Environmental laws ‘archaic, scattered’, Parliament committee told

Environmental protection laws in Barbados require a complete overhaul due to their fragmented and outdated nature, a parliamentary committee heard on Thursday.

Appearing before a joint select committee on environmental health legislation, attorney-at-law Christine Toppin-Allahar criticised the current legislative framework as ill-suited to the nation’s needs, particularly highlighting the Environmental Protection Department’s (EPD) lack of proper jurisdiction.

“My difficulty with what is being proposed here is that it’s a bit archaic and what it is showing up is a tremendous cap in environmental management law in Barbados,” she told the lawmakers who met to review the Health Services (Amendment) Bill and the Health Services (Nuisances) Regulations.

The lawyer explained that the EPD currently operates under the Health Services Act despite being housed in a different ministry, creating jurisdictional issues. “I don’t think they have proper jurisdiction under the Health Services Act because only people that are working under the Minister of Health [can enforce it].”

The criticism comes as the government grapples with environmental challenges, including the presence of approximately 4 300 derelict vehicles and buildings identified across the island in 2023. While a vehicle removal programme was launched earlier this year, Toppin-Allahar argued that environmental legislation lacks the necessary strength when challenged in court.

While welcoming government intervention in environmental infractions, she advocated for more comprehensive coverage of environmental issues, including air pollution, noise, and odours, noting that many definitions and guidance have remained largely unchanged.

“We have to look at our own unique circumstances as small island developing states, and see what works for us,” she emphasised.

“I think [the legislation] needs more radical revision than is suggested here, and certainly modernising the nuisance regulations,” she said.