[NukeNet] Scotland: Revealed: how Scotland flouts European environment laws

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Sun Dec 16 18:42:27 EST 2007


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Revealed: how Scotland flouts European environment laws
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."

9:31pm Saturday 15th December 2007


By Rob Edwards, Environment Editor


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