Шотландским министрам предъявлено обвинение в нарушении закона из-за провала по защите морского дна

Scots ministers have been found to have failed in their legal duties to protect the nation's precious seas - after a statutory target for the condition of the nation's seabed to reach the required environmental standard by 2020 was missed and remains unmet. The environmental regulator found that ministers failed to comply with environmental law because monitoring of Scottish waters is inadequate, leaving some areas without enough information to properly assess the health of the seabed. The findings by Environmental Standards Scotland, the public body set up to investigate, monitor, and enforce environmental laws mean there has been a double failure - the legally required 2020 target for achieving Good Environmental Status was not met, while Scotland has also been found to be breaking environmental law over its monitoring of the seabed. The investigation found that monitoring of Scottish waters has declined since 2014, particularly in coastal and offshore areas. It says the 2014 monitoring relied heavily on existing surveys of protected sites and coastal-water monitoring, meaning assessment of seabed habitats was effectively restricted to protected sites and coastal waters out to three nautical miles. The assessment found that when the monitoring programme was updated in 2022, it largely continued the existing 2014 monitoring arrangements rather than introducing additional monitoring covering the full extent of Scottish waters. Scotland's seabed is home to a huge variety of marine life, from seagrass and reefs to fish, shellfish and other creatures living on and around the seabed. These habitats are important for wildlife and help capture and store carbon, but they face pressure from activities including bottom-towed fishing, oil and gas development, renewable energy projects and fish farming, as well as climate change. In 2024, ministers proposed new restrictions on bottom trawling and other fishing gear in 20 marine protected areas, including full bans at five sites, while at the time environmental campaigners raised concerns about damage to seabed habitats. And four years ago an alliance of more than a hundred organisations supported a 'save our seas' campaign to force the government to halt the dramatic decline of cod described as a "national disgrace". The ESS study has found that monitoring efforts in Scottish waters have declined since 2014, while recommendations from conservation bodies for additional monitoring have not been implemented. The assessment seen by The Herald says that, despite longstanding gaps in the information available, the Scottish Government has not put in place the additional monitoring needed. Marine minister Jim Fairlie said they were considering the findings and recommendations and would be "working closely" with ESS. ESS chief executive Mark Roberts said the assessment "must serve as a wake-up call for Scottish ministers". He said he welcomed a Scottish Government response, that they will "engage constructively with us to agree an appropriate action plan to address our recommendations by the end of the year". He added: "The facts remain the same: without swift, decisive action, achieving good environmental status for seafloor integrity will remain out of reach and the legal duties of the Scottish ministers will remain unmet.” ESS found that the failure to monitor Scottish waters properly amounted to a breach of Regulation 13 of the Marine Strategy Regulations 2010. Read More: - 'Disaster': Bid to halt new Scots taxpayer-backed gas power plant as pollution ratings soar - Ministers ‘misled’ on environmental impact of new power plant - Legal battle looms of Scots gas power station The latest assessment of the health of the UK's seas could not assess a number of indicators relating to the seabed in Scottish regions because monitoring had been reduced. ESS says that meant Scotland's monitoring programmes were not good enough to meet the requirements of environmental law. The analysis says: “There are systemic shortfalls that have led to a sustained inability of Scottish monitoring programmes to provide information that enables a comprehensive, evidenced-based assessment of seafloor integrity status against GES [Good Environmental Status] targets.” The assessment found that the number of areas in which seabed indicators could be assessed in 2024 had fallen compared with 2019, with the report saying this was linked to a general reduction in monitoring and limited new data from Scotland, where programmes needed to assess most of the relevant indicators had stopped. Several Scottish regions were subsequently classified as “unassessed” for indicators covering habitats including seagrass, saltmarsh and rocky shores. The latest assessment also said that limited data and scientific evidence meant it was not possible to undertake a fully integrated assessment of seabed habitats, with the overall conclusion that the required standard had not been met based on expert opinion. The regulator has told ministers to improve monitoring of Scottish waters, publish a timetable for outstanding measures and show when they are expected to help improve the condition of the seabed. Ministers have also been told to agree a formal plan with the ESS to address the failings, including steps to improve monitoring and ensure measures are sufficient, within six months. The assessment said the Scottish Government has been aware of the gaps but has not developed the extra monitoring required to fill them. The result is that some areas cannot be properly judged. And ESS says that also means ministers cannot establish whether measures designed to improve the condition of the seabed are actually working. The assessment says: “Consequently, the effectiveness of any measures in delivering progress towards GES for seafloor integrity is also unknown because the status of benthic habitats cannot be assessed sufficiently.” Under the UK Marine Strategy, targets were set to maintain and restore seabed habitats so that they reached the required standard for a healthy marine environment by 2020. The latest assessment found that the required standard for the condition of the seabed had not been achieved by that deadline and there is no revised deadline for achieving it. The assessment examined nine indicators of seabed condition, with three meeting the required standard, three partly meeting it or assessed in only one area, and three failing to meet it. Some Scottish areas could not be assessed because there was not enough information. The watchdog also found that Scottish ministers had not effectively discharged their duty under Regulation 4 to take the necessary measures to achieve or maintain the required environmental standard for the seabed. ESS found repeated delays and partial implementation, with no clear evidence that ministers had established whether existing measures were sufficient or whether more action was needed. It says Government's plans, introduced in 2015 and updated in 2025, also gave limited detail about how individual measures would work in practice and what contribution they would make towards improving the seabed. They conclude that the Scottish Government's approach “does not provide the necessary assurance" that measures "are sufficient to support achievement of GES for seafloor integrity.” The ESS also identified what it described as “fragmented responsibilities, weak accountability, and insufficient integration of marine objectives across policy areas”, which it said had “affected delivery and achievement of GES for seafloor integrity”. It added: “There are weaknesses in governance arrangements, together with inconsistencies in how the Scottish ministers have implemented their duty to have regard to the marine strategy under Regulation 9.” The marine minister said: “Scotland’s rich marine environment is a vital natural asset, and the Scottish Government is determined to keep working hard towards safeguarding it for future generations. “That’s why we have a range measures in place to support the protection and restoration of it and will keep working hard to drive progress. We are fully considering the report’s findings and recommendations and will be working closely with ESS.”