Minister claims to be ‘inclusive’ over changes to NCA

(CNS): More than two weeks after the Ministry of Sustainability and Climate Resiliency gazetted the National Conservation Amendment Bill and began a public consultation, which will close in less than two weeks, Dwayne Seymour, the minister responsible, has claimed that the process represents “inclusive and transparent governance”.

However, this bill was drafted behind closed doors with no input from the government’s own environmental scientists, the National Conservation Council’s district representatives or any of Cayman’s local environmental non-profit groups.

CNS has asked the sustainability ministry a number of questions about the controversial amendments to the legislation, which will effectively gut the law, but we are still awaiting answers to those questions.

The changes would remove what limited powers the law provided to curtail some of the most egregious development that has taken a terrible toll on Cayman’s natural resources over the last twenty years.

The ministry published a brief release on its website on Wednesday — the first public statement about the controversial legislation. The bill is the result of a false narrative spun for years by powerful lobbyists bent on maximising profits from development, who have enormous influence on many elected officials.

The release invites the public to contact ministry officials with comments and questions on the bill. However, the ministry has not made any attempt to justify these changes or even explain to the people what they actually mean. During this constitutionally required 28-day period, the public can also contact their MPs directly, given that the next step for this bill is, if it makes it to the order paper, a vote in parliament.

Officials gave a very sanitised explanation about the amendment bill, stating that it aims to amend the NCA to reform the powers and composition of the National Conservation Council, provide for the establishment of a Conservation Appeals Tribunal, and incidental and connected purposes.

However, in reality, the changes are far-reaching and transformative. They will render the NCC almost powerless, remove advisory boards, allow the government to avoid environmental impact assessments even on the most damaging projects, and hand control of the Environmental Protection Fund to Cabinet instead of the NCC’s experts.

Seymour has been responsible for the ministry since four members of the administration resigned, partly because of this bill. At that point, the UPM government lost its majority and no longer has a mandate. Nevertheless, even though the amendments were drafted without any genuine consultation with experts and stakeholders, the minister said the government was seeking public feedback.

“We are introducing these proposed amendments for public consultation. This process is both a legal obligation and an essential aspect of fostering an inclusive and transparent governance framework. I encourage all members of the community to engage with the consultation process, review the Bill, and provide feedback through the designated official channels,” he said.

Officials said all comments and feedback received will be reviewed and presented to the Cabinet for consideration. The public should also contact their MPs and lobby them directly regarding the possible vote, given that the bill was scheduled to make the meeting of parliament in just two weeks.

However, the opposition has said it will not support the UPM lame-duck government in any attempt to bring contentious legislation to the House. This means the bill may not even make the order paper, and even if it does, it will not pass as the government does not have the votes.

Nevertheless, local environmental groups have real concerns that this legislation will still form the basis for a new draft bill that will be brought by the next administration. As a result, the upcoming election is a perfect opportunity for the voting public to lobby their current representatives and any new candidates about the proposed amendments.

So far, the only political party that has said it will not amend the NCA to weaken it is the new TCCP, led by Andre Ebanks. The party has told CNS it is committed to preserving the integrity of the legislation, which does not need amending. A PPM-led government or a rehashed UPM will almost certainly introduce amending legislation to weaken the law.

Members of the public can download and review the bill here and email feedback on it directly to NCAmendmentBill2024@gov.ky.