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1 1 1 1 14 44 48 8 (2008) 20 ELM : STRATEGIC ISSUES – SCOTLAND – HENDRY
behavioural changes – a spanner in the works of a number (2006) 231), and the proposed Directive on Soil (COM
of sustainable development theories. The most effective (2006) 232), it is not directly linked to the previous
agencies in terms of money spent on each tonne of carbon consultations on the latter (see (2008) 20 ELM 2 at 105-
saved are the Carbon Trust (for businesses) and the Energy 6). Given the very broad range of policies and actors, both
Saving Trust (for households). However, the Business institutional and private, this seems very much an exercise
Environment Programme rated highly for the quality of in bringing together those stakeholders and policy
advice. There is much useful information, helpfully brought frameworks rather than (at this stage anyway) producing
together, on all the schemes, agencies, support any radical policy shifts. There are a series of projected
mechanisms and funding opportunities. There is also a outcomes including reducing erosion, improving the
call from the business sector for better advice and biodiversity of the soil itself as well as related ecosystems,
guidance, tailored to individual needs. Businesses and and more use of brownfield sites. These are set in the
households which had an energy audit were both more context of a national outcome, vision and aim, all centring
likely to make changes, and this was especially so if the on the long-term sustainability of the resource.
audit was face to face rather than online. There are The document is supplemented by reports of a series
indications that significant percentages in both household of working parties, and the consultation is open until 22
and non-household sectors have either begun to adopt, September.
or are considering adopting, further measures either in
energy saving or microgeneration, or both. Scottish Government 2008 The Scottish Soil Framework: A
Consultation Document available at: http://www.scotland.gov.
Halcrow Group Ltd 2008 Review of Energy Efficiency and uk/Publications/2008/06/27092711/0
Microgeneration Support in Scotland (Scottish Government
publication) available at: http://www.scotland.gov.uk/ Working Group Reports are available at: http://www.scotland.
Publications/2008/05/30140737/0 gov.uk/Publications/2008/06/27092800/0

On the same topic, the government has also released both
an analysis of consultation submissions to a draft strategy Environmental liabilities
document, and the government response. In the
consultation responses, there was strong support for It is some time now since the government consulted on
decentralised and community mechanisms for energy the transposition of the Environmental Liability Directive
supply in the future, and various ways were proposed in 2004/35/EC ((ELD); and see (2006) WL 17 at 219-
which this could be achieved. Whilst most respondents 220)). A second consultation has now been issued with
supported the range of activities taking place, many felt draft regulations and guidance – well overdue, as it should
that the government could do more, for example on have been transposed by April 2007, but the rest of the
building standards for existing stock as well as new build. UK is at a similar stage and we are not the only Member
State to be struggling with this directive; last year, only
Scottish Government 2008 Energy Efficiency and three states had transposing legislation in place by the
Microgeneration: Achieving a Low Carbon Future: A Strategy due date. A very short consultation paper, highlighting
for Scotland: Consultation Analysis Report available at: http:// some of the key concerns of respondents last year, is
www.scotland.gov.uk/Publications/2008/05/30140817/0 followed by draft regulations, draft guidance, a ‘quick
guide’ for operators and a regulatory impact assessment
Scottish Government 2008 Energy Efficiency and (RIA).
Microgeneration: Achieving a Low Carbon Future: A Strategy The government has maintained, for the most part,
for Scotland: The Scottish Government Response available at: the minimalist approach suggested in the first
http://www.scotland.gov.uk/Publications/2008/06/ consultation. The permit and ‘state of the art’ defences
03113737/0 are here, except for damage caused by genetically modified
organisms (GMOs) – a significant number of responses
last year referred only to GMOs. The time limit for liability
Soil framework consultation for damage caused by GMOs is extended from the 30-
year long stop in the directive to 75 years for these
The Scottish Government has issued an extensive organisms.
consultation on a framework for soil protection, setting As intended last year, biodiversity damage will be
out the government’s policy intentions, an analysis of the defined using the concept of ‘favourable conservation
resource and the current policy landscape, and a vision status’ as used in the Birds and Habitats Directives (1979/
for the future. There is much discussion of climate change, 409/EEC, 1992/43/EC); the government will not adopt
and the particular risks from our high-carbon peat soils, additional criteria relevant to nationally designated sites
as well as a recognition of the multi-functionality of soils such as SSSIs, but it is still possible that deterioration in
and a series of other pressures which are only likely to the status of a species could occur on a site not designated
increase in the future. under EC law. For damage to the water environment, the
Although it makes mention of the European criterion will be deterioration in status in terms of the
Commission’s Thematic Strategy for Soil Protection (COM Water Framework Directive (2000/60/EC), ie from good

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