staff and management practices (including staff travel), ways of working and workplace issues.
• Environmental management and performance.
• Funding.
• Housing (existing and new).
• Land use.
• Management of public buildings.
• Procurement.
• Roads and transport.
• Supplies.
• Waste / recycling.

5.14 A number of respondents stipulated that a duty should only cover those issues which are within the direct control of an organisation (although some NGOs suggested that the duty should extend to, for example, reducing emissions arising indirectly from the discharge of their functions by public bodies). This was raised particularly in relation to local authorities, with some stating that it would be unreasonable to expect these organisations to be held accountable for failure to deal with issues that are not directly under their control.

5.15 A number of respondents stressed the importance of linking the duty to existing provisions. Some respondents also argued that there was the potential for a new duty to be incorporated within existing measures, such as: the Climate Change Declaration (which could be extended to the wider public sector); existing Best Value and community planning duties, and other provisions in the Local Government in Scotland Act 2003; the sustainable development duty under the Planning etc. (Scotland) Act 2006; and Single Outcome Agreements. Many, however, simply suggested that cognisance should be taken of these measures. Several considered that the Bill, or the provision for the introduction of duties, gave an opportunity to embed the commitments and principles of Scotland's Climate Change Declaration into formal legislation.

Statutory guidance

25. Should the Bill contain enabling powers to introduce statutory guidance for certain public sector bodies (i.e. local authorities and large public bodies) on specified climate change or other environmental measures? Why? Are there gaps in any existing guidance?

26. What should this guidance include?

5.16 A total of 139 responses addressed the question of whether the Bill should contain enabling powers to introduce statutory guidance for certain public sector bodies on specified climate change or other environmental measures. Organisations were more likely to address this than individuals, and this issue was discussed at two of the events. Participants at the event hosted by COSLA provided considerable additional information about the nature of existing guidance and explored the issues in detail.

5.17 Amongst respondents, the majority (again, including most public sector respondents and participants at two events) believed that the Bill should contain such enabling powers, with a number of reasons given for this view. Some stressed the general need for strong guidance to accompany the Bill, to aid implementation or to promote good practice. A number linked the need for guidance to the establishment of a duty on public sector bodies (discussed above), often stating that guidance and resources should accompany such a duty. For example, it was suggested that a general or more specific duty could be accompanied by statutory guidance, and many of those who believed that there should be a duty to produce an adaptation plan added specifically that the Bill should commit the Scottish Government to the production of statutory guidance on this duty.

5.18 A small number of respondents reiterated the points noted above, that enabling powers would provide the flexibility to introduce guidance in the future (e.g. along with the introduction of a duty, or if it became clear that this was required), particularly if circumstances changed during the period to 2050. A small number of other respondents suggested that such statutory guidance should only be introduced if a voluntary approach failed to deliver the level of progress required.

5.19 It was argued that such guidance would provide further clarity about the implications of the legislation, the roles and responsibilities of participants, and how public bodies should deliver their requirements and influence change. The highest number of respondents identified that such guidance would ensure that action was taken, and that climate change was identified as a priority. For example:

"Local authorities and large public bodies must have statutory guidance on climate change measures, to ensure climate change is tackled as a priority issue in all areas of policy where decisions could influence climate changing emissions (both positively and negatively)". (Individual)

5.20 It was also suggested that guidance would help to promote an "even playing field" for public sector bodies and provide an overview of "the big picture". The importance of consistency across public bodies was a common theme, and some identified that this made it easier to make comparisons between bodies. One public sector respondent stated that the scale of change required in order to ensure that climate change is fully considered is such that there is a need for statutory guidance to ensure that the aims of the Scottish Government are met.

5.21 The provision of statutory guidance was also seen as a way of promoting understanding and sharing best practice, and one NGO stated that the Scottish Government has a key role in facilitating cross-sector action and understanding. It was also suggested that tackling climate change will require new areas of activity and improved understanding (particularly for organisations which have not yet engaged fully with climate change), making guidance important.

5.22 A number of respondents (particularly organisations, including business and industry respondents, NGOs, public sector respondents and trade and professional organisations) identified that there are gaps in current guidance, with a perceived lack of specific focus on climate change issues or, in the view of two organisations, a difficulty with conflict between activities and lack of prioritisation. It was also suggested that there is not always "joined-up" action, and some public sector organisations stated that there is a lack of a single statutory guidance vehicle which summarises all of the climate change issues which are addressed specifically or indirectly in various existing guidance.

5.23 A small number of respondents (including one campaign text) argued that non-statutory guidance would not be sufficient (although it was not always apparent that respondents made a distinction between statutory and non-statutory guidance). For example, it was suggested that non-statutory guidance may not have sufficient status, or would not have sufficient force. Two NGOs and a number of public sector respondents considered that existing guidance is poorly promoted, monitored, resourced and enforced, and a public sector respondent identified difficulties with interpretation of aspects of existing material. Another respondent noted that some issues are left to the discretion of an organisation in terms of implementation. Some respondents also suggested that there are particular issues upon which there is insufficient guidance, and areas proposed for inclusion are outlined later.

5.24 Only a very small number of respondents believed that the Bill should not contain enabling powers to introduce statutory guidance, or expressed concerns about guidance. Where it was not seen to be required, the main reason given (as was the case with the introduction of a duty) was that the existing provision was sufficient. One respondent suggested that additional statutory guidance might be time-consuming and confusing for public sector bodies. A public sector organisation also expressed a concern that the uncertainty of science could mean that guidance might become quickly out of date, and could hold back innovation.

5.25 Some respondents considered that existing guidance should be assessed, and refreshed if required ³¹ or that implementation should be strengthened (e.g. by inserting a clause in the Bill which requires public bodies to take note of appropriate guidance). One suggested an enabling power to establish mechanisms for the identification of gaps in existing guidance and to enable action to rectify this. Two respondents stated that the Scottish Government does not require further enabling powers to be included in the Bill as it already has the powers required to produce change through advice and direction.

5.26 Where respondents provided more details about the subject matter of the guidance, the focus tended to be on the provision of direction and clarity about the measures required to ensure that all bodies take the necessary actions. This was sometimes related to the Bill overall, or to the more specific nature of a duty which had been proposed. For example, it was suggested that supporting guidance could expand on the content of the legislation, or could provide information about how to address the target. It was also argued that it could provide information about the approach to be adopted and the issue of prioritisation, as well as measurement, reporting and record keeping. It was also identified that information could be given about which areas of policy are likely to have the greatest impact.

5.27 A number of respondents identified that some form of summary guidance would be useful (consistent with previous comments on the current lack of this). For example:

"… whilst existing guidance may address, specifically or indirectly, many climate change issues, there does not appear to be a single statutory guidance vehicle summarising or linking them all. This would be useful as joined up action on different aspects of climate change issues is not always carried out". (Public Sector respondent)

It was suggested that this could integrate all climate change issues into one vehicle to enable public sector organisations to have a full understanding of all of the links and consequences of their actions or business. One respondent stated that a "mapping" of policy and powers would be useful.

5.28 Where the guidance was linked to a duty, it was proposed that a general duty could be backed up with guidance on the way that this could be achieved. Similarly, many of those who made a link between the need for a duty to produce an adaptation plan (and / or to carry out climate change responsibilities in a sustainable manner) and the need for statutory guidance stipulated that the statutory guidance should make it clear that public bodies will be required to "further" sustainable development. It was also suggested that the guidance should make clear the requirement to produce a plan, and should identify how the issues should be approached.

5.29 A number of others highlighted specific aspects of implementation on which guidance could be provided, with one public sector respondent, for example, suggesting that the guidance should provide specific information about which areas of operation should reduce or cease to allow implementation within existing resources. Another proposed guidance on the baselines to be used, and the links between local and national targets.

5.30 Some respondents also considered that existing guidance could be developed to provide details regarding consideration of climate change and sustainable development. For example, it was identified that this could be the subject of further guidance on well-being under the Local Government in Scotland Act 2003, in Best Value guidance (see question 28) and in guidance on Strategic Environmental Assessment (see also question 31). It was also identified that guidance in other specific sectors could be reviewed and amended as necessary.

5.31 Some respondents identified very specific subject areas (or areas of operation) in which further guidance was required. Brief examples are given below, although full details are available in the responses. A number of respondents identified the need for the preparation of guidance covering the wide range of areas which impact upon climate change, or for the development of guidance alongside new initiatives. It was also noted that the content of different types of guidance will vary.

5.32 Some of the specific suggestions reflected those identified earlier as areas in which duties may be required, and included the provision of information about climate change in relation to:

• Adaptation (noted above).
• Agriculture.
• Best practice (including the provision of examples).
• Building and Planning (including, for example: standards and requirements for developments; the national planning framework; planning and climate change; the need to take account of climate change adaptation and mitigation in planning decisions; and how to do this).
• Carbon accounting and management (including, for example: preferred tools; offsetting; proofing; life cycle costing; reporting; and links between carbon budgets and financial budgets).
• Community planning.
• Economic development (including, for example: the ways to take account of climate change issues; the need to consider long-term gain; and requirements on industry).
• Employment, staff and management practices (including, for example: how to use resources more efficiently and effectively; staff and work practices; and business travel).
• Enforcement (including, for example, the framework and boundaries for enforcing organisations).
• Forestry.
• Funding (including, for example, the availability of funding).
• Housing (including, for example, measures to promote or monitor energy efficiency and uptake of microgeneration in existing homes, and retrofitting).
• Impact assessment and proofing.
• Information provision (including, for example, how to provide information to, and involve other stakeholders, and the importance of leadership).
• Internal carbon budgeting.
• Investment planning.
• Land use planning (including, for example: consideration of location issues for developments such as housing and wind farms; the climate change implications of land use planning policy; and a strategic approach to allotments, gardens and orchards).
• Links between local indicators and targets and the national framework and measures.
• Management of public buildings (including, for example, development and improvement, and potential energy saving measures).
• Measurement issues (including, for example: what needs to be measured; baseline indicators; benchmarking; local inventories; preferred tools; auditing; timescales; and methodologies.
• Procurement (including, for example, the need to take account of climate change in procurement decisions and how to do this, including the balance of climate change considerations with various financial considerations and financial pressures, and how to take account of whole life costs).
• Reporting (including, for example: reporting requirements; a template for reporting; issues to be reported; and issues for particular sectors).
• Risk management (including, for example, emergency provisions for climate change-related incidents).
• Specific measures (including, for example, district heating and combined heat and power).
• Street lighting (including, for example: location of lighting; requirement of street lighting; and types of lighting).
• Transport (including, for example: possible means of modal shift; potential developments and initiatives; purchase of vehicles etc.).
• Waste / recycling (including, for example: waste management; the importance of recycling; the use of secondary raw materials; and zero waste objectives).

5.33 A number of respondents provided overall comments on the general nature of guidance, suggesting that it should be clear and factually-based. One individual respondent suggested that the guidance should also include information about the consequences of inaction. It was also argued that new guidance should complement, build upon and take account of existing material. A small number of respondents identified the need to carry out research, review existing legislation or take advice from a new Committee in order to identify the content of the guidance.

Reporting

27. Should the Bill contain enabling powers to create a requirement for certain public sector bodies (i.e. local authorities and large public bodies) to make regular reports on specific measures they are taking to tackle climate change (whether mitigation or adaptation) or other environmental issues? Why? What should be included in such reports?

5.34 It was clear from the previous section (question 13) that there was considerable support amongst respondents for a requirement on the Scottish Ministers to report on a range of issues. Similarly, there was considerable support amongst respondents for the Bill to contain enabling powers to create a requirement for certain public sector bodies to make regular reports on specific measures they are taking to tackle climate change or other environmental issues. A total of 128 responses addressed this question (organisations more than individuals). This was discussed at three of the events, with the event hosted by COSLA involving substantial detailed discussion.

5.35 A large majority of respondents believed that the Bill should contain such powers. Virtually all public bodies which expressed a view supported this, and this was reflected in the views expressed at the events (with only a small number of participants in the event hosted by COSLA who expressed reservations). Some respondents stipulated that the requirement to report should be introduced as part of a public sector duty (see questions 23 and 24), for example as a condition of compliance, and a number of respondents proposed that reporting should, in itself, be a duty placed upon public sector organisations. A further suggestion was that reporting requirements should be part of the primary legislation (as some respondents stated should be the case for the duties), and a small number of public sector respondents advocated that the term "certain public sector bodies" should be replaced with "all public sector bodies".

5.36 A number of reasons were given to support the view that the Bill should contain enabling powers to create a reporting requirement for the wider public sector, and these were often similar to those identified where respondents stressed the importance of reporting by the Scottish Ministers. The importance of accountability, transparency and openness were again common themes in relation, for example, to scrutiny by other stakeholders and by the Scottish Government, providing a picture of progress across the country. The value of reporting in promoting action, tracking progress, ensuring compliance and enabling delivery against the targets was also stressed frequently, as well as enabling future planning. It was also suggested that this would help to reflect the seriousness of the issue and would give it a high priority. For example:

"Such a requirement should follow any national standards or reporting mechanisms that are introduced. This reporting would ensure that all local authorities will give this issue the level of importance that it merits". (Public Sector respondent)

One public sector respondent argued that a requirement to report on progress would assist in making tackling climate change part of an organisation's everyday business.

5.37 As was the case with comments relating to the introduction of duties and statutory guidance, some respondents believed that voluntary arrangements would be (or currently are) insufficient. Some noted the voluntary nature of Scotland's Climate Change Declaration commitments and the opportunity for different approaches to reporting. One respondent noted that the existence of enabling powers would help to create incentives for public bodies to address climate change voluntarily.

5.38 A common theme relating to public sector reporting was the importance of this in helping to ensure consistency and enable comparison (an issue raised particularly by public sector respondents). It was also suggested that: it would help to ensure that different organisations were making an equitable contribution to targets; it could be used to highlight which organisations were most successful or committed; and it could highlight any issues which were impeding action.

5.39 The importance of public sector bodies in addressing climate change was also identified by several respondents as indicating the need for reporting. The view that there is a need for the public sector to lead by example, and the view that reporting constitutes general good practice, were also highlighted. It was also suggested that the reports would provide a useful resource for shared learning across the public sector and with other organisations, businesses and the wider public, providing examples of what can be done. For example:

"It would enable sharing of best practice and allow public scrutiny of the performance of public bodies in this respect … Organisations may wish to use such reports to highlight particular successes or obstacles, as this could provide useful shared learning". (Individual)

5.40 Some respondents noted that Scottish Government reports would need to draw upon information from other public bodies and that the Government has a right to know about these issues. One proposed that these should also provide the basis for funding provision, and another that annual reports could be tied into an awards programme.

5.41 A number of issues were identified frequently as those on which public bodies should be required to report, and the most common related to broad overall issues, including:

• The measures taken (both directly and to stimulate others) to tackle climate change (mitigation and adaptation). It was suggested that this should include both policies and other measures, and their predicted and actual impact.
• Spending decisions that result in changes to emissions generated.
• Progress against targets or budgets.
• Emissions (both their own and area-wide, and including source and consumption measures).
• Progress against plans or strategies.
• Obstacles, or reasons for any lack of success.
• Actions planned.
• Actions taken, progress, impact and actions planned against any particular duties imposed.

5.42 Some respondents argued that everything of relevance should be reported on. One public sector respondent proposed that climate change implications should be embedded in all of the organisation's performance reports and others that issues should be included in organisations' annual reports or accounts. One respondent expressed a preference for reporting at an area-wide level, rather than at the level of an individual organisation, while a combination of both levels was suggested by others. It was stated at the event hosted by COSLA that a local authority would not always be the best geographical unit for the purposes of reporting on particular issues.

5.43 It is also important to bear in mind some of the issues identified in relation to reporting by the Scottish Ministers, as some of these were also seen to require information from other bodies, and some of the comments on emissions reporting are also relevant here. Allied to this, respondents did not always specify clearly who should be subject to the types of reporting requirements which they identified in their responses.

5.44 The need for reporting to cover a wide range of relevant issues and measures was reflected in the more specific issues which were identified as constituting part of the reports. These again focused on the types of issues highlighted previously at questions 24 and 26 relating both to the specific duties and to the potential content of guidance (and were sometimes linked directly to the duty). There was seen to be a need to include reporting on all measures and actions, trends, progress and impact relating to these issues. Additional suggestions were made that public sector reports should include details of innovation, costs and spending (including funding provided to others).

5.45 Although respondents were not asked to suggest how frequently certain public bodies should report, several respondents expressed a view on this. The most common (although not the only suggestion) was that annual reporting should be required (as was the case with many respondents who commented on reporting by the Scottish Ministers). Some made a link to the need to feed in to national reporting.

5.46 Some comments were also made on the nature of the reports, and it was argued, for example, that these should be evidence-based, comparable, consistent and prompt. It was also suggested that it should be made clear who would receive and consider the reports, and how they would be used to assist policy development. Some considered that any requirement for regular reporting should be thoroughly researched, and resources provided.

5.47 As was the case in comments on the introduction of duties, a common issue which was raised was the need to take account of other measures which are in place, and to link to other reporting structures. While some suggested that these current arrangements could provide a means of reporting, many focused on the need to ensure that requirements are consistent with these, or build upon them. Many respondents identified the importance of Scotland's Climate Change Declaration in the context of reporting. Some proposed that this could be formalised, or could provide the basis for reporting, and some that it could be developed as a reporting mechanism for others (e.g. Community Planning Partnerships). A small number provided detailed suggestions about the way in which the Declaration could be developed. One respondent stated that it would be helpful to have an agreed mechanism through which partners could sign Declaration "supporting statements". Another suggested that reporting requirements should be in line with any which are applied to local authorities and public bodies outside Scotland.

5.48 As has been the case in responses to previous questions, the importance of ensuring consistency or integration with the Single Outcome Agreement process was also highlighted frequently. Again, some argued that reporting on measures to address climate change by local authorities could be undertaken through the Single Outcome Agreement process (e.g. with additional jointly agreed indicators developed). Other initiatives which were identified as being relevant to reporting included: the Carbon Trust Local Authority Carbon Management Programme; the Strategic Environmental Assessment process; reporting under the Energy Services Directive; the Carbon Reduction Commitment; and a range of reports by local authorities to the Scottish Government. It was also advocated that reports should be compatible with the UK Bill and any future EU developments and international obligations.

5.49 A very small number of respondents suggested that the Bill should not contain enabling powers to create a requirement for certain public bodies to make regular reports, or expressed concerns about aspects of this. Reasons for this again focused on the view that existing arrangements are sufficient, or that the powers already available to the Scottish Government are already adequate. One respondent stated that it would not be appropriate to make reporting compulsory until an efficient and effective process is put in place. Amongst other concerns expressed were that reporting requirements may deflect the focus from reducing emissions, or that reporting should not be unduly onerous or time-consuming, nor should it become an end in itself. It was also argued that some difficulties in identifying cause and effect in some areas may affect the value of reporting on impact.

Best value guidance

28. As a potential non-legislative measure, should current Best Value guidance be amended to take specific account of climate change mitigation and adaptation? If so, how should Best Value guidance be amended?

5.50 A total of 103 responses addressed this question, of which a relatively small proportion were individuals. Two of the events discussed this issue (the event hosted by COSLA in considerable detail). Amongst those who provided a response to the question, a large majority (including virtually all public bodies and participants in the two events) agreed that Best Value guidance should be amended to take specific account of climate change mitigation and adaptation. Many also provided suggestions about how this could be done.

5.51 Many respondents gave reasons for their view. As noted previously, some believed that the existing framework would be sufficient to achieve the objectives of a climate change duty and identified that existing guidance (including Best Value guidance) could, or would require to be amended to support this approach. Many, however, viewed the potential to amend existing guidance as being additional to the provision of enabling powers in the Bill for the introduction of a duty or statutory guidance, and a number expressly stated this.

5.52 Some stated that Best Value is already recognised in local authorities, and would provide a useful framework, and an opportunity to embed climate change in public sector decisions. For example:

"Best Value would be a very useful way of ensuring climate change was taken into account, as it is already an accepted and recognised measure in local authorities". (Individual)

Some stressed the important role played by Best Value guidance in determining the way in which the public sector works, and the relevance of climate change issues to some of the issues currently covered in the Best Value guidance. It was also suggested that it can support innovation, enable the development of measures to suit organisations' circumstances, and encourage involvement across all public sector functions. It was also stated that it can be amended quickly in response to changes in scientific understanding of climate change.

5.53 A number of respondents also expressed the view that current Best Value guidance is insufficient in relation to climate change, and requires amendment for that reason. Issues raised included perceived problems with both the content and implementation, with respondents suggesting that:

• The guidance is not currently sufficiently clear that public sector bodies should embed climate change considerations in their policies (in agreement with the suggestion in the consultation document).
• There is currently no mention of climate change in the Best Value guidance.
• The guidance is not currently sufficiently robust.
• The guidance relating to sustainable development does not currently have a high profile in many decisions, and the success of the inclusion of this has been mixed, and is not easily measured or understood.
• This guidance came some time after the legislation, and with little Government support to implement it.
• The main focus of Best Value considerations tends to be on price rather than social, economic or environmental costs, or the long term costs.
• There have been conflicting messages about what Best Value means.
• Best Value frameworks have been used to stall or inhibit some actions.
• There are problems with the actual implementation of current guidance, and differences in the means of applying the principles.
• There has been insufficient scrutiny of action on sustainable development or climate change.

5.54 Suggestions for the way(s) in which current Best Value guidance should be amended were often at a general level. These included, for example, the need to:

• Generally strengthen the guidance and make it more robust in addressing climate change and sustainable development.
• Ensure that the guidance includes greater and more specific emphasis on addressing climate change mitigation and adaptation and on other environmental impacts.
• Make links to any new duty on climate change.
• Take full account of the risks of irreversible climate change.
• Give sustainable development and climate change a higher profile within the Best Value regime and emphasis the high priority of this. (Some suggested that the theme of sustainable development and the assessment of this could be enhanced and amended to take account of climate change issues.)
• Ensure that public bodies consider climate change as part of Best Value considerations, and that this is embedded across all policies and strategies and across all services and areas of work.
• Ensure that the principles of Best Value are applied to functions relating to climate change.

A small number of respondents also proposed that the Sustainable Scotland Network Best Value and Sustainable Development Toolkit could be revised and / or strengthened.

5.55 Some provided more specific suggestions for amendment of the Best Value guidance, such as the inclusion of:

• A clear definition of all of the climate change issues to be addressed.
• Links to, or inclusion of, other requirements and measures (e.g. the requirements of the Climate Change Declaration).
• Explicit information about obligations and actions required and powers available.
• Information about measurement and reporting.
• Guidance on carbon budgeting and accounting (including the current carbon price).
• An explicit climate change impact assessment.
• How to evaluate projects or policies to determine climate change impacts, how to take account of them and how to demonstrate this.
• The importance of the inclusion of a range of considerations in Best Value (and not only financial considerations), with the guidance broadened to take fuller account of the areas where there may be conflict between a simple economic appraisal and one with longer term aims in respect of climate change.
• Procurement and purchasing issues and opportunities (compliant with requirements), including the promotion of green procurement, the inclusion of climate change criteria and the recognition of relevant issues as key elements of Best Value in procurement.
• Proofing of actions and plans, and an emphasis on mainstreaming.
• Specific information relating to areas such as building standards, transport, planning, waste, procurement etc.
• Best practice examples from different sectors.
• Guidelines on spending.

5.56 Many respondents also emphasised the importance of implementation and enforcement of the guidance. It was suggested, for example, that a strong and effective audit system would be vital. Some identified a need for Audit Scotland's role in Best Value to be explicitly extended to cover climate change issues. It was also advocated that the guidance should be supported by Performance Indicators for local authorities on climate change mitigation and adaptation.

5.57 A small number of respondents to this question believed that current Best Value guidance may not need to be amended, or expressed doubts about this. Amongst the reasons for these views were that:

• Legislative measures are preferable.
• Current guidance is sufficient.
• This should only be used if it is audited regularly.

Other comments on public sector duties, guidance and reporting

5.58 A number of comments were made which related generally to the framework of supporting measures for duties, guidance and reporting for the public sector and were relevant to some, or all of the issues explored in questions 23-28. Some raised issues which were similar to points made in the previous section about the reporting and scrutiny framework, but focused on their relevance to supporting measures in the wider public sector.

5.59 The need for clarity and direction in terms of the expectations upon public bodies was a common theme, along with the need for consistency and fairness in the requirements, procedures, roles and responsibilities. As was the case with Parliamentary scrutiny, a number of respondents highlighted the need for clearly specified sanctions and mechanisms for monitoring and enforcement of any local authority duty and the implementation of associated guidance. Suggestions included financial penalties, incentives and public accountability (e.g. publication of information such as league tables). Some difficulties in imposing sanctions upon public sector bodies were also highlighted, however, particularly the use of financial penalties which would reduce their capacity to tackle climate change.

5.60 It was also noted by some that there would be a need for independent scrutiny of the wider public sector (with suggestions including a role for Audit Scotland, as was the case in relation to scrutiny of the effectiveness of Scottish Government policy), a call-in process by a Parliamentary Committee and local reporting.

5.61 Many respondents also identified the need for incentives (e.g. funding and fiscal) for public bodies, with some suggesting incentives for those who perform well, or the opportunity for efficiency savings to be directed back to public services (and for this to extend to a range of public sector organisations). One respondent suggested that a "Carbon Fund" scheme (mentioned earlier) should cover these bodies (and believed that this would also require enabling powers). One respondent also argued that enabling powers should not be used in the short term, because a voluntary approach, if successful, could lead to a useful period of innovation in the public sector.

5.62 The importance of addressing some of the issues relating to measurement and data collection, and the need for clarity of these was also raised. Such comments have been detailed at a number of points previously and will not be reiterated here. Again, potential tools and methods for use by public bodies in their measurement were suggested. A specific need for clarity to be provided in the Bill about what constitutes a "scientific measure" and what "other environmental issues" (in terms of reporting) would include was highlighted.

5.63 Another theme identified by several respondents, particularly in the public sector, was the need to support the requirements and responsibilities given to the sector not only with appropriate guidance (of the types highlighted above) but also with training. It was stated that the development of climate change "literacy" is vital (both for staff and elected representatives in the public sector). Two public sector organisations stated, for example, that guidance alone would not be sufficient without training and capacity building, in order to ensure a consistent approach. It was also identified that those carrying out auditing and scrutiny, and those being audited would require training for this and / or support from other organisations.

5.64 Similarly, many respondents, particularly in the public sector, highlighted the need to ensure the provision of resources to support the measures introduced and the extra work implied. Some of these respondents identified the need for specific funding to be made available to public bodies for this purpose, or expressed a view of the need to ensure that any duties or other requirements are backed up with appropriate resources to enable them to be carried out. A small number of respondents also suggested that there are existing resources which can be used to assist in meeting requirements. One respondent noted that they would welcome further consultation on financial support to meet targets.

5.65 The possible links between duties and other measures impacting upon public bodies were identified earlier. More generally, a number of comments were made about the need for recognition and clarity of the links to such measures (such as, for example: other targets; the Carbon Reduction Commitment; the National Performance Framework; Scotland's Climate Change Declaration; Single Outcome Agreements; ministerial objectives for regulated businesses; and other measures). It was suggested that there is a need to make explicit the links between this framework and these measures, and to make any amendments to these measures as may be necessary to reflect new requirements.

5.66 A small number of other requirements for the effective identification, development and implementation of public sector supporting measures were also highlighted, and these included the perceived need for:

• Early action and implementation of the measures.
• Clear definitions of key issues.
• Clarity and simplicity of any duties and requirements.
• Consistency and direction, whilst retaining some flexibility to enable recognition of diversity and local circumstances.
• Recognition of the issues facing particular public bodies and some of the conflicting issues and decisions.
• Recognition of the issues facing regulated businesses.
• Partnership working (a common cross-cutting theme which is discussed further in Section 6) and a "light touch" approach.
• Sharing of best practice.
• Further review and debate or consultation on these issues in the future.

5.67 One respondent proposed the introduction of incremental measures, increasing in stringency over time. A small number of other respondents considered that it would be useful to have access to a point of contact for advice, guidance and sharing of knowledge.

Enabling powers

29. Are there any amendments to existing legislation or any enabling powers needed to allow for variable charging (for example by local authorities) to incentivise action or eliminate perverse incentives?

5.68 The consultation explored views of the need for changes to legislation, or powers to enable, for example, local authorities to implement variable charging (i.e. making higher charges for less climate change-friendly options, products or behaviours). This question was addressed directly in 83 responses (including 35% of organisational, but only 16% of individual responses) although some respondents raised similar issues in responses to other questions. This issue was discussed specifically at the events hosted by COSLA and Highlands and Islands Enterprise. Very few respondents actually offered an explicit view on whether or not new legislation, or amendments to existing legislation would be required. Nearly all of the responses concentrated on the issues raised by variable charging, and made suggestions for how this could be utilised ³². A small number of respondents were opposed to any form of variable charging, and the issues raised by this group are summarised later.

5.69 Most of those who addressed this question expressed or implied support for variable charging. In some cases, the support for this was active, and in others, passive. As noted above, few identified specific legislative issues, although a small number suggested that the Scottish Government should review this issue, and, if necessary, put legislation in place. For example:

"… we recommend that existing legislation is reviewed with a view to developing incentives that could be introduced by local authorities to reduce GHG emissions, particularly in the areas of energy efficiency, public transport and waste minimisation". ( NGO)

5.70 A very small number of respondents supported variable charging, but argued that existing legislation was adequate. Four respondents questioned whether variable charging was within the competence of the Scottish Parliament.

5.71 A number of respondents indicated that, in their view, variable charging had, or would prove effective in helping to address climate change. Some respondents identified general benefits they saw would arise from variable charging, including that it would:

• Reflect the view that local authorities may be in the best position to consider what is required locally.
• Provide local incentives for reductions in emissions.
• Give flexibility to address local issues and develop local solutions.
• Support innovation.
• Provide a mechanism for restricting local demand for activities causing greenhouse gas emissions.
• Promote good practice at a local level.
• Encourage people to change purchasing behaviour.
• Reinforce the "polluter pays" principle.

5.72 A number of respondents proposed that revenues raised through variable charging should be made available to local authorities to support further projects to address climate change. It was also suggested that good practice guidance would be required to ensure that these schemes were efficient, and introduced at the least cost. One respondent stated that a pilot inter-authority carbon trading scheme could be considered.

5.73 Some, while supporting the principle overall, believed that some caution may be required relating to implementation. A small number, for example, proposed that any decision on this should be deferred until overall progress towards the targets was clearer, with variable charging potentially being deployed if progress was not sufficient. A further respondent suggested that the same actions should be enabled through Scottish Government powers wherever necessary, except where there is no choice but to do this through local authorities. It was also identified by a small number of respondents that the Scottish Government should show leadership on this issue, in part in order to keep regional disparity to a minimum and to facilitate the spread of good practice. For example, as one respondent stated:

"The Scottish Government will need to provide leadership here, and may need to set national charges to 'level the field' and take the pressure off local politics". (Public Sector respondent)

Transport

5.74 Of the suggestions relating to issues which could be addressed by variable charging, the discouragement of private motoring and the promotion of public transport were the most commonly identified. Among the main suggestions made relating to private motoring were:

• Congestion charging (similar to the model in London), with some suggesting differential charges based on emissions.
• A road user charging scheme for the trunk road network.
• Imposing high taxes on city or town centre parking spaces (although this was specifically opposed by some participants at the event hosted by COSLA as being potentially damaging economically to small towns, particularly those close to a city).
• Variable parking charges, again based on emissions.
• Incentives for car sharing.
• Measures to reduce the use of cars for school runs.
• Charging for parking at supermarkets.

5.75 A small number of respondents and event participants noted that most of these measures would work best in a city or large urban area, and may be more difficult to introduce in a rural area (where the alternatives are less practical). A small number of respondents (including one campaign text) described the Abolition of Bridge Tolls (Scotland) Act 2007 as a mistake, and called for tolls to be reintroduced.

5.76 A few respondents made links between variable charging on private motoring and promoting the use of public transport. Some respondents advocated more investment in public transport generally, but also for subsidies to be provided to bus operators to purchase and operate "greener" vehicles. It was also argued that a subsidy could be extended if, for example, an electric bus was itself recharged using renewable sources. At a more direct level, one respondent suggested a subsidy to allow half fare on electric buses and another proposed that incentive schemes for the purchase of season tickets could be extended. One of the few examples provided of what a respondent considered to be a perverse incentive was a subsidy provided by the Scottish Government (and others) to low cost airlines opening up new routes.

Waste

5.77 A number of respondents (including one "campaign plus" response) identified ways they believed variable charges could be levied on both domestic and trade waste. Some advocated that local authorities should be allowed to charge households on the volume of waste produced, or the frequency of it being uplifted. Among the other suggestions made were:

• Ending free uplifts.
• Reducing the number of free uplifts.
• An additional charge for items which are non-recyclable.

5.78 It was also argued that business uplift charges are too low to encourage businesses to recycle, or address waste reduction measures. One respondent also suggested imposing penalties on businesses for not meeting waste reduction targets.

5.79 Concerns were, however, expressed about measures of this kind, suggesting that they may lead to increases in fly tipping. It was also proposed that the Scottish Government could work with the UK government to pressurise manufacturers to reduce packaging at source.

Homes

5.80 A small number of respondents made suggestions about using variable charging to reward homeowners with energy efficient homes through local taxation (or conversely that a charge should be levied on inefficient homes and businesses). One proposed varying council tax bands, another that stamp duty should be levied by the Government's Standard Assessment Procedure ( SAP) rating, rather than the price. A range of other suggestions were made, including:

• Providing rebates to those purchasing AAA white goods.
• Providing more assistance through local (and national) taxation to those seeking to install micro-generation capacity in the own home, or serving a group of homes.
• Developing a pilot carbon trading scheme for householders.
• Removing the fee for a building warrant on the basis of the application's impact on climate change.

Businesses

5.81 One respondent argued that CHP schemes should be exempt from business rates as an incentive to develop more schemes. Another respondent suggested that pipework related to CHP schemes is also subject to business rates and, similarly, that this should be removed.

5.82 It was also suggested that businesses should receive rebates on their rates depending on how many local people they employ in their business. A small number also advocated that businesses should receive rebates depending on their " green credentials". One respondent, however, questioned this, suggesting that it would be very difficult to develop any fair measures of "climate friendliness" which take account of the inherent nature of the product, and of the efforts made by the producer. One respondent argued that businesses which produce environmentally friendly products could be charged lower rates, and another that government schemes of support could be enhanced for those doing this.

Other issues

5.83 A small number of suggestions were also made about, for example, incentivising more gardening and allotment production. One respondent also proposed that businesses should receive a tax benefit for supporting local allotments, community gardens or similar.

5.84 In terms of taking these initiatives forward, a range of suggestions were made including that: the Scottish Government should seek expert advice; pilot projects should be set up; and existing incentives should be reviewed. It was also suggested that any implementation of variable charging should be scrutinised by an independent body, and that it should be independently evaluated.

5.85 As noted above, a small number of respondents (drawn from a variety of respondent types) were opposed to variable charging at a local level. A range of reasons were offered for this, including that:

• Existing provisions are adequate.
• The willingness of some local authorities to embrace this is unclear.
• It would have an unfair impact on small businesses, some of whom have few alternatives (for example, in modes of delivery of goods, or where they are restricted by leases).
• Unfair variations could be created between areas.

5.86 One respondent stated that variable charging should not be used unless it can be shown to be sufficiently beneficial to warrant the inequality created.

Adaptation

30. Are there any provisions to help Scotland adapt to the impacts of climate change which should be included in the Scottish Climate Change Bill?

5.87 The consultation document noted some of the issues relating to adapting to the impacts of climate change and identified that a Scottish Adaptation Strategy would address measures to tackle this (set out in Section 4 of the consultation document). This question focused on whether any provisions would be needed in the Bill to help Scotland adapt to the impacts of climate change ³³. It was addressed by 125 respondents, including half of all organisations, and around a quarter of individuals. Additionally, a number of respondents made relevant comments at other points which have been included here. Issues relating to this question arose in two of the events (although there was limited discussion of these) and in some campaign texts and "campaign plus" responses.

5.88 A small number of respondents suggested that adaptation should not be encompassed by the Bill. One respondent believed that adaptation provisions, if included in the Bill, should not come into effect until after 2020. A very small number of respondents proposed inserting a clause in the Bill to allow adaptation measures to be added at a later stage as these are identified. It was also suggested that the role of the independent advisory committee (see question 15) could be extended to include adaptation, for example through the addition of experts in this area. One respondent advocated that the English Local Government Performance Framework be considered as a suitable reference for work in this area, specifically NI 188 "Planning to Adapt to Climate Change".

5.89 Some respondents set out the general need for adaptation, as well as, in some cases, substantial evidence about the consequences for Scotland and elsewhere of climate change, and of failing to develop adaptation measures now. Children from an island-based primary school, for example, expressed a range of concerns about the impact of climate change on animals, as well as the impact of strong winds on their community ³⁴. Some respondents stated that the consultation document did not have enough focus on adaptation, while others took issue with some individual comments in the text ³⁵.

5.90 Some respondents expressed support for, and made suggestions relating to the proposed Scottish Climate Change Adaptation Strategy. As noted earlier, some respondents also suggested that there should be a requirement on public bodies to produce local adaptation strategies. A number proposed that the Climate Change Bill should contain an obligation to develop and implement such a strategy (either national or local), while others set out in detail what they believed it should contain. For example:

"[the respondent] believes that the Scottish Climate Change Bill should provide for the introduction of a Scottish adaptation strategy". [Details were then provided of what this should include.] ( NGO)

5.91 Others also pointed to the general need for a consistent and co-ordinated overall approach to work in this area. A number suggested that an action programme or plan be developed to take this forward, potentially with sectoral action plans, and that a reporting structure be put in place (e.g. with performance indicators).

5.92 It was argued that there was a need for a review of the potential impacts of climate change (for example, through the use of scenarios), and an assessment of what needs to be done. A small number of additional suggestions were made relating to measurement and data capture methods thought to require additional research. One respondent advocated carrying out a review of the economic opportunities which might arise for Scotland from investment in adaptation.

5.93 As was set out at question 24, several respondents also argued that a "sustainability" duty should be imposed on public bodies through the Bill, which, for some would include elements relating to biological diversity. One respondent proposed that local authority activities should be subject to a risk assessment in relation to potential climate change. Similarly, it was also suggested at question 27 that public bodies should have an obligation to report on their activities relating to adaptation (as well as mitigation).

5.94 Relating to this, it was argued that financial provision should be made to local authorities to take forward adaptation measures. More generally, some respondents indicated that both the adaptation measures contained within the Bill, and any measures set out in the proposed Adaptation Strategy (and Action Plan) should be adequately resourced. A small number of detailed suggestions were made about how this could be taken forward. One respondent stated that there should be a mechanism for central funding of adaptation measures outside the normal budgeting arrangements, to meet unforeseeable demands. In addition, it was suggested that resources should be made available for both a public information campaign, and to enable householders to take action to improve their energy efficiency.

5.95 A large number of respondents (including two of the campaigns), made specific additional comments to state that the actions taken, or the target, should be delivered in a way that does not cause further harm to the environment. For example:

"[the target] must be delivered in a way that does not cause further harm to the environment. … The Scottish Climate Change Bill must provide a strategy for adapting to climate change in a way that does not cause further harm to wildlife but works with nature to benefit biodiversity, the economy and local communities". (Campaign text)

5.96 A small number of respondents stated specifically that this should be part of a duty relating to furthering sustainable development (see question 24), or argued that the environment should be established as the first priority in policy making, before the economy. One stated, for example, that the Stern review suggested that if this was not done, the eventual economic costs would be far greater.

5.97 The need to protect and enhance wildlife, biodiversity and the landscapes of Scotland's cultural and natural heritage was also identified. Two campaign texts, as noted, stressed the need to ensure that action does not cause further harm to wildlife, and enhances wildlife. Some respondents also made a link between Scotland's environment, biodiversity and wildlife, and tourism. A small number of "campaign plus" responses also made specific suggestions about the need to protect habitats and provide support to wildlife.

5.98 A number of respondents, in addressing this question, illustrated the specific perceived tension between the development of renewable energy and the protection of the environment and / or wildlife, and the promotion of tourism. A small number identified opportunities for the natural environment, if managed sustainably, to help in reducing emissions and to provide a means of dealing with climate change. Benefits were also identified for local communities and for Scotland as a tourist destination (the importance of which was stressed by some respondents, with the suggestion that measures should not damage or deter tourism).

5.99 At a general level, it was suggested that the Bill could put in place a requirement for adaptation measures to be implemented at an early stage. At a more specific level, a wide range of suggestions were made about potential adaptation measures. These are summarised briefly in the paragraphs below. Prior to doing so, it is worth noting that a small number of respondents advocated that the Scottish Government should make a financial contribution to adaptation work in other countries.

5.100 Flooding was identified specifically by a significant minority of those who addressed this question. A number of measures relating to flooding were suggested for inclusion in the Climate Change Bill, including: the development a strategic plan, with targets; research into various issues, including the use of canals to take flood water; flood prevention, including measures to reduce water flow; the use of natural flood plains; measures to protect peatlands; controls on where development can take place; enhanced risk assessment; better integration between flood management and drainage; and a review of sea defences. Suggestions were made about improving the flow of information to householders in the event of the threat of flooding. Certain respondents argued that the Climate Change and Flooding and Flood Management Bills should be closely linked.

5.101 A range of views were also offered about land use and planning, for example, relating to the siting of new developments, but also to the protection or restoration of peatlands, wetlands, woodlands and forestry (as well as investment in these), protection of the coastline, the promotion of more local growing of food crops and the promotion and cultivation of more gardens, woodlands etc. to help protect indigenous plants and wildlife. In relation to planning, it was suggested that more needs to be done to raise the profile of climate change in planning policy and local decisions. It was also argued that, at a wider level, structural planning could also contribute to developing more sustainable urban settlements. A small number of respondents noted the need to recognise the importance of carbon sinks.

5.102 A number of other suggestions were made about protecting and promoting biodiversity, including that this should be an underlying principle of any policy or legislation and that there should be better resources and increased efforts for such work. It was also suggested that investment should be made in protected habitats and restoring damaged habitats, and greater protection should be given to, for example, the marine environment. One respondent stated that climate change needs to be integrated into biodiversity management plans. As noted, a number of respondents also identified specific issues relating to wildlife, either in general terms, or about specific species, and the need for protection, as well as investment in habitats and conservation measures. A national strategy, and species action plans were also proposed.

5.103 A range of issues were raised about building and materials. Among these were: the need to carry out an assessment of the extent to which current building standards are adequate in the light of expected increases in wind strength; the inclusion of measures to support sustainable construction; and amendments to building standards. Suggestions were also made about educating householders about issues such as thermal efficiency, and the promotion of measures to improve the take-up of house improvements and other approaches, such as rainwater harvesting. Finally in terms of this issue, one respondent suggested that more focus was required on measures to help protect the historic built environment from climate change (as well as having more investment in maintenance etc.).

5.104 Suggestions were also made related to energy ³⁶, encompassing both a view that the Scottish Government should reconsider its stance on nuclear power (and remove support from oil exploration and coal mining) and provide incentives to householders to install microrenewables. Most of the suggestions made related to investment in renewable capacity, although a small number of respondents also suggested placing limits on the use of both oil and coal. It was also argued that the Scottish Government should give clear policy direction about biomass and biofuels, and address some wider issues relating to deforestation and displacement of food crops. A number of suggestions were also made about the perceived need to support CHP schemes as a way of capturing heat which would otherwise be lost to the atmosphere. It was noted that, at present, although there are many plants producing heat, there is little market for this among private or social housing providers, and this market could be stimulated.

5.105 A small number of additional issues were also raised, including that:

• Scotland should plan for increasing levels of climate change "refugees", displaced from their own countries.
• Support should be provided for adaptation in developing countries, with any funding being additional.
• There should be more focus on recycling initiatives, particularly targeting the business sector.
• Businesses could be incentivised to provide more tied housing, to limit commuting times.
• Training could be provided to workers to help to address climate change issues as part of their jobs.
• As mentioned earlier, an environmental impact statement should accompany any new policy proposal.

One respondent suggested a need for the debate about protecting the environment to move beyond recycling and plastic bag charges to focus on societal values and priorities and the impact of these.

Environmental Assessment (Scotland) Act

31. Should provisions within the Environmental Assessment (Scotland) Act 2005, be amended in order to provide clearer links with emissions reduction? If so, how should this be done?

5.106 The question of whether any amendments were required to the Environmental Assessment (Scotland) Act 2005 to provide clearer links with emissions reductions was addressed by 89 respondents, including around 40% of organisational respondents, but fewer than 15% of individuals. This question was not discussed specifically at any of the events.

5.107 Overall, those addressing this question were about three time as likely to support amendments to the Act than not, although the level of support among local authorities was lower (just over half). A number of those who supported amendment did not suggest what amendments were required. Others suggested simply that the Act should be reviewed and any necessary changes made. Another respondent stipulated that the proposed independent advisory body (see question 15) should provide advice on how best to approach this.

5.108 A number of issues with the current legislation were identified, with suggestions that: it does not address climate change rigorously enough; it does not specifically include greenhouse gases in its consideration of climatic factors; it is not clear about what constitutes "significant" effects on the environment; and there is no framework of enforcement.

5.109 A number of amendments and other changes were suggested by respondents of different types (including one campaign text) and these are set out in the bullet points below, namely that:

• Greater clarity is required of which plans should be subject to SEA assessment, and greater scrutiny of these decisions to ensure that all plans relevant to climate change are assessed.
• Assessments should report on all activities likely to cause GHG emissions (with these being made specific).
• Assessments should be required to quantify emissions.
• Where any plan is likely to lead to increased emissions, there should be a clear statement of why this is considered acceptable. Plans with significant impact could be called in by the Scottish Government, or should be referred to the relevant Minister for approval.
• Where a plan, programme or strategy is approved, despite a significant increase in emissions, the Minister should be required to make a report to Parliament explaining this.
• There should be closer links between the Act and emissions reductions (with careful consideration of how this is done).
• References to climate change should be clearer, and broad enough to encompass the necessary issues.
• More clarity is required on the balance between investments relating to mitigation and negative local impacts.
• Climate change should be an explicit element of the reporting mechanism.
• The ability to reject plans, programmes or strategies where assessment has identified a likely significant climate change impact should be strengthened.
• The SEA Gateway should be strengthened, with greater consistency between SEPA and SNH, including combined monitoring, data management and coordination. Other respondents suggested that both SEPA and SNH's roles should be strengthened. It was also considered that, in order to assess climate change issues adequately, it may be necessary to provide more bodies with the power to assess SEA reports.
• More weighting should be given to low carbon technologies.

5.110 As set out at questions 25 and 26, a small number of local authorities identified that further guidance was required about how assessments should be carried out taking account of climate change issues. A number also suggested that the SEA Toolkit required updating and amendment.

5.111 Among those who believed that amendment was not required, the most common view expressed was that the current legislation, and its reference to climatic factors, is adequate. For example:

"The Environmental Assessment (Scotland) Act 2005 appears presently to be fit for purpose. It would be better to leave any amendments to the Act to a later time". (Academic and Research institution)

5.112 Others were unsure whether a change in legislation would be required, or considered that changes in guidance and the Toolkit may be adequate. One respondent suggested that this route should be preferred, as it would lead to quicker action than if specific amendments were required to the legislation. Another proposed amending the guidance and Toolkit, and assessing this after a period of time.

5.113 One respondent expressed a concern that increasing requirements for assessment would create resource issues for local authorities, and may require additional funding (as has arisen in relation to other issues). Another respondent noted that expertise and skills would also be required.

Equality implications

32. What are the equalities implications of the measures in the proposals for the Scottish Climate Change Bill?

5.114 Relatively few respondents addressed this question in detail, and it was not discussed specifically at any of the events. Among those providing views, the most common were broad statements about the importance of equality issues in relation to climate change, and particularly its impact on people in developing countries. It was argued that climate change is already adding to global inequalities. For example:

"We already know that climate change is compounding existing global inequalities. Poverty increases people's exposure to the adverse effects of climate change, and poor communities are the most vulnerable, even though they have minimal responsibility for creating the problem." ( NGO)

5.115 A number of respondents argued that climate change is a moral issue, and set out Scotland's responsibilities relating to this. Some specifically indicated that social or environmental justice should be a key strand of the approach set out in the Bill, one suggesting that the equality implications should be stated explicitly in the Bill. Others suggested that equality should be a strand of assessments relating to wider climate change issues, while some also referred to the Equality Impact Assessment being carried out as part of the development of the Bill.

5.116 In terms of the groups most affected, the most common suggestions related to people living in poverty, both in developing countries and in Scotland. Some also mentioned those groups which would be covered by a public sector equality duty ³⁷, as well as people vulnerable to ill-health and those with caring responsibilities. It was noted that SNIFFER is currently managing a research project assessing the social impacts of climate change ³⁸.

5.117 As noted above, in one form or another, poverty was identified most commonly by respondents in relation to equality issues. As well as current impacts, a number suggested that it seemed likely (or inevitable) that poorer people would be most affected by future measures to address climate change (particularly those involving either increased taxes, or increased costs, for example for food or motoring). One respondent argued that this was unjust, as poorer people also tend to be responsible for lower levels of emissions.

5.118 A specific issue raised relating to Scotland was fuel poverty, with the suggestion that poorer people here are more likely to be vulnerable to this, should energy costs rise either as a result of climate change or through measures to address this. For example:

"One of the key equalities implications of the Bill is likely to be on levels of fuel poverty in Scotland. Clearly some actions designed to tackle climate change (in particular the installation of energy efficiency measures) will also help to tackle fuel poverty. However, other measures could, in theory, result in higher bills for consumers and as such increase the number of those living in fuel poverty in Scotland. It is important that these issues are given detailed consideration". ( NGO)

5.119 This impact of rising costs was also highlighted for disabled people and older people. One respondent expressed a particular concern that fiscal measures designed to bring about changes in behaviour can impact most directly on poorer people, even where the impact on those who are better off is marginal.

5.120 A small number of points were raised about housing, again in the wider context of poverty. It was suggested that poorer people are less likely to be able to afford measures to address the energy efficiency of their homes, and this should be taken into account should any differential charging schemes be introduced. It was also mentioned that poorer people may be more vulnerable in areas at risk of flooding.

5.121 One issue raised particularly in relation to disabled people was the need for better and more accessible public transport. It was argued that this could help reduce the number of journeys undertaken using personal transport. It was also noted that measures to discourage car use may have a disproportionate impact on disabled people, who may have few viable alternatives.

5.122 Although relevant to other groups, it was also identified that climate change, and the impacts of this, may have an effect on people prone to ill-health (with older people, babies and children mentioned specifically in this context). It was also suggested that flooding may have wider, long term consequences for public health, including mental health. In terms of gender, the comments made tended to relate to the disproportionate impacts women face in developing countries. A small number of additional points relating to equality issues were made, which are summarised below:

• Increasing public transport use may have the effect of bringing communities closer together, and may help to reduce crime.
• The differential impacts both of climate change and measures to address it in rural areas should be considered.

5.123 Some respondents advocated the need to promote equality, or gave examples of ways to do this. Most of these were very general, relating, for example, to providing direct assistance, or taking steps to minimise the financial impact of measures. The most common suggestion, however, was more direct, and was that the Scottish Government (and, by extension, the UK Government) should take steps to reduce poverty, and to address its consequences, such as fuel poverty.

5.124 Some respondents (including one campaign text) believed either that there were no equalities issues raised by the document or that these were, or should be, secondary to consideration of climate change. One suggested that if there were any negative implications, climate change should over-ride these. Another respondent, however, argued that a failure to address climate change would make inequality worse.

Amendment of existing legislation

33. Is there any existing legislation within the competence of the Scottish Parliament (devolved) which needs to be amended so that appropriate action on climate change can be taken by sectors in society?

5.125 Respondents from all sectors (including participants at all of the events) provided views about what they considered needs to be done, both in overall legislation, regulation and taxation, and in specific areas ³⁹.

Overall legislation, regulation and taxation

5.126 As with other questions of this type in the consultation document, there were a number of respondents who indicated that legislation required amendment, but who did not specify which. As one noted:

"Doubtless there are many other pieces of legislation which will require to be amended" . (Trade and Professional organisation)

Some also identified that this could also apply to UK and EU legislation. A small number of respondents offered to meet with the Scottish Government to identify necessary changes and how these could be brought about.

5.127 As was the case at various points in the consultation document, a small number of respondents sought clarification of the competence of the Scottish Government in relation to climate change generally, and in the relationship between Scottish legislation and the UK Bill. At a wider level, a number of respondents, as well as participants at three of the events, stated that the current legislative and regulatory framework is fragmented and may not be adequately positioned to address climate change. It was suggested that an overall review of the legislative framework was required. For example:

"The Scottish Government should review all existing legislation to ensure it not only takes account of climate change but seeks to make a positive contribution to the goal of an 80% reduction". ( NGO)

5.128 One respondent proposed the establishment of a "Scottish Climate Change Regulatory Review Commission", which could identify provisions which are inadequate, contradictory or outdated. Another advocated carrying out an environmental impact assessment of the legislation and policy. At a basic level, it was suggested that the terminology in much of the existing legislation should be reviewed, and be brought up to date in relation to climate change.

5.129 A small number of respondents, while suggesting pieces of legislation requiring change, did not make clear what they felt specifically required amendment, including in the:

• Local Government in Scotland Act 2003.
• Planning etc. (Scotland) Act 2006.
• Environmental Assessment (Scotland) Act 2005.
• "Biodiversity Scotland Act" (which is assumed to be the Nature Conservation (Scotland) Act 2004).

5.130 In some cases, respondents made general statements about policies which, in their view, required amendment, including, for example, "national waste policy" and policies on "population growth". Some concerns were also expressed about what some respondents saw as a reluctance either to implement, or enforce current legislation, with examples including:

• Not implementing fully the "Waste Packaging Act" (assumed to be the Producer Responsibility Obligations [Packaging Waste] Regulations 2005) in relation to supermarket chains.
• Failing to address climate change in Best Value reviews.
• Not picking up the Energy Efficiency and Micro-generation Bill introduced by Sarah Boyack MSP.
• A reluctance on the part of local authorities to implement SPP6 ⁴⁰.

5.131 A number of respondents also suggested that the Scottish Government has not responded to recommendations made elsewhere, for example, relating to implementing a renewable heat strategy and staged increases in energy standards for new buildings. More generally, concern was expressed by some respondents and event participants that Scottish Government strategies which may have some impact on climate change (for example, those relating to agriculture, forestry and biomass) do not necessarily relate to each other. As with the legislative framework, it was proposed that a review should be undertaken of relevant strategies.

5.132 Many respondents (including some "campaign plus" responses) made suggestions about the need for incentives, some of which may require legislation ⁴¹. The broad view expressed was that neither businesses nor individuals are likely to change their behaviour (or at least in significant numbers) in the absence of incentives, and that these should, therefore, be seen as integral to any approach taken in the Bill. It was also suggested that public bodies may also require incentives. A number of respondents also argued that incentives should be tied to regulation. A review of incentives was also proposed by a small number of respondents, with the current approach seen as fragmented and confusing, and in some cases (such as enhanced capital allowances) not going far enough. Some also criticised the use of "challenge funds". Very few respondents specifically rejected incentives, with one suggesting that high energy costs render these unnecessary at present.

5.133 A number of respondents made suggestions about taxation, some of which have been covered at other points in this report. Although it was recognised that taxation is a reserved matter, one stipulated that taxes should be hypothecated towards environmental measures. Other respondents suggested a "carbon tax" in various forms. One respondent argued that parking spaces should be regarded as a benefit for income tax purposes and others that differential rates of VAT could be applied, depending on energy efficiency or the impact of a product on climate change.

5.134 One respondent stated that, as some of the measures likely to be proposed in the Bill may be unpopular, all-party consensus should be sought wherever possible to demonstrate the need for these measures.

5.135 One respondent (from amongst the academic and research institutions) advocated that the current approach taken by the Scottish Government and others to commissioning research on climate change should be amended, and that research establishments should not be required to bid on a competitive tendering (or speculative) basis.

5.136 Some event participants, as well as some other respondents, suggested caution in amending legislation. Concerns related to issues such as the uncertainty this creates, and the cost of the changes which may be required. It was also argued that there is danger of unnecessary duplication (as well creating legislation or regulation which is considered unnecessary).

5.137 A small number of respondents specifically suggested that amendments to existing legislation were not required. Among the reasons offered in support of this view were that this would be premature and that existing legislation is adequate. As with other questions, a number of respondents reserved their view, and considered that the Scottish Government should seek advice from an independent body on these issues (see question 15).

5.138 A small number of other, related points were made about the need for regulation to be fair and even handed, and for the costs of compliance with legislation to be reasonable. As set out in Section 2, a number of concerns were also expressed about legislation which has the practical effect of double regulation when taken alongside UK or EU legislation, and of the need for Scottish and UK legislation to be consistent, to prevent difficulties for companies operating in both areas. Concerns were also expressed here, as at the questions on targets, about the need for Scottish companies to operate on a level playing field with those elsewhere.

5.139 A range of suggestions were also made about helping both businesses and the public sector better understand and utilise accounting techniques which take account of climate change issues. In relation to the private sector specifically, it was suggested that the Scottish Government and others could do more to help embed alternative ways of considering both the costs and benefits of investment, with a view to moving businesses away from a traditional pay-back model.

New technology

5.140 Some respondents made cross-cutting points about new technology. It was recognised that the identification and adoption of new technology is one of the routes to achieving the 80% target, and a number of respondents identified the need for pump-priming funding for research, government-sponsored education campaigns, and incentives for early adoption. A number of respondents also proposed the development of a range of pilot projects, as well as exemplar or demonstration projects. One respondent suggested that an ideal would be that "clean" technology should never cost more than "non-clean".

Agriculture and fishing

5.141 A small number of suggestions were made about agriculture, particularly relating to encouraging land uses which maximise the contribution of the sector to reducing emissions. It was also argued that more research is required to address how to reduce the level of methane produced by livestock, and how the production of biofuels will fit into Scottish farming systems. One "campaign plus" response stated that there was a need to ban over-fishing in deep sea waters.

Planning and environment

5.142 Many respondents of a range of types identified a need for changes to planning policy and legislation. A number suggested that there was a need for a review of planning law, including National Planning Policy Guidelines ( NPPGs), EU regulations and directives in relation to climate change. Another respondent proposed an overall land use strategy for Scotland. In various ways, a number of respondents stipulated that climate change should be central to planning.

5.143 One concern raised by a number of respondents (including both business and industry and trade and professional organisation respondents, as well as participants at three of the events) was about delays in the planning system, particularly, for some, relating to renewable energy developments. While these comments related mostly to larger scale developments, it was also suggested that there may be delays for applications by individuals. A small number of respondents stated that any developments relating to renewable energy should be fast-tracked in the planning process.

5.144 It was also argued (as set out at question 30) that there remain issues about the relative balance of renewable energy and land management / conservation in planning matters. Some expressed a view that current decisions appeared more likely to go against developing installations, and that there was a need for changes either to legislation or guidance to clarify the considerations.

5.145 A concern was raised at the event hosted by COSLA about the relative weight given to environmental designations in planning decisions and the impact the interpretation of these may have on, for example, renewable energy production. Other participants, as well as a small number of other respondents, also believed that, in their view, developers of hydro-electric schemes face particular difficulties in the planning process.

5.146 It was suggested that recent changes to the National Planning Framework, recognising some developments as nationally significant infrastructural projects, only affect a small number of very large projects, and that the thresholds for central consideration of such developments should be lowered.

5.147 Some participants at the event hosted by the Scottish Government expressed concern that taking planning decisions at a local level makes securing consent more difficult (although not all agreed with this, and some participants at the event hosted by COSLA believed that more decisions should be handed back to elected members). One respondent suggested that the planning system seems to be working "against the strategic objectives of the Scottish economy".

5.148 Respondents made a range of other suggestions about specific aspects of planning law or policy which they would wish to see amended. Among these were to:

• Require local authorities to take account of climate change in all planning application decisions. One respondent suggested that The Planning Etc. (Scotland) Act 2006 should be amended so that the sustainable development duty applies to planning decisions, not just plan preparation.
• Require applicants to prepare a sustainability statement to support planning applications.
• Make it more difficult to get approval for developments which do not contribute positively to climate change.
• Look "more favourably" on developments which bring environmental benefits.
• Amend planning regulations to provide more support to businesses wishing to develop district heating schemes (as noted below).
• Charge fees on the basis of the climate impact of the application (although it was also argued that full cost recovery, rather than scale fees, should be used).
• Make it easier for land to be designated and acquired for allotments, helping to ease the very long waiting lists in some areas. It was also suggested that a measure could be included in the Bill to prevent re-designation of current allotments to any other use without the permission of the First Minister, or without giving two years' notice.
• Make it easier for people to walk to work (and amend the Planning etc. (Scotland) Act 2006 to clarify measures designed to reduce the need to travel).
• Have a presumption in favour of brownfield sites, sites that are medium or high density and close to transport routes.
• Protect tourist areas from visual intrusion.
• Review the guidance on applications for domestic microrenewable installations, which were considered not to be adequate.
• Place an obligation on the purchaser of any assets or buildings from the public sector to develop these in a sustainable way.

5.149 Concerns were also expressed by a small number of respondents about the implementation of planning policy. One, for example, cited policies relating to promoting sustainable transportation for coal, where neither the mining operator nor transport contractor is controlled by the planning authority.

5.150 A further broad area in which a range of suggestions were made was environmental issues such as flooding and air quality ⁴². As set out earlier, a view was expressed by a number of respondents that the forthcoming bills relating to flooding and climate change should be closely linked. In terms of flooding, it was suggested that the Scottish Government should undertake a review of relevant legislation to ensure that measures to address flood risk are maximised. It was also advocated that legislation relating to flooding should be streamlined.

5.151 As will be set out later in relation to waste, a number of respondents made suggestions which, if taken forward, would impact on air quality (such as relaxing the regulations governing wood burning boilers). In anticipation of this, a small number of respondents suggested that the Bill should take account of this, and of any amendments made to, for example, the Air Quality Strategy, and other associated policies.

5.152 Among the other environment-related suggestions made were to:

• Consider measures to protect soils from further degradation and carbon dioxide losses.
• Carry out research to understand the interface between soils and the atmosphere, and soils for carbon sinks and carbon sequestration.
• Ensure that Indicative Forestry Strategies contain information on their effect on emissions.
• In relation to forestry, consider the balance between the capture of carbon, and its potential to replace oil and coal as a primary heat source in rural areas.
• Find ways of encouraging large scale tree planting.
• Transpose and apply Articles 10 and 12 of the Habitats Directive (which relate to the management of features of the landscape of major importance to wild fauna and flora, and to the protection of species).
• Ensure that the Climate Change Bill has a presumption in favour of conservation.
• Include reference to minimising greenhouse gas emissions within Site of Special Scientific Interest ( SSSI) Site Management Statements.
• Explore natural ways of managing sewage which require less energy.

5.153 One respondent suggested that Integrated Pollution Prevention and Control ( IPPC) legislation and regulations may need to be amended, and another that the Scottish Government should seek a review of long-standing EU Environmental Directives which may not take account of climate change. Another respondent argued that a review was required to establish clear cost/benefit tests to be applied to regulatory impact assessments, taking account of both quality gains and emissions. It was also suggested by two respondents that the Water Environment and Water Services (Scotland) Act 2003 requires amendment to allow for consideration of climate change factors including carbon and sustainability. Some respondents also made specific comments about the operation of Scottish Water.

5.154 A number of respondents made detailed submissions about the issue of muirburn ⁴³, and the appropriateness of the dates during which this is permitted, as set out in the Hill Farming Act 1946. The view of these respondents was that the Bill should address this issue through amendment of the 1946 Act, either by enabling a future change to the dates to be made when a consensus is reached, or by permitting temporary suspension of the rights in the interests of environmental protection.

Transport

5.155 Transport was a further area of policy and legislation where many suggestions for change were made. At a general level, a number of respondents suggested that transport was not given sufficient emphasis within the consultation document in terms of aviation and shipping, other transport modes or wider transport issues. The importance of transport generally, and to rural areas in particular was emphasised. It was proposed by one respondent that all new transport legislation should have a carbon emissions requirement and should be approved only if leads to an overall reduction in emissions.

5.156 A number of other issues were raised about public transport policy or legislation which, in the view of respondents (including participants at events) require amendment. Some of these related to the control of public transport, including for example that:

• Unregulated bus markets make it difficult to address the level of emissions.
• More control of public transport should be returned to local authorities and the Scottish Government.
• The number of companies involved makes it difficult and expensive to complete multi-modal journeys.

5.157 As noted earlier, a number of respondents stated specifically that tolls on Scotland's bridges should be reintroduced. Similarly, it was also suggested that recent announcements about road and bridge building were also contrary to the objective of addressing climate change. It was also argued that there is insufficient integration between transport and other planning matters. A number of respondents suggested that the Transport (Scotland) Act 2004 should be amended to permit road user charging. It was also stipulated by one respondent that the Bill should include provisions for Scottish fuel economy standards for the transport sector.

5.158 At a general level, a significant number of respondents (including some "campaign plus" responses) considered that more should be done to promote public transport, and to discourage private car use, as well as encouraging walking and cycling. Suggestions were also made about ways of moving passengers from a reliance on air travel to other modes, primarily rail. One respondent stated that more focus was required on water-based public transport, although it was acknowledged that the opportunities for this may be limited. One "campaign plus" response suggested the need for more investment in rail infrastructure, while another advocated a TGV-style link between Scotland and both Manchester and London. At a more basic level, as set out earlier, some respondents suggested that further expansion of both air routes and airports be ended. Some suggestions were also made about moving goods from the road onto rail (and also, in one case, onto the water).

5.159 A range of other suggestions were made about transport, some of which were seen potentially to require legislation (whether by the Scottish or UK Parliament). Suggestions relating to aviation, and suggestions about the impact of variable charging, for example on private motoring, road fund duty and parking have already been covered in previous questions. Other suggestions included, for example:

• Additional support for hybrid vehicles.
• Setting targets for manufacturers relating to fuel efficiency.
• Additional support for measures such as, for example, electric cars.
• More support for local quality-based transport partnerships between the public and private sectors.
• Consideration of the total number of miles a vehicle travels (and hence total annual emissions) in considering its eligibility for exemption, level of road tax etc. It was suggested that this would aid disabled people and older people who drive few miles, but do so in vehicles which may have high levels of basic emissions (such as motor homes).
• Including issues relating to "ecological driving" in the current driving test.
• Developing more greenways (and similar schemes).
• Further developing cycle paths, cycle lanes and footpaths.
• Improving the standard of carriage of bicycles on trains.
• Developing canal towpaths.
• Encouraging car sharing and car clubs.
• Imposing a ban on parents dropping children off at school gates.
• Reducing national speed limits.
• Greater enforcement of speed limits.
• Requiring larger businesses to produce travel plans.
• Subsidies for rural petrol stations, in order that drivers do not have to go so far to fill up.

Waste

5.160 Many comments were also made relating to waste policy and legislation. Some respondents referred to recent Scottish Government announcements on "Zero Waste" ⁴⁴, and noted that this should be accompanied by a wide-ranging review of all legislation relating to waste. It was suggested that one outcome could be a consolidation of existing legislation.

5.161 A range of actions were advocated by respondents in relation to waste, including that there should be:

• More flexibility for SEPA's interpretation of regulations (raised by participants at the event hosted by Scottish Enterprise). Its current approach was described as "draconian and inflexible", although it was recognised that it currently has no scope to be flexible.
• An increased focus on efforts to address private sector waste, particularly the prevention of waste at source.
• Allowing local authorities scope to provide rebates to individual households or businesses reducing their climate impact.
• A focus on reducing the level of packaging (which may require work with other governments and the EU), as well as specific measures, such as banning plastic carrier bags or placing a refundable deposit on items of packaging. One "campaign plus" response suggested making manufacturers responsible for recycling the packaging of their products.
• A requirement for waste management plans to be submitted with planning applications, as well as a requirement for waste to be considered as part of planning applications.
• Changes to policy to make it easier to undertake recycling and re-use projects by groups of unconnected companies.
• An easing of the administrative burden for companies in relation to disposal of their waste.
• Support for companies to burn waste as fuel in preference, for example, to crops grown as biofuel.
• Changes to permit small businesses to use civic amenity sites (free, or without punitive cost) as a means of encouraging recycling.
• More general changes to make it easier for companies to recycle, for example, cardboard and paper.
• A progressive ban on the use of landfill for particular categories of waste.
• Greater support for centralised composting.
• A scheme to provide an internet connection for every citizen as a way of reducing paper waste.

5.162 A number of waste issues were also raised about which either greater clarity, or specific changes were requested, including the following:

• A clearer definition of what constitutes "waste", and the introduction of some flexibility in when "waste" products (as by-products of industrial processes) can be used by other unconnected companies.
• A reassessment of the definition (or interpretation of the definition) of some waste products to allow these to be used as fuel, for example, in the whisky industry. It was suggested that a more holistic approach to the definition of "waste" is required.
• Changes to the Clean Air Act 1993 to make it easier to install wood burning boilers, which could be fed by by-products (currently designated as waste) from other industrial processes. It was also stated by one respondent that the number of exempt stoves should be increased. (However, this was not supported by other respondents, one of whom specifically suggested that changes to air quality standards and smoke control areas should not be permitted.)
• Changes to the European waste incineration directive (described by one respondent as a "thorn in the side of companies") although no specific details were given.
• Changes to the regulations on the maximum size of energy from waste plants, currently seen as a disincentive to invest.
• A more transparent view on "proximity" which, it was suggested, would also help in the planning of waste infrastructure.
• Measures to reduce the demand for water, which would also have an impact on demand for the disposal of waste water.

Energy

5.163 Many comments were also focused on energy policy and legislation. A small number of respondents suggested that more progress should be made in relation to carbon storage through, for example, research and demonstration projects. A number of respondents stipulated that energy, and particularly the need for energy savings, should be central to the Bill. A small number of respondents also highlighted the importance of these activities in the light of what they saw as some uncertainty in the supply situation. A small number of respondents were critical of the consultation document for what they saw as a lack of explicit consideration of biofuels.

5.164 One respondent proposed that energy policy should become a wholly devolved matter, although it was also noted that some aspects of this are currently being transferred. A small number of respondents suggested the need to amend legislation which is not within the competence of the Scottish Parliament, but which was relevant to climate change. For example, one respondent believed that the 28 day rule (which allows customers to switch energy supplier giving 28 days notice) acts as a disincentive to investment in renewable energy schemes, and should be removed by the UK government. Also related to electricity supply, it was argued that a graduated domestic tariff could help to bring about a reduction in demand. One respondent advocated the reinstatement of the Centre for Ecology and Hydrology research station in Banchory.

5.165 Although, in terms of renewable energy, wind was discussed most often, a small number of respondents also suggested that more work should be done relating to tidal sources (with a suggestion that there should be more emphasis on this in the Bill). It was also argued that there should be more support from the Scottish Government to energy companies to invest in wave and tidal power, and for the development of a sub-sea cable. A small number of respondents (including children from one primary school) also identified the potential for solar power. It was also considered that there could be potential for small scale hydro schemes, even to the extent of recreating traditional farm or mill pond-fed schemes for individual farms.

5.166 A number of suggestions were made about the operation of the Renewables Obligation process, including an expansion to include community-based CHP or biomass schemes, and the placing of a form of obligation on the Scottish Government to source a minimum level of its own power demand from renewable sources. It was also suggested that a "renewable heat" obligation could be created. It was argued that this could bring about "very significant carbon benefits". A number of respondents made comments about the general importance of heat in the context of the Bill. Among the points made was a view that renewable heat could become an important means of disposing of waste, although it was noted that planning consents in urban areas (where the volumes of waste are highest) may be problematic.

5.167 One respondent proposed carbon rationing, effectively a system of personal carbon allowances, which, it was argued would make householders better understand, and value their energy use.

5.168 A range of suggestions were made about microgeneration. While there were some mixed views, it was suggested that more support should be give to householders to install wind turbines, although others advocated alternatives, such as CHP as being preferable. As noted earlier, some respondents also stipulated that the provisions of the Energy Efficiency and Micro-generation Bill should be incorporated into the Climate Change Bill.

5.169 A number of respondents expressed support for the development of microgeneration installations at a local level. One respondent proposed reducing the barriers such installations face in planning, but another argued that this may encourage people to use this in preference to CHP which, in their view, would be better suited to urban locations. Overall, a small number of respondents expressed caution about microgeneration. It was suggested by one respondent that research was required to ascertain whether the issues posed by a large number of small installations were, in fact, less than those created by a single power station of the same capacity.

5.170 One respondent supported the development of community energy through an Energy Services Company model. It was argued that this could play a significant role in reducing household carbon emissions.

5.171 A range of respondents expressed support for CHP, giving examples of installations in some areas, and suggesting that the Scottish Government should provide more support for this. It was argued that, with the rate of new build developments, this would be an ideal period in which to embed CHP schemes as the preferred approach. It was also suggested that the Scottish Government should look at ways of encouraging private sector power supply companies to adopt this as an approach, rather than large centralised generating stations. It was also stated that more sup