Culture Counts Response to the Well-being and Sustainable Development Bill
We are supportive of the Well-being of Future Generations (Wales) Act but would like to see culture better represented within the proposals for a Wellbeing and Sustainable Development Bill for Scotland as it can play a significant role in influencing attitudes, behaviours, values, and practices that contribute to individual and collective well-being, as well as sustainable development outcomes.
1. Is a statutory definition of 'wellbeing' required?
YES
2. Do you have any views on how ‘wellbeing’ can be clearly defined in legislation?
Whether a statutory definition of 'wellbeing' is required will depend on the agreed objectives of the legislation but it would be beneficial for providing clarity and consistency and a shared understanding of its meaning. This would be particularly useful within the legal context of the Bill and particularly as well-being is proposed as a guiding principle.
The ability for flexibility would be useful to enable adaptation in response to future developments over time.
A ‘wellbeing’ definition should include multiple definitions such as physical health, mental health, social and economic security, environmental quality, cultural access etc.
Important to ensure that the definition of ‘wellbeing’ is inclusive and equitable through considering the needs and perspectives of diverse populations.
It will be important for a definition to align with existing frameworks, guidelines, or standards related to health, human rights, sustainable development etc.
It would be useful to include measurable indicators or criteria that can help assess and evaluate wellbeing outcomes.
Incorporating culture into the Bill would recognise its integral role in shaping human well-being and social cohesion. The Bill could include provisions that uphold and protect cultural rights, including the rights of individuals and communities to freely practice, preserve, and express their cultural identities and traditions. It could promote meaningful participation of diverse cultural groups in decision-making processes related to well-being and sustainable development.
3. Is a statutory definition of ‘sustainable development’ required?
YES
4. Do you agree with our proposal that any definition of sustainable development should be aligned with the common definition: “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”?
YES
5. Do you have other views on how ‘sustainable development’ can be clearly defined in legislation?
Aligning a definition of sustainable development with the common definition would provide a clear and widely accepted framework for understanding and implementation and would emphasise the importance of balancing economic, social, cultural, and environmental considerations to ensure that activities and actions do not deplete or degrade resources to the extent that current or future generations are unable to meet their own needs.
As with defining ‘well-being’ it is important to recognise it also has multiple definitions and encompasses environmental, social, cultural, and economic dimensions.
It is important to ensure that the definition of ‘sustainable development’ is inclusive and equitable by considering the needs and perspectives of diverse populations.
Incorporating a statutory definition of ‘sustainable development’ could help integrate sustainability into various sectors, strategies, and policies, fostering a more holistic approach to policy and decision-making.
Other international frameworks, agreements, or treaties that include commitments to sustainable development should be considered such as the UNESCO MONDIACULT Declaration for Culture 2022.
It would be useful to include measurable indicators or criteria that can help assess and evaluate sustainable development outcomes.
Incorporating culture into the Bill would recognise its integral role in environmental stewardship. Integrating cultural perspectives, values, and practices into legislation can promote a more holistic and inclusive approach to sustainable development that resonates with diverse cultural contexts and aspirations.
The Bill could foster cultural innovation and creativity as drivers of sustainable development. It could support initiatives that harness the creative potential of cultural industries, arts, and innovation ecosystems to address social, environmental, and economic challenges and promote inclusive growth.
6. What future wellbeing issues or challenges do you think legislation could help ensure we address?
Legislation could play a crucial role in addressing future wellbeing issues and challenges by setting standards, regulations, and frameworks that promote the welfare of individuals, communities, and societies.
The Bill could recognise and celebrate cultural diversity as a fundamental aspect of well-being and sustainable development. It could acknowledge the importance of preserving and promoting cultural heritage, traditions, languages, and practices as valuable contributions to social cohesion, identity, and resilience.
Future wellbeing issues or challenges that legislation could address include:
the growing challenges related to mental health by implementing policies that improve access to mental health services, reduce stigma, and promote mental wellbeing in workplaces, schools, and communities.
addressing the impacts of climate change on health and wellbeing including regulations promotion of good practices clean energy, protect natural resources, and mitigate the health risks associated with pollution and climate-related disasters.
health and socio-economic inequalities.
supporting community wellbeing and social cohesion by promoting policies that strengthen social connections, support community engagement.
supporting international cooperation.
7. We are aware that the term ‘sustainable development’ has been set out in various legislation of the Scottish Parliament since devolution in 1999, and that careful consideration will need to be given to how any new definition will impact on these. What impact, if any, would the proposed definition have on other areas of legislation?
The impact on other areas of legislation would depend on how it is formulated, implemented, and integrated within the broader legal and policy framework.
A revised or refreshed definition of ‘sustainable development’ could promote alignment and consistency across different areas of legislation by providing a clear and unified understanding. This could help ensure that sustainable development principles are integrated into different policy areas, such as environmental protection, economic development, cultural provision, social welfare, and urban planning etc.
There is potential to encourage policy integration and coherence by promoting cross-sectoral collaboration and coordination which would be of particular benefit for the culture sector.
The proposed definition of ‘sustainable development’ could have implications for meeting existing international obligations and commitments.
With reference to UNESCO, they have identified that culture underpins all 17 of the Sustainable Development Goals, should not be considered as a policy domain in isolation from other policy areas and aims to promote the mainstreaming of culture within the sustainable development agenda. (Inter-Agency Platform on Culture for Sustainable Development (IPCSD) | UNESCO)
Strengthening duties for the National Outcomes and sustainable development
8. How should a legal duty be defined to ensure that public authorities uphold sustainable development and the interests of future generations?
Defining a legal duty to ensure that public authorities uphold sustainable development and the interests of future generations would require clear expectations and accountability mechanisms. By addressing these considerations, a legal duty to ensure that public authorities uphold sustainable development and the interests of future generations could be effectively defined and implemented, contributing to more sustainable and resilient practices that promote the well-being of current and future generations.
The legal duty should include which public authorities are subject to the duty and the specific activities or decisions covered. This could encompass a wide range of government functions, including policy development, planning, regulation, procurement, and decision-making processes.
The legal duty should outline the obligations and responsibilities of public authorities including requirements to integrate sustainability considerations into decision-making processes, to assess the long-term impacts of policies and projects, and to prioritise measures that promote environmental protection, social equity, and economic resilience.
The legal duty should establish accountability mechanisms to ensure that public authorities fulfil their obligations and responsibilities including reporting, monitoring, evaluation, and enforcement.
The legal duty should be enforceable and set out processes for non-compliance.
Public authorities will need the necessary resources, capacity building, and support to fulfil their obligations including training and guidance as well as communications to raise public awareness and understanding of the legal duty, its objectives, and implications.
9. Are there specific areas of decision making that should be included or excluded from the Bill?
The bill should include key policy areas such as environmental protection, planning, healthcare, culture, economic development, education etc where decisions have significant impacts on well-being and sustainable development.
The bill should promote cross-sectoral integration by including decision-making processes that cut across multiple policy areas to ensure a holistic approach to addressing complex challenges.
The bill should focus on decision-making within the public sector, particularly by government agencies and public authorities.
The bill should seek to engage the private sector in promoting well-being and sustainable development such as in corporate social responsibility, sustainability reporting, green procurement, and incentives for businesses to adopt sustainable practices.
The bill should consider local decision making and how it relates to communities. It should consider local contexts and priorities to ensure that decision-making processes are tailored to the needs and circumstances of different communities, recognising there are regional differences in well-being indicators, environmental conditions, and socio-economic factors which will help to promote inclusive and equitable development.
The bill should generally exclude decisions related to individual lifestyle choices and personal freedoms that do not have significant public policy implications.
The bill should be flexible and adaptable to accommodate emerging issues and changing priorities related to well-being and sustainable development. Regular reviews and updates to ensure that the legislation remains relevant and responsive to evolving challenges and opportunities would be useful.
10. What issues, if any, may result from strengthening the requirement to have regard to the National Outcomes?
While strengthening the requirement to have regard to the National Outcomes could encourage participation, support delivery, and promote a more coherent and integrated approach to policymaking and service delivery, there are potential issues and challenges that may arise to ensure effective implementation and meaningful impact.
Inconsistent interpretation and application of the outcomes across different sectors and organisations may result.
Conflicts may arise where they don’t align with sectoral priorities or needs.
The need for increased accountability and monitoring mechanisms.
There may be a requirement for additional resources, including staff time, training, and funding, to ensure effective implementation particularly on times of budgetary constraints.
Additional legal and regulatory burdens imposed on public bodies, particularly if compliance is mandated through legislation or regulation, leading to administrative complexity and bureaucratic hurdles that hinder effective decision-making and implementation.
Reduced flexibility in decision-making processes could limit innovation and creativity in addressing complex societal challenges.
Capacity issues revealed in terms of data collection, analysis, and performance measurement which requires additional support to develop skills and infrastructure.
11. Should any duty apply to the Scottish Government?
Duties applied to the Scottish Government would ensure accountability, transparency, and alignment with public policy objectives in their duty to serve public interest. It would lead by example in promoting specific values or goals and demonstrates its commitment to upholding those.
Applying duties to the Scottish Government would ensure that its actions align with broader policy objectives, such as promoting sustainable development, protecting human rights, or advancing social justice. This would help achieve greater coherence and integration working across government departments and functions.
12. Do you have any views on the range and type of organisations that any duty should apply to?
The duty should be inclusive encompassing a diverse range of organisations that have the capacity to influence well-being and sustainable development outcomes. Collaboration, partnership, and collective action across different sectors and stakeholders are essential for achieving meaningful and lasting impact in advancing these shared goals.
It's important for the duty to apply to a broad range of public sector organisations, including government departments, agencies, local authorities, and public bodies to ensure they are accountable for promoting well-being and sustainable development.
The duty could also apply to certain private sector entities, particularly those that have significant impacts on well-being and sustainable development. Holding these entities accountable for their social, environmental, and economic impacts could help drive positive change and promote corporate responsibility.
Nonprofit organisations, charities, and other groups often play a vital role in promoting well-being and sustainable development through advocacy, service delivery, and community engagement. Encouraging voluntary compliance could help leverage expertise, resources, and networks to advance shared goals.
Educational institutions could contribute to well-being and sustainable development through curriculum development, research, and community outreach.
The duty should recognise the crucial role of community-based and grassroots organisations in driving local initiatives and solutions to promote well-being and sustainable development. Providing support, resources, and recognition to these organisations could empower communities to take ownership of their well-being and contribute to broader sustainability goals.
Defining ways of working
13. Do you have any views on how we can better report the achievement of wellbeing objectives which supports clear accountability and scrutiny of public bodies in Scotland?
Improving the reporting of well-being objectives to support clear accountability and scrutiny of public bodies in Scotland will require a comprehensive approach that emphasises transparency, consistency, and stakeholder engagement.
Establish mechanisms for performance evaluation and review to assess progress toward well-being objectives objectively. This could involve independent evaluations, audits, or reviews conducted by oversight bodies, parliamentary committees, or external experts.
Sharing reporting across agencies where information is already being gathered such as within funding agreements and/or develop standardised reporting formats and templates to ensure consistency in reporting across different public bodies.
Important to establish benchmarks.
Enhance data accessibility by making information related to well-being objectives readily available to the public through publishing data on government websites, creating online dashboards, and providing tools for data visualisation and analysis.
Potential to make better use of the National Outcomes reporting framework.
Provide capacity building and training for those responsible for reporting on well-being objectives including training on data collection and analysis, reporting methodologies, and communication strategies to effectively convey findings to stakeholders.
Important to continuously review and improve reporting processes based on lessons learned and feedback from stakeholders.
Important to incorporate cultural indicators into frameworks for measuring well-being and sustainable development.
14. What additional steps are needed to ensure collaboration and working across boundaries?
Ensure that all stakeholders involved in collaboration share a common understanding of goals and objectives.
Foster an environment of mutual trust, respect, and openness among stakeholders by promoting transparent communication, active listening, and empathy. Encourage dialogue and relationship-building activities that help build trust and strengthen partnerships over time.
Clearly define the roles, responsibilities, and contributions of each stakeholder involved in collaborative efforts. Establish mechanisms for decision-making, coordination, and accountability to ensure that all stakeholders understand their roles and obligations.
Ensure that collaborative processes are inclusive and representative of the diversity of stakeholders and perspectives involved. This requires proactively engaging marginalised or underrepresented groups to ensure their voices are heard and needs addressed.
Create opportunities for cross-sectoral dialogue and knowledge exchange to facilitate understanding and collaboration among stakeholders from different sectors, disciplines, and backgrounds.
Invest in capacity-building initiatives to enhance the skills, knowledge, and capabilities of stakeholders involved in collaborative efforts including training.
Ensure that adequate resources, including funding, staff, time, and expertise, are prioritised to support collaborative initiatives effectively.
Establish monitoring and evaluation mechanisms to track the progress, outcomes, and impacts of collaborative efforts.
Foster a culture of continuous learning and adaptation among stakeholders involved in collaborative efforts.
The Bill could promote cultural diplomacy and collaboration as strategies for advancing well-being and sustainable development goals internationally. It could support cultural exchange programs, partnerships, and collaborations that promote mutual understanding, intercultural dialogue, and solidarity among diverse cultures and communities.
15. Do you have any views on whether any duty related to ways of working could create conflicts with duties currently placed on you?
Duties related to ways of working could have potential conflicts with existing responsibilities such as in the management of resources, staff capacity, staff knowledge, stakeholder expectations or potential contradictions with new or existing legal or compliance obligations.
16. Do you have any views on the additional resource implications necessary to discharge any wellbeing duty in your organisation?
Implementing a wellbeing duty within an organisation could require additional resources including financial resources to fund initiatives to support staff wellbeing, the need for suitably experienced HR staff or access to appropriate legal advice, time and capacity, access to online platforms, infrastructure improvements, improved communications to increase awareness.
In addition, resources may be impacted through the need to manage collaborations and partnerships, to evaluate adequately and there may be impacts on strategic planning.
Determining an approach to future generations
17. Should Scotland establish an independent Commissioner for Future Generations?
YES
18. In what ways could an independent Commissioner for Future Generations increase the accountability, scrutiny and support for decision making?
Like the Welsh model, establishing an independent Commissioner for Future Generations in Scotland could play a crucial role in increasing accountability, scrutiny, and support for decision-making by advocating for long-term interests, providing oversight and guidance, monitoring progress, advocating for legal rights, fostering collaboration, and promoting public awareness and engagement.
Advocate for policies and decisions that prioritise the long-term interests of future generations over short-term gains.
Advocate for the rights of future generations within the legal system, ensuring that their interests are adequately represented in court cases, legislative debates, and policy discussions.
Provide impartial scrutiny of government policies, legislation, and projects to assess their potential impacts on future generations. This could help hold decision-makers accountable for considering the long-term consequences of their actions.
Provide advice and support to public bodies and others.
Raise awareness among policymakers, businesses, and the public about the importance of considering future generations in decision-making processes. This could lead to greater understanding and support for sustainable practices and policies.
Demonstrate Scotland's commitment to well-being and sustainable development, setting an example for other regions and countries to follow.
However, this role would need a clearly defined mandate with adequate authority to exert powers or influence change, financial resources, staffing, and administrative support. It would need to ensure it does not duplicate efforts or create conflicts with existing bodies.
19. Are there alternative ways we can increase the accountability, scrutiny and support for decision making
Improving transparency in decision-making processes by making information, data, and documents related to government policies, projects, and expenditures readily available to the public.
Encouraging public participation in decision-making processes through mechanisms such as citizen assemblies, participatory budgeting, town hall meetings, and online platforms etc for feedback and consultation to ensure that diverse perspectives and voices are heard and considered in the decision-making process.
Conducting mapping, impact assessments, including environmental, social, cultural, and economic impact assessments, to evaluate the potential consequences of government policies and initiatives.
Facilitating collaboration and partnerships among government agencies, organisations, businesses, academia, and community groups to address complex challenges and opportunities collectively.
Enhancing legal and regulatory frameworks to establish clear rules, standards, and procedures for decision-making, accountability, and transparency.
Providing training, capacity-building programs, and technical assistance to those involved in decision-making processes.
Supporting media freedom to hold government officials and decision-makers accountable for their actions and decisions.
Establishing mechanisms for evaluating and learning from past decisions and experiences to improve future decision-making processes.
Lori Anderson, Director
Culture Counts