Under consideration PE1895: Mandatory accountability for Nature Scotland's decision making procedures

Calling on the Scottish Parliament to urge the Scottish Government to make it mandatory for Nature Scotland to explain its conservation objectives in decision making within the framework of the Scottish Regulators Strategic Code of Practice and Scottish Governments guidance, 'Right First Time'.

Previous action taken

Persisted on holding Nature Scotland to account, this resulted in them cutting off communications. Contacted 3 MSPs and the Environment Minister and they have failed to get answers. Asked the Chairman and vice Chairwoman to assist in getting answers, and that failed. I went to the SPSO who rejected my complaint and then after appeal and complaint related to the Ombudsman's code of conduct they admitted they were wrong but were unable to change the decision, that would require judicial review.

Background information

I've had several license applications refused but from this experience I've spent hundreds of hours researching case law, government policy and international conventions so I have a deep understanding of the legal aspect of licensing under Section 16 of the Wildlife & Countryside Act, which isn't black or white. The main influence being the principle of proportionality which originates from Article 5 of the EU Treaty, this states regulation should be the minimum required to achieve the objective. It should be mandatory for Nature Scotland to explain its "conservation objective" when refusing license applications.

Nature Scotland are independent of government in decision making but I don't believe that should mean they are unaccountable to the people of Scotland, which is my experience. In challenging them I have felt as though my human rights of freedom of expression, right to a fair trial and freedom from discrimination have been removed. Accountability should be mandatory.

  • Created by Gary Wall
  • Considered from 23 August 2021

This petition is now under consideration by the Citizen Participation and Public Petitions Committee

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