Environmental Audit CommitteeWritten evidence submitted by Nigel Haywood, Governor of the Falkland Islands

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 sees agendas and minutes of the Environmental Committee but does not typically attend the meetings. The Governor can feed his views to this committee through formal letters or informal conversation with committee members.

The Governor’s position in Executive Council enables oversight of all environmental policy/strategy within the Islands. The Governor has the authority to request Environmental Impact Assessments.

Environmental Mainstreaming Project oversight—The Governor has a place on the Project Oversight Group and attends meetings and contributes to this forum.

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

The Environment is one of 11 priority areas identified in the Islands Plan, which aims to ensure the conservation of the Islands’ environmental heritage and biodiversity and seeks to enhance environmental protection.

The Islands developed a Biodiversity Strategy in 2008, supported by a detailed environmental baseline assessment (State of the Environment Report) which was reviewed in 2012.

The Falkland Islands Government (FIG) has signed up to a number of international agreements in its own right. FIG has committed to achieving the objectives of:

The Kyoto Protocol.

Convention on International Trade in Endangered Species (CITES).

Ramsar Convention.

Conservation of Migratory Species of Animals.

Conservation of Albatross & Petrels (ACAP).

The Islands have been leaders in the development of wind power. The Islands’ six wind turbines provide 40% of Stanley’s electricity. Extensive investments have been made in providing wind power to settlements and individual farms in rural areas—to the extent that most now have 24hr power and with a commensurate reduction in the use of diesel fuels. FIG has recently concluded negotiations with the Ministry of Defence to construct additional turbines to provide power to the Mount Pleasant Complex, further reducing the use of fossil fuels on the Islands.

Environmental funding is low in the context of the overall FIG budget. Total annual funding of c£200,000 (less than 1% of FIG annual budget) includes funding for Falklands Conservation (£70k) and an Environmental Studies Budget (£60k).

The recently formed Environmental Mainstreaming Group is a Forum to further encourage and support “greening” of government and industry.

In 2012 FIG announced the creation of the South Atlantic Environmental Research Institute, along with seedcorn funding to develop the institute over a three year period. The Institute has a high level of political support and is successfully engaging with partners from other OTs, in the UK and the rest of the world.

Reflecting the high priority attached to the environment in the Islands, FIG recently announced that hydrocarbon developments would be required to undertake a detailed “Environmental Case” in support of any proposals put forward. This is a significant step and will enable the Islands to be at the forefront of environmental management of a new hydrocarbons sector. The Government is also actively reviewing its safety and emergency management processes and procedures, which will include environmental protection.

How do you engage with the territory’s government on these issues?

I engage with FIG regularly at a number of levels—through weekly meetings with Members of the Legislative Assembly, weekly meetings with the Chief Executive and Attorney General, and others as appropriate. More formally, I chair the monthly Executive Council. Environmental issues feature as appropriate in these discussions.

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?

There are no specific examples. However planning and EIA legislation is dated, and is a concern as oil exploration progresses. The gap has been identified by FIG and plans are in place to address it.

What pieces of environmental protection legislation remain in draft form in your territory? Is there any draft environmental legislation that has stalled? Have you declined previously to enact any environmental legislation and what were the reasons behind that decision(s)?

The terrestrial Environmental Impact Assessment (EIA) legislation is still in draft, and has not yet been subject to public consultation due to a lack of capacity in FIG (both in Environmental Planning and in Attorney General’s Chambers). I have not declined to enact any environmental legislation.

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?

Such issues are discussed formally at the annual Overseas Territories Joint Ministerial Council, attended by Overseas Territories leaders, UK Ministers and Governors. Otherwise, contact is through Overseas Territories Directorate in the FCO as and when necessary.

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

The Committee system within FIG is transparent and allows the public and NGOs to attend and the Environmental Committee has lay members. All committees are open for the press and public to attend. Agendas and papers are available for public scrutiny three days in advance of each meeting.

The JNCC Environmental Mainstreaming Project is attempting to encourage “green” business and overcome what is perceived to be generally poor environmental practices in much of the private sector (and to some extent within Government).

Falklands Conservation provide independent scrutiny to FIG on environmental issues (though are largely funded by FIG).

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

It is difficult to answer such a hypothetical question. Discipline and removal of public officers is covered by s85 of the Constitution, and the Management Code which it describes. There are no explicit environmental grounds for removal set out in either document.

18April 2013

Prepared 15th January 2014