Hansard

I am pleased to be here today for the consideration of the draft Island Communities Impact Assessments (Publication and Review of Decisions) (Scotland) Regulations 2020. The draft regulations make provision under section 9(1) of the Islands (Scotland) (Act) 2018 for reviews of decisions by relevant authorities relating to island communities impact assessments under section 8(1) of the 2018 act. They also introduce a requirement for publication of island communities impact assessments by the relevant authorities under section 30(1) of the 2018 act. Separately, the Islands (Scotland) Act 2018 (Commencement No 3) Regulations 2020 will bring into force sections 7 to 10, 11(1) and 12 to 14 of the 2018 act. The commencement regulations are not subject to parliamentary procedure and are not being considered by the committee today. Section 9(2) of the 2018 act sets out the specific features that may be included in the review provisions. If approved, the regulations will create provision for reviews that satisfy the requirements of the 2018 act. The regulations are innovative. No other Scottish Government impact assessment process, such as equality impact assessments, has a review procedure. The committee will be familiar with the Islands (Scotland) Act 2018. It introduced the public sector duty requiring listed relevant authorities to prepare an island communities impact assessment in relation to any policy, strategy, or service that, in the authority’s opinion, is likely to have an effect on an island community that is significantly different from its effect on other communities, including on other island communities, in the area in which the authority exercises its functions. As indicated, the commencement regulations will bring that duty into force. It is worth noting that in the absence of the section 8(1) duty being in force, it has been the expectation that, where possible, the Scottish Government should operate in the spirit of the 2018 act and take island issues into account when developing or reviewing policies, strategies or services. The regulations will empower island communities to seek a review of decisions made by relevant authorities in relation to island communities impact assessments. The regulations provide a robust and proportionate framework for the review of decisions relating to island communities impact assessments that is based on transparency and accountability. Finally, although 2018 act makes no provision for guidance to accompany the regulations, we intend to monitor through our island stakeholders whether guidance would be beneficial. I hope that the committee will recommend that the draft regulations be approved.