HC 846 Sustainability in the Overseas Territories

Written evidence submitted by the Governor of Gibraltar, Adrian Johns

Thank you for your letter of 25 March about the Environment Audit Committee’s Sustainability in the Overseas Territories Inquiry. Before addressing your questions I thought I would it might be helpful to you if I were to set out some of the context in which I am replying.

Under Gibraltar’s current 2006 Constitution, the Governor remains responsible for external affairs, defence, internal security and for certain functions in relation to appointments to public office while HM Government of Gibraltar (HMGoG) has responsibility for all areas not specifically assigned to him in the Constitution. This includes environmental management.

Of the Overseas Territories, Gibraltar holds the unique position of being within the European Union by virtue of Article 355(3) of the TFEU. This provides much of the framework for Gibraltar’s environmental law and practice. While the UK Government is ultimately responsible under the Treaty for the implementation of EU law in Gibraltar, EU measures are in practice implemented within Gibraltar by means of legislation enacted by Gibraltar’s Parliament. The Governor has no formal role in either Cabinet meetings or within Parliament, although all primary legislation comes to him for Assent. The Governor may withhold Assent in certain narrowly defined circumstances. In transposing the wide range of EU directives and regulations in the environmental sphere, HMGoG enjoys a healthy relationship with Defra and DECC from the initial proposal stage through to implementation. HMGoG is up-to-date in the transposition of post-Lisbon EU directives into domestic law.

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?

As set out above, environmental management including sustainability is a responsibility devolved to HMGoG.

How much of a priority is the environment and sustainable development to the government of the territory? How do you engage with the territory’s government on these issues? 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 priority attached to the environment is a question more appropriately addressed to HMGoG given their devolved responsibility. I can however inform you that the present government’s manifesto does sets out their proposed environmental policies including a carbon neutral Gibraltar, an environmental impact assessment for all policies, examination of possibilities on bunkering at sea and land based storage, power generation/alternative energy, renewable energy funding and regulation of fishing. HMGoG hosted a Thinking Green conference and trade fair in October 2012 which profiled many of their policies. The speakers included former US Vice President Al Gore and Juan Verde, then International Co-Chair of President Obama’s re-election campaign.

The Environment Minister, the Hon Dr John Cortes, comes from a strong environmental background, is a Chartered Environmentalist and a member of the Institute of Ecology & Environmental Management. He received an MBE in 2003 for services to Ecology and the Environment.

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)?

Again a devolved area of responsibility but I am not aware of any stalled legislation. As mentioned, all necessary legislation to comply with EU law has been enacted.

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?

HMGoG enjoy a healthy working relationship with Defra and DECC both on EU work and also relating to the extension of international conventions to Gibraltar. Minister Cortes called on Defra and DECC Ministers in April 2012 during a visit to the UK.

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

Again this is a matter more appropriately addressed to HMGoG. I can however inform the Committee that it is an HMGoG policy to consider every decision against its potential environmental impact. The Development & Planning Commission (DPC) also considers the potential environmental impact of all new projects. The DPC is chaired by the (independent) Town Planner and commission members include the Environment Minister and Gibraltar NGO the Environmental Safety Group.

Gibraltar also has a Public Services Ombudsman. The Ombudsman is an independent authority, whose functions are to investigate complaints received from the general public about acts of maladministration undertaken by HMGoG and certain public bodies and contractors. This could potentially include environmental malpractice.

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

Through his general responsibility for ensuring good government, the Governor has responsibility for some public appointments including some senior civil servants. This question is however hypothetical and is more appropriately addressed to HMGoG.

I hope that the information above helps your inquiry. In my role as Governor, I of course keep in touch with HMGoG on a broad range of issues including the environment and I ensure that the UK Government is aware of the views of HMGoG including on EU issues relating to the environment and vice versa.

19 April 2013