UN Committee Launches Probe into Scottish Government's Compliance with Aarhus Convention

A United Nations committee has opened an investigation into a complaint submitted by the Environmental Rights Centre for Scotland (ERCS) that the Scottish Civil Justice Council (SCJC) breached the Aarhus Convention, a binding international convention that guarantees the right to a healthy environment and enshrines people's rights to defend it in a court of law. The ERCS argues that the SCJC's failure to consult the public on new rules for court costs in environmental cases is in breach of Article 8 of the Convention, which requires public bodies to consult the public when making laws that can significantly affect the environment. The UN committee has decided to investigate the complaint further, citing the ERCS's argument that the SCJC's review of the court costs rules has made access to justice unaffordable for those seeking to protect the environment.

Key Takeaways:

• The Scottish Civil Justice Council (SCJC) is accused of breaching the Aarhus Convention, a binding international convention that guarantees the right to a healthy environment and enshrines people's rights to defend it in a court of law.
• The ERCS argues that the SCJC's failure to consult the public on new rules for court costs in environmental cases is a breach of Article 8 of the Convention, which requires public bodies to consult the public when making laws that can significantly affect the environment.
• The UN committee has decided to investigate the complaint further, citing the ERCS's argument that the SCJC's review of the court costs rules has made access to justice unaffordable for those seeking to protect the environment.
• The Scottish Government has been asked to respond to the UN committee's inquiry, and is expected to provide answers about the complaint as part of a UK response over compliance.
• Scotland has been found to be in breach of Article 9 of the Aarhus Convention since 2011, with the ban on using this loophole identified in a UK progress report at the end of last year.
• The SCJC has denied that there has been a breach, and the Scottish Government has expressed confidence in the work of the SCJC.
• The ERCS has stated that access to justice is not a favor, but an integral part of environmental human rights, and that there is support for environmental justice across the political parties in Scotland.

Statistics:

• 53 community councils in Scotland have signed a letter demanding a summit with energy ministers to address concerns about the impact of renewable energy projects on local communities and landscapes.
• There were over 700 live applications in the Highland Council area alone for renewable energy projects, ranging from wind and hydro to energy storage and transmission grid plans.
• An analysis by State of Nature Scotland, backed by the Scottish Government's Nature Scot agency, found that wildlife is "in crisis" in 2023, with one in nine animals and plants at risk of becoming extinct north of the border.
• The most notable declines were with familiar birds such as swifts, curlews, and lapwings, which have declined by more than 60%.
• Kestrels have declined by more than 70%.
• The Scottish Civil Justice Council has approved its work programme for 2025/26, which includes holding a public consultation on the extension of Protective Expenses Orders to the Sheriff Court.

Sources:

• The Herald
• Environmental Rights Centre for Scotland (ERCS)
• United Nations Aarhus Convention Compliance Committee
• Scottish Civil Justice Council (SCJC)
• Scottish Government
• Scottish Environment LINK (SEL) coalition of more than 30 leading charities
• State of Nature Scotland
• Nature Scot agency