John Griffiths AC /AM
Gweinidog yr Amgylchedd a Datblygu Cynaliadwy
Minister for Environment and Sustainable Development
Bae Caerdydd • Cardiff Bay
Caerdydd • Cardiff
CF99 1NA
English Enquiry Line 0845 010 3300
Llinell Ymholiadau Cymraeg 0845 010 4400
Correspondence.John.Griffiths@wales.gsi.gov.uk
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Staff CCW, EAW and FCW
Dear all,
I have today announced my decision to proceed to create a single body made up of the Forestry Commission Wales, Countryside Council for Wales and the Environment Agency Wales. Some Welsh Government functions may also transfer to the new body. I have taken this decision after considering the business case that has been developed with staff from the three bodies over the past year and that has been endorsed by the joint programme board.
We plan for the new body to come into being on the 1st April 2013. A public consultation on the role and functions of the new body will begin in January 2012. The consultation will be an opportunity for you to tell us what you think the new body should look like and how it could be implemented. In order to ensure that the new body is functional on 1st April 2013, we will need to have a “shadow body” in place from summer 2012. The first steps will be to begin the recruitment of a Chair and Chief Executive in early 2012. Once they are appointed the rest of the senior management team and board members will be recruited. This body will provide us with a more integrated approach to how we manage our environment and its natural resources. Not only will the single body be good for Wales, it’s a major public institution created in Wales with legal powers vested in it by our own Government. In other words, it has been developed in Wales, for Wales. I am sure many of you will share my excitement at the opportunities that the new body will provide, but it is understandable to be asking: “how will this affect me”? I want to use the rest of this letter to address some of the key concerns staff have expressed in the process of drawing up the business case.
TUS involvement
Firstly, I would like to assure you that I expect the Trade Union Side (TUS) to be fully consulted throughout the process including all the detailed discussions on pensions, terms and conditions and transfers into the new body, with both sides engaging in all discussions and negotiations in an open and honest manner. The Implementation Programme is being set up immediately so that we can get on with detailed work on issues such as organisational structures, transfer arrangements, pensions and terms and
conditions and, just as importantly, begin to consult with you and the trade unions on all these issues. Once the shadow body is established work will transfer to it from the Implementation Programme, ready for the 1st April 2013.
Terms and conditions
The Public Bodies Bill requires that, as set out in the Cabinet Office tatement of Practice on Staff Transfers in the Public Sector, the principles laid out in the Transfer of Undertaking Protection of Employment (TUPE) regulations are applied to this decision. I can therefore give assurance that staff will be transferred into the new body according to the principles laid out in the Transfer of Undertaking Protection of Employment (TUPE) regulations, meaning that you bring your existing terms and conditions with you. It would then be for the new body to negotiate with the TUS any future changes that would help to harmonise terms, conditions and pay and grading as part of the process of setting up the body.
Job security
The creation of a new environmental body in Wales will create opportunities for bringing new work and roles into Wales. I can give assurance that I want as much as possible of the efficiency gains from bringing three bodies into one to be reinvested in more work on delivering outcomes for Wales. While there will be some staff who will be asked to undertake different roles in the future organisation, it is my aim that the process of bringing teams together should avoid compulsory redundancies for staff in Wales.
Pensions
I know one of the areas of particular concern is the possible impact on pensions. The business case included two potential pension options: for everyone to stay in their existing pension schemes; or for everyone to move to the Environment Agency Pension Fund (with protected conditions for Principal Civil Service Pension Scheme members in relation to retirement age and contributions). Both options are viable and I expect the TUS to play an active role over the coming month in ensuring that the option we finally select represents the best possible outcome for staff and that the detailed personal implications of the choices are fully explained.
Location
The new body will have a considerable number of offices across Wales and, while I would expect some further rationalisation of this estate, I do want the body to be a truly all-Wales body and I will expect the overall geographical presence in the different areas of Wales to be retained. This means there will be opportunities for staff in all areas of Wales.
Help shape the future
This is an exciting time for natural resource management in Wales. Do take the opportunity over the coming months to shape a future that builds on the positive legacy of the existing bodies to deliver a service which is professional, well respected, and fit to tackle the future social, economic and environmental challenges that lie ahead.
Yours sincerely,
John Griffiths AC / AM
Gweinidog yr Amgylchedd a Datblygu Cynaliadwy
Minister for Environment and Sustainable Development