The Scottish Government

Chapter 1

Partnership between SNH and the Scottish Executive

Recommendations

1.1 The SNH Management Statement should be reviewed and where necessary brought up to date.

1.2 Awareness of the Management Statement by staff of both bodies should be enhanced so that the relationship is more widely and better understood and so that the Statement better fulfils its function as a tool guiding key aspects of the SE/SNH relationship. Consideration could be given to developing its style towards that of a practical memorandum of understanding between sponsor and public body in order to foster positive and innovative partnership.

1.3 Regular formal general review meetings between sponsor team and SNH managers (and other participants as appropriate) should continue. A quarterly frequency is suggested.

1.4 SNH's Corporate Strategy should, alongside its Corporate Plan and annual key targets be formally agreed and actively supported and promoted by the Scottish Executive. This understanding and process to be incorporated into the Management Statement.

1.5 Stronger links should be developed between the ERAD Departmental Management Board and SNH, preferably through a standing invitation of attendance by SNH's Chief Executive.

1.6 Provision for the introduction of new areas of work to SNH's remit to be included in the Management Statement.

1.7 Annual key performance targets, set for SNH by the Scottish Executive, should be few in number, outcome based and representative of the full scope of SNH's responsibilities.

1.8 The Scottish Executive should make more use of SNH, encouraging it to take a higher profile in both initiating and contributing to work in policy areas relevant to its remit.

1.9 The level of detail to be included in SNH submissions to the Scottish Executive (sponsor team) for approval of financial or other proposals and required under the terms of the Financial Memorandum should be jointly reviewed with the objective of issuing guidance to allow a lighter touch to reporting and control procedures.

1.10 The particular implications of the SNH HQ relocation to Inverness on its business continuity and staffing arrangements should continue to be recognised and supported by the Scottish Executive such that the process of change can be achieved as expeditiously as possible.

1.11 Opportunities for staff interchange, to or from as wide a range of departments as possible, should continue to be actively supported as a means of enhancing skills and experience and developing shared understanding of policy and procedure.

1.12 There should be a formal annual meeting between the Scottish Minister and Board and senior staff of SNH at an appropriate time in the corporate planning cycle. Other less formal meetings to review particular topics or policy should also be arranged as the need arises.

1.13 There should be informal sharing of relevant Scottish Executive and SNH annual unit business plans, aiding understanding, joint working and opportunities for synergies.

1.14 The Wildlife & Habitats Division/SNH protocol should be promulgated and formally implemented. Consideration should be given to similar arrangements between other parts of the Executive and SNH if appropriate.

1.15 Senior SNH and SEERAD staff should confirm an overall project plan for their work on the Scottish Biodiversity Strategy (whether policy, advice or implementation) which clearly identifies lead responsibilities and avoids duplication, or apparent duplication, of effort or activity (e.g. in respect of grant schemes).

1.16 Measures should be taken to raise stakeholders' awareness of Ministers' commitment to European conservation priorities and of SNH's role (alongside that of other departments, relevant authorities and competent bodies) to support the Scottish Executive's delivery of them.

1.17 There should be a review of respective SNH and SEERAD roles relating to species protection (including licensing and management) to ensure these are clear, if necessary proposing modification to simplify or clarify them.

1.18 There should be regular recorded liaison between SEERAD ecological adviser and SNH Science & Advisory Services to ensure complementarily of approach and of research proposals and programmes.

1.19 The sponsorship team, with SNH, should draw up a programme for raising awareness of SNH's remit and functions across the departments of the Scottish Executive and of the values and benefits of the natural heritage to many government agendas.

Response

The recommendations are accepted in full except for:

Ø 1.5 where ERAD DMB will establish arrangements for involving NDPB Chief Executives within the programme of meetings on a regular (probably quarterly) basis;

Ø 1.6 where the Management Statement will be amended to include any major new areas of work but with an expectation that SNH will also develop increased flexibility to accommodate unforeseen additional short-term tasks which contribute to the effective delivery of national heritage policy.

Recommendation 1.3 has already been implemented.

Recommendation 1.18 should also include participation by the Chief Scientific Adviser.

Action

Priority [i]

Timescale

A1

Revise Management Statement & Financial Memorandum

H

<6mths

A2

Revised business planning process

H

<6mths

A3

Project plan for Biodiversity Strategy

H

<6mths

A4

Proactive communications strategy

H

<6mths

A5

Increase staff interchange

M

6-12mths

A6

Awareness raising programme in SE

M

<6mths

A7

Review of species licensing

M

6-12mths

A8

Introduce joint training of SNH & SE staff

L

>12mths

Chapter 2

Integration of Environmental Policy and Delivery

Recommendations

2.1 The Scottish Executive should lead and continue development of more integrated and co-ordinated delivery of rural and related policy throughout Scotland, drawing on the contributions of its own Departments, agencies, NDPBs and external stakeholders in order to achieve clearly visible benefits for both service providers and recipients.

2.2 The approach should not be confined to Scottish Executive departments and bodies but should encompass, where appropriate, Local Authorities and other regional and local partnerships.

2.3 SNH has an important part to play in developing and delivering this agenda. It should continue to be involved at all levels, leading on relevant elements of the programme and aspects of local implementation as appropriate.

2.4 The Scottish Executive Environment & Rural Affairs Department should establish a forum (consisting of Senior Management and Chairs) with the objective of determining and ensuring implementation of measures to achieve integrated and efficient practice in the delivery of all rural and green space policy and practice in Scotland.

2.5 A key function of this forum will be to determine, with the public bodies involved, the distribution of lead responsibilities for the provision and sharing of business and technical support services among the relevant bodies.

2.6 A series of regional project teams comprising representatives from key bodies and their customers should be established, with the objective of both feeding in ideas and in tailoring and delivering agreed measures on the ground.

2.7 SEERAD should lead a strategic review of the distribution, size, tenure and functions of all local offices run by itself and its agencies and NDPBs in order to scope opportunities for greater sharing of sites and provision of integrated facilities for partners and customers.

2.8 Current initiatives and opportunities for land management, technical support and shared infrastructure being led by SNH in partnership with relevant public bodies (currently in the Highlands and Borders) should be supported and should continue and form components of the national programmes of integration and efficient government.

Response

Accepted in full except for:

Ø 2.2 which requires a wider dialogue outside the ERAD portfolio;

Ø 2.6 which is an approach which may evolve in time, but would depend on further development of integrated land management and Community Planning Partnerships;

The majority of the actions required under this chapter fall within the remit of the On The Ground project.

Action

Priority

Timescale

A9

Ensure close liaison, and continuing involvement, with On The Ground.

H

>12mths

Chapter 3

Sharing Responsibilities

Recommendations

3.1 Following the subsidiarity principle, we consider that there is scope for some operational responsibilities currently undertaken by the Scottish Executive to be transferred to SNH and also for SNH itself to transfer responsibility for some activities and operations to local authorities and other bodies.

3.2 For new partnerships the likelihood of SNH exiting within a defined period should be made explicit from the start. Partnerships should take a strategic approach from day one to developing alternative sources of funds to be phased in after a suitable incubation period. Actions should be put in place to facilitate such transfers of responsibility.

3.3 There is a need for closer strategic working between Scottish Executive sponsor team, other relevant SE Departments or Divisions and SNH to ensure respective roles in the development and delivery of significant areas of new and continuing policy are well defined, agreed and understood. This should be built into all developing areas of policy.

3.4 As a rule, there should be clear understanding that the Scottish Executive should lead on development and promotion of the policy (advised as required and appropriate by SNH) while SNH should lead on delivery of natural heritage policy across the country (including policy advice relating to delivery).

3.5 Any outstanding uncertainties over the roles and responsibilities of SNH and the Scottish Executive in introducing the Nature Conservation Act (Scotland) 2004 should be identified and resolved.

3.6 SNH's share of the responsibility for statutory advice on gardens and designed landscapes should be relinquished to Historic Scotland as the most appropriate body to offer a single source of advice on them.

3.7 With the support of the Scottish Executive, SNH should move towards a more strategic role in influencing the formal education sector as to how the natural heritage is included in the curriculum.

3.8 Further review of roles and responsibilities for the lead and funding of Greenspace programmes, projects and delivery agents would now be timely to its evolution and development, alternative options to SNH's role requiring to be carefully assessed against current arrangements.

3.9 Forestry Commission (Scotland) should take responsibility for sponsoring and managing the funding for Central Scotland Forest Trust from CANH/SNH.

3.10 SNH, with the Scottish Executive and others, should review the mechanisms of support for Ranger and other Local Authority Services with a view to identifying if they could be revised to enable an approach that would both sustain them and free up SNH resources.

3.11 The Scottish Executive should lead and complete determination of an appropriate model for future funding of Firths forums.

3.12 Early opportunity should be sought to clarify Scottish Executive and SNH roles with regards to goose management schemes in the longer term, and other rural land management projects as appropriate, incorporating them into the development of integrated approaches to management.

Response

Accepted in full except for:

Ø 3.1 where priorities are outlined separately in the Executive's response;

Ø 3.7 where development of links with Teaching & Learning Scotland are favoured;

Ø 3.11 - the future funding of the Firths forums will be addressed in the context of the Marine Strategy.

Some of the boundary and business planning issues have already been addressed in actions from Chapter 1.

Action

Priority

Timescale

A10

Clarify roles & responsibilities regarding Nature Conservation (Scotland) Act 2004

H

<6mths

A11

Clarify roles & responsibilities regarding goose management schemes

M

<6mths

A12

Transfer sponsorship responsibility for Central Scotland Forest Trust to Forestry Commission Scotland

M

<6mths

A13

Transfer responsibility for the inventory of gardens and designed landscapes to Historic Scotland

M

6-12mths

A14

Conduct the planned review of greenspace projects in cooperation with Communities Scotland

L

6-12mths

A15

SNH led review of funding for ranger services

L

>12mths

A16

Develop closer working relationship with Teaching & Learning Scotland

L

>12mths

Chapter 4

Structure and Operation of the SNH Board

Recommendations

4.1 There is no requirement for change to the published roles, responsibilities and composition of the SNH Board, which it is expected to continue to manage to a high standard.

4.2 Potential confusion over members' roles and SNH message can be avoided by ensuring the Board continues to focus on its strategic policy and governance responsibilities as summarised in the SNH Management Statement and Financial Guidelines and does not become too closely involved in operational matters.

4.3 Areas Boards should be abolished and replaced by less formal and smaller areas committees to work with Area Managers to provide advice on local matters and to support SNH operations and on national matters as required by the Main Board.

4.4 Procedures for recruitment, training and funding of committees should have a lighter touch than for current Area Boards reflecting the scope and responsibility of an advisory committee.

Response

All accepted in full.

Action

Priority

Timescale

A17

Replace Area Boards with smaller, and more informal, local advisory committees

M

6-12mths

Chapter 5

SNH Structure and Culture

Recommendations

5.1 SNH should continue to review and develop its structure, noting and addressing where necessary the observations provided in the preceding paragraphs of this chapter. In doing so it should consider the options recommended as means of enhancing aspects of its efficiency and effectiveness.

5.2 Consideration should be given to a simpler senior management structure with fewer shared topic responsibilities among directors which would result in clearer internal and external lines of accountability and communication.

5.3 Management of SNH's science, policy and advice functions should be structured to enable the coordination and customer focus needed to enable SNH to respond to an expanded role in providing policy and scientific advice to the Scottish Executive.

5.4 Structural and cultural issues should become a key component of the Business Change programme and resources made available to drive these forward in parallel with the relocation project already under way.

5.5 Movement of staff in to and out of SNH from/to other bodies should be encouraged and supported and form part of a strategic approach to building up SNH's working relations and outward focus.

Response

Accepted in full

Action

Priority

Timescale

A18

Introduce clearer organisational structure.

H

6-12mths

A19

Reshape current SNH Business Change programme

H

6-12mths

A20

Develop external benchmarking programme

L

>12mths

Chapter 6

The Nature, Scope and Consistency of SNH Advice

Recommendations

6.1 Further review of evidence relating to the quality of SNH casework advice (across a range of topics and situations) would assist in better determining the scale and causes of current concerns, and identifying solutions to them.

6.2 Wherever possible SNH should set its response to local consultations and casework advice in broader context, whether that relates to legislation, policy or practice and explain any local variation that it may be applying.

6.3 SNH Area managers (and others as appropriate) should meet or liaise regularly in order to share good practice, learn from other Areas' experience and receive briefing on current policy developments relevant to local delivery of advice.

6.4 SNH should review and enhance its training programme for staff involved in the provision of external advice, particularly for staff within their first year in a post. Communication skills are a key element of such training.

6.5 SNH's continuing development of internal guidance is strongly supported, the accessibility and internal status of such guidance being crucial to its success. It should be given high priority.

6.6 SNH should continue efforts to improve its systems for quality monitoring and control of advice.

6.7 Consideration should be given to further standardisation of style and contextual content of advice where this would assist with recipients' understanding of SNH's key message(s).

6.8 Opportunities to clarify lead sources of internal advice and maximise efficiency of communications should be incorporated into SNH's work in pursuit of Recommendation 5.1 (review of SNH structure).

Response

Accepted in full.

Action

Priority

Timescale

A21

Develop, and introduce, a quality assurance programme for casework advice.

H

>12mths

A22

Improve systems for liaison and information sharing

M

6-12mths

A23

Review and enhance SNH training programme

M

6-12mths

A24

Improve internal guidance for casework

L

>12mths

Chapter 7

Clarification and Understanding of SNH's Role

Recommendations

7.1 A joint SNH / Executive News Release should be issued on an annual basis providing details of the agreed key targets and providing details of the previous year's performance. This NR should include quotes from both the SNH Chair and the appropriate Minister.

7.2 There should be greater transparency and explanation of the balancing duty, perhaps through inclusion of a paragraph setting out how and to what extent it has been applied in all relevant SNH or Scottish Executive written advice to third parties.

7.3 Some other pieces of legislation (e.g. EU Birds and Habitats Directives) take precedent over the balancing duties. Guidance, currently available internally could, if made available on the SNH website, aid wider understanding amongst the stakeholder community.

7.4 Both SNH and SE should take care to explain the full context of any particular policy for example in designation literature and answers to Parliamentary Questions with an aim to increase understanding of SNH's role as delivery agent for the Scottish Executive.

7.5 A strategic approach should be taken to identifying high profile events (e.g. the launch of a Natural Care scheme) which could include Ministerial involvement and/or joint SNH/SE news releases. SNH literature should reflect the level of funding (and by implication support of policy) received from the Scottish Executive.

7.6 Relevant Scottish Executive staff should be invited to speak, contribute or attend the annual SNH conference as appropriate. Ministerial involvement should be encouraged.

Response

Accepted in full except for:

Ø 7.2 which requires sensitive handling and may better approached through the awareness raising programme and improved communications and;

Ø 7.4 which again depends on the context.

Most of these recommendations are addressed through actions which are identified above relating to awareness raising, the proactive communications programme and improved guidance.

Action

Priority

Timescale

A25

Ministerial/SE staff participation in annual SNH conference

L

>12mths