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The Sustainability Agenda and the Challenge to Law School Clinics Richard Owen

The Sustainability Agenda and the Challenge to Law School Clinics Richard Owen. What is our relationship with future generations going to be?. “Let us be the ancestors our descendants will thank.” Winona Laduke

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The Sustainability Agenda and the Challenge to Law School Clinics Richard Owen

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  1. The Sustainability Agenda and the Challenge to Law School Clinics Richard Owen

  2. What is our relationship with future generations going to be? “Let us be the ancestors our descendants will thank.” Winona Laduke "To all the generations before us: We sincerely accept your apology. And we appreciate that you are willing to let us rebuild the world that you fucked up.” Cameron Kasky (activist and survivor of mass shooting at Parkland, Florida)

  3. Well-being of Future Generations (Wales) Act 2015 “We hope that what Wales is doing today the world will do tomorrow.” Nikhil Seth, Director of Division for Sustainable Development, United Nations  “We hope that what Wales is doing today the world will do tomorrow. Action, more than words, is the hope for our current and future generations.”

  4. What is it? The Well-being of Future Generations (Wales) Act is about improving the social, economic, environmental and cultural well-being of Wales.

  5. Part of a suite of legislation Planning legislation

  6. How does it work? In this Act “sustainable development principle” means “…the [public] body must act in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.” Section 5(1) Well-being of Future Generations (Wales) 2015

  7. How does it work?Well-being duty Each public body must carry out sustainable development. The action a public body takes in carrying out sustainable development must include: • setting and publishing objectives (“well-being objectives”) that are designed to maximise its contribution to achieving each of the well-being goals, • taking all reasonable steps (in exercising its functions) to meet those objectives. Part 2 ‘ Improving Well-being section 3 ‘well-being duty on public bodies’ paragraphs (1) and (2).

  8. Well-being goals

  9. Five ways of working

  10. Which public bodies does the Act include? • Welsh Ministers. • Local Authorities. • Local Health Boards. • Public Health Wales NHS Trust. • Velindre NHS Trust. • National Park Authorities. • Fire and Rescue Authorities. • Natural Resources Wales. • The Higher Education Funding Council for Wales. • The Arts Council of Wales. • Sports Council of Wales. • National Library of Wales. • National Museum of Wales.

  11. Transparency • Well-being statement • Annual reporting • Responding to the Future Generations Commissioner

  12. Auditor General for Wales …the extent to which a body has acted in accordance with the sustainable development principle when: • Setting well-being objectives, • Taking steps to meet those objectives Part 2 ‘Improved well-being’ section 15 ‘the sustainable development principle: Auditor General’s Examinations paragraph (1).

  13. Future Generations Commissioner • Advise, encourage and promote • Research • Carry out reviews • Make recommendations • Future Generations report • Advisory Panel

  14. National Indicators and Milestones An indicator: • Must be expressed as a value or characteristic that can be measured quantitatively or qualitatively measured against a particular outcome; • May be measured over such a period of time as the Welsh Ministers deem appropriate; • May be measureable in relation to Wales or any part of Wales. Part 2 ‘improved well-being’ section 10 ‘national indicators and annual well-being report, paragraph (2).

  15. Public Service Boards • The local authority; • The Local Health Board for an area any part of which falls within the local authority area; • The Welsh Fire and Rescue Authority for an area any part of which falls within the local authority area; • The Natural Resources body for Wales.

  16. Public Service Boards: Invited Participants • Welsh Ministers. • The Chief Constable for a police area, any part of which falls within the local authority area. • The Police and Crime Commissioner for a police area. • Certain Probation Services. • at least one body representing relevant voluntary organisations.

  17. Public Service Boards:Local Well-being plan • Why the PSB feels their objectives will contribute within their local area to achieving the well-being goals, and • How it has had regard to the Assessment of Local Well-being in setting its objectives and steps to take.

  18. Can you deal with the future if you have not dealt with the past?

  19. Can we escape short-termism?

  20. The educational challenge

  21. The educational challenge:Community Café and One Stop Advice Shop

  22. The educational challenge:Health, Wealth and Well-being One Stop Shop

  23. The educational challenge:Yellow Brick Road Project

  24. The educational challenge:Yellow Brick Road Project

  25. The educational challenge:Yellow Brick Road Project

  26. Conclusions • Sustainable development law requires working in ways which are consistent with and promote theories of clinical legal education • It provides an opportunity to become involved in local policy making with important contributions in terms of clinic data and knowledge of communities • It is further evidence of need for legal education to move in direction of interdisciplinary, project-based approach that engages with major societal problems.

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