25 September 2014

The Wales Working Party of the UK Environmental Law Association advises the National Assembly on how to strengthen the Well-being of Future Generations Bill

Today, a team of three leading environmental lawyers from the UK Environmental Law Association appeared before the National Assembly for Wales’s Environment and Sustainability Committee to give their views on how the much welcomed Well-being of Future Generations Bill could be strengthened.

Professor Robert Lee, a highly respected international lawyer, said:

“The Welsh Government has an opportunity with this Bill to demonstrate to the rest of the world how public services can be developed in a way that puts the interests of our children and grand-children at the heart of decision making.”

He added:

“UKELA would like to support the Welsh Government and the National Assembly for Wales in delivering unique, innovative and ground- breaking legislation, showing Wales as an exemplar to the rest of the world in terms of caring about the legacy it will leave future generations and doing something about it.”

Dr Haydn Davies commented:

“The Bill is deficient in a number of respects. For example, its current emphasis on social and economic issues at the expense of protection and enhancement of the environment could lead to an imbalance between these three complementary parts and a failure to take advantage of their synergies. In order to ensure all developments are sustainable a balance needs to be achieved between social, economic and environmental issues.

He added:

“At the moment the focus on process rather than outcomes to support healthy living, a thriving economy, connected communities and maintenance of our cultural identity is not in line with the views of institutions, such as the United Nations, which has stressed the need for targets related measurable outcomes.

“In addition, the absence of clear definitions, loose drafting of duties and responsibilities may lead to difficulties in achieving the desired aims of the Bill”.

Dr Victoria Jenkins said:

“Welsh local government has a long tradition of commitment to and innovation in local sustainable development planning, in partnership with other organisations. The Bill will introduce a statutory requirement for integrated planning through Local Well-being plans and could well ensure a coherent approach across Wales. However, we are concerned that, as currently drafted, its provisions may result in a planning process dominated by ‘social well-being’ considerations.”

END

Note to Editors

UKELA [ ] is the charity which aims to make the law work for a better environment and to improve understanding and awareness of environmental law. It promotes, for the benefit of the public generally, the enhancement and conservation of the environment in the UK and advances the education of the public in all matters relating to the development, teaching, application and practice of law relating to the environment.

A working party for Wales was established in October 2013 to promote understanding and awareness of environmental law and influence the development of legislation.

Three members of the Wales Working Party, Professor Robert Lee, Dr Haydn Davies and Dr Victoria Jenkins, were co-authors of an evidence paper on the Well-being of Future Generations Bill which has been submitted to the National Assembly for Wales’s Environment and Sustainability Committee for consideration. The key points made related to the need for a clearer definition of sustainable development to show how it links to well-being; tighter wording of duties to ensure that the necessary actions are carried out and that there is a legal basis for challenging those bodies who may not take forward their duties rigorously; expansion of the goals to take account of international impacts; independent appointment of the Future Generations Commissioner and his/her Advisory Panel; and the need for lead responsibility for taking forward local well-being plans.

For press enquiries, please contact:

Dr Norma Barry

UKELA Wales Coordinator

07785 551511