Environment Commissioner urges government to reconsider draft environment laws

The Environment Commissioner has joined critics of the MEPA demerger laws, slamming the proposed bills as a setback in fight for transparency, accountability and access to public scrutiny.

In a letter to the Prime Minister and the Leader of the Opposition, architect David Pace reminded that, ever since MEPA was set up, there were attempts to increase the level of participation by the public and for the Authority to be more open to public scrutiny.

“There draft laws must be amended as they currently undermine these two elements,” the Environment Commissioner said.

Recognising that the government had the electoral mandate to split the Environment and Planning Authority, Pace said the split should result in greater efficiency, less bureaucracy and improvement in the citizens’ quality of life.

“The two authorities must be transparent and allow the public to participate at all levels and must be open to scrutiny while ensuring the necessary checks and balances on the administrative and procedural structures,” he said.

The Environment Commissioner said that the draft law on the Planning Authority proposed a structure that places power in the hands of a few. According to the proposal, the Executive Council will be led by five individuals; The responsible minister will have wide powers over the council.

“Members of the Council, or at least the executive chairperson, should be appointed by the President in consultation with the Prime Minister and the Opposition leader. If this is not possible, then the members should be approved by the parliamentary committee for the environment,” he said.

Employees with the authority should only be taken on board following a public call. Pace said it was unacceptable that the Environment Authority can only be present on the executive council “to discuss particular subjects on invitation of the chairperson”.

The Commissioner said the Environment Authority has the right to be present and participate in all discussions on the Executive Council. The EA, he added, had a bigger contribution to give than what is being proposed.

The Environment Commissioner said the ‘State of the Environment’ report should be drafted by his office and not by the planning authority.

Pace said it was a fact that the environment within MEPA was relegated to the second division but now it is imperative that the structure is strengthened by engaging qualified human resources. Investment in resources for research and monitoring was also required.

On the revision tribunal, Pace reiterated that all members must be appointed by the President following consultation with the Prime Minister and the Opposition leader or approved by the permanent committee of the environment.

The Environment Commissioner said it was wrong that members of the tribunal will be part-time, receiving an honorarium instead of a salary. It is also wrong that members of such a tribunal will continue doing private work.