Hi Everyone –

Updates on our Legal Interventions & Access to Information

Thank you for your messages of support around the recent submission of our Letter of Objection to the Vattenfall section 36 application. We know we have raised powerful arguments in the process, which no decision-maker can properly fail to give due consideration. As earlier explained, this is now part of an ongoing regulatory procedure which allows different perspectives to be put forward and considered. Whether you agree or disagree, this is part of a democratic process that allows those views to be tested. This process has been made more difficult than it needs to be here by the regulatory authorities but we are confident that every argument we have made can be backed up and will withstand scrutiny to allow the Wildcat’s interests to be heard notwithstanding vested interests at work.

However, we also want to underline again the issues both we and our legal team have faced – even as a well-resourced, experienced and relatively informed group – about gaining access to vital information which should be accessible to the public to exercise these democratic rights in an informed and meaningful way. An open and transparent culture around this information would also address many of the points our followers on this site have properly raised. It is separate to merits-based issues – we emphasise that it should not be necessary for Legal Counsel to be appointed to force these disclosures. The Government (and Vattenfall) shouldinstead be proactively living up to these commitments which are central to good environmental governance.The failure to do so only cements our earlier concerns.

As you may be aware, the ability to access suchenvironmental information is a legal right of all citizens to be exercised responsibly. Public authorities also have duties of advice and assistance to help members of the public trying to exercise their information rights. These rights are protected by international law (the UNECE Aarhus Convention and also Human Rights Laws).

Some of the issues being raise in this petition are prime examples about the complex decision-making around environmental issues when competing issues are present and illustrate the importance of these debates to take place in a respectful culture where different views can be expressed freely. It is for this reason that States, including the UK, have signed a Declaration called the Budva Declaration on Environmental Democracy for Our Sustainable Future.

It states that –

“We acknowledge that these challenges cannot be met by any one actor alone. The effective engagement of civil society, including NGOs, academia and other stakeholders, greatly reinforces and complements the ability of Governments to address these problems. Such stakeholders also play a key role in holding Governments to account. Access to information and dialogue with stakeholders is therefore essential. All existing instruments to promote partnerships and leverage the necessary action from all stakeholders, including the innovative science community and the private sector, should also be used to the fullestextent.”

We will, therefore, keep exercising our legitimate rights to stand up for the Scottish wildcat’s interests. We encourage respectful debate on this platform, which focuses on the detail of these issues.

Our Legal Campaign – Next Steps

You can expect to see a number of exciting developments in the coming weeks – we have several complaints lined up to hold the Scottish Government and Vattenfall to account (we will share the details with you as soon as we can without prejudicing those processes).

However, you will see that these complaints will address directly the unarguable assertions made around hybridisation as a justification for ongoing logging. 

2020 is, of course, also a super-year for Nature where it is increasingly acknowledged that the Climate and Biodiversity issues need to be looked at together and the recognition of the importance of Nature Based Solutions to address the inter-locking crisis facing the planet. The world has moved on since Vattenfall conceived the Clashindarroch II project – as an innovative renewable energy company, it’s not too late for them to recognise that.

Keep watching and spreading the word 

Thank you

The Wildcat Haven Team