Environmental Audit CommitteeWritten evidence submitted by Adrian Davis, Governor of Montserrat
1. Thank you for your letter of 25 March.
2. Environment conservation and protection is a devolved responsibility on which the Government of Montserrat (GOM) takes the lead. Environmental issues and the need for legislation etc. would generally be decided in Cabinet and I chair discussions in Cabinet.
3. The Governor’s office has provided £10,000 to help with the establishment of an environmental programme by Coral Cay Conservation http://www.coralcay.org/expedition-locations/montserrat/. There is also an on-going project on preserving the mountain chicken funded by the Durrell Wildlife Conservation Trust http://www.durrell.org/animals/amphibians/mountain-chicken/
Under the Darwin Initiative, a project was completed to designate the Centre Hills as a national park. Like other Overseas Territories, Montserrat is eligible to apply for project funding from the Darwin Plus Challenge Fund.
4. The issue of how much priority is given to the environment is a question that should be addressed to the Government of Montserrat. I engage as necessary via my chairmanship of the Cabinet. I would simply note that the implementation of a Strategic Growth Programme (SGP), which is being agreed with DFID, is Montserrat’s highest priority. This consists of the development of geo-thermal energy, improved access by air and sea, the construction of a port and breakwater and the re-installation of a fibre optic cable. Discussions are ongoing between the UK and Montserrat Governments about how the SGP will be funded. Project design has fully taken on board the need to conduct environmental impact appraisals and to ensure adequate public consultation as required by existing legislation.
5. On environmental legislation, the Conservation and Environmental Management Bill remains in draft form. The latest draft of the Bill was submitted to the Ministry of Housing, Agriculture, Lands and the Environment (MAHLE) on 2 April 2013 for review and distribution to the relevant stakeholders. Once the draft Bill is deemed satisfactory, the next step will be submission to Cabinet. There is currently no stalled draft environmental legislation. Additionally, there is no record of any environmental legislation for which enactment has been declined.
6. The SGP is governed by a Memorandum of Understanding which was signed by DFID Ministers and the GOM on 1 May 2012. The MOU specifies that an appropriate legal and institutional framework for environmental management should be in place. This includes GoM enacting the Conservation and Environmental Management Bill. GoM is in the process of recruiting an Environment Officer for MAHLE which will be financed from DFID technical cooperation funds.
7. The primary existing legislation governing environmental matters is the Forestry, Wildlife, National Parks and Protected Areas Act (Cap. 12.03), which provides for the administration, conservation and proper use of forests, the protection and management of wildlife, the establishment and maintenance of national parks and protected areas and for connected matters. The Endangered Animals and Plants Act (Cap. 12.01), Beach Protection Act (Cap. 12.04) and the Turtles Act (Cap. 12.06), to a lesser extent address environmental matters.
8. Our main contact with UK Government Departments other than the FCO is with DFID. All DFID projects (which form the bulk of GoM development projects) are subject to climate and environment appraisal prior to completed design and implementation. For example DFID are financing the development and rehabilitation of the hospital on the existing site rather than expecting GoM to develop a new site. As mentioned above, the exploitation of geothermal energy exploration will hopefully improve Montserrat’s economy and fiscal position but also to reduce or remove GoM dependence on fossil fuels. The DFID contribution to the island is considerable. They expect to spend around £36 million in Montserrat in 2013–14.
9. Environment and development issues are also formally discussed at the annual Overseas Territories’ Joint Ministerial Council (JMC). This takes place in November/December in London each year and is attended by UK Ministers, Governors and the leaders of the Overseas Territories. Governors also meet UK Ministers twice a year (i) prior to the JMC and (ii) during the week of the FCO’s annual meeting of senior civil servants.
10. In respect of the scrutiny mechanisms in place by virtue of the legislation set out above, the MAHLE is best equipped to provide a more comprehensive response. As mentioned, there is a standard requirement for EIAs for major project proposals. Ultimately recourse to the courts can be pursued. Under the new Montserrat constitution a Complaints Commission has been established which provides another avenue for citizens to make their concerns known. If representations are made to me, I will pursue issues with the relevant officials if I consider it appropriate.
11. The final bullet point is entirely hypothetical. Proposals to remove any public officials need to follow established procedures as set out in the Public Administration Act and in the general orders covering the roles and conduct of public servants.
18 April 2013