Cultural Heritage Protection post-Brexit

Scotland’s architectural and archaeological heritage are a fundamental part of our identity and economy, and it is important that they remain protected in post-Brexit legislation.

The definition of “environment” within the amended draft UK Withdrawal from the European Union (Continuity)(Scotland) Bill is currently inconsistent with both Scottish and European legislation and it may weaken environmental protections for cultural heritage. The wording proposed following Stage 2 of the Bill’s progress introduces a new definition which could result in future legal challenge.

To fully align with the Environmental Assessment (Scotland) Act 2005, referred to in sections 11 and 13 of the draft Bill , we would recommend that the definition of “environment” should be amended to match that found in Schedule 3, Section 6 of the 2005 Act which fully aligns with Annexe II of Directive 2001/42/EC of the European Parliament.

We would propose the following amendments to ensure continued protection for cultural heritage and for consistency across Scottish legislation:

In section 12, page 10 line 14 leave out subsections 2, (a) and (b) and insert –

(a) means biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage, including architectural and archaeological heritage, landscape, and

(b) the inter-relationship between the issues in (a)

In section 40, page 23, line 19, leave out subsections (3) (a) and (b) and insert—

(a) means biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage, including architectural and archaeological heritage, landscape, and

(b) the inter-relationship between the issues in (a)

If you would like to protect Scotland’s cultural heritage, please do share the above with your MSPs. You can find out how to contact your MSP via this link.

 

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