Haydn Davies Birmingham City University

Transcription

1 Haydn Davies Birmingham City University

2 A Duty for Public Bodies to Plan for Future Generations: The Well-being of Future Generations (Wales) Act 2015

3 Well-being of Future Generations (Wales) Act 2015 Overview Nature and scope of w-b duty Public bodies W-b objectives and goals A legal duty? Strength of duty Accountability and enforceability Statutory guidance Conclusions & questions

4 Brief Chronology GOWA 1998 GOWA 2006 s.79 One Wales: One Planet, 2009 Proposal for S.D. Bill, May 2012 A Sustainable Wales: Better Choices for a Better Future, Dec 2012 Sophie Howe named as FGC Nov 2015; apptd Feb 2016 S.D. Bill F.G. Bill (July 2013) WBFG Bill Jeff Cuthbert: Min C and TP Carl Sargeant Min Nat l Resources WBFG(W) Act

5 Well-being and S.D. GDP Club of Rome 1968 Stockholm & Rio MEA 2005 OECD Global Project Stiglitz, Sen & Fitoussi Report 2009 See (in great detail) 5 Well-being indicators

6 Nature and Scope of W-B Duty 3 Well-being duty on public bodies (1) Each public body must carry out sustainable development. (2) The action a public body takes in carrying out sustainable development must include (a) setting and publishing objectives ( well-being objectives ) that are designed to maximise its contribution to achieving each of the wellbeing goals, and (b) taking all reasonable steps (in exercising its functions) to meet those objectives. Entered into force on (see The Well-being of Future Generations (Wales) Act 2015 (Commencement No. 2) Order 2016 No. 86 (W. 40) (C. 8))

7 Public Bodies s.6 WFGA 2015 (can be amended by WMs s.59 WFGA) (Estimated at 43 bodies initially)

8 The duty summarised: Hmm?.. a duty on public bodies to carry out sustainable development by taking action which seeks to ensure that the needs of the present are met, without compromising the ability of future generations to meet their own needs, by taking account of the sustainable development principle, the five elements of which are aimed at achieving the well-being goals; carrying out sustainable development must include the setting of objectives and the taking of all reasonable steps to meet them.

9 The Well-being Goals 1. A prosperous Wales 2. A resilient Wales 3. A healthier Wales 4. A more equal Wales 5. A cohesive Wales 6. Vibrant culture and language 7. Globally responsible Setting w-b objectives to maximise contribution to w-b goals. Taking a.r. steps Sustainable Development Principle 1. Long-term v short term 2. Integrated approach 3. Participation 4. Collaboration 5. Prevention Emphasis in statutory guidance tends to be on the w- b goals whereas the sting of the duty is on the setting of w-b objectives and taking all reasonable steps Public bodies Carry out sustainable development take account of E.g. In financial planning Applying the five ways of working to your financial planning will address the tendency for short-term priorities and administrative process to overtake long-term interests p.14 SPSF1 Stat Guidance essential in navigating this

10 Public Services Boards and Community Councils Similar w-b duty falls on Public Services Boards (s.36) Somewhat lesser duty falls on community councils (s.40(1))

11 Is this a legal duty? Must take account of the S.D. principles set w-b objectives designed to maximise etc. take all reasonable steps All amenable to J.R. though case law suggests considerable deference to the decision-maker (e.g. R(JM & NT) v Isle of Wight Council [2011] EWHC 2911) Little directly relevant case law or guidance in S.G.

12 Is this a legal duty? Accountability and enforcement Auditor General of Wales Future Generations Commissioner (Welsh Ministers) Assessing the extent to which a public body has acted &c. Guardian of future generations needs. Power to make recommendations but PBs not necessarily bound. Some powers but also bound by the duty Reporting requirements but no explicit sanctions or penalties (cf. public sector equality duty) Much will depend on the reach of the FGC (cf. Information Commissioner though not a perfect analogy) Statutory guidance contains much detail on objective setting and contribution towards w-b goals but rather little on accountability

13 The Act is founded on Outcome Based Accountability which encourages a focus on the difference that is made, rather than just the inputs and processes that an organisation has p.4 SPSF2 Encouraging a focus is perhaps something less than founded on Outcome Based Accountability in my view.

14 Conclusions World-leading legislation Processes and Outcomes? Creates a duty which is more political than legal Hence much depends on political will and the reach of the FGC and her resources Questions?