Skip to main content

Language: English / Gàidhlig

Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 19 April 2025
Select which types of business to include


Select level of detail in results

Displaying 1466 contributions

|

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Okay, but, as you said, the legal aid reform piece is crucial, and we are waiting.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Do the barriers have different impacts on different types of groups and organisations? Obviously, NGOs might have more money behind them than community groups. Does that prevent community groups and local organisations from even considering trying to gain access to environmental justice?

10:15  

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

There is also the threat of having to pay the legal fees of the other side if there is a loss, such as in the case that was mentioned. That is why the qualified one-way cost shifting is so important. Where are we in terms of conversations that the ERCS has had with the Scottish Government about that? Has there been any indication that there is recognition of the need for qualified one-way cost shifting?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Colin, I have a similar question for you. In your opening remarks, you reminded us that Aarhus is about much more than just a single aspect. Other than cost, what are the barriers to accessing environmental justice for community groups and others?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Thank you. I might come back to you to pick up on a couple of points.

I turn to Jamie Whittle, who has experience as the person who guides these cases through for so many. On the barriers that we have been talking about and, I suppose, the lack of awareness upstream and the lack of a process to support communities, where does the problem start with access to justice, and environmental justice in particular?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

You spoke about the importance of getting things right not only at the sharp end of the court system. The convention talks about the need to improve environmental democracy. On access to justice, there are costs associated with court proceedings, but legal aid and other support mechanisms start—or should start—much earlier in the process. What have you seen eroded in those upstream processes during the last years that has entrenched non-compliance?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

I have a question for Mark Roberts, which follows on from Evelyn Tweed’s question earlier. I appreciate that most of our focus this morning has been on the court end of access to justice. However, in your work in ESS, how much time and capacity do you have to consider compliance in relation to ensuring that the public have access to environmental information and to ensuring that they have the participation access rights? How do you assess those elements rather than the sharp end—the “things have now gone wrong” end—that we need to deal with?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Okay. I understand that you are waiting for that report. Would there be any value in being pre-emptive? Can you be pre-emptive? Is there a mechanism where you can say, “We can see the absence of access to rights and the absence of mechanisms for remedy, and we will step in now,” or do we have to wait for the review process?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

That is helpful. Does anyone else want to come in on that point?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

That is fine. I suppose that my question is about what the mechanisms are, if concerns are raised. I appreciate that now might not be the time to open that up.

I will move on to another question, which I know that other members also want to come in on. Is it possible for Scotland to fully comply with the access to justice requirements in the convention without legal aid reform?