Under the Nature Conservation (Scotland) Act (2004), all public bodies in Scotland are required to further the conservation of biodiversity when carrying out their responsibilities. The Wildlife and Natural Environment (Scotland) Act (2011) requires public bodies in Scotland to provide a publicly available report, every three years, on the actions that they have taken to meet this biodiversity duty.
The Scottish Biodiversity Strategy to 2045 sets out the framework for Scotland’s response to the nature emergency, including the overarching ambition for Scotland to be Nature Positive by 2030, and to have restored and regenerated biodiversity across the country by 2045. It sets out the following vision: ‘By 2045, Scotland will have restored and regenerated biodiversity across our land, freshwater and seas. Our natural environment, our habitats, ecosystems, and species, will be diverse, thriving, resilient and adapting to climate change. Regenerated biodiversity will drive a sustainable economy and support thriving communities, and people will play their part in the stewardship of nature for future generations.’
The Environment Strategy for Scotland provides a framework for Scotland’s climate and environment policies. One of its strategic outcomes is that ‘We are responsible global citizens with a sustainable international footprint,’ highlighting the importance of ensuring that the impact of Scotland’s consumption and production on other countries is sustainable.
The relevant National Outcomes and Indicators within the National Performance Framework focus our activity around ‘creating a more successful country, with opportunities for all of Scotland to flourish, through increased wellbeing, and sustainable and inclusive economic growth’. The relevant National Outcomes and Indicators for biodiversity include:
Scotland was one of the first countries in the world to sign up to the Sustainable Development Goals (SDGs) which have been developed to achieve a better and more sustainable future for all. The relevant SDGs for biodiversity include:
3 – Good Health and Wellbeing
7 – Affordable and Clean Energy
12 – Responsible Production and Consumption
13 – Climate Action
14 – Life below Water
15 – Life on Land
Adopting a circular approach, whereby resources are kept in use for as long as possible, can deliver a range of benefits for the environment. When the maximum value is extracted from resources whilst in use and then products and materials are recovered and regenerated at the end of a product’s viable life cycle, this helps to reduce waste, the use of virgin materials and related carbon emissions.
Further support and guidance on the application of circular approaches is available from Zero Waste Scotland.
A focus on the protection and enhancement of biodiversity should form part of a public sector organisation’s sustainability strategy, environmental or biodiversity strategy. Biodiversity objectives and targets should also, wherever relevant, be incorporated in an organisation’s procurement strategy and annual procurement report. For example, Renfrewshire Council Annual procurement report 2021-22 refers to their Plan for Net Zero and how procurement will contribute to the council’s transition to net zero by 2030. One of the five focus areas from the Plan is to: optimise biodiversity and nature locally to enhance our natural environment and maximise green economic opportunities while planning and preparing for impacts of climate change.
The Procurement Reform (Scotland) Act 2014 (“the Act”) aims to make the best use of public money, helping public bodies to achieve Scotland’s overarching purpose. The Act places a Duty on a public body that, before it buys anything, to consider how it can improve the economic, social and environmental well-being in Scotland through its procurements, with a particular focus on reducing inequality, and act in a way to secure this. For example, through the appropriate use of the sustainability test (and its associated tool: the prioritisation methodology), and the application of relevant and proportionate contract requirements.
The Act also requires obligated organisations to develop a procurement strategy and report against its delivery at the end of each year, emphasising the importance of monitoring and reporting delivery of intended sustainable outcomes. This could include the protection and enhancement of biodiversity through appropriate objectives and targets.
The public procurement regulations allow a contracting authority to exclude companies from tendering for public contracts for not meeting certain conditions, including breach of any obligations in the fields of environmental, social, or employment law; and to select the most suitable bidders based on technical ability and previous experience in relation to the subject matter of the contract. This is done through the Single Procurement Document (SPD).
It is important that when we have identified biodiversity risks or opportunities associated with the products or services that we procure, that we understand the alternative options available to us, with a view to minimising risks to biodiversity and, where possible, maximising opportunities for enhancing biodiversity. This will be achieved through gathering market intelligence and good pre-procurement supplier engagement.
Planning authorities and regulators such as the Scottish Environmental Protection Agency (SEPA) play an important role in the protection and enhancement of biodiversity. Procurers should be aware of these roles when developing contracts, so as to ensure the delivery of effective projects.
See the Annex for examples.
