Politics

‘Lack of clarity’ in Wales Bill

Published

9 years ago

November 4, 2016

A REPORT on the Wales Bill, published by the House of Lords Constitution Committee, has stated that the lack of clarity over the demarcation of powers between the UK Parliament and Welsh Assembly not only risks future litigation, but the need for further legislation to clarify the settlement.

The report welcomes the move from a ‘conferred powers’ model (where the Welsh Assembly can only legislate on matters specifically devolved to it) to a ‘reserved powers’ model (where Welsh Assembly can legislate on any subject not explicitly ‘reserved’ by the UK Parliament). The reserved powers model offers a relatively clear and simple division of powers, as well as allowing the Welsh Assembly ‘constitutional space to legislate’. However, the Committee say that the way the Wales Bill implements the reserved powers model undermines these key advantages.

The complexity of the settlement set out in the Wales Bill, in which numerous legal tests interact with hundreds of matters reserved to the UK Government and Parliament, risks the courts being asked to make decisions about whether the National Assembly for Wales has the power to make laws in certain areas. The Committee contrasts this with the simpler settlement set out in the Scotland Act 1998, where the subjects reserved to Westminster are relatively limited, ensuring greater clarity about the devolution of powers.

The Committee also point out that in some areas, the list of reserved matters is so extensive, and the number of legal tests that must be met for the Assembly to use its powers are so vague, that the switch to a reserved powers model is likely to actually result in a return of power from the Welsh Assembly to Westminster.

The Committee call on the Government to explain whether the Wales Bill is actually intended to reduce the legislative competence of the Welsh Assembly in some areas and, if not, what steps they plan to take to ensure that the competence of the Assembly is not inadvertently reduced.

The Committee notes, for example, that absolute restrictions on the Assembly’s ability to modify criminal law in relation to sexual offences may affect its ability to exercise its legislative competence in relation to the protection and well-being of children and young adults.

The Committee notes that there is ‘no evidence of a clear rationale’ for the powers devolved by the Wales Bill and calls on the Government to explain the principles which underpin the devolution proposals set out in the Bill.

The Committee points out that in its recent report, The Union and Devolution, it recommended that further devolution should be managed in a coherent way based on sound principles and clarity about the purpose of the proposed devolution. It says the Government has failed to provide a clear rationale for the scope of powers devolved by the Wales Bill.

Lord Lang of Monkton, Chairman of the House of Lords Constitution Committee, said: “My Committee have taken a long and serious look at devolution within the UK in the last year and we bring that experience with us in examining the Wales Bill.

“We welcome the Wales Bill’s move from a ‘conferred powers’ to a ‘reserved powers’ model of devolution. However, the list of reservations is so extensive, and the legal tests that govern the Assembly’s powers so complex and vague, that it could be a recipe for confusion and legal uncertainty. The outcome is likely to be increased litigation as the courts are asked to decide exactly where the boundaries of the Assembly’s authority lies.

“We are disappointed that there is no clear explanation from the Government as to the rationale for the scope of the powers being devolved under the Wales Bill. As we noted in our report, The Union and Devolution, devolution must take place on the basis of appropriate principles to ensure that the devolution settlements evolve in a coherent way, rather than in a reactive, ad hoc manner.

“The Bill also risks, in some areas, actually reducing the powers of the Welsh Assembly. We have asked the Government whether that was their intention, and if not, how they intend to avoid unintentionally diminishing the Assembly’s powers.

“The Wales Bill starts Committee Stage in the House of Lords next week. This is the first stage where amendments can be made and debated and where the detail of the Bill is examined closely. I hope our report will be helpful to the House in informing that debate.”

This week, the Director of the Welsh Governance Centre, Professor Richard Wyn Jones, also raised concerns that the Wales Bill was being ‘rammed through Parliament’, and suggested that it could be blocked by the Welsh Government. Speaking to the BBC, he said: “It is genuinely hard to find people who aren’t directly involved on the UK government side with a good word to say about this legislation, certainly in terms of the detail,” he said.

“What was striking, we did have a consensus, an all-party consensus, in terms of moving to a reserved powers model.

“What’s particularly depressing is, in the enactments of that good intention, we’ve reached a stage where everybody who is looking at this in a relatively dispassionate way is pointing to some fundamental problems.

“I don’t think that anybody is going into this wanting it to fail, in terms of the critics. This is the only piece of legislation on the table, there is a sense the status quo is unsatisfactory and so people want this to work.

“There have been lots of constructive suggestions for change from the Welsh Government, from the National Assembly presiding office, and yet the legislation is being rammed through Parliament with, so far, only very small changes being conceded.”

However, the Leader of the Welsh Conservatives, Andrew RT Davies, described the ‘landmark’ legislation as offering ‘greater clarity and accountability than ever before in the devolved era’.

“Labour had 13 years in power to address concerns over where power resides and made no meaningful attempt to establish a lasting settlement. Whereas Conservatives have delivered a significant breakthrough, demonstrating our party’s commitment to devolution and the place of Wales as a full partner in the UK,” he added after the MPs gave the Bill an unopposed third reading in September.

“We now have an opportunity to move on from constitutional affairs, and the Welsh Government must now make best use of the tools at its disposal and deliver for Welsh communities; creating jobs, developing the Welsh economy and improving our public services.”

Business

Haverfordwest Kings Arms pub basement flat scheme refused

Published

6 hours ago

February 14, 2026

Bruce Sinclair - Local Democracy Reporter

A SCHEME to convert the basement of a Grade-II-listed former pub in a Pembrokeshire town’s conservation area to a flat has been refused by planners who said it would create an “oppressive living environment”.

In the application to Pembrokeshire County Council, Toyeb Ali Rahman, through agent Hayston Developments & Planning Ltd, sought permission to convert the basement of the former Kings Arms Hotel, Dew Street, Haverfordwest, the building most recently used as an Indian takeaway, to a residential flat.

A supporting statement said: “The Kings Arms Public House was a public house and was formerly a coaching house with a range of former stables to the rear which have been converted to dwellings. It is a mid-terrace property fronting the western side of Dew Street close to the town centre of Haverfordwest,” adding: “Since closure the public house has been used as a takeaway restaurant and is a mixture of flats and offices.”

It went on to say: “The application proposal only involves a small-scale conversion of a basement storage area associated with the former Kings Arms Hotel to a one bedroom residential flat. There would be no extensions with the only external alteration to the building being the replacement of a poorly detailed metal roller shutter door with conventional domestic entrance door with sidelight.

“As such, there would be no change to the impact of the building or proposal on the locality. In fact, basement area is not at all visible from the street scene along Dew Street.”

However, the scheme was refused by county planners on three points.

“The proposed change of use would result in a self-contained residential unit that fails to provide an acceptable standard of residential amenity for future occupiers. The habitable accommodation would be served by no external windows, resulting in inadequate levels of natural daylight and outlook and creating a poor-quality and oppressive living environment.

“Furthermore, insufficient information has been submitted to demonstrate that adequate ventilation, air quality, and moisture control could be achieved without harm to the character and appearance of the listed building.”

Planners also said the proposals would, through its design and use of materials, “fail to respect the special architectural and historic interest of the listed building”.

The final reason for refusal was the scheme would “result in an increase in nitrogen discharges draining into the Milford Haven Inner waterbody of the Pembrokeshire Marine Special Area of Conservation (SAC) where features are known to be in unfavourable condition due to current evidence of both chemical and biological failure,” with insufficient information to demonstrate mitigation measures which would allow the proposed development to achieve nutrient neutrality.

News

New Welsh Government plastic bans held up by internal market talks

Published

18 hours ago

February 14, 2026

Tom Sinclair

Cardiff under pressure from industry and environmental groups as new restrictions loom

THE WELSH GOVERNMENT has confirmed that further bans on single-use plastic products will not be enacted before the end of the current Senedd term — but reiterated its commitment to phasing out what it calls “unnecessary” plastics to protect the environment.

In a written statement on Wednesday (Feb 11), Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs Huw Irranca-Davies said planned “Phase 2” restrictions under the Environmental Protection (Single-use Plastic Products) (Wales) Act 2023 will be delayed as officials work with UK governments to secure an exemption from the United Kingdom Internal Market Act 2020 (UKIMA).

Phase 1 of the act, which came into force in October 2023, already bans a range of commonly littered items such as plastic cutlery, drinks stirrers, polystyrene cups and takeaway containers.

Under Phase 2, ministers had intended to restrict polystyrene lids, single-use plastic carrier bags and products made of oxo-degradable plastic by spring 2026 — but Mr Irranca-Davies said that timetable is no longer feasible this term due to the ongoing negotiations over internal market arrangements.

“We are committed to seeing polystyrene lids … plastic single-use carrier bags or products made of oxo-degradable plastic banned and are working to achieve that as soon as possible,” he said in the statement.

Environmental groups and campaigners have welcomed the Government’s overall ambition but stressed the urgency of moving from pledges to action.

A spokesperson for Keep Wales Tidy said the original legislation was a crucial step in tackling plastic waste, noting that plastics remain one of the most common forms of litter found on beaches and in waterways. “This move shows intent, but communities are looking for swift implementation,” the group added in a recent comment on social media about Wales’s ongoing efforts to reduce single-use plastics.

Wales was one of the first parts of the UK to target carrier bags, introducing a 5p charge for single-use plastic bags in 2011, which saw usage drop dramatically — by over 90 per cent according to government data.

Critics from parts of the business community, including hospitality and retail sectors, have previously expressed concerns over the practical impacts of rapidly changing plastic regulations, particularly where alternatives are not readily available or where internal market uncertainties create compliance challenges for firms operating across the UK.

Mr Irranca-Davies said the Welsh Government remains committed to the wider goals of its Beyond Recycling circular economy strategy — including a **zero-waste **ambition by 2050 — and to ending what he described as a “throw-away culture” that harms the environment and future generations.

He also highlighted progress already made: Wales now ranks among the world’s highest for household recycling rates, a significant rise from less than five per cent at the point of devolution.

The Government says wet wipes containing plastic will be restricted from 18 December 2026 and that it will continue working with UK partners to resolve internal market issues and push remaining bans forward.

Business

Redevelopment plans at Clunderwen dairy farm approved

Published

1 day ago

February 13, 2026

Bruce Sinclair - Local Democracy Reporter

PLANS for new livestock buildings at a Pembrokeshire dairy farm, aimed at “improved animal husbandry” will not lead to an increase in herd size, councillors heard.

In an application recommended for approval at the February meeting of Pembrokeshire County Council’s planning committee, Mr Roblin of Clynderwen Farm, Clunderwen, sought permission for two livestock building at the 210-hectare dairy farm of 280 cows and 235 head of young stock.

A report for members said each livestock accommodation building would have a length of 77 m, a width of 33m, an eaves height of 3.6m and a ridge height of 8.9m.

Both buildings would be parallel to each other and would cover a footprint of 5,082sqm (2,541sqm each). The proposal includes a total of 308 cubicles, loafing and feed areas, with a central feed passage in the middle.

It said the buildings at the site, some 200 metres from the nearby Redhill school and just over a kilometre from Clunderwen, would sit a little lower than those already on site, and the proposals would not lead to any increase in herd size.

Speaking at the meeting, agent Gethin Beynon said the scheme would lead to “improved animal husbandry to serve the existing milking herd and to support the next farming generation”.

He told members the application was accompanied by environmental enhancements and screening, with no objections from members of the public or any statutory bodies.

Mr Beynon went on to say the herd was currently housed in historic farm site buildings that “fall short of current standards,” with a farm move towards Holstein cattle which need more space.

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“It will improve animal husbandry and efficiencies in what is currently a challenging market,” he concluded.

Approval was moved by Cllr Alan Dennison, seconded by Cllr Brian Hall, and unanimously backed by committee members.