- The purpose of this Technical Note is to make elected members aware of the Scottish Government’s proposed Wellbeing and Sustainable Development Bill, which is currently subject to consultation.
- The proposed Bill aims to establish in legislation principles that ensure government and public bodies act in a way that improves how we use and implement the National Outcomes, as outlined below:
- children grow up loved, safe and respected so that they realise their full potential;
- we live in communities that are inclusive, empowered, resilient, and safe;
- we are creative and our vibrant and diverse cultures are expressed and enjoyed widely;
- we have a globally competitive, entrepreneurial, inclusive, and sustainable economy;
- we are well educated, skilled and able to contribute to society;
- we value, enjoy, protect, and enhance the environment;
- we have thriving and innovative businesses, with quality jobs and fair work for everyone;
- we are healthy and active;
- we respect, protect, and fulfil human rights and live free from discrimination;
- we are open, connected and make a positive contribution internationally; and
- we tackle poverty by sharing opportunities, wealth, and power more equally.
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The Bill proposes that all decisions should reflect the values and aspirations of the people of Scotland and are focused on their wellbeing in a way that is sustainable into the future, ensuring that the National Outcomes, sustainable development and wellbeing are duly considered in public sector decision making.
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The Bill also aims to enable effective implementation of the National Performance Framework, to ensure that all policy and delivery is focused on increasing the wellbeing of people living in Scotland, both now and in the future.
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Specific key issues and proposals included within the proposed Bill include:
- A clear legislative definition of ‘wellbeing’ alongside the National Outcomes
- Reviewing the definition of ‘sustainable development’ in law or regulations
- Strengthening public sector duties relating to the National Outcomes and sustainable development
- Extending these duties to include Scottish Ministers
- Strengthening the way in which organisations work together to achieve wellbeing and sustainable development objectives.
- Improving accountability in relation to the delivery of wellbeing and sustainable development outcomes through the establishment of a Future Generations Commissioner.
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A public consultation began on 6 December 2023 and closes on 14 February 2024. In line with the Council’s Scheme of Delegation, officers have drafted a technical response to the consultation, reflecting current Council policies on the subject matter.
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The draft Council response is attached as Appendix 1. This includes extracts of the 19 separate consultation questions, with space for comments and answers. If you would like to contribute or add to the response, please email the Land Planning Policy team at development.plan@eastdunbarton.gov.uk by Tuesday 13 February 2024.
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Full details of the consultation can be found on the Scottish Government website [opens in a new window]
Appendix 1: Draft responses to Scottish Government’s Proposed Wellbeing and Sustainable Development (Scotland) Bill Consultation
7.1 Defining wellbeing
Q. Is a statutory definition of ‘wellbeing’ required?
Draft Council Response - Yes, as it would support implementation of relevant policies in NPF4. NPF4 makes various references to wellbeing, however it is not formally defined – only the term ‘wellbeing economy’ is defined. Having a statutory definition would help to minimise potential disputes in the assessment of development proposals and enhance clarity. NPF4 also provides planning authorities with a new opportunity to require Health Impact Assessments as part of the development management process and so a statutory definition of wellbeing would be helpful in both the preparation and assessment of these.
Q. Do you have any views on how ‘wellbeing’ can be clearly defined in legislation?
Draft Council Response - Agree that wellbeing has multiple factors including social, economic, environmental and cultural and that these are the main determinants of health & wellbeing. It is important that the critical role of good placemaking in supporting wellbeing is reflected. Legislation should promote healthier lives and align with the Place and Wellbeing Outcomes established by the Place and Wellbeing Collaborative. In planning terms, this can be achieved by ensuring access to healthy air and water, quality greenspace, housing and neighbourhoods, play and recreation facilities, active travel opportunities, local amenities and services, public spaces to meet and congregate (sense of belonging) and access to public transport (reducing isolation). These high-level principles should inform and be reflected in the drafting of any future legislation.
In terms of responsibilities and delivery, legislation should provide a clear requirement and overall framework for both the public and private sector, as well as statutory key agencies, to deliver places that support good physical and mental wellbeing.
7.2 Defining sustainable development
Q. Is a statutory definition of ‘sustainable development’ required?
Draft Council Response - Yes, however our understanding is that a common definition is already established and widely accepted. It is important that this definition is reinforced. Embedding this in any new legislation is also an opportunity to recognise current threats to sustainable development such as antibiotic resistance, the twin climate and biodiversity/nature emergencies, factors that may increase the likelihood of new pandemics emerging and barriers to active transport.
Q. Do you agree with our proposal that any definition of sustainable development should be aligned with the common definition: “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”?
Yes
Q. Do you have other views on how ‘sustainable development’ can be clearly defined in legislation?
Draft Council Response - Putting wellbeing mechanisms into law is critically important as highlighted by the Welsh model of Well-being Future Generations (Wales) Act 2015. The Act puts in place seven long-term wellbeing goals: a prosperous Wales; a resilient Wales; a more equal Wales; a healthier Wales; a Wales of cohesive communities; a Wales of vibrant culture & thriving Welsh language; and a globally responsible Wales. The Act also defines five ‘ways of working’ or principles that public bodies must demonstrate in decision making: thinking for the long-term, prevention; integration; collaboration; and involvement.
A similar approach to defining sustainable development should consider how the definition could address on-going threats to sustainable development such as antibiotic resistance, the twin climate and biodiversity emergencies, factors that exacerbate the odds of new pandemics emerging, barriers to active transport etc.
Q. What future wellbeing issues or challenges do you think legislation could help ensure we address?
Draft Council Response - There is scope for future legislation to ensure that the wellbeing needs of equality groups is given more focus and the aforementioned threats to sustainability: antibiotic resistance, the twin climate and biodiversity emergencies, pandemics, upscaling of preventative health interventions (including active transport infrastructure etc)
Q. We are aware that the term ‘sustainable development’ has been set out in various legislation of the Scottish Parliament since devolution in 1999, and that careful consideration will need to be given to how any new definition will impact on these. What impact, if any, would the proposed definition have on other areas of legislation?
No comments
7.3 Strengthening duties for the National Outcomes and sustainable development
Q. How could a legal duty be defined to ensure that public authorities uphold sustainable development and the interests of future generations?
No comments
Q. Are there specific areas of decision making that should be included or excluded from the Bill?
No comments
Q. What issues, if any, may result from strengthening the requirement to have regard to National Outcomes?
No comments
7.4 Clarifying to whom the duties apply
Q. Should any duty apply to Scottish Government?
Yes
Q. Do you have any views on the range and type of organisations that any duty should apply to?
All public bodies.
7.5 Defining ways of working
Q. Do you have any views on how we can better report the achievement of wellbeing objectives which supports clear accountability and scrutiny of public bodies in Scotland?
No comments
Q. What additional steps are needed to ensure collaboration and working across boundaries?
Draft Council Response - The introduction of Regional Spatial Strategies across Scotland provides a good opportunity to embed wellbeing and sustainability principles at a regional level, across local authority boundaries. Whilst these strategies will be non-statutory, any future legislation could recognise their role and scope to deliver the principles.
Q. Do you have any views on whether any duty related to ways of working could create conflicts with duties currently placed on you?
No comments
Q. Do you have any views on the additional resource implications necessary to discharge any wellbeing duty in your organisation?
No comments
7.6 Determining an approach for future generations
Q. Should Scotland establish an independent Commissioner for Future Generations?
Yes
Q. In what ways could an independent Commissioner for Future Generations increase the accountability, scrutiny, and support for decision making?
Draft Council Response - An independent Commissioner for Future Generations could help to identify opportunities to consider the long-term impacts of decisions while also giving more of a platform to issues, challenges and opportunities facing future generations.
Collectively, this could help public bodies make long-term decisions that are more effectively aligned with sustainable development.
Specific examples of long-term threats to sustainability where there is opportunity for more long-term thinking, preventative interventions and greater intergenerational equality could include the following areas:
- antibiotic resistance
- goods and services that increase the odds of new pandemics emerging
- high-carbon goods and services that have viable alternatives
- biodiversity loss
- active travel being promoted as a preventive intervention for health that can deliver cost savings for the NHS and Health and Social Care Partnerships
Q. Are there alternative ways we can increase the accountability, scrutiny, and support for decision making?
No comments