The petition has been about for a long time. I have been on this committee since its inception and I think that it was discussed at one of the early meetings, if not the very first meeting.
We have more information now but what we have not lost are the concerns of Friends of the Earth, which I share. I am grateful for the detailed letter it sent on 22 February, which highlights a couple of issues: the time restraints that are placed on applications for protective expenses orders and also for judicial review; and the view that legal action remains prohibitively expensive for most individuals, communities and non-governmental organisations—a view that many would share, not just those concerned about environmental matters. Also, we do not have the costs for community groups and NGOs, because they are not eligible for legal aid.
Very belatedly, with a matter of weeks to go before the election, the Scottish Government has announced that it will consult on the issue. For that reason, I think that the committee should keep the petition open and include it in the legacy paper. Friends of the Earth’s view that the committee launches its own inquiry into whether Scotland complies is appropriate for discussion, but it is a decision for another day.