WITH the Isle of Man’s very special UNESCO biosphere reserve status, it is informative for the island’s policy makers to keep a close eye on environmental law developments in neighbouring jurisdictions.

Earlier this year, Holyrood finalised the Natural Environment (Scotland) Act 2026 which has now received royal assent. This is sweeping legislation to address biodiversity loss and restore nature in Scotland. It introduces statutory targets to enhance nature and protect biodiversity by creating a legal framework for the management and control of various environmental matters. These include maintaining its National Parks, management of deer population, fisheries enforcement and wildlife monitoring in particular tightening up sanctions relating to salmon, fresh water and sea fishing infringements.

In particular, an eye-catching measure the Isle of Man could seemingly adopt without major upheaval is the requirement for swift nest boxes to be placed in all suitable new buildings in the light of the declining swift numbers attributed to modern buildings having much fewer gaps for the birds’ cavity nesting sites. The Natural Environment (Scotland) Act 2026 requires Scottish Ministers to make regulations within 12 months for installation of swift nest boxes in buildings identified within such regulations. This makes Scotland the first UK country to legislate for swift bricks to be used in appropriate new buildings.

Swifts were amongst nine Scottish species reported to be facing national extinction, prompting substantial campaigning by pressure groups such as the RSPB. The Scottish initiative has been welcomed, with the RSPB describing the legislation as the most significant environmental legislation Scotland has seen for a decade.

Locally, the Manx Wildlife Trust recently posted on its social media: ‘Wouldn’t it be wonderful if the Isle of Man did the same as Scotland - made Swift bricks mandatory on all new builds? Such a simple inexpensive measure to help these beautiful birds.’ Ecology Vannin, a consulting arm of MWT, is reported to have already worked alongside a local developer to integrate swift boxes in new builds.

There is also a Manx project called Action for Swifts which is a joint initiative of the Manx Bird Club and Manx BirdLife, seeking initially to identify swift nest sites on the Island with a view to ‘discover more about this enigmatic species and to provide additional nesting opportunities around the island.’

The annual arrival of swifts in May is celebrated in some European settlements as a feelgood moment marking the start of summer. The birds' miraculous migration from Africa coupled with their piercing calls and aerial acrobatics not only enthral, but also emphasise the delicate balancing act needed to preserve habits for these remarkable birds.

The Isle of Man’s environmental rules and regulations do not simply reproduce UK law. For instance, the Wildlife Act 1990 of Tynwald takes account of Manx marine fauna such as basking sharks. In 2016 the Isle of Man became the first whole nation biosphere reserve designated by UNESCO and remains unique in that regard. UNESCO’s biosphere programme centres on conservation, learning and sustainable development.

In its admirable document “Working Together for a Sustainable Future” Biosphere Isle of Man outlines its vision of an island where people and nature combine for a sustainable future. In this election year, it is clear the powers that be should support the island’s unique biosphere status by appropriate decision making. It would be supportive, sustainable and symbolic to see mandatory swift bricks introduced in the Isle of Man without delay.

M&P Legal has partner status with UNESCO Biosphere Isle of Man, is a corporate member of Manx Wildlife Trust and conducts environmental law work in the Isle of Man. The firm is currently involved in one of the largest environmental Court cases the Island has seen. Advocate John Aycock has 35 years’ legal experience across three jurisdictions.

This article is not legal advice, please always take specific advice on the facts of each case.

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