Wellbeing and Sustainable Development Bill: consultation

3. Policy background

A Proposed Wellbeing and Sustainable Development Bill

The Scottish Government Policy Programme recognises the duty to protect the interests of future generations. It also recognises that our ability to have a thriving society and economy is derived from the health of the planet.

The 2023-24 Programme for Government progresses this commitment by stating that we must aim to be “…continually improving the way the NPF (National Performance Framework) is used, across government and more widely”. To do this, the government is continuing to explore the development of legislative proposals for a Wellbeing and Sustainable Development Bill, in order to support achievement of the National Outcomes, and to ensure the interests of future generations are taken into account in decisions made today (p.54).^[3] The focus on wellbeing is central to the National Outcomes.^[4]

Alongside the statutory review^[5] of the National Outcomes which is currently underway, we also have an important opportunity to consider how we might embed necessary changes in law. Since this Bill was first announced in the 2021-22 Programme for Government, we have been engaging widely to understand how best to ensure wellbeing and sustainable development are at the heart of all policy and delivery decision making.

The NPF is an internationally recognised wellbeing framework (Annex A), however widespread engagement has told us that the current legal duties need to be strengthened to ensure that we achieve our shared vision for Scotland’s future. We want to consider how we put in place better accountability and support for the NPF to be fully effective in shaping policy and delivery decisions. We also want to encourage a focus on wellbeing, sustainable development and long-term outcomes across all policy making.

The proposed Wellbeing and Sustainable Development Bill is intended to address this challenge and further improve the delivery of the National Outcomes.

We propose to achieve this by:

• defining ‘sustainable development’ in law or regulations
• defining ‘wellbeing’ in law or regulations
• strengthening the existing National Outcomes and sustainable development duties
• extending these duties to explicitly include Scottish Ministers (and any other public authorities for whom this is necessary)

We are also considering setting out the ‘ways of working’ whereby public authorities embed wellbeing and sustainable development in their decisions.

Future Generations:

We recognise that support may be needed in order for public bodies to embed sustainable development as a central organising principle. In this vein, the proposed Bill’s measures may also include the necessary accountability and scrutiny to promote sustainable development, share good practice and inspire the transformation needed. We are keen to learn how we can better ensure that public bodies and those who make policy in Scotland think about the long-term impact of their decisions. What additional accountability and scrutiny would be necessary to achieve the above aims?

National Performance Framework:

The Scottish Government is committed to publishing an implementation plan for the NPF.^[6] This will be informed by evidence, including that gathered during the Review of National Outcomes, and this consultation. The Implementation Plan could support the Bill through several non-legislative measures – such as guidance, tools, and other means to strengthen accountability – to improve the use of the National Performance Framework in policy and delivery decisions. We intend to engage widely on this. This consultation therefore focuses specifically on legislation.