Control and impact of INNS: an analysis of regulatory tools and approaches in Scotland

This report examines the effectiveness of the legislative and regulatory framework governing the control of Invasive Non-Native Species (INNS) in Scotland.

Find questions and answers in regard to the report below.

 
 

Control of INNS report – analytical report – June 2026.pdf

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  • 16 June 2026

What is this report about?

This report examines the effectiveness of the legislative and regulatory framework governing the control of Invasive Non-Native Species (INNS) in Scotland. It considers how the statutory tools available to regulators operate in practice and whether the framework is fit for purpose in supporting current biodiversity objectives.

The report finds that the effectiveness of the regulatory framework could be improved in several key areas:

  1. INNS management in Scotland relies heavily on voluntary cooperation and partnership-based delivery. Statutory powers are used mainly as a backstop, but their effectiveness depends on how clearly and easily they can be applied when needed.
  2. There is uncertainty and inconsistency in how statutory powers are interpreted and used in practice. This includes issues with evidential thresholds, access to land, sequencing of processes and limits on the powers of inspectors.
  3. The current framework lacks a flexible range of enforcement tools to support proportionate, timely intervention. Particularly where cooperation cannot be secured or where action is needed at landscape-scale.
  4. Monitoring and reporting of INNS activity is fragmented which limits transparency and the ability to assess progress against national biodiversity targets and overall policy effectiveness.
  • 16 June 2026

Why should people be interested in this report?

The Scottish Biodiversity Strategy identifies INNS as a key pressure on biodiversity. If Scotland is to meet its ambitious targets for biodiversity, preventing the introduction and spread of INNS and seeking to control its established populations in the country, must be a priority. Across the UK, the number of INNS has increased significantly over recent decades with rising numbers affecting freshwater, marine and terrestrial habitats.

  • 16 June 2026

What areas of environmental law are relevant to this work?

The primary legislative framework governing INNS control in Scotland is set out in the Wildlife and Countryside Act 1981, as amended by the Wildlife and Natural Environment (Scotland) Act 2011. These provisions establish offences relating to the release and spread of non-native species and provide a range of powers intended to enable authorities to prevent the establishment and spread of INNS.

  • 16 June 2026

What has ESS done?

ESS has examined the effectiveness of the policy and regulatory framework governing the control of INNS in Scotland. ESS’ findings and recommendations are based on:

  • evidence gathered from published documents
  • information provided to ESS by NatureScot, SEPA, Scottish Forestry and the Scottish Government through meetings and correspondence
  • further analysis and engagement with stakeholders in Scotland, the UK and internationally following ESS’ public call for evidence undertaken in 2024
  • 16 June 2026

What was the result?

The report concludes that the current regulatory framework for INNS in Scotland is not consistently understood or applied in practice and is therefore not fully effective. It also does not provide a sufficiently flexible or comprehensive range of tools to support proportionate and effective intervention, particularly at landscape-scale.

It further concludes that information on INNS control activity is fragmented and not consistently reported at a national level, limiting transparency and the ability to assess the effectiveness of control measures.

  • 16 June 2026

What happens next?

The report recommends that the Scottish Government update the regulatory framework for invasive non-native species to make it clearer, more consistent and more effective. This includes updating the policy and regulatory framework on applying statutory powers and introducing more proportionate enforcement tools, enabling action at landscape-scale. It also calls for better national monitoring and reporting to improve transparency on activity and outcomes.

ESS has made these recommendations under Section 20 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 and has asked the Scottish Government to agree a plan of remedial action within six months to resolve the issues identified in the report and implement ESS’ recommendations. ESS will use the plan to monitor progress in delivering the recommendations.

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