POLICY GUIDE #1 2019 AN INTRODUCTION TO POLICY IN SCOTLAND This first guide provides an introduction to policymaking BES – SCOTTISH POLICY in Scotland, how policies are developed, and the difference GROUP between policy and legislation. Subsequent guides will focus on how scientists can get involved in the policy process The BES Scottish Policy Group at Holyrood and the various opportunities for evidence (SPG) is a group of British Ecological Society (BES) submission, such as to Scottish Parliament Committees. members promoting the use To find out about the policy making process at Westminster of ecological knowledge in please read the BES UK Policy Guides. Scotland. Our aim is to improve communication between BES members and policymakers, increase the impact of ecological research, and support evidence- WHAT IS A POLICY? EXAMPLES OF POLICY informed policymaking. We engage with policymaking A policy is a set of principles to Details of a policy and the steps by making the best scientific guide actions in order to achieve an needed to meet the policy ambitions evidence accessible to objective. A ‘government policy’, are often specified in Government decision-makers based on our therefore describes a course of strategies, which are usually membership expertise. action or an objective planned by developed through stakeholder the Government on a particular engagement – (i.e. Government Our Policy Guides are a resource subject. Documentation on Scottish consultations). These strategies are for scientists interested in Government policies is publicly non-binding but are often developed the policymaking process available through the Scottish to help meet binding objectives, for in Scotland and the various Government website. example, the commitment to reduce avenues through which greenhouse gases under the Kyoto scientific evidence can be used Protocol and the Paris Agreement. to inform policy. Examples of current Scottish If you are interested in learning Government policy are: more we run a variety of policy related training days and events • Climate Change Plan throughout Scotland. For more • Scottish Biodiversity Strategy information and alerts please • Forestry Strategy visit the BES-SPG web page. • Scotland’s National Marine Plan © James West / Flickr © James West Main image © Marco Martinoli / Flickr THE POLITICAL SYSTEM IN SCOTLAND WHO ARE The UK Parliament passed the Scotland Act 1998 following a referendum on Scottish devolution. This Act set up the Scottish Government of ministers and the POLICYMAKERS? Scottish Parliament and specifies which matters are reserved to and which are ‘Policymaker’ is a broad term, devolved from the UK Parliament. including all people involved in formulating, developing or Broadly, devolved matters are those with most day-to-day relevance to the Scottish amending policy. In Scotland people. The issues of most concern to BES members are largely devolved matters, policymakers include: such as the environment, rural affairs, agriculture, fisheries, and forestry. • Government Ministers and DEVOLVED MATTERS (SCOTTISH RESERVED MATTERS their advisors, civil servants, GOVERNMENT RESPONSIBILITY) (UK GOVERNMENT RESPONSIBILITY) MSPs (Members of Scottish Parliament) Agriculture, forestry, and fisheries Benefits and social security • Government agencies such Education and training Immigration as, Scottish Natural Heritage Environment Defence (SNH), Marine Scotland, Health and social services Foreign policy Scottish Environmental Protection Agency, and the Housing Employment Forestry and Land Scotland Law and order Broadcasting • Government agencies and Local government Trade and industry public bodies tend to have Sport and the arts Nuclear energy, oil, coal, and gas greater expert knowledge in the ecological domain, and play a critical role in developing Government WHAT IS THE DIFFERENCE BETWEEN POLICY AND LEGISLATION? policies. For instance SNH lead on the development Although policy and legislation are interrelated, each has a distinct function. A policy of Scotland’s Biodiversity may have an associated piece of legislation that helps to enforce part of or all of it. Strategies; the Forestry Commission lead on the Forestry Strategy POLICY LEGISLATION Sets out what government plans to do Sets out the law - the procedure or • Local Government civil towards achieving a long-term purpose standard that people and organisations servants lead on local issues, or goal must follow broadly in accordance with Government policy, such as Must comply with existing law, but may Can be used to enforce the course of Local Biodiversity Action also lead to the proposal of new laws actions within a policy Plans May be adopted to fulfill legislative New laws may be developed to enforce commitments (see Case Study 1) part or all of a policy Tend to evolve and adapt over time Tend to be fixed for much longer under review processes periods of time CASE STUDY 1 POLICY FORMATION AND BES-SPG ENGAGEMENT Developing a Forestry Strategy in Scotland Pathway to Scotland’s Forest Strategy In 2018, the Scottish Parliament passed the Forestry Forestry and Land Management (Scotland) Bill and Land Management (Scotland) Bill. This completed the devolution of forestry to Scotland when the Bill received Royal Assent and became the Forestry and Land Forestry and Land Management (Scotland) Act 2018 Management (Scotland) Act 2018. From the Act, the Scottish Government is required Scottish Government publishes a draft to produce a Forestry Strategy, in consultation Forestry Strategy consultation with stakeholders. The strategy should set out the Government’s vision for Scottish forestry as well as the Stakeholder engagement: key objectives and actions required to achieve the vison. BES-SPG submit a response The Government published a draft Forestry Strategy 2019-2029 - for consultation . BES-SPG asked its members for their views on the draft policy, and after collating all of the scientific evidence received from forestry experts they Scotland’s Forestry Strategy 2019-2029 submitted a response along with other stakeholders. WHERE DO POLICIES IN SCOTLAND COME FROM? Elections are normally held every five years in Scotland and policies may emerge at different points during the political cycle: • From party manifestos (declaration of policy and aims) prior to an election © Shiny Photos Scotland / Flickr • In response to particular situations or events, such as the Paris Agreement on Climate Change or the Nagoya WHAT IS THE DIFFERENCE BETWEEN THE SCOTTISH Protocol (last iteration of the GOVERNMENT AND SCOTTISH PARLIAMENT? Convention on Biological Diversity) Policies may arise as a result of The Scottish Government and Scottish Parliament are two separate entities with legislation, for example: different roles and responsibilities. The Scottish Government is held to account by the Scottish Parliament, and both are accountable to the Scottish people. • The Climate Change Plan and A Land-Use Strategy for Scotland arose from the Climate Change SCOTTISH PARLIAMENT SCOTTISH GOVERNMENT (Scotland) 2009 Act Law-making body for Formulates and implements policy devolved matters on devolved matters • The Marine (Scotland) Act 2010 led to the network of marine Scrutinises the work and policies Introduces most bills (draft laws) to be protected areas of the Scottish Government considered by the Scottish Parliament Formed of 129 MSPs Formed from MSPs from the political External organisations and individuals party with most seats in Parliament can engage in and influence policy development through speaking to Each citizen in Scotland is represented The First Minister is nominated policymakers at all stages: by eight MSPs: one constituency by the Scottish Parliament and heads MSP and seven regional MSPs the Scottish Government • via formal consultation and Scottish Parliament Committees Cabinet secretaries are MSP’s engagement with the Government are formed of MSPs from the balance appointed by the First Minister • via lobbying of Ministers, of political parties to head a government department Parliamentarians, and through wider supported by Ministers public advocacy (to note: the BES Committees hold the Government Scottish Government directorates does not campaign or lobby on issues) to account, scrutinise legislation are responsible for putting • by providing existing or new research and policy, and conduct inquiries government policy into practice to inform policy CASE STUDY 2 INQUIRY INTO GROUSE MOOR MANAGEMENT IN SCOTLAND The Scottish Government (SG) set up an independent Pathway of Inquiry grouse moor management group (GMM Group) following SNH research on satellite-tracked Golden Eagles. Cabinet Secretary for Environment, Climate Change and Land Reform establishes a group looking into grouse The GMM Group’s remit was to “examine the management activities environmental impact of grouse moor management practices ... and advise on the option of licensing grouse Grouse Moor Management group established and starts shooting businesses”. investigation As part of evidence gathering, the Group’s chair wrote Chair invites key stakeholders to provide written to key stakeholders, including the BES-SPG, asking evidence as part of the investigation for evidence on practices and issues relating to raptor persecution, predator management, muirburn, mountain hare management, use and application of medicated grit, BES-SPG collate evidence from members regulation, licensing, and Codes of Practice. and submit a response The GMM group will set out its recommendations in GMM group