Memorandum submitted by the Joint Nature
Conservation Committee (Appendix 34)
Most of the provisions in the draft Bill regarding
the JNCC reproduce those changes to be made shortly to the Environmental
Protection Act 1990 through the Regulatory Reform (Joint Nature
Conservation Committee) Order 2005, which is expected to be made
on 3 March 2005. These provisions will allow the JNCC to operate
more efficiently and effectively, eg by allowing the JNCC to employ
its own staff, to set up a company limited by guarantee, and to
receive direct grants from the Secretary of State. The changes
have arisen from a comprehensive review of the JNCC to which Government
responded in November 2002, and have received our full support
throughout the Regulatory Reform Order process.
We particularly welcome the provisions in the
draft Bill that would enable other proposed changes arising from
the review of the JNCC to be fully implemented as follows:
EXTENDING APPLICATION
OF THE
SPECIAL FUNCTIONS
FROM GREAT
BRITAIN TO
THE UNITED
KINGDOM AND
ASSOCIATED CHANGES
TO THE
MEMBERSHIP OF
THE JOINT
COMMITTEE AND
FUNDING ARRANGEMENTS
The JNCC already undertakes many of its advisory
functions on a UK-wide basis through the involvement of Northern
Ireland bodies. The proposed changes would extend and formalise
these arrangements, and would place all of the UK nature conservation
bodies on an equal footing in relation to their participation
in the work of the JNCC. The changes would ensure that advice
provided to the UK Government on matters that concern the UK as
a whole takes full account of the Northern Ireland dimension,
would enable Northern Ireland members of the Committee to contribute
as fully to the decisions of the Joint Committee as its other
members, and would require common standards relating to nature
conservation to be set at the UK, rather than the present GB,
level. The Bill's provisions will also enable the financial support
to the JNCC provided by Northern Ireland to be determined on a
more equitable basis.
INCREASING THE
NUMBER OF
INDEPENDENT MEMBERS
OF THE
JOINT COMMITTEE
The revised composition of the Committee arising
from this change would provide a better balance between the representation
of country agency and independent views. It would also enable
the JNCC to strengthen its advice through an increased breadth
of perspective and range of scientific expertise.
SUSTAINABLE DEVELOPMENT
We are supportive of the proposed requirement
for the Joint Committee to provide its advice in the context of
sustainable development. The JNCC's strategy reflects this approach
and the change would align the Committee's obligations in this
respect with those of the Integrated Agency and the other nature
conservation agencies represented on the Committee.
In summary, the JNCC welcomes the provisions
in the Bill. The proposed changes would enable the JNCC to deliver
its special functions more efficiently and effectively. They would
facilitate implementation of the JNCC's new strategy, and enable
the JNCC to better support Government targets and priorities at
international, UK and country levels by providing high-quality
scientific advice.
ADDITIONAL MATTERS
There are two additional matters which potentially
or directly relate to the Joint Committee which it may be appropriate
to take forward through the Bill:
Landscape functions
The provisions relating to the Integrated Agency
would, if enacted, mean that all the country conservation agencies
in the UK would have landscape functions, but without provision
being made for advice to Government on landscape issues in relation
to the UK as a whole or internationally. Nature conservation in
the UK and elsewhere is inextricably linked with the conservation
and management of the environment as a whole. A difficulty currently
exists that JNCC is unable to give UK advice on issues that combine
a nature conservation and landscape perspective but must confine
itself to the nature conservation element of these, leaving it
to the country agencies to contribute, separately, advice on landscape
issues from their individual country perspectives. A way forward
may be to provide JNCC with an enabling power to advise on landscape
issues which affect the UK as a whole or internationally in the
circumstances where the Committee, or Ministers, consider this
desirable.
The name of the statutory committee
The Joint Committee will shortly be establishing
a company limited by guarantee under the Regulatory Reform (Joint
Nature Conservation Committee) Order 2005 and is currently considering
the future name of the company. There is a desire to have a short
name that succinctly describes the role and remit of the organisation.
To avoid confusion, it would be beneficial for the Bill to rename
the statutory Committee in line with the name selected for the
company. Further discussion is needed before a name is chosen,
in particular to ensure compatibility with the name eventually
chosen for the Integrated Agency.
However, further discussions with the Department
for Environment, Food & Rural Affairs, and with devolved administrations,
will need to be held on these matters.
Joint Nature Conservation Committee
February 2005
|