Politics
‘Lack of clarity’ in Wales Bill
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
Bluestone National Park Resort payments to county to end
A CALL to end a 20-year legal agreement for financial contributions associated with the creation of Pembrokeshire’s Bluestone National Park Resort has been backed by both the county council and the national park.
In related submitted applications to both Pembrokeshire Coast National Park and Pembrokeshire County Council, Bluestone Resorts Ltd asked to end a 2004 Section 106 legal agreement, used to pay towards various projects including enhancements to works including footpaths and bridges.
Bluestone has paid nearly £320,000 to date, and offered two further one-off payments to complete the agreement, reports for the two authorities have said.
Works have been predominantly in the area surrounding Bluestone, but include projects as far afield as Nevern, Solva, and Haverfordwest.
A supporting statement says that, since the agreement was made back in 2004, Bluestone has paid nearly £280,000, with the offer of a final fee of £113,000 being paid, spread over 2023, 2024, and 2025.
A report by national park officers, ahead of the Pembrokeshire Coast National Park Development Management Committee meeting of April 24, where it was recommended for approval, said: “Having considered the information submitted, officers consider that provided the two final payments [the 2023 having been made] are received the legal agreement has served its purpose and can be discharged.
“In order to ensure the two final payments are made, a modification to the Section 106 legal agreement is supported. This decision is supported by Pembrokeshire County Council, who have received a concurrent application which is also recommended by officers for modification.”
The report said the £280,000 figure presented by Bluestone actually amounted to £318,703.87, taking into account a 2023 payment of £38,891.73.
It concluded: “The authority is satisfied that subject to two further payments of £38,000 to be made in August 2024 and August 2025, the obligation no longer serves a planning purpose and can be discharged and as such the obligation should be modified accordingly.”
At the April 23 meeting of the county council’s planning committee, members backed the application by 11 votes to two, following a recommendation for approval by Cllr Brian Hall.
The following day, the related application came before national park planners, with three members leaving the meeting as they had declared related interests in the item.
Cllr Rhys Jordan, who had also been present at the previous day’s meeting, moved approval: “The economic benefit of this facility is huge to Pembrokeshire; whilst these contributions may come to an end, the contribution to the county is huge.
“Bluestone has been at the forefront of all things hospitality, and everything they do is with the environment in mind.”
That application was unanimously approved by members present.
News
Too many children in Wales living in poverty – Lib Dems want action
THIS week in the Senedd, the Welsh Liberal Democrats renewed their demands for the implementation of child poverty targets.
According to a report from the Bevan foundation, 29% of children living in Wales are currently experiencing poverty (an estimated 190,000 children).
The same report highlighted that the largest percentage of children living in poverty are from working households or in couple households.
The Welsh Lib Dems are now renewing calls for the Welsh Government to create a set of targets for reducing child poverty, which the party argues will allow for more accountability.
The party has previously called for the implementation of targets, citing recommendations from the Calling Time on Child Poverty Report published in November last year.
Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said: “The latest statistics on childhood poverty in Wales paints a very distressing image of families across the country struggling to make ends meet.
Over the course of the last six years, the proportion of children in poverty has skyrocketed. Fuelled by worsening economic conditions and a complete lack of action from both governments in Westminster and Cardiff Bay.
We cannot act complacent about these figures nor accept the clear lack of progress in fighting child poverty, behind each statistic is a child that the state has failed.
It remains painfully clear that the Welsh Government is failing to make any meaningful progress in this fight, which is why they must follow through with the implementation of clear set targets that will allow for further accountability.
We as a party have continuously called for the creation of these targets and we will not be silenced. For the sake of future generations we urge the Welsh Government to listen.”
Education
Conservative calls for academies and free schools rejected by Senedd
THE SENEDD has rejected calls to introduce free schools and academies after a report found major challenges in Wales’ education system.
Tom Giffard led a Conservative debate on educational attainment, warning that Wales is consistently at the bottom of UK-wide league tables.
The party’s new shadow education secretary pointed to an Institute for Fiscal Studies (IFS) report on education in Wales which found low outcomes and high levels of inequality.
Mr Giffard told the Senedd the IFS report highlights the pitfalls of the Welsh Government putting all its eggs in the basket of a skills-based approach.
Criticising a failure to measure skills inequalities and pupil progress, he stressed that Wales’ lower performance is due to policy and approach rather than funding or the pandemic.
He said: “It seems the Welsh Government relies on Pisa results to tell the story but then, when those same results are all too disappointing, they are dismissed in equal measure.”
Mr Giffard, who previously worked in a primary school, said declines in Pisa results can be observed in almost every country that has adopted a skills-based approach.
Raising concerns about disappointing Pisa results, the South Wales West MS pointed out that Wales saw the lowest scores in the UK for every subject.
Heledd Fychan, Plaid Cymru’s shadow education secretary, warned that Wales’ schools are understaffed and facing difficult decisions due to budgets being at breaking point.
She criticised implementation of the Welsh Government’s additional learning needs (ALN) reforms, saying schools cannot realise the aims without the budget to bring them to life.
Ms Fychan said Plaid Cymru agreed with much of the Tory motion but her party would not support calls for free schools and academies.
Sam Rowlands described the IFS report as damning, warning that the Welsh Government’s education reforms have been disastrous and have widened inequality.
The Tory MS claimed the reforms are systematically holding back disadvantaged children, saying: “The most remarkable fact is that the performance of disadvantaged children in England is either above or similar to the average for all children in Wales.”
Mr Rowlands added: “The poorest in England’s schools are doing the same or better than the Welsh average, thanks to ambition, the academies and free schools.”
Samuel Kurtz, a fellow Tory, said free schools and academies have driven up standards in England as he argued a Wales roll-out provides an opportunity to improve outcomes.
James Evans, the Conservative MS for Brecon and Radnorshire, highlighted the party’s pledge to get 5,000 more teachers into Wales’ classrooms.
Buffy Williams, the newly elected chair of the Senedd’s education committee, said Wales is undergoing a profound transformation propelled by ALN and curriculum reforms.
The Labour MS for Rhondda stressed the importance of listening to teachers and allowing ample time for the reforms to take root in classrooms across Wales.
Altaf Hussain recounted a conversation he had this week with a headteacher at one of the largest schools in his South Wales West region.
The Conservative said: “The major improvements they have been delivering to attainment and addressing behavioural issues are all at risk because of cuts to funding.
“Vital work undertaken to improve the lives of young people with additional needs could be halted because they cannot afford to continue employing the support workers.”
Lynne Neagle recognised the scale and seriousness of work still ahead to improve Wales’ education system, stressing: “I am not, in any way, complacent about that task.”
Wales’ newly appointed education secretary, who takes over from Jeremy Miles, said sustained improvement in attainment will be among her top priorities.
She told the chamber: “My early focus has been to listen closely to schools and where it is clear that schools seek more scaffolding.”
Ms Neagle said the Welsh Government will work with trade unions and employers to reduce workload and eliminate unnecessary red tape.
The Conservative motion was voted down, 14-35, following the debate on April 24. The motion as amended by the Welsh Government was agreed, 26-23.
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