Memorandum submitted by the Royal Society
for the Protection of Birds (RSPB) (DRA 08)
EXECUTIVE SUMMARY
1. The RSPB welcomes this opportunity to
comment on the Draft Regional Assemblies Bill. We consider that
the Draft Bill takes steps in the right direction by providing
a legal framework through which regional assemblies may contribute
to sustainable development. We are also extremely pleased to see
the inclusion of a statutory duty to conserve biodiversity. However,
we believe that the key to sustainable development is the integration
of sectoral interests. For this reason we strongly recommend that
directly elected regional assemblies have an overarching duty
to promote sustainable development—with the requirement
to report on progress made. Processes needed to achieve this include:
— Clear sustainable development objectives.
— Integrated policy-making and audit,
and sustainable development scrutiny of regional bodies.
— Effective community and public participation.
INTRODUCTION
2. The RSPB works for a healthy environment
rich in birds and other wildlife. With over one million members,
we are the largest wildlife conservation organisation in Europe.
We are actively involved in the regional agenda. One of our Regional
Directors was a founding director of the East of England RDA Board
and other staff members sit on four of the Regional Assemblies
(East Midlands, South-East, West Midlands and Yorkshire and Humberside).
We are also actively involved in the regional planning process,
for example, through participation in seven Regional Planning
Guidance Public Examinations and in Sustainable Development Round
Tables, and biodiversity and other regional fora.
3. The RSPB sees the regional level as essential
for ensuring delivery of sustainable development. Considerable
progress has already been made in embedding sustainable development,
including environmental issues, into the current regional framework.
We particularly welcome the statutory duty for Regional Assemblies
to conserve biodiversity, modelled on the duty in s74 of the Countryside
and Rights of Way Act 2000.
4. However, it is vital that the Government's
proposals for regional governance build further on this. The Draft
Regional Assemblies Bill mentions sustainable development, but
the remit given to directly elected regional assemblies is insufficiently
defined. The RSPB believe that this remit must be clarified and
strengthened. In our view, to facilitate this, directly elected
regional assemblies must have:
— Clear sustainable development objectives.
— Integrated policy-making and audit,
and sustainable development scrutiny of regional bodies.
— Effective community and public participation.
A SUSTAINABLE DEVELOPMENT
DUTY FOR
REGIONAL ASSEMBLIES
5. The draft Bill identifies three general
purposes for Regional Assemblies:
— The promotion of economic development;
— The promotion of social development;
and
— The improvement and protection of
the environment.
These powers, together with the requirement
for Regional Assemblies to maintain a balance across the range
of their functions between the needs of present and future generations,
and the requirement to consider the needs of different communities,
are intended to provide a legal framework for Assemblies to work
towards sustainable development in their regions.
6. This is a step in the right direction.
However, two elements are lacking. First, in keeping with the
UK Sustainable Development Strategy, regional assemblies should
have an additional purpose to promote the prudent use and, we
suggest, valuation of natural resources. Second, the key to sustainable
development is integration, bringing the general economic, social
and environmental purposes—and regional strategies—together.
We strongly believe that directly elected regional assemblies
must be given an overarching statutory duty to promote sustainable
development[3]—and
must regularly report progress towards the achievement of this
duty. The precedent has already been set at a local level in the
Local Government Act 2000[4]
7. The duty could be modelled on the requirement
placed on the Welsh Assembly Government, 5 to date the most effective
sustainable development duty placed on a tier of Government in
the UK. We would amend section 121(1) and propose that:
"the Regional Assembly shall promote sustainable
development and, to this end, shall make a scheme setting out
how it proposes to do this in the exercise of its functions." [5]
8. For consistency, sustainable development
itself should be defined nationally, for example, within the proposed
UK Strategic Framework for Sustainable Development. This definition
should be relevant to all Government policies, agencies, departments
and bodies, at all geographic levels. In our recent submission
to the "Taking it on" consultation, the RSPB explained
sustainable development as:
"An approach or pathway to human development
that sustains and enhances the Earth's natural resources and protects
essential systems on which all species, including humans, depend,
in order to achieve well-being, equity, justice and security within
and between generations, locally and globally."
KEY ELEMENTS
OF A
SUSTAINABLE DEVELOPMENT
DUTY FOR
ELECTED REGIONAL
ASSEMBLIES
The statutory sustainable development duty should
be supported by the following key elements:
9. Statutory obligation to develop region-specific
objectives for sustainable development—these would provide
overarching direction for sustainable development in the regions.
It is not clear that the draft Bill's proposal—that regional
assemblies prepare a scheme, having regard to community strategies
and national policies, which acts as the sustainable development
framework for the region—is sufficiently defined to provide
the clear strategic guidance that will be needed. The regional
objectives could be based on or drawn from existing Regional Sustainable
Development Frameworks (RSDFs), with which they should be consistent,
but must also include a rural dimension. The objectives must be
linked to targets and indicators and could be contained in stand-alone
documents (like the RSDFs) or included in Integrated Regional
Strategies/Schemes.
10. Sustainable policy-making and audit—elected
regional assemblies should be required explicitly to consider
the sustainability of all policies, proposals, guidance and decisions
they take. Sustainability appraisals and checklists should be
used to facilitate this and an internal body established to scrutinise
the work of the assembly and provide strategic policy direction
in advance of specific decisions. Regional Spatial Strategies
are already subject to sustainability appraisal. Assemblies should
be charged with championing, coordinating and monitoring progress
towards the regional sustainable development objectives, and disseminating
best practice. Their role as Regional Planning Body should aid
this. They should also be the lead body on cross-cutting issues
such as climate change and on cross-boundary issues. They should
ensure that their structures and activities are transparent and
communicated to the public.
11. Sustainable development scrutiny of
regional bodies—we are pleased that RDAs are to be accountable
to the regional assemblies. This accountability relationship extends
to all RDA objectives—including contributing to the achievement
of sustainable development—not just economic development.
Hence, elected regional assemblies should hold RDAs to account
with regard to the sustainability of RDA strategies, actions and
decisions. Ensuring that regional economic strategies are integrated
or complementary and conform to the statutory regional sustainable
development objectives would be a vital element of this role.
12. Currently the draft Bill states that
when preparing regional economic strategies, assembly RDAs must
have regard to the assembly's scheme and to relevant strategies
adopted by the assembly (including, for example, biodiversity
strategies). We welcome the potential to create favourable conditions
for sustainable development, but feel (as described above) that
the framework must be strengthened.
CONSERVATION AND
THE ENHANCEMENT
OF BIODIVERSITY
13. Biodiversity is integral to sustainable
development. We, therefore, warmly welcome the proposed amendment
to s74 of the Countryside and Rights of Way Act 2000 giving regional
assemblies a statutory duty to conserve biodiversity. The regional
assemblies are well placed to facilitate the delivery of UK Biodiversity
Action Plan and England Biodiversity Plan objectives through the
adoption of policies that embrace sustainable development. In
particular, they are well positioned to contribute to habitat
restoration objectives through the preparation and use of Regional
Spatial Strategies to identify broad locations for environmental
enhancement, including the restoration of habitats and populations.
14. We note that the Bill contains a series
of technical amendments, to ensure that Regional Assemblies are
included in the SSSI notification process. Whilst we think it
likely that Regional Assemblies are S28G authorities, and are
thus bound by the duty on public bodies to take reasonable steps
to further the conservation and enhancement of sites of special
scientific interest, we consider that, for clarity and consistency,
regional assemblies should be included explicitly as a Section
28G body, on a par with local authorities. We, therefore, recommend
the following amendment to the Wildlife and Countryside Act 1981,
detailed in Schedule 9:
— Section 28G (authorities), subsection
3, a new paragraph (bb) "a Regional Assembly"
STAKEHOLDER PARTICIPATION
IN ELECTED
REGIONAL ASSEMBLIES
15. We welcome the proposal that regional
assemblies must encourage and facilitate the participation of
environmental and social partners (through community groups, voluntary
organisations and other bodies) in the exercise of its functions.
We strongly support the draft Bill's suggestion that people with
specific expertise be co-opted onto policy-making and scrutiny
committees, or act as policy advisors to policy-making committees
on specific topics. Relevant bodies from which representatives
could be co-opted include regional Sustainable Development Round
Tables and biodiversity partnerships. We can understand the Government's
desire not to be overly prescriptive in setting out mechanisms
for stakeholder involvement. We do, however, believe that a set
of principles to encourage stakeholder involvement, and to provide
for at least a minimum level of engagement, is likely to be useful.
RDAS' PRINCIPAL OBJECTIVE
SHOULD BE
TO PROMOTE
SUSTAINABLE DEVELOPMENT
16. The RDAs' duty to contribute to sustainable
development offers a major opportunity to integrate the pursuit
of economic, social and environmental objectives. The RDAs' initial
economic strategies included some promising statements on the
importance of the environment. We are concerned, however, that
this initial promise has not always been well reflected in the
RDAs' subsequent delivery plans and actions. As part of the transfer
of responsibility for RDAs to the regional assemblies, RDAs must
be required and strongly encouraged to adopt a more integrated
approach to regional economic issues; bringing together economic,
social and environmental issues. This should be underpinned by
amendment of the Regional Development Agencies Act 1998 and provision
of more detailed Government guidance on sustainable development.
17. The RSPB would be happy to supply the
Committee with any further information required.
3 In line with the commitment given in paragraph 5
of the Government's sustainable development strategy (A better
quality of life: a strategy for sustainable development for the
UK (Cm 4345 published in 1999), which states that "In future,
whenever the government creates a public body, it will consider
whether to include sustainable development in its remit." Back
4
Local authorities have a duty to "improve and promote the
local economic, social and environmental well being of their areas". Back
5
Government of Wales Act 1998 (Section 121) Back
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