Home
October 12, 2008 Est 1999 Scotland's award-winning independent newspaper
Revealed: how Scotland flouts European environment laws
EU database reveals 65 breaches, twice the number previously admitted

SCOTLAND HAS been accused by the European Union (EU) of 65 violations of laws meant to prevent pollution, protect wildlife and control waste, according to a secret government database released to the Sunday Herald.

The number of alleged breaches of European legal directives over the past six years is twice as high as previously admitted, prompting accusations yesterday that Scotland's record was "shocking" and had been "covered up".

The range of environmental crimes investigated by the EU is broad. They include breaking rules on overfishing, hazardous waste, water pollution, sewage, radiation protection, plant imports, pesticides, birds of prey and pigs. Among the most serious cases were loopholes in the law allowing farmers and the Crown to avoid the need for statutory environmental assessments. The government has also failed to introduce new controls on animal health - including foot-and-mouth - in time.

Ministers have been accused of failing: to designate sufficient areas to protect wildlife and natural habitats; to do enough to save energy in buildings; and to control chemicals that damage the ozone layer.

Details of the 65 alleged breaches are revealed in an EU "infractions database" maintained by the Scottish government. This has been kept secret, until ministers were ordered to release it last week by the Scottish information commissioner, Kevin Dunion.

The database recorded the status of all the infractions that affected Scotland as at June 2006, when the Sunday Herald requested it. The Scottish government has so far refused to release a more up-to-date version.

In February 2005, in response to an earlier request under freedom of information legislation, the then Scottish Executive produced a list of 32 cases in which it said it was facing EU infraction proceedings.

Of the 65 cases listed in the newly released database, 45 were "ongoing" and 20 were "closed". One of the closed cases was Scotland's inadequate plans for waste disposal.

One ongoing case was the alleged failure to control overfishing. "The Commission alleges the UK has not complied with the rules on conservation, control, inspection and enforcement of the Common Fisheries Policy," says the database.

In a separate case, Scotland was accused of breaching the quota for blue whiting.

There were specific complaints about sewage spills into the Kilbarchan burn in Renfrewshire, a major hotel development at Kingask Estate in St Andrews and about the disposal of dental amalgam, which contains mercury. One of the closed cases was the failure to limit the levels of sewage pollution of Scotland's bathing waters.

Green MSP Robin Harper has been unsuccessfully demanding information about EU infractions for years. "It is now clear there has been a substantial series of shocking breaches of EU law, most of which have in effect been covered up," he said.

"However, it the new government does now have an opportunity to ensure vital EU environmental legislation is always properly implemented in Scotland, and I urge it to take these responsibilities seriously."

Lloyd Austin, head of conservation at the Royal Society for the Protection of Birds (RSPB) in Scotland, pointed out European environmental legislation had been one of the driving forces behind improvement.

"It is regrettable that, over past years, Scottish governments have been found wanting in many areas," he said.

"RSPB Scotland hopes the new Scottish government will grasp the opportunities offered by European law and policy to protect our precious natural heritage."

Linda Fabiani, minister for Europe and external affairs, said: "This government takes its EU obligations seriously and, while these cases relate to the last administration, we endeavour to progress such outstanding infractions cases as soon as possible."

Share this story on: Digg | del.icio.us | Furl | reddit | NowPublic | Yahoo!
Posted by: Edward Means, California on 4:37am Sun 16 Dec 07
Don't break your necks hastening to comply. Tell them to make France, Italy, Spain et al comply first.
Posted by: Rock Lobster, north o the tay on 8:31am Sun 16 Dec 07
another "we canna dae it" story,

Whats the figures for the rest of Europe?
Posted by: Unnamed, Embra on 11:31am Sun 16 Dec 07
Don't the Unionists keep telling us that after independence we aren't going to be automatically part of the EU?
Well, there's one way we don't need to comply then.
Posted by: Los Angeles, Edinburgh on 7:19pm Sun 16 Dec 07
EU Says Not Good Enough
Ministers have been accused of failing: to designate sufficient areas to protect wildlife and natural habitats;
Tell that to Donald Trump.
Posted by: Yok Finney, Ross-shire on 11:05pm Sun 16 Dec 07
My habitat supports sparrows, exotic finches and tits, robins, thrushes, blackbirds, swallows, martins, treecreapers and bats. It's called a garden. What the hell have EU diretifs and ministers got to do with it?
Posted by: Udo Seiwert-Fauti, Germany on 8:30am Mon 17 Dec 07
Could not people of the country paying most into the EU budget expect Scotland complying the EU rules ? As long as Scotland cannot develop without EU money ( there are thousnads of current examples...) Scots should realise there are rules. I know itīs easier to cash in the money but not to care...
Posted by: Hilary, Edinburgh on 11:16am Mon 17 Dec 07
If you internet polemicists really want to see how far DOWN the UK is in environemental standards, rather than jerking your knees at Johnny Foreigner immediately - get on the internet and find out for yourselves, the scoreboards are all there.
Posted by: SimHurrll, South of the Border on 11:32am Mon 17 Dec 07
As a Country with International Neighbours it is a duty of Scotland to observe the basic rules of Society and that is to treat your neighbour as you would like to be treated by him. That applies to all facets of life and the Environment is a primary part of this.
Many of the issues cited here can be treated by low cost and low technology solutions. Trapping Mercury that are known to cause carcinogens in the atmosphere. With the abandonment of the incineration programme for Broga and the continuing disquiet in Brighton/East Sussex, Nottingham, Mansfield, Chester, Merseyside , Four Ashes and many others it is no wonder that this issue is still unresolved. From what we understand the Public here are being taken for granted here and forced to accept a waste treatment solution which is an anathema to all reason when it is so unnecessary. The proposal for Hardenberg Northern Holland offers a much more suitable method for dealing with Waste at a fraction of the cost for the incineration program and would solve this issue alone.
So in some respects the issues exposed here are a worry but not all is lost.
With the Scottish Government refocusing on its whole capital programme perhaps it will rethink some of these issues.
Add your comment
Name:
Email: *
Location:
**
Security Image. Registered site users are not required to enter Security Image Information.
 
 e.g. 123-123
Comment:
Please note: All HTML tags will be ignored.
Format Text:

 
By posting a comment, I confirm that I have read and agree to the terms of use. Comments are not moderated but we will react if anything that breaks the rules comes to our attention and we may delete inappropriate postings. Please treat other people with respect. You must not post anything that is abusive, indecent, unlawful or defamatory. Remember, you are personally liable for what you post on this site. If you wish to complain about a comment, contact us here.
* Your email address will not be displayed
** To avoid register now or login