Bush says conservation law changes needed, as others object

Government backbencher McKeeva Bush broke the UPM’s silence on amendments to the National Conservation Act on Thursday, as he confirmed changes to the law were on the way. He denied allegations, however, that the legislation will be “gutted”.

Bush, the first elected member of government to publicly address the ongoing debate over the proposed changes, said something has to be done about the law in order to bring “balance” with development and the environment.

The West Bay West MP, who raised the issue when he spoke on Thursday’s Talk Today programme on Radio Cayman, said it was a “crying shame” that Cayman could not get the East-West Arterial done by now because of the law.

“We have not been able to do it because we protect the lion lizards and iguanas. They might be important to our ecosystem to some extent, but our children, our people are more important,” he said.

Bodden Town West MP Chris Saunders, though not outright supporting changes to the law, said on the programme that the East-West Arterial was greatly needed and should not be held up by a small group of people.

Questions still remain

Bush did not go into detail on the changes, saying that the public will be able to judge for themselves soon enough.

The changes, he said, will be published and the Caymanian people will have a chance to have their say.

The Cayman Compass understands the UPM team is still trying to hammer out the final changes, but has reached an impasse.

The proposed amendments have created a rift in cabinet, as talk of resignations and reshuffles make the rounds in the community.

National Conservation Council Chair Stuart Mailer, in a statement on Wednesday, raised objection to any amendments that would “dilute” the council’s ability to act efficiently.

The National Trust for the Cayman Islands released a statement expressing “grave concern” on Thursday and said it had not been consulted about proposed changes to the law. The trust warned of “unintended, unforeseen, and irreversible consequences” of weakening environmental protections. 

“The National Conservation Act provides essential protection to our natural resources which are fast disappearing under a tide of development. Any amendments that weaken this legislation and undermine the National Conservation Council risk harming our living world, which includes the people of Cayman,” the National Trust said.

“Despite having a permanent seat on the National Conservation Council and being mandated by law to advise government on conservation matters, the National Trust has not been consulted on any potential amendments to the National Conservation Act.”

The National Trust also called out elected officials for “attempting to rush through amendments without proper public consultation” and bypassing the standards of good governance.

East-West Arterial debate

Bush, speaking with the Compass Thursday afternoon, said he supports changing the law.

“My vote is to make some very sensible changes, which our legal advice from London says is the best way to go,” he said.

Bush said in his career as a legislator he has done a lot to protect the environment, not just land but the marine environment.

“We have been sensible without draconian laws. We do not have a destroyed environment. We still have a pristine environment,” he said.

Bush said, however, the communities in the eastern districts cannot be allowed to suffer any more by having to endure hours of traffic.

Last year Bush took a motion to the House seeking that the first section of a planned extension to the East-West Arterial, proposed as a measure to ease traffic congestion, proceed immediately without an environmental impact assessment.

Bush said in his motion that, compared to other sections of the planned 10-mile extension, the first strip from Hirst Road to Lookout Gardens is less environmentally sensitive, so does not need an environmental impact assessment.

He received unanimous support in the House for the motion.

Rift over legal powers

Bush, speaking on the changes, said former Premier Wayne Panton misled members about the ramifications of the conservation law when he brought it in 2013, and now he is using the ongoing controversy for his “political platform”.

Panton, who penned a lengthy statement objecting to the changes, outlined the numerous consultations and Parliamentary committee changes made to get the law passed.

Bush said he has been concerned for some time about a change in the law – confirmed by a recent court decision – that elevates the director of the Department of the Environment over Cabinet.

“This law is unusual in Cayman Islands’ legal system and in any democratic country, because decisions made by an unelected official undermine the Cabinet’s authority, threatening our democratic values,” Bush said.

He said Cayman’s future is a concern for him.

“Do you think with five grandchildren, one being six-years-old, that I am going to destroy the environment? I have never done it and will not do it,” he said.

Bush, a former environment minister, said credit should be given to DoE Director Gina Ebanks-Petrie for her effort to maintain Cayman’s pristine environment; however, Cayman needs a better balance to manage its growth demands with the environment.

“In a democracy, we need to trust in democratic principles and the collective will of the Caymanian people on issues, including environmental issues,” he added.