Agenda item

The Committee considered the undernoted report

 

“1        Relevant Background Information

 

            The Department of Environment Northern Ireland (DoENI) has circulated its draft Biodiversity Duty Guidelines and has invited comments from the Council.  A copy of the draft guidelines is attached as Appendix 1.

 

            The comments received from this initial consultation phase will be used in the development of guidance for all public bodies to enable them to fulfil their Biodiversity Duty under the Wildlife and Natural Environment Act (Northern Ireland) 2011.  This duty requires every public body in exercising any of its functions, to further the conservation of biodiversity.

 

2          Key Issues

 

            Following consideration by relevant officers across the Council, a response has been completed in draft form for approval by Members.   This is provided at Appendix 2.

 

            In summary the draft response welcomes the introduction of these draft guidelines and believes it is a useful starting point in the development of clear and concise guidance for public bodies. The draft response provides the Council’s overarching comments and officers have requested a meeting with DoENI to discuss the issues in more detail.

 

            The draft response also highlights that the guidance is considered to be central government focused and it was felt should include a chapter that is specific to Local Government and that the case studies used should also include some that are more relevant to local authorities. It is also suggested that Local Biodiversity Action Plans should be given more prominence in the guidance.

 

            Subject to approval by Council, it is proposed that the final response is submitted to DoENI.

 

3          Resource Implications

 

            Financial

 

            None required at present

 

            Human Resources

 

            None required at present

 

            Asset and Other Implications

 

            None at this stage.

 

4          Equality and Good Relations Implications

 

            It is anticipated that DoENI will undertake an equality impact screening of the guidelines before they are finalised. 

 

5          Recommendations

 

            Members are asked to –

 

(i)               Note the contents of this report;and

 

(ii)             Approve submission of a final response to DoENI, subject to any comments or amendment provided.

 

                                                                                                     Appendix 1

 

Duty to conserve biodiversity

 

1 -       

 

(1)   It is the duty of every public body, in exercising any functions, to further the conservation of biodiversity so far as is consistent with the proper exercise of those functions.

 

(2)        In complying with subsection (1), a public body must in particular have regard to any strategy designated under section 2(1).

 

(3)        Conserving biodiversity includes—

 

(a)     in relation to any species of flora or fauna, restoring or enhancing a population of that species;

(b)    in relation to any type of habitat, restoring or enhancing the habitat.

 

(4)        The Department must issue guidance containing recommendations, advice and information for the assistance of public bodies in complying with the duty under subsection (1).

 

(5)        In this section “public body” means –

 

(a)        a Northern Ireland department;

 

(b)        a district council;

 

(c)        a statutory undertaker within the meaning of the Planning (Northern Ireland) Order 1991 (NI 11);

 

(d)    any other body established or constituted under a statutory provision.

 

The biodiversity strategy

 

2 -       

 

(1)             The Department must designate one or more strategies for the conservation of biodiversity (whether prepared by the Department or by one or more other persons).

 

(2)        The Department must publish any strategy so designated.

 

(3)        A strategy so designated may include different provision for different cases or types of case.

 

(4)        The Department must –

 

(a)        not later than 5 years after the coming into operation of subsection (1), and

 

(b)       at least once in every period of 5 years thereafter, publish a report regarding the implementation of any strategy designated under that subsection.

 

Biodiversity lists

 

3 –

 

(1)        The Department must publish a list of the species of flora and fauna and types of habitat which in the Department's opinion are of principal importance for the purpose of conserving biodiversity.

 

(2)        The Department must –

 

(a)        keep under review any list published under this section;

 

(b)        make such revisions of any such list as appear to the Department appropriate; and

 

(c)        publish any list so revised as soon as reasonably practicable after revising it.

 

(3)        Without prejudice to section 1(1) and (2), a public body must-

 

(a)        take such steps as appear to the body to be reasonably practicable to further the conservation of the species of flora and fauna and types of habitat included in any list published under this section; or

 

(b)        promote the taking by others of such steps.

 

(4)       In this section ‘public body’ has the same meaning as in section 1.

 

                                                                                                Appendix 2

 

Draft Biodiversity Duty Guidelines

 

Contribution from Belfast City Council

 

Belfast City Council would like to thank the Department of the Environment for distributing the draft Biodiversity Duty Guidance document.  The Council believes this first draft is a useful starting point from which to commence the process in developing clear, concise guidance to enable all public bodies fulfil their Biodiversity Duty under the Wildlife and Natural Environment Act (Northern Ireland) 2011.

 

Belfast City Council (the council) believes that amendments are required to ensure that the guidance document facilitates a consistent approach in delivering the duty across public bodies.

 

This contribution outlines the council’s overarching comments on the structure and content of the document.  We would also welcome the opportunity for an officer to meet with officials in the Department to discuss the comments in greater detail.

 

Overarching Comments

 

Requirements of the Duty

 

It is not clear from the document what exactly is expected of Council.  Chapter 5, page 16 provides the most detailed information but there is still considerable discussion required in particular on delivery approach and monitoring.  It is especially concerning that Local Biodiversity Action Plans have not been included in this section given this is the key delivery mechanism for biodiversity at a local level. 

 

The DEFRA document “Guidance for Local Authorities on Implementing the Biodiversity Duty” outlined the following.

 

In demonstrating that it has fulfilled its Duty to have regard to biodiversity, a local authority is likely to be able to show that it has:

 

·             Identified and taken opportunities to integrate biodiversity considerations into all relevant service areas and functions, and ensured that biodiversity is protected and enhanced in line with current statutory obligations;

·             Raised awareness of staff, managers and elected members with regard to biodiversity issues;

·             Demonstrated a commitment and contribution to key local biodiversity initiatives, such as Local Biodiversity Action Plans, Regional Records Centres and Local Site systems;

·             Demonstrated progress against biodiversity indicators and targets.

 

Belfast City Council considers that similar text specific to Councils should be included in the guidance.

 

Scope of the Document

 

The guidance document is aimed at all public bodies.  While this may be useful in terms of consistency of approach, it is also a weakness in so far as:

 

·            This approach has meant the document is very central government focused.

·            The functions of public bodies are so wide ranging (from Roads Service to the Department of Education) that it is difficult to be specific and there is scope for misunderstanding of what is required.

·            There is a lack of detail over the range of public bodies.

 

The council suggests the following to overcome some of the above shortfalls:

 

·            The inclusion of a chapter aimed at Local Government which should include Local Biodiversity Action Plans.

·            Detailed appendices for the different types of public bodies would help, while keeping the main text holistic.

·            The inclusion of more relevant and Local Government specific case studies.

·            The development of a Steering Group consisting of representatives from a range of public bodies including government departments and local authorities to ensure more detailed relevant advice and case studies.

 

Omissions from the Document

 

The policy and legislative framework should be clearly outlined.  This should include:

 

·      The full text of the legislation (Appendix 1).

·            The Northern Ireland and EU biodiversity targets.

·      The Northern Ireland Biodiversity Strategy which is the overarching policy framework.

·      The Northern Ireland Biodiversity Group and its role particularly in relation to reporting on the strategy.

 

It would also be useful to include examples in relation to global biodiversity and how public bodies can and are impacting upon this.

 

Local Biodiversity Action Plans

 

Local Biodiversity Action Plans (LBAPs) are a very useful mechanism for biodiversity delivery at a local level.  Many councils have embraced this approach and have developed LBAPs.  Both councils and the Department of the Environment have invested significantly in the LBAP process.  It is consequently disappointing that the LBAP approach has not been more clearly developed in the Guidance.

 

Biodiversity Implementation Plans

 

The purpose of Biodiversity Implementation Plans should be defined and how these relate to and differ from LBAPs.  It would also be useful to include a few completed examples including examples on the reporting of actions.

 

Monitoring

 

The Biodiversity Duty is linked to the NI Biodiversity Strategy and the Department must publish a report regarding the implementation of the strategy at least every 5 years.

 

It is not clear in the current Draft Guidance document how public bodies will be expected to report on their progress in fulfilling the Duty. There are a number of queries around this:

 

·      How will public bodies’ reporting mechanisms inform and feed into reporting on the NI Biodiversity Strategy and national and international biodiversity targets?

·      Currently the NI Biodiversity Group are tasked with reporting to the Executive every three years on the NI Biodiversity Strategy. How will the NI Biodiversity Group feed into the reporting process?

 

In addition who will decide if a public body is complying with the legislation and are there any sanctions if they do not?

 

It would be useful to outline these processes and data reporting formats and templates at the outset to ensure public bodies will not have to report in a number of formats and are collecting all required information in an agreed format.

 

Specific Comments

 

The document is currently too long and the details of the duty are not outlined until page 14.  We would suggest that chapter 4 be brought to the beginning of the document and that chapters 1 – 3 are shortened.

 

The term biodiversity needs to be defined fully, for example there is no mention of genetic variation within species.

 

Page 14, paragraph 1 - There is reference to the Sustainable Development Strategy but no mention of the NI Biodiversity Strategy which public bodies must take account of as part of the Duty.  The Council suggests replacing the Sustainable Development Strategy with the Biodiversity Strategy.

 

Page 14, paragraph 3 refers twice to “main” function but the legislation states “any”.  Again on page 17 there is a reference to “main” functions. Clarity and consistency are required to avoid confusion.

 

Page 18, paragraph 2 refers to restoring habitats and species after loss.  It should be noted that this may not be possible.

 

There are a number of technical inaccuracies in the document and in parts GB terminology is used such as SSSIs.

 

Case Studies

 

The council considers that there should be more up to date and relevant case studies included in the document.  A suggested approach is an online portal where more specific and up to date case studies can be uploaded by all public policies.  In particular we would like to see the inclusion of case studies on Invasive Alien Species.  We would be willing to contribute case studies to such a portal.”

 

            The Committee adopted the recommendations.