Environmental Audit CommitteeWritten evidence submitted by George Fergusson, Governor of Bermuda

Thank you for your email to me, along with the Governors of other Overseas Territories, enclosing a questionnaire about the role of Governors in dealing with environmental matters. I am attaching the questionnaire completed in respect of Bermuda.

You will see from the responses that Governors’ constitutional roles vary considerably across the Territories. In the case of Bermuda, the Governor’s formal constitutional role is limited to matters of national security, police, defence and international relations, together with a role in some important appointments, some of which, like that of the Ombudsman, can become involved in environmental matters. But for the most part responsibility for environmental matters is devolved to the elected Government. As a result, some of the answers to the questionnaire end up being more a matter for the Government of Bermuda than for the Governor. I have answered the questions as fully as I can, nonetheless, and hope they are of use to the Committee.

Bermuda is one of the most advanced Overseas Territories. Its constitution was adopted in 1968 and was designed to be a stepping stone towards independence. Unlike other Overseas Territories the Governor has no role in Cabinet or Legislative Assembly proceedings. He has the same special responsibilities (external affairs, defence, including armed forces, internal security and the police) but must work in collaboration with the relevant Minister to accomplish his goals. As the Governor does not sit in Cabinet he is kept informed of policies outside of his responsibility through Cabinet Papers, and is provided a copy of all papers which are presented to Cabinet. He also receives a copy of the minutes of Cabinet meetings following each meeting.

1. What role do you have in regards to the environment in your territory, both in terms of overall strategy and on particular developments/projects in the territory?

The Governor only has direct involvement in environmental projects if it is something which the UK Government is involved in, for example by a potential implication for international obligations and conventions, or if there is a project which cuts across his special responsibilities as set out in the constitution. Environment is a devolved responsibility of the Government of Bermuda. As such the Governor does not have any involvement in the development of overarching strategies for the environment. If there is an environmental project which involves international obligations Government House uses its excellent relationships with the Bermuda Department for Environment, the Minister and Permanent Secretary, to discuss the project or development and to help provide guidance and assistance. The cooperation has worked very well with projects such as the Sargasso Sea initiative being very much discussed between Government House and the Bermuda Department for Environment. The Governor also has an informal role through asking questions and making suggestions.

2. How much of a priority is the environment and sustainable development to the government of the territory?

The Government of Bermuda sees the protection of its natural environment as very important but this question is primarily a matter for the Bermuda Government itself. There are many Acts which protect the environment and promote sustainable development, including:

Protected Species Act 2003
Endangered Animals and Plants Act 2006
Water resources Act 1975
Clean Air Act 1991
Bermuda National Parks Act 1986

The Department for Conservation Services works to monitor and protect the environment. The Government of Bermuda signed up to be part of the first commitment period of the Kyoto Protocol and were asked to take part in the second. They have agreed in principle.

(a) Are there any particular examples of where developments/projects have proceeded which would damage the environment, and what if any input did you make in such cases?

The Governor appoints a number of senior officials within the Civil Service who work to oversee the work of government. One of these appointees, the Ombudsman, has investigated Special Development Orders (SDOs) in Bermuda for compliance with the UK Environment Charter. A copy of the special report, which was in some respects critical, can be found at www.ombudsman.bm. Bermuda signed up to the Charter in 2001 but has not followed it invariably in relation to large developments on the Island. As mentioned previously, when the Cabinet papers are seen in Government House it is possible for the Governor to raise an issue or offer help on a planned project. But we have no power to intervene unless it crosses one of the Governors special responsibilities.

3. What pieces of environmental protection legislation remain in draft form in your territory?
(a) Is there any draft legislation that has stalled?

We are not informed of draft legislation and its progress. This query would be better raised with the Government of Bermuda. Draft legislation is taken to the Cabinet before it is put forward to the House of Assembly.

(b) Have you declined previously to enact any environmental legislation and what were the reasons behind that decision(s)?

As far as we are aware the Governor of Bermuda has never refused to enact any Environmental Legislation. It is not in his power to do so unless it would breach the UK’s international obligations.

4. What is the nature and frequency of your contact with UK government departments and UK Ministers on environmental or economic development issues in the territory?

When necessary we interact with the Foreign & Commonwealth Office (FCO) and the Department for Environment Food and Rural Affairs (Defra) on matters pertaining to the environment in the Territory. Ministers from Defra attended the Joint Ministerial Council hosted by the FCO which was attended by representatives from OT Governments. They were able to talk to the Territories and Governors about the environment and climate change. Most recently we have had contact with them over the Sargasso Sea initiative being put forward by the Government of Bermuda and the Sargasso Sea Alliance. Defra have been very involved and provided representation at international conferences and fora for the project. We have also begun work on an environmental mainstreaming project. This FCO-funded project which is managed by the Joint Nature Conservation Committee has been successfully piloted in the British Virgin Islands and the Falkland Islands. It aims to encourage elected representatives, civil servants and the private sector to consider environmental impact in decision-making across the board.

5. What scrutiny mechanisms are in place in your territory to hold the territory Government to account for their environmental practices?

See comments on the role of the Ombudsman under question 2a. Bermuda MPs can and do raise issues in the House of Assembly: there is an active civil society with a range of environmental organizations; and the media is active on environmental matters.

6. Given your role in regards to standards in public office, on what environmental grounds would you seek to remove territory government officials from office?

The Governor only appoints a small number of senior officials and has no role in appointing any other civil servants. The dismissal of any government official would be resolved through normal disciplinary procedures and the Government of Bermuda would be best placed to answer this question.

The Governor’s Office and the Office of the Deputy Governor in Bermuda help support environmental projects where they can. Bermuda has recently benefitted from funding through the Darwin Plus Initiative and in the past has been a recipient of funding through the Overseas Territories Environment Programme. Government House keeps in touch with many environmental organisations and projects, providing support either through use of the House for events or through patronage at events. We continue to look for other ways to help environmental projects.

18 April 2013