1. Incorporating HIA into new Scottish SEA legislation Martin Higgins, Margaret Douglas, NHS Lothian Sheila Beck, NHS Health Scotland

2. SEA, RRAA (2000) and HIA SEA applies to Scotland even more than the rest of Europe Race Impact Screening (link to Race Relations Amendment Act 2000): EQIA and EqIA Where could HIA fit? More immediately, how could HIA fit? SEA requires statutory consideration of human health and population so potential for statutory HIA (or health consideration)…

3. SEA in Scotland: Leading the way in Europe The EU Directive (2001/42/EC) was implemented on 20 July 2004 in the The Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 SEA in Scotland has been shaped by the ‘Partnership Agreement’ that defines the ruling coalition at the Scottish Parliament. Why? –Coalition includes Liberal Democrats –Minister for Environment and Rural Affairs: Ross Finnie

4. The Partnership Agreement “We want a Scotland that delivers sustainable development; that puts environmental concerns at the heart of public policy and secures environmental justice for all of Scotland’s communities. Our commitment to the environment is demonstrated in every section of this Partnership Agreement.” “ We will legislate to introduce strategic environmental assessment to ensure that the full environmental impacts of all new strategies, programmes and plans developed by the public sector are properly considered.” First Minister and Deputy First Minister, 14 May 2003

5. Draft Scottish SEA legislation Consultation on The Environmental Assessment (Scotland) Bill 2005: December 2003. “The legislation … will ensure that all new strategies, plans and programmes developed by the public sector in Scotland take full account of both positive and negative environmental effects. All parts of the environment will be considered: impacts on water, land, air, biodiversity and human health, ….”

6. Scottish HIA Network response Highlighted common themes between HIA and SEA (as articulated by Carlos Dora for WHO) Emphasised the importance of the definition of health (in relation to criticisms of limited consideration of health typical of EIAs) Advocated inclusion/recognition of health inequalities – linked to synergistic and cumulative effects Suggested potential sources of qualitative and quantitative health data and information

7. Scottish Executive summary of responses, February 2005 “3.41 The Executive acknowledges that consideration of social and economic factors is important to the quality of public policy making. However, the Executive also accepts respondents’ concerns that a statutory requirement for the inclusion in environmental reports risks obscuring the environmental considerations that we are setting out to identify. 3.42 Therefore, the Executive’s proposal is to make no statutory provision for the inclusion of social and economic factors in environmental reports.”

8. Scottish Executive summary of responses, February 2005 Re integration with other impact assessments (e.g. health) “We consider this a matter for long term consideration in the light of evidence gathered by the operational experience of SEA. As it is longer term, the Executive does not intend to make any specific provisions at this point for the integration of impact assessments.” But health issues and population still need to be considered.

9. Environment and Rural Affairs Committee hearings, Summer 2005 Scottish Environmental Protection Agency (SEPA) expressed concern to the Committee about its capacity to be the consultation authority for health “The Committee, however, expressed concern about how consultation authorities would consider the full range of issues set out in schedules 2 and 3 (for example on health issues) in order to fulfil their role. The Committee requests that the Minister clarifies exactly how he expects the linkages between the consultation authorities and other bodies to develop in order to achieve this. The Committee requests this information in advance of Stage 2.”

10. Ministerial Response August 2005 Ross Finnie: ‘It was not possible to identify a single relevant health Consultation Authority given the NHS structure in Scotland. Instead, it is expected that responsible authorities will consult relevant health bodies on a case by case basis depending on the nature of their plan. It is expected that linkages between the [SEA] Gateway, the Consultation Authorities and other bodies will develop through daily contact on practical issues. The Gateway and the Bill Guidance will give co-ordination and direction on communication issues’.

11. Scottish HIA Network and Healthy Environment Network Approached by Executive SEA team for input re health issues for Scottish SEA Guidance in August 2005 – make suggestions but final Guidance will be edited by Executive Definition of health and availability/type of data/evidence Application of HIA: –HI screening for pre-screening/screening –More detailed HIA to link with detailed SEA Involve health experts (Public Health or local authority health improvement) on steering groups

12. Environmental Assessment (Scotland) Act 2005 Passed by Parliament on 9 November 2005 Signed into statute by the Minister in January 2006 Effective from 20 February 2006: all public sector policies, proposals, plans, strategies (except schools, military and some government exemptions). Scottish SEA Gateway key point of support at Executive Intention to produce specific Scottish SEA Guidance Scottish Executive SEA Pathfinder projects (report 2008)

13. Potential problems 1 Bureaucratic overload? The Executive and Parliamentary Committee both recognised this and have recommended training and administrative support as well as the need for culture change in public policy and decision-making Significance? Key term in applicability of SEA – possible it might be defined in court. But concern eg. many local authority SEAs could say insignificant increases in traffic. But a 5% increase nationally would be problematic. Also key in determining nature of pre-screening and screening

14. Potential problems 2 Data Good health datasets in Scotland but more needed – also concerns about scale and applicability (small country) SEA capacity within health? The Minister has implied that NHS (and council) organisations will work with SEA responsible authorities. Where is the NHS capacity? Health Protection Scotland? Environmental bads… HIA experts? Limited SEA Guidance … possibly?

15. Awaiting guidance Unclear if or when HIA fits in. Guidance not yet published Will social model of health be adopted? Environmental Consultants/Planners leading on SEAs(?) – need to develop health (inequalities) expertise An opportunity but…

16. More positively EQIA (for NHS) screening in Scotland based on health impact screening checklist. Part of wide equalities agenda with its own regulation Equalities Impact Screening statutory …. EIA is triggered when necessary … SEA is statutory and does include human health Integrated screening? Then signpost to HIA, Environmental Assessment, etc., eg. West Lothian pilot Issues re ‘significance’ and ‘relevance’ and integration. Also training and resource development EQIA/SEA has legislative teeth. Even with integration, will SEA guidance provide sufficient or effective regulation (quality and enforcement)? – an HIA rottweiller