HC 846 Sustainability in the Overseas Territories

Written evidence submitted by the Governor of the Cayman Islands, Duncan Taylor

Thank you for your letter dated 25 March 2013 in which you asked for information about how UK government departments support Overseas Territories’ governments on environmental matters.

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 you rightly state, environment is a devolved responsibility. Overall strategy and policy decisions on particular developments/projects are therefore matters for the local government. My main role within environmental decision-making is to promote good governance i.e. to ensure that proper procedures are followed which are in line with international best practice. My office liaises between the Cayman Islands Government and UK government departments to ensure that any requests for technical assistance are passed on.

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

This question would be better directed towards the bodies within the Cayman Islands Government with responsibility for environmental matters, currently:

· Environment - Ministry of Health, Environment, Youth, Sports and Culture;

· Energy and Waste Management - Ministry of Finance, District Administration, Works, Lands and Agriculture;

· Development - Ministry of Tourism and Development.

You may be aware that a general election will be held in the Cayman Islands on 22 May. The allocation of responsibilities/portfolios may change with the formation of a new government.

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?

In line with the principles outlined in the 2012 Overseas Territories White Paper, we are able to put the Cayman Islands Government in touch with UK Government Departments who can supply expertise, technical support and sometimes funding. In addition to the Darwin Plus Fund, which is administered by DEFRA and open to all the Overseas Territories, my office also has a modest delegated project fund which we use to support projects by the Department of Environment (DoE) and Non-Governmental Organisations.

Projects which we have supported since 2011 include:

· A DoE lionfish study. The study analysed the population and feeding habits of this invasive species;

· Funding attendance at regional conservation workshops for National Trust representatives;

· A study by a private individual and the Royal Botanic Gardens, Kew seeking to develop genetic fingerprints for endangered endemic orchids;

· Purchase of an Acoustic Doppler Current Profiler for the Central Caribbean Marine Institute on Little Cayman.

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.

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 most important piece of legislation which remains in draft form is the National Conservation Law. There is currently no requirement in the Cayman Islands for environmental impact to be taken into account when making decisions on development projects. This comprehensive draft law would rectify this, requiring environmental impact assessments to be carried out and public consultation to be conducted. It would also create a list of endangered species to be protected and put restrictions on land use in some areas. Despite having first been drafted a decade ago and despite extensive public consultation, this Bill has not yet been taken to the Legislative Assembly. It was included in the Throne Speech setting out the Government's legislative proposals for the years 2010 and 2012 but was not brought forward.

There is also a draft Climate Change Policy. This is the result in part of a DfID sponsored project. Again, there has been much public consultation, but no bill has been taken to the Legislative Assembly yet.

The Endangered Species (Trade and Transport) Law (2004) has been enacted by the Legislative Assembly, but it has not yet been put into effect by the Cabinet of the Cayman Islands Government. The Law would bring the Cayman Islands into compliance with CITES. The Cayman Islands currently rely on CITES legislation dating from 1976, and some species newly included under CITES e.g. black coral, are not included in the older 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?

Environment and development issues are discussed formally at the annual Overseas Territories’ Joint Ministerial Council (GMC). This takes place in December in London each year and is attended by UK Ministers, Governors and Overseas Territories' leaders. Governors also meet UK Ministers twice a year (i) prior to the JMC and (li) during the week of the FCO's annual meeting of senior civil servants the Leadership Conference.

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

In November 2012, part 1 of the 2009 Cayman Islands Constitution - the Bill of Rights – came into force. Unlike many countries' Bills of Rights, it contains a section on the environment. Section 18 Protection of the Environment states:

(1) Government shall, in all its decisions, have due regard to the need to foster and protect an environment that is not harmful to the health 01' well-being of present and future generations, while promoting justifiable economic and social development.

(2) To this end government should adopt reasonable legislative and other measures to protect the heritage and wildlife and the land and sea biodiversity of the Cayman Islands that

(a) Limit pollution and ecological degradation;

(b) Promote conservation and biodiversity and

(c) Secure ecologically sustainable development and use of natural resources.

Also in November 2012, the Cayman Islands enshrined the Framework for Fiscal Responsibility (FFR) into law. Section 20 of the FFR requires that for any development projects with a value above CI$10m (approximately £8m) or projects which are Public Private Partnerships:

... the Cayman Islands Government will retain independent accounting, legal, financial, economic, environmental, and other technical advice as appropriate to ensure value for money.

However, the National Conservation Law, which would become the main scrutiny mechanism, has not yet been passed into law.

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 dismissal of any government official would be resolved through normal disciplinary procedures as set out in the Public Service Management Law.

I understand that you and another member from your Committee will be visiting the Cayman Islands in June. I look forward to meeting you and to discussing these issues with you.

18 April 2013