BCAC On “Rushed Consultation” On Bill

The Bermuda Clean Air Coalition [BCAC] said they “vehemently condemn the Department of Environment and Natural Resources [DENR] and Minister of Home Affairs Walter Roban for their grossly inadequate three-week consultation period on the Clean Air Amendment Bill and Water Resources Amendment Bill.

“This hasty process not only undermines years of advocacy,” the organisation said.

“After years of delays and broken promises, the Ministry of Home Affairs finally released drafts of two crucial pieces of legislation, only to allow a mere 21 days for public review and provide feedback. This timeline is not only unreasonable but also falls far short of international best practices and the Government’s own standards for other legislation.

“We have been calling for updated clean air legislation and a comprehensive consultation process for over five years,” said a BCAC spokesperson. “The Government’s decision to rush this process during the summer holidays is a slap in the face to every Bermudian who has suffered from air pollution.

“The BCAC categorically rejects the DENR’s claim that the three-week period provides “ample review time” or “aligns with best practices for public consultations.” This statement is not only false but also demonstrates a concerning lack of understanding of proper consultation processes.

“The BCAC highlights the stark contrast between this rushed process and other government consultations:

1. Bermuda’s own Ministry of Health is conducting a June to September consultation on pesticide regulations, including multiple stakeholder meetings and focus groups.
2. The EU’s Better Regulation agenda allows up to 28 weeks for public consultation on legislation.
3. The UK government recommends a minimum 12-week consultation period for legislative proposals.
4. The DENR’s offer of “continued submission opportunities” via email after the official consultation period is inadequate and does not constitute a genuine extension of the consultation process. It’s unclear how, or if, these late submissions will be incorporated into the legislative process.

“Furthermore, the DENR’s claim of making “significant efforts to foster comprehensive stakeholder engagement” through one-on-one discussions is problematic. These private meetings lack transparency and do not allow for public scrutiny or collective input from the community.

“Minister Roban’s impending retirement is no excuse for this substandard approach to critical environmental legislation,” the spokesperson added. “The people of Bermuda deserve a thorough public consultation process that prioritizes environmental protection and public health.

“The BCAC urgently calls on Premier David Burt and Minister Jason Hayward, who represent constituencies [C18 and C17] which are the most affected by Belco’s air pollution, to intervene and ensure a fair and comprehensive consultation process. We also appeal to all politicians in the PLP Government to do the right thing and convince Minister Roban to extend the consultation period and engage in a more transparent and inclusive process.

“The BCAC requests:

1. An immediate extension of the consultation period to September 15, 2024. 2. Public town hall meetings to inform and engage the community, rather than secretive, individual one-on-one meetings with the Ministry.
2. Full transparency on how stakeholder feedback, including from industry players like Belco, has been incorporated into the draft legislation.
3. A commitment to regular reviews and updates of the legislation to ensure it remains current with evolving environmental standards.

“The extended consultation period would allow BCAC and the public to:

• Engage with environmental, regulatory, and legal experts to assess the implications of the proposed amendments.
• Conduct comparative research on best practices in similar jurisdictions.
• Organize community meetings to gather input from affected residents.
• Review or request an Environmental Impact Assessment [EIA] of the proposed changes.
• Consult with medical experts on potential health impacts.
• Evaluate economic implications for local businesses.

“The ongoing soot fallouts affecting properties and drinking water tanks, as well as strong fuel odors near St John’s Road, further underscore the urgent need for proper public consultation before robust environmental legislation is put into practise.

“The health of our children and our people are at stake,” the spokesperson concluded. “We will not allow years of advocacy to be undermined by a rushed and inadequate process. The people of Bermuda deserve better, and we demand better.”

“We call on all Bermudians to voice their concerns and demand a proper Government consultation process. Our health, our environment and our future depend on it.”

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Category: All, Environment