Planning and Environment: division into 2 ministerial offices (P.47/2009) – comments.

STATES OF JERSEY

PLANNING AND ENVIRONMENT: DIVISION INTO 2 MINISTERIAL OFFICES (P.47/2009) – COMMENTS

Presented to the States on 27th April 2009 by the Council of Ministers

STATES GREFFE

2009   Price code: B  P.47 Com.

COMMENTS

Deputy  Le  Claire's  proposition  is  to  establish  2  separate  Departments,  one  for Planning and one for the Environment. His primary reason is that separation will give greater  prominence  to  environmental  issues  by  minimising  the  inherent  tension between environmental protection and development pressures and reinforcing the role of the environment champion.

In addition, the Deputy outlines the very real need to ensure Members' Questions are answered appropriately, that the public are informed of any potential risks and that the environment is properly protected through up-to-date, robust regulation.

The Council of Ministers recognises that by bringing this proposition the Deputy is seeking  to  achieve  laudable  aims;  however  the  Council  does  not  support  the mechanism which is proposed. Dividing the existing Department will not achieve greater environmental protection nor will it address his other concerns.

Managing  the  inherent  tension  between  development  pressure  and  the environment

The   Deputy 's  proposition  is  accompanied  by  a  previous  proposition  debated  and rejected by the States in September 2008. Whilst it is true that the membership of the States is now different, the central argument remains largely the same.

There  are  undoubtedly  inherent  and  unavoidable  tensions  between  development – which is deemed necessary for economic and social purposes – and the protection of the  environment.  This  pressure  is  witnessed  across  the  globe  and  is  a  normal occurrence. Splitting the Planning and Environment Department will not remove this tension. It would still exist and will still need to be reconciled.

The balancing of these tensions and competing priorities is the responsibility of the Minister, who has access to specialist staff, information and resources. Planning and Environment staff work together to ensure these tensions are managed on a daily basis. Splitting the current Department would remove the very structures that allow the conflicts  and  tensions  to  be  resolved.  It  would  displace  them  to  2  different Departments and create greater separation between staff with planning expertise and staff with environment expertise. It would worsen the situation that the Deputy seeks to solve.

Planning and Development Control are environmental functions in their own right. They  are  the  tools  used  to  protect  the  Island's  environment  from  inappropriate development, whilst facilitating necessary development in a manner that minimises harm. The notion of "Planning" as a subset of "Environment" is widely understood in other  jurisdictions,  including  the  UK,  Scotland,  Wales,  Eire,  Isle  of  Man  and Guernsey, where it is also the convention for "Planning" to sit within "Environment".

However, even if the development control function was to be located elsewhere, a standalone Environment Department would still need to manage complex tensions and competing priorities on a daily basis; for example, the issuing of licences to discharge effluent into controlled waters or, to cite the Deputy 's example, the need to secure funding to implement the EU's comprehensive bathing water directive.

An Environment Champion

A fundamental change has been made since the Deputy bought his last proposition in 2008. The Assistant Minister for Planning and Environment has been appointed the Environment spokesperson. She does champion environmental issues, both within the States  and  within  the  Department.  She  liaises  with  internal  bodies  such  as  the Environment Scrutiny Panel, and external bodies such as the Jersey Environment Forum, the Advisory Group on Environmental Sustainability (the Environment Think Tank), the National Trust, the Société Jersiaise and other informal pressure groups.

A breakdown of her duties in attached at the Appendix to this Report.

Her role does not preclude others from acting as Environment Champions. Indeed, all States Members should speak on the Environment's behalf whenever they feel it is appropriate.

It is important to remember that the Minister for Planning and Environment, in law, retains overall responsibility for his Department. It is therefore proper and expected that he continues to speak on environmental issues when he feels it appropriate.

Public Information and Members' Questions

The Deputy rightly points out that all Members' Questions must be answered in an accurate, timely and appropriate fashion. This is essential to the ability of the States Chamber to function.

There is however, in some circumstances, a legitimate balance to be made between answering questions in the Chamber and straying into areas of commercial sensitivity. In the case specified by the Deputy , the Minister considered that it was not appropriate to release sensitive information by way of a verbal answer. He considered that it was more appropriate for a confidential note to be prepared. It would be the prerogative of any Minister for the Environment, regardless of whether or not they had responsibility for Planning and Development Control.

Splitting the Department will change nothing in this regard. Proper regulation of the Environment

The Deputy is concerned that there are lax controls over the Environment in Jersey and that these result in adverse impacts on human health.

It is important to note that the environmental protection regime operating on the Island has been significantly strengthened since the year 2000. In that period of time, we have introduced a new Waste Management Law, a new Water Pollution Law, a new Animal Welfare Law, an Environmental Impact Order, a new Plant Health Law, a Conservation of Wildlife Law, and a new Water Resources Law. In addition, there have been regular updates to Regulations affecting other areas of the environment, including Fisheries.

The Department is also planning to extend this control regime, and is starting work on significant new legislation around air quality, contaminated land and a review of the existing waste law.

Considerable steps have been made to increase the environmental protection regime which operates in Jersey. It is clear from the amount of legislation in place and planned, that controls are far from lax.

Splitting the Department would have a detrimental effect on this work programme. It would result in a substantially increased administration burden, and deflect resources away from front-line environmental protection work.

Financial and legal issues

P.47/2009 correctly identifies that there are practical, financial and legal issues that would need to be addressed if the Department was split. These are not insurmountable, but they are complex and expensive, and additional resources would have to be sought as part of the 2010 resource allocation process.

Conclusion

The Council of Ministers recognises the need that is so clearly stated by the Deputy , to afford our environment the highest possible levels of protection. It also recognises that the need grows on a daily basis. But it disputes that the solution outlined in this proposition will achieve the desired aims. It will absorb precious resources for little proven gain.

The current Planning and Environment function is working, and staff are increasingly working as one entity to reconcile environmental issues with development pressures.

The Environmental Champion role delivered by the Assistant Minister is bringing benefits. It is complementing the work done by other States Members to ensure a voice is heard for the Environment.

Accordingly the Council of Ministers does not support this Proposition.

APPENDIX

Planning and Environment

Minister and Assistant Minister Responsibilities