Consultation on Proposals for a Sustainable Development Bill Index of Responses 3 Name/Organisation Bron Afon Community Housing Community Housing Cymru UK National Commission for UNESCO Welsh Language Commissioner Chwarae Teg Wye Valley AONB National Library of Wales Public Transport Users Committee of Wales & Chartered Institute of Logistics and Transport in Wales Transition Bro Gwaun One Voice Wales Neath Port Talbot County Borough Council Newport City Council Vale of Glamorgan Council Monmouthshire County Council ACCA Wales Vic Warren – Private Individual Bat Conservation Trust Blaise Bullimore – Private Individual Gwentian Consulting Limited Bangor University Scottish Power Renewables Auditor General For Wales RSPB Cymru HEA Wales Wales Landscape Partnership Ecostudio Stop Climate Chaos Cymru Royal Society of Chemistry Merthyr Tydfil County Borough Council Clwydian Range and Dee Valley AONB Promoting sustainable development (section 3) Q.1 What are the principal barriers you face to taking more long-term, joined-up decisions? Q.2 What actions need to be taken, and by who, to reduce or remove these barriers? Evidence in relation to sustainable development (section 4) Q.3 What other evidence is there about the extent of progress in relation to the Sustainable Development agenda and making Sustainable Development the central organising principle of public bodies? A new sustainable development duty (section 6) The level of decision making to which the duty applies Q.4 Have we identified the most appropriate level of organisational decision-making at which the duty should be applied? Please explain. Yes. It may also be useful for organisations to consider revising their aims and values to ensure compatibility with SD behaviours. Q.5 Would this approach risk capturing some decisions which should not be subject to the duty? What would these be? Q.6 Are there any decisions that are not captured by this approach which should be subject to the duty? Again, what would these be? Disposal of assets & procurement, to ensure whole life costings are taken into account. Bron Afon supports the WCVA position on public procurement proposing that the Welsh Government’s work on Community Benefits is developed into a legal requirement to ensure that all public bodies in Wales consider how their procurement activities contribute to environmental, social and economic benefits. Q.7 Should we include decisions which govern an organisation’s internal operations? If so, which internal operations should we include? See below Q.8 Should budget proposals be subject to the duty? Please explain. Yes if it is the case that short term budget setting is working against longer term sustainable development. Is there a way to meet any gaps identified, would participating bodies be more inclined to consider longer term approaches if in identifying gaps in funds) these could be explored? The behaviours approach Q.9 Are all of the behaviours we identify critical to acting in ways that reflect sustainable development thinking? Please explain. Q.10 Are there critical behaviours that we have not identified? Please explain. Bron Afon supports the WCVA’s position on antipoverty, social justice and equality. An additional (explicit) reference to this behaviour may be useful; Equality and access to a resources. Development that promotes a fairer distribution of resources within environmental limits and that promotes social justice. Q.11 What are the advantages and disadvantages of designating behaviours as the sustainable development factors that must influence high level decisions? Q.12 How much influence should sustainable development behaviours have over high level decisions – for example, should those decisions be lawful if they have been reached in a way that: • is consistent with one, some or all of the behaviours; • broadly reflects the behaviours; • is not inconsistent with the behaviours? • are there other options? The objectives approach Q.13 Are there core sustainable development objectives we have not identified above? The term wellbeing is used a lot throughout the consultation. Securing the economic, social and environmental wellbeing of people is the outcome from achieving a sustainable Wales. It is an all encompassing term, although arguably it does not incorporate strongly enough one of the key pillars of sustainable development – the need to achieve wellbeing of people within the environmental limits of planet in a way that does not compromise the well being of future generations. This should be considered when looking at what definition of sustainable development should be within the legalisation. Q.14 What are the advantages and disadvantages of designating sustainable objectives as the factors that must influence higher level decision making? Q.15 How much influence should the objectives have over high level decisions – for example, should those decisions be lawful: • only if they actively contribute to one or more of those objectives; • if they do not detract from any of the objectives; • even if they detract from some of those objectives, as long as they actively promote others? • are there other options? The combined approach Q.16 What are the advantages and disadvantages of basing a duty on sustainable development behaviours and sustainable development objectives? A single sustainable development proposition Q.17 What are your views on basing a duty around a single sustainable development proposition? A single proposition leaves too much to interpretation. The Bill must clearly define sustainable development, rather than leaving interpretation to further guidance, officials or the courts, and must be meaningful and accessible enough to drive/guide effective action. The definition must make it clear that the implications of Welsh sustainable development policy do not end in Wales, but rather extend globally, and that the wellbeing of people in Wales is an aim but not the sole aim of the legislation. The time organisations may need to comply Q.18 How much time should organisations be given to make these changes? The provision of guidance Q. 19 Would it be helpful to issue formal guidance to organisations subject to the new duty? Q. 20 Should any such guidance be issued by the Welsh Government or the new sustainable development body? The repeal of duties Q.21 Are there any particular statutory duties which it would be appropriate to repeal, in light of the approach we are proposing under the Sustainable Development Bill? Q.22 Are there legal barriers to delivering in line with the sustainable development factors we have set out, which the Sustainable Development Bill could remove? Reporting Q.23 Should organisations be required to report back on compliance with the duty through their existing annual reporting arrangements? The organisations that might be subject to the duty Q.24 Are there organisations on this list that should not be subject to the duty? Please explain. Q.25 Are there organisations that are not listed above but which should be subject to the duty? Please explain. Defining sustainable development Q.26 Are there other advantages or disadvantages to defining “sustainable development” and if so, what are they? Q.27 If we were to define “sustainable development” do you think that the working definition above would be suitable and why? An independent sustainable development body (section 7) The purpose of the new body Q.28 What should be the overall purpose for a new body? The body needs to ensure the legislation is applied consistently across all bodies and should have powers to convene cross sector groups to ensure shared accountability and responsibility as necessary. The body may be required to advise very closely and to this end could attach officers to certain organisations. The body should promote the SD bill and SD agenda to make sure it is understood and accepted by the wider public so as to understand decisions made by Public Bodies for example. Making the link between the wellbeing of future generations and SD (in the same way as the recycling is linked with pro-environmental behaviour by the general public) would be a good start. The body must provide a forum giving voice to people likely to be affected by decisions (this could be businesses connected to, or staff in, the bodies affected as well as the public). The preferred approach for the new body Q.29 Do you have any views on the preferred approach regarding the main functions of a new body? A statutory body Q.30 Are there significant disadvantages to establishing a new body on a statutory basis? Proposed functions for the new body Q.31 Do you agree with the proposed functions for a new body established on a statutory basis? Q. 32 Are there other functions which should be considered? Independence and accountability Q.33 Do you have particular views on the independence of a new body? Q.34. Do you have particular views on the accountability arrangements for a new body? How to get involved and have your say Consultation dates and where to send responses to We want your views on the options for legislation on sustainable development. This consultation will run from 9 May 2012 until 18 July 2012. How to respond Please submit your comments by 18 July 2012, in any of the following ways: Email [email protected] Post SD Bill Team Welsh Government Cathays Park, Cardiff CF10 3NQ Proposals for a Sustainable Development bill Community Housing Cymru Group response 1.0 About Us The Community Housing Cymru Group (CHC Group) is the representative body for housing associations and community mutuals in Wales, which are all not-for profit organisations. Our members provide over 136,000 homes and related housing services across Wales. In 2010/11, our members directly employed 6,500 people and spent over £800m in the Welsh economy. Our members work closely with local government, third sector organisations and the Welsh Government to provide a range of services in communities across Wales.