Geelhoed, Miranda

University of Strathclyde Institutional Repository

                             POLICY BRIEF   No. 10, April 2019.   Response to the Public Consultation on ‘Good Food Nation Proposals for Legislation’    Miranda Geelhoed  	  The integrated and inter-disciplinary research conducted by the Strathclyde Centre for Environmental Law and Governance (SCELG) seeks to address real-world knowledge gaps in partnership with government institutions, NGOs, private institutions and local communities. Our researchers hold considerable expertise in the fields of comparative, EU and international environmental law, with regard to, among others, biodiversity, land, food and agriculture, climate change and energy, water and oceans, as well as corporate accountability, environmental justice, human rights and sustainable development.  For more information, visit: https://www.strath.ac.uk/research/strathclydecen-treenvironmentallawgovernance/  Or contact: miranda.geelhoed@strath.ac.uk   1	  		Public	Consultation:	Good	Food	Nation	Proposals	for	Legislation		Response	from	the	Strathclyde	Centre	for	Environmental	Law	and	Governance		Author:	Miranda	Geelhoed1	Submission	date:	18	April	2019			Questions	1. To	what	extent	do	you	agree	with	the	framework	proposals	for	Ministers	and	public	authorities	to	prepare	statements	of	policy,	have	regard	to	them	in	the	exercise	of	relevant	functions,	and	report	on	implementation,	with	re-gard	to	international	obligations	and	guidance?	Answer:	Neither	agree	nor	disagree	Please	explain	your	answer:	In	summary	we	urge	for:	• A	move	beyond	procedural	obligations	for	Ministers	and	public	authorities	only,	to	include	clear,	substantive	objectives	to	guide	and	integrate	actions.	• Explicit	 links	with	a	potential	Scottish	instrument	on	human	rights,	and	a	move	beyond	a	duty	of	due	regard	towards	an	obligation	of	result.	• Integration	of	efforts	on	future	food	and	agricultural	policies,	taking	inspiration	from	legislative	frameworks	in	other	countries	and	principles	of	agroecology.	The	Strathclyde	Centre	for	Environmental	Law	and	Governance	(SCELG)	welcomes	the	Good	Food	Nation	Proposals.	In	a	time	where	many	efforts	are	focused	on	maintaining	EU	standards,	it	is	crucial	that	the	Scottish	Government	explores	potential	for	leadership.	We	agree	that	a	supportive	legal	framework	is	key	to	progress	towards	sustainable	food	production.	However,	although	the	proposals	for	statements	of	policy	on	food	could	con-tribute	to	this,	we	believe	that	ambitions	could	be	bolder.		The	proposals	are	focusing	on	procedural	obligations	for	Ministers	and	public	authori-ties,	yet	they	lack	substantive	objectives	and	principles	to	guide	and	align	actions.	Refer-ence	to	international	instruments	is	important	but	not	enough	without	a	clear	strategy	                                                        1	SCELG	PhD	researcher.			This	submission	has	greatly	benefited	from	the	inputs	of	our	SCELG	members	and	represents	the	views	of	the	centre.	In	particular,	the	author	would	like	to	thank	Prof	Elisa	Morgera	and	Dr	Stephanie	Switzer	for	their	helpful	sugges-tions.     2	on	Scotland’s	priorities.	In	this	regard	inspiration	can	be	drawn	from	the	work	that	has	been	done	by	the	International	Panel	of	Experts	on	Sustainable	Food	Systems	(IPES	Food)	led	by	former	UN	Special	Rapporteur	on	the	Right	to	Food,	Olivier	de	Schutter,	which	rec-ognised	in	the	European	context	that	a	food	policy	needs	to	address	conflicting	objectives	to	reconcile	trade-offs	and	better	integrate	policies	across	the	board	(Report:	Toward	a	Common	Food	Policy	or	the	European	Union,	IPES	Food	2019).	The	proposal	provides	an	important	opportunity	for	a	discussion	in	Scotland	on	the	fu-ture	of	our	food	system,	and	the	balancing	of	economic,	social	and	environmental	objec-tives.	In	this	regard	an	explicit	reference	to	the	right	to	food	is	important,	but	food	pro-duction	also	touches	upon	other	economic,	social	and	environmental	human	rights.	Ex-plicit	 links	will	 need	 to	be	made	with	 the	work	done	by	 the	First	Minister’s	Advisory	Group	on	Human	Rights	Leadership,	and	the	future	Scottish	instrument	on	human	rights,	to	avoid	fragmentation	of	efforts.	The	proposal	should	move	beyond	a	duty	of	due	regard,	as	the	work	of	the	FM	Advisory	Group	has	shown	that	have	had	little	impact	in	improving	the	actual	outcomes	for	those	persons	that	they	aim	to	protect	(e.g.	under	the	Equality	Act).	An	obligation	of	result	(duty	to	comply)	allows	for	the	testing	of	policies	against	real	life	impacts.	Efforts	can	then	focus	on	capacity	development	for	public	authorities.	Lastly,	 the	proposal	should	make	clear	connections	with	Scotland’s	 future	agricultural	policy,	in	light	of	Brexit	and	the	potential	loss	of	the	Common	Agricultural	Policy.	Agroe-cology	has	been	highlighted	by	Scottish	civil	society	as	a	potential	framework	to	better	integrate	agricultural	and	food	policy	and	inspiration	can	be	drawn	from	efforts	in	other	countries,	like	the	French	Law	for	the	Future	of	Agriculture,	Food	and	the	Forest.	Without	substantive	commitments,	however,	we	fear	that	the	Good	Food	Nation	legislation	may	become	a	missed	opportunity	for	a	comprehensive	reform.		2. Whilst	we	do	not	plan	to	require	all	sectors	to	prepare	statements	of	policy	on	food,	they	do	all	have	a	role	to	play	in	achieving	our	Good	Food	Nation	ambition.	To	what	extent	do	you	agree	that	Government	should	encourage	and	enable	businesses	in	particular	to	play	their	part?	Answer:	Strongly	agree	Please	explain	your	answer:	In	summary	we	urge	for:	• Recognition	of	the	dual	role	of	legislative	reform	and	action	on	private-busi-ness:	an	enabling	role	to	reduce	legal/policy	barriers	to	ambition	and	an	en-couraging	role	to	put	in	place	incentives	and	standards	to	bring	about	behav-ioural	change.	    3	• Recognition	that	although	statements	of	policy	on	food	could	help	Government	to	support	sustainable	transitions	at	business	level,	that	clear	objectives	are	necessary	against	which	proposals	and	actions	can	be	assessed	(Q1).	• Inclusion	of	obligations	on	private	businesses	in	accordance	with	EU	and	in-ternational	obligations	for	stronger	corporate	responsibility,	including	respect	for	human	rights.	• Dialogue	 between	 government	 and	 businesses	 and	 the	 creation	 of	 partner-ships.	Private	businesses	play	an	essential	part	in	the	achievement	of	a	sustainable	future	for	Scottish	food	production	in	line	with	the	overarching	objectives	of	the	Good	Food	Nation	legislation.	Distinctions	should	be	made	between	legislation	and	policy	as	enabling	fac-tors	(passive)	and	as	factors	of	encouragement	(active).	Current	and	future	 legislative	and	policy	 initiatives	should	be	reviewed	to	ensure	that	these	 instruments	 do	 not	 inhibit	 private	 ambitions	 (e.g.	 strategic	 assessment).	 At	 the	same	time,	policies	should	be	enacted	to	stimulate	change	by	creating	positive	incentives	(e.g.	financial	or	recognition)	or	prescribe	desired	actions	through	standards.	Whereas	statements	of	policy	on	food	could	help	governments	to	enable	and	encourage	businesses,	there	is	a	need	for	clear	objectives	in	the	framework	legislation	against	which	the	content	of	the	statements	and	underlying	indicators	can	be	assessed	(Q1),	to	ensure	synergies	and	strong	ambition.	Moreover,	to	ensure	real	impacts	they	should	be	the	result	of	wide	stakeholder	engagement.	The	Scottish	Government	should	evaluate	how	small	farmers	and	businesses	could	best	inform	 the	government	 about	 its	progress	 and	 struggles.	However,	 exempting	private	business	completely	from	reporting	requirements	is	not	in	line	with	international,	EU	and	national	ambitions	and	obligations	 for	stronger	corporate	accountability,	 including	re-spect	for	human	rights	in	corporate	operations.	It	follows	from	the	work	of	the	FM	Advi-sory	Group	that	businesses	already	have	responsibilities	and	duties	in	international	hu-man	rights	law	terms.	Moreover,	businesses	that	carry	out	public	functions	already	have	duties	of	compliance	under	the	Human	Rights	Act	and	the	Scottish	Government	is	devel-oping	a	national	action	plan	to	implement	the	UN	Guiding	Principles	on	Business	and	Hu-man	Rights	(UNGPs)	(Report:	Recommendations	for	a	new	human	rights	framework	to	improve	people’s	lives	2018,	p	40-41).	Other	frameworks	that	are	worth	highlighting	are	the	OECD-FAO	Guidance	for	Responsible	Agricultural	Supply	Chains,	the	European	Com-mission’s	 Corporate	 Social	 Responsibility	 Strategy,	 and	 the	 Sustainable	 Development	Goals.	If	obligations	 for	businesses	are	recognised,	efforts	can	 focus	on	human	rights-related	capacity-building	in	the	private	sector.	The	positive	aspects	of	reporting	opportunities	for	businesses	should	be	emphasised,	allowing	 for	reflection	and	dialogue	to	work	to-wards	a	Good	Food	Nation	in	partnership	with	government.	    4	3. To	what	extent	do	you	agree	with	the	proposed	approach	to	accountability	of	Scottish	Ministers	and	specified	public	authorities?	Answer:	Disagree	Please	explain	your	answer:	In	summary	we	urge	for:	• An	independent	body	that	reviews	the	impact,	legality	and	effectiveness	of	the	actions	set	out	in	policy	statements	on	food,	in	line	with	legal	obligations,	the	• objectives	of	the	framework	legislation	and	overall	policy	coherence.	• Recognition	of	discussions	at	European	 level	 that	 increasingly	acknowledge	the	 importance	 of	 institutional	 reform	 to	 assure	 an	 integrated	 approach	 to	food.	Food	is	a	complex	topic	that	touches	upon	many	cross-sectoral	and	sectoral	laws,	policies	and	institutional	frameworks.	It	also	concerns	all	levels	of	governance,	from	the	interna-tional	to	the	local.	Reporting	to	Parliament	and	Scottish	Ministers	is	likely	to	be	insuffi-cient	to	ensure	that	policy	statements	meet	all	legal	obligations,	as	well	as	the	objectives	of	 the	 framework	 legislation	 (Q1)	 and	 that	 they	 form	 an	 integrated	 (non-conflicting)	whole.	In	this	regard	it	important	to	note	that	after	Brexit	Scotland	is	likely	to	lose	the	enforcement	edge	of	the	European	Commission	and	the	CJEU.	An	independent	body,	for	example	a	Scottish	Food	Commission	that	follows	the	structure	of	the	Scottish	Land	Commission,	could	more	effectively	review	the	impact,	legality	and	effectiveness	of	the	actions	set	out	in	policy	statements	on	food.	More	broadly,	Scotland	could	take	inspiration	in	this	regard	from	discussions	at	Euro-pean	level	on	the	creation	of	a	Common	Food	Policy	(IPES	Food	2019),	which	recognise	the	crucial	role	of	institutional	reform	in	delivering	bold	ambitions	on	food	and	the	need	for	coordinating	mechanisms	to	assure	that	the	design	and	implementation	of	policies	meet	overarching	objectives.		4. To	what	extent	do	you	agree	with	the	proposal	for	targeted	legislation	rele-vant	to	specific	policy	areas	as	an	alternative	to	a	single	piece	of	legislation?	Answer:	Disagree	Please	explain	your	answer:	In	summary	we	urge	for:	    5	• Framework	legislation	and	targeted	legislation	to	be	recognised	as	complimentary	instruments	to	achieve	Scotland’s	common	objectives	for	sustainable	food	and	ag-riculture.	See	Q1.	The	objective	of	the	framework	legislation	should	be	to	better	align	objectives	of	different	food	and	agricultural	policies.	Although	it	will	be	necessary	to	enact	specific	leg-islation	to	flesh	out	details	for	various	topics	and	sectors,	it	is	crucial	that	the	framework	legislation	determines	 the	overarching	priorities	 and	principles	 of	 Scottish	 actions	on	sustainable	food	and	agriculture.	The	integrated	and	inter-disciplinary	research	conducted	by	the	Strathclyde	Centre	for	Environmental	 Law	 and	 Governance	 (SCELG)	 seeks	 to	 address	 real-world	 knowledge	gaps	 in	partnership	with	government	 institutions,	NGOs,	private	 institutions	and	 local	communities.	Our	researchers	hold	considerable	expertise	in	the	field	of	national,	EU	and	international	environmental	law,	with	regard	to,	among	others,	biodiversity,	land,	food	and	agriculture	climate	change	and	energy,	corporate	accountability,	environmental	jus-tice,	water	and	oceans,	human	rights	and	sustainable	development.	Our	research	could	contribute	to	the	work	by	the	Scottish	Government	on	the	Good	Food	Nation	legislation.	For	more	information	please	visit	our	website:	https://www.strath.ac.uk/scelg/.		          	           We wish to share our research findings in a variety of ways to reach out to different audiences. We not only publish academic books and articles, but also distil our research in a shorter and more action-oriented way for stakeholders (e.g., policy-makers and advocates). Among the latest outcomes of our work are the following working papers, policy briefs and dialogues:   SCELG Working papers C Wambua, Promoting Public Acceptance of Wind Energy Projects in Kenya: Towards a Wind-Wind Solution, SCELG Working Paper 10/2017 LS Lynes, Climate Change Law and Colonialism: Legal Standing of Three Rivers and a Hypothetical Case of Bison Personhood in Canada, SCELG Working Paper 9/2017 SCELG Policy Briefs M Geelhoed, Response to the Public Consultation ‘Environmental Principles and Governance in Scotland’, SCELG Policy Brief 11/2019 M Geelhoed, Response to the Public Consultation ‘Good Food Nation Proposals for Legislation’, SCELG Dialogue 10/2019 SCELG Dialogues F Sindico and K McKenzie, Human Rights Thresholds in the Context of Climate Change: A Litigation Perspective in the Wake of the IPCC Special Report on 1.5˚C or the Week in which Everything Changed…, SCELG Dialogue 7/2018 F Sindico and S Switzer, The Transformation of Environmental Law and Governance: Risk, Innovation and Resilience, SCELG Dialogue 6/2018   Find out more at: https://www.strath.ac.uk/research/strathclydecentreenvironmentallawgovernance/ourwork/latestoutcomesfromourwork/    Like us on Facebook - http://bit.ly/2qt1G6U   Join us on LinkedIn - http://bit.ly/2oVRYsm   Follow us on Twitter - http://bit.ly/2pkxhKj   Visit us on YouTube - http://bit.ly/2oVIrl9 

Response to the Public Consultation on 'Good Food Nation Proposals for Legislation'

https://strathprints.strath.ac.uk/68385/1/Geelhoed_SCELG_2019_Good_food_nation_proposals_for_legislation.pdf

Response to the Public Consultation on 'Good Food Nation Proposals for Legislation'

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