Citizen Participation and Public Petitions Committee
Scottish Government submission of 07 December 2021
PE1895/C - Mandatory accountability for NatureScot’s decision making procedures
Thank you for your letter of 9 November. The Scottish Government has sought advice from NatureScot, as the lead authority on this issue. Their response to the petitioners latest submission is provided below. NatureScot would be pleased to assist the Committee directly should they have further technical questions on the interpretation of the issues raised in this petition.
Whilst there are differences in the strict protection of species under the Habitats Directive compared to the protection given to birds under the Birds Directive, the terms ‘no satisfactory alternative’ and ‘no other satisfactory solution’ are considered to be analogous. This view is supported by the European Commission’s recently updated guidance on the strict protection of species, which refers to Birds Directive case law for the interpretation of Test 2.
PE1895/A: Mandatory accountability for Naturescot’s decision making procedures
PE1895/B: Mandatory accountability for NatureScot's decision making procedures