Report indicates that MSPs share concerns about Part 2 of Scotland’s draft Natural Environment Bill

The Rural Affairs and Islands Committee published its Stage 1 Report on the Natural Environment Bill on Monday the 29th September 2025. It summarises the issues raised in evidence to the committees and makes recommendations to Ministers ahead of the Bill being debated by the parliament in October.  

While CIEEM welcomed and is broadly supportive of the draft bill, we have had significant concerns about Part 2 which proposes granting Scottish Ministers regulation-making powers to modify or restate Environmental Impact Assessment (EIA) legislation and the Habitats Regulations. 

CIEEM is of the view — as expressed in our written and oral evidence — that Habitats Regulations are far more flexible than is indicated in the policy memorandum and that the existing flexibility within these regulations is underutilised (in particular Regulation 9D of the Habitats Regulations). We consider that the proposed changes do not address the fundamental issues around the practical implementation of EIAs and the Habitats Regulations, specifically, insufficient capacity in public bodies. Although our first preference would be for Part 2 of the bill to be removed, we would — if kept — want to see a commitment to “non-regression” be included as a critical safeguard against dilution or weakening of these key environmental protections. 

While we understand that some MSPs may be supportive of the removal of Part 2, the report does not specifically recommend its removal; rather, it gives these recommendations to the Scottish Government: 

• Given the breadth of the powers, the Committee recommended amending Section 3 to give primacy to the purpose of maintaining or advancing standards (Section 3(a)) (Para. 181). 

• Given the potential significance of changes, the Bill requires amendment to provide greater clarity on when the affirmative procedure¹ would be used, and suggested that regulations providing for very significant policy changes should use the super-affirmative procedure² (Para. 183). 

The report notes, but doesn’t go as far as to recommend, that the bill could narrow the scope of the power to target specific areas or changes, or amend the 2021 Continuity Act to remove the sunset clause from the keeping pace power to enable it to continue to use this power and maintain alignment with EU policy and law. The Committee believes this would address many of the concerns raised about Part 2, particularly around the purpose and scope of powers.  

In terms of Part 1 of the Bill on statutory nature targets the committee report says that committee members support that statutory nature targets are needed — they’re seen as an important lever to ensure accountability and drive measurable biodiversity recovery. They also add that targets must be accompanied by “meaningful actions, and reinforced by sufficient public resources”. 

What’s next? 

The Stage 1 debate will take place in October, at which MSPs will discuss and then vote on the general principles of the Bill. 

At Stage 2 the committee will consider amendments to the Bill, which can be proposed by the Scottish Government or by MSPs.  

CIEEM are working with Scottish Environment LINK to draft proposed amendments to the bill which must be put to the government by MSPs. 

¹ The affirmative procedure means that delegated legislation is laid before the Scottish Parliament in draft form. Approval of that draft by Parliament is needed before it comes into force (becomes law). The negative procedure means that the delegated legislation is signed by the Minister and then laid (goes before) Parliament; thus, it undergoes less scrutiny.