Board DRAFT Minutes –August 2026

The Board attended a private session.

The Chair welcomed the Board and attendees to the meeting. SG was introduced as the newly appointed Head of New Scrutiny Duties Development. Apologies were received from CS.

MS reported that as of 3 August 2026 she is no longer the acting Chair of the Water Industry Commission for Scotland as a new Chair has been appointed.

The minutes of the previous meeting, held on 7 August 2026, were approved by the Board, subject to minor amendments.

The Board noted the running list of matters arising and actions. MR provided an update on the ongoing steps in relation to ESS’ preparatory work on Artificial Intelligence (AI) and RP provided an update on shared IT service arrangements and ESS’ annual assurance process.

The Chair noted that an invitation had been extended to ESS staff members to attend future Board meetings as observers.

MR provided an update on ESS’ activities since the last Board meeting, highlighting:

• feedback from Scottish Government event regarding Public Service Reform (PSR)
• an update from an Institute of European Environmental Policy (IEEP) UK environmental governance workshop
• updates on the progress of ESS’ new duties recruitment

MR also noted that ESS has been invited to give evidence to the Climate Action Committee in September 2026.

KH provided an update on ESS’ new programme management framework, noting the progress following initial workshops and newly created reporting tools.

Action: MR to present trial organisational reporting dashboard at the October 2026 Board meeting.

The Board noted the updates, and in discussion:

• discussed opportunities for future Board engagement and collaborative working with the Climate Change Committee
• considered the processes for internal legal support during periods of staff absence
• suggested ways to strengthen programme management and align delivery with the Business Plan

Action: ESS to explore opportunities to strengthen engagement between Climate Change Committee representatives and the Board.

MF provided an update on the work of the Audit and Risk Committee (“the Committee”). A revised Code of Audit Practice has been issued by Audit Scotland and the Committee’s co-opted Committee member, Neil Oakley, has been reappointed for a further four-year term.

KL provided a verbal update on behalf of CS, the Sustainability Champion Working Group champion, highlighting:

• outcomes from engagement with peer public bodies on sustainability practices
• updates and actions arising from the most recent Sustainability Champions Group meeting
• progress and next steps relating to ESS’ long-term journey towards achieving net zero targets

MF provided a verbal update from the Equality Champion Working Group, highlighting:

• updates on the next steps arising from the recent culture workshop
• discussion of staff learning and development, with actions agreed to support further training opportunities
• updates and actions arising from the most recent Equality Champions Group meeting

MS provided a verbal update from the Cyber Champion Working Group, highlighting:

• outcomes from the latest Cyber Champions Group meeting, including actions to support ongoing organisational awareness and resilience
• updates on planned internal staff training activities
• discussion of outcomes from engagement with peer public bodies on cyber practices

The Board noted the updates.

MF presented the Committee’s Annual Report to the Board, detailing that in its opinion requirements and assurances have been met for the financial year 2025/26. The Board noted the paper, ESS’ approach to the shared IT service arrangements assurance and discussed the importance of the continued use and development of AI.

Action: RP to present a paper on AI at a future Board meeting to support a dedicated framing discussion.

SG gave a verbal update on his new role as Head of New Scrutiny Duties Development, highlighting emerging strategic risks and potential upcoming challenges. The Board noted the update.

RP presented an update on 2025/26 year-end expenditure and the projected 2026/27 budget. In discussion, the Board:

• noted developments relating to pension contribution arrangements
• considered longer-term financial planning
• considered the judicial review contingency budget and agreed that it should remain ringfenced to support the ESS functions and independence

RP outlined the case for additional resourcing and the proposal for one new additional post, and the separate conversion of a fixed-term post to a permanent contract, within the Investigations Standards and Compliance (ISC) team. The Board considered the proposal, discussed service requirements and resource implications, and approved these two recommendations.

JMcG presented the new casework dashboard, developed with support from KH. The Board thanked the team for its work and welcomed the improved visibility of casework activity and progress. The Board also noted areas for further consideration.

JMcG presented an update on the work of the ISC team, highlighting:

• progress on work relating to the Special Protection Area (SPA) case
• progress on ESS’ work on the Tree Preservation Orders
• the potential for broader thematic pieces arising from individual representations received
• next steps on ESS’ work on environmental governance
• updates on the contaminated land investigation

The Board noted the updates and discussed:

• plans to improve reporting and efficiency
• ongoing work to strengthen legal capability and maintain access to specialist advice

NL provided an update on the work of the Strategy and Analysis team, highlighting:

• the publication of the Invasive Non-Native Species (INNS) and Sea Floor Integrity reports and subsequent stakeholder engagement
• engagement with the Scottish Government regarding delivery against the Combined Sewer Overflow (CSO) report recommendations
• engagement with Scottish Environment Protection Agency (SEPA) and Scottish Water regarding implementation of the CSO report recommendations
• collaboration with ISC on the water quality work
• early-stage work to scope the new resources priority

The Board noted the updates and in further discussion:

• considered opportunities to enhance the visibility of work and progress through dashboard reporting
• noted that recent wildfires further emphasised the importance of climate adaptation as well as mitigation
• highlighted the importance of continued engagement and learning from peer public bodies across the UK on common environmental topics under consideration (e.g. resources)

Action: NL to organise a presentation to the Board regarding learning from observing the Programme Advisory Group developing proposals for the Natural Environment (Scotland) Act targets.

RD presented the proposed Board meeting dates for 2027 and advised members to notify KL of any scheduling conflicts.

Dr Richard Dixon

Chair, Environmental Standards Scotland

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