Panton warns of political risk posed by NCA changes

(CNS): Former premier and sustainability minister Wayne Panton has raised significant concerns about the minority UPM government’s attempts to gut the National Conservation Act, specifically the damage the proposed changes could cause to the environment as well as the political and governance risks they present. Panton said the draft bill not only undermines the intent of the law that he steered through parliament in 2013 but “opens the door” to political interference on matters that should be guided by science.

The original legislation went through repeated rounds of consultations over many years as a result of pressure from wealthy landowners and developers on politicians not to restrict development in any way.

The false narratives about this law have been spun by special interest groups for decades, starting long before the law was eventually enacted. This had left Cayman vulnerable to poor ad hoc planning decisions that almost never gave any consideration to the impact local development was having on the natural world.

Even now, when the consequences of that unchecked development are very apparent, from the significant loss of natural habitat to the massive limitations on beach access, the narrative continues. The current minority UPM government appears to have become a conduit for those who oppose any restrictions on development for environmental reasons.

Wayne Panton said in a press release that the proposed amendments represent a backward step for the Cayman Islands.

“When the original National Conservation Law was unanimously passed under my stewardship in 2013, it was a landmark moment in protecting our islands’ natural heritage,” Panton stated. “The law received support from all members of the Legislative Assembly after more than a decade of debate and discussion across successive administrations.”

He added that the passage of the legislation reflected a collective commitment to safeguarding the environment for future generations. “These proposed changes gut the intent of that law and open the door to bad governance and political interference in matters that should be guided by science and sustainability,” Panton said.

“The amendments undermine accountability by weakening the NCC’s authority, giving Cabinet greater control over conservation decisions, and removing key checks and balances. This shift risks prioritising special interests and politics over science, jeopardising critical conservation efforts and eroding public trust in environmental protections.”

Caymanians would lose critical protections if these changes were to pass as Cabinet has exempted itself from oversight, Panton explained.

“This means major projects such as the George Town port, the airport, major roads, a new solid waste facility or landfill, and even the touted new port in Breakers could proceed without requiring an Environmental Impact Assessment (EIA),” he said. “Protecting our environment is not optional; it’s essential to preserving our way of life for generations to come. We cannot allow political convenience to take precedence over conservation.”

After Panton was ousted from the government, largely due to pressure from the development lobby on his Cabinet colleagues, Katherine Ebanks-Wilks took over the sustainability portfolio, but she also began experiencing similar pressure. When she refused to bring amendments to the law, she, too, eventually left the Cabinet.

In October, Ebanks-Wilks, along with André Ebanks, Sabrina Turner and Heather Bodden, resigned, citing the proposed plans to weaken the NCA as the fundamental reasons for their departure.

“As someone who has championed sustainable development, I am very concerned by the weakening of protections for critical habitats and the dilution of the Council’s authority,” Ebanks-Wilks said. “This move signals a disregard for the hard work of so many Caymanians who fought to protect our unique natural environment.

“The passage of the NCA over the past 10 years has clearly not hindered development — on the contrary, development has surged at an alarming pace, a trend that deeply concerns many Caymanians. These proposed amendments are unnecessary and, even more troubling, could further accelerate overdevelopment and lead to irreversible destruction,” she added.

The five former PACT members, who have joined forces and will be running for elections on a platform to strengthen rather than weaken environmental protections, have also criticised the timing of the bill. Technically, the draft legislation meets the constitutional requirement for a 28-day consultation period.

However, the magnitude of the changes and the government’s utter failure to provide any education process or justification for the amendments have undermined any meaningful public engagement.

“The bill was gazetted on New Year’s Eve, a time when most people are celebrating with family and unlikely to engage with important legislative updates,” said Ebanks, the former deputy premier. “This timing raises serious questions about the government’s commitment to transparency and public input.”

The group noted that the UPM government is trying to push through other controversial legislation before the end of its term, such as the proposed Referendum Bill and other significant transactions.

“We are deeply concerned about the minority government attempting to advance and finalise significant and controversial matters that require parliamentary approval,” Ebanks said. “These highlight key reasons the four of us chose to resign.

“The transactions and bills currently under consideration were being contemplated prior to our resignation, and we did not wish to be bound by or advocate for them. As a current member of the House Business Committee, I will not support adding this bill to the upcoming meeting’s agenda.”

Ebanks said that despite its diminished numbers, the minority government appears determined to proceed with these issues for reasons that remain unclear.

“Such important decisions should be handled by a new government with a clear electoral majority,” he said. “It would be more appropriate for the current minority government to focus solely on day-to-day operations until the April 2025 election.”

Parliament is set to meet on 30 January, but neither the NCA amendment bill nor the proposed referendum bill is likely to pass since the Progressives have said that they consider these bills contentious and will not support them at this time.

However, it’s likely that if the opposition members cannot block the bills from making the order paper for the next meeting of the House, the UPM will try to use the bills as a political campaign tool against the PPM because that party’s leadership also supports amending the conservation law and developing cruise berthing facilities.

Nevertheless, since agreeing to support the lame-duck administration until the elections, the PPM has consistently stated that they would only provide a quorum for parliament to support necessary and uncontroversial bills.

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