Ombudsman Tables Environment Charter Report

The Ombudsman has issued a third report imploring the Government to honour the legal commitments of the UK Environment Charter that it signed in 2001 saying that one critical commitment is that Environmental Impact Assessments [EIA] – including adequate public consultation – must be done before approval of major developments.

Ms. Brock delivered her 8 page report – Diligent Development-Getting It Right – to the House of Assembly today [May 17]. In it she updated the findings of her February 2012 systemic report on the data-gathering and analysis by civil servants in the lead up to Parliamentary approval of the Tuckers’ Point Special Development Order.

Ms. Brock said: “Last year when I tabled Today’s Choices – Tomorrow’s Costs, I made a finding that the civil service had erred at law by not recognizing that Bermuda’s signature on the 2001 UK Environment Charter is a legal commitment. The then Minister rather emphatically responded that I was wrong. Since then I have received additional information that further proves that I was absolutely correct.”

This report pulls together in one document the evidence already presented in the February 2012 report Today’s Choices – Tomorrow’s Costs as well as the June 2012 Report that set out the Ombudsman’s reply to the Government’s response.

Ms. Brock explained: “I have subsequently spoken with one of the drafters who is quite clear that the commitments in the Charter were not ‘merely aspirational’. There are certain commitments that everyone recognized would need more funding and planning to implement. There were others – such as the requirement for EIAs before approval of development proposals – that could be implemented right away without the need for local legislation or government expenditure.”

“That is not all,” Ms. Brock continued. “We do not have to rely on the intentions and memories of the drafters. I have now learned of a court decision that confirms that the commitments of the Charter are legal obligations. This decision of the Eastern Caribbean Court states that the Charter constitutes Government policy. The public has a legitimate – legal – expectation that the Government will implement its own policy.”

Although this case is not a Privy Council decision that would be binding on Bermuda, Ms. Brock states “as this is the only case that determined the legal status of the Charter, it is likely to be highly persuasive for Bermuda’s Supreme Court. It ought to be highly persuasive for our Government too”.

“It is a mystery to me why Bermuda would not want to honour our commitments to protect our fragile environment – not just for today but for our grandchildren. Even the International Court of Justice has said that EIAs may be considered a requirement under general international law. What better guidance are we waiting for?”

“It is time for Bermuda to join the 21st Century, and keep our promises. EIAs – inclusive of adequate public consultation – must be done prior to approval of major developments and all development proposals that may cause significant adverse impact.”

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Category: All, Environment