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Consent required but no veto on Brexit

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THE UK GOVERNMENT has moved to quell at least some of the concerns of devolved administrations by undertaking to consult with them about the planned Repeal Bill which is a cornerstone of the ConDup pact’s policy on Brexit.

However while consent will be sought, if it is not forthcoming there will be no veto on the UK government’s Brexit legislation.

On Monday (Jun 26) , Brexit Secretary David Davis told the House of Commons: “We expect there will be a significant increase in the decision-making power of each devolved administration once we exit the EU.

“That’s why, given that this bill affects the powers of devolved institutions and legislates in devolved areas, we will seek the consent of the devolved legislatures of the bill.”

The Repeal Bill will – amongst other things – write EU Law into UK law enabling Parliament to decide what to keep and what to reject. However, where the Repeal Bill affects areas of governmental responsibility which are devolved, by convention the Westminster Parliament consults with the devolved legislatures. But the UK Government is not bound by the devolved governments’ positions in such circumstances and the latter bodies cannot veto primary legislation from Westminster.

Last week the Constitutional and Legislative Affairs Committee of the Welsh Assembly released a statement that outlined its concerns that some presently devolved matters – for example autonomy on agriculture – could be the subject of a London-based power grab.

Part of the basis for the concerns stem from the UK Government’s approach to the Wales Act 2017; legislation the Committee concluded was over-complicated, bureaucratic and which did not address many points raised by either the Welsh Government or the National Assembly.

The Committee believes the UK Government must address the question of what is the Union for when considering Brexit legislation.

“What makes Wales’ position particularly uncertain is that the introduction of the Great Repeal Bill coincides with a changing devolution settlement that is untried and untested,” said Huw Irranca- Davies AM, Chair of the Constitutional and Legislative Affairs Committee.

“Once the reserved powers model is in force, the boundaries of our legislative competence will no longer be as we previously understood them, and it is difficult to say with confidence what the legislative competence of the National Assembly will be.

“However, based on the UK Government’s approach in relation to the Wales Act 2017, we are concerned that the National Assembly could lose powers to central control as a result of exiting the EU, particularly in policy areas that have been heavily reliant on EU law.

“Overall, the key issue that needs to be addressed by the UK Government is the creation of a legal and constitutional context that serves the devolved nations and UK following exit from the EU. That context needs to be developed in partnership with devolved nations rather than being imposed upon them.”

The Committee submitted its conclusions to both the House of Commons Procedure Committee, and the Assembly’s External Affairs and Additional Legislation Committee as part of its inquiry into the Great Repeal Bill.

Responding to the Brexit Secretary’s remarks, a Welsh Government spokesman said: “We hope this means they have been listening and taking seriously our very strongly felt concerns that this legislation must not in any way restrict the powers and competencies of the Assembly.

“As set out in our policy paper, Brexit and Devolution, leaving the EU must be about the future, not the past.

“We must work with England, Scotland and Northern Ireland – through discussion, not diktat – to map our collective future.”

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News

Return your postal vote and make your voice count

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POSTAL votes for the upcoming Police and Crime Commissioner election can be returned as soon as received.

Those registered should have received their postal vote information and now is the time to fill it in and pop it back in the post.

You must complete the postal voting statement and your ballot paper for your vote to be counted.

Your postal vote pack includes full instructions on how to complete the form and voting ballot.

There will be two envelopes – complete the postal voting statement and include your ballot paper in envelope A before placing that in envelope B, ensuring the freepost return address is visible.

This helpful YouTube video shows how to complete the postal vote documents.

If you need help with your postal vote form you can also call 01437 775844

There are some changes to postal vote submission and you will need to complete a form with our staff if you decide to hand your postal vote in to a polling station or County Hall reception.

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News

Transport Secretary champions 20mph speed limit changes in Wales

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IN a recent address to the Senedd, Cabinet Secretary Ken Skates unveiled a comprehensive three-phase plan aimed at refining the implementation of 20mph speed limits across Wales. This initiative is part of a broader effort to enhance road safety in residential areas, particularly near schools, hospitals, and other sensitive sites.

Skates emphasised the Welsh Government’s commitment to incorporating the views of Welsh citizens directly into the decision-making process. “We’ve started by listening,” Skates stated, underscoring that the voice of the community is pivotal to the transport policy development. The approach includes a significant public engagement campaign set to run until July, where feedback will be sought from a diverse group of stakeholders including bus drivers, emergency service personnel, businesses, and local council representatives.

The Welsh Government plans to work in close collaboration with local authorities to assess and prepare for the proposed changes. This preparation will involve revising guidelines to determine which local roads might be exempt from the new speed limit, with an updated version expected to be published in July. Following this, councils will initiate detailed consultations from September to ensure community needs are fully addressed.

The phases of the plan as outlined by Skates include:

  1. A robust national listening programme to gather input on road safety concerns from across the community.
  2. A partnership with local authorities to prepare for the changes, encouraging public participation in identifying areas where the 20mph limit should be applied.
  3. Implementation of the changes on the ground, with local authorities adjusting speed limits in accordance with new guidelines and community feedback.

The Cabinet Secretary reiterated the primary aim of the policy: “The principal objective is to save lives and reduce casualties on our roads. We continue to believe 20mph is the right speed limit in key community areas, and what I am doing now is listening to what people want for the roads in their communities, and pressing ahead with refining the policy.”

Skates also made it clear that the final decision on the extent of change would not solely rest with the Welsh Government but would significantly depend on the input from local authorities and the public. Information on how residents can participate in this consultation process will be provided on the Welsh Government’s website, ensuring that all community voices can contribute to shaping the future of their local transport policies.

Responding to a press release from Labour’s Cabinet Secretary for Transport, Natasha Asghar MS, Shadow Transport Minister, said: “Whilst I am waiting with bated breath to hear the Cabinet Secretary outline his transport priorities, I fear all this talk of changes to the government’s flawed 20mph scheme is just another example of Labour ministers paying lip service.

“Ministers might be making all of the right noises on 20mph, but if the Cabinet Secretary is serious about listening to the people of Wales, then he will accept that this law was a terrible mistake and repeal it.

“Only the Welsh Conservatives would scrap this disastrous law and get Wales moving.”

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News

NRW issues new enforcement notice at Withyhedge

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NATURAL Resources Wales (NRW) has taken further enforcement action at Withyhedge Landfill in Pembrokeshire, setting out the urgent steps its operators must take to address the site’s ongoing odour and landfill gas emission issues.
NRW has issued site operators Resources Management UK Ltd (RML) with a further Regulation 36 Enforcement Notice, which requires the operator to deliver a series of actions by specified deadlines – the first due to be achieved by April 21.

The actions include implementing measures relating to gas management infrastructure, further capping areas of the site, and improving interim cover arrangements as the work progresses.

Each step outlined in the Notice must be completed by May 14.

However, the Notice stipulates that most works must be completed before May 8.

The measures are intended to address the odour issues experienced by communities surrounding the site.

Although actions set out in the Section 36 Notice issued in February to prepare and cap a waste cell and install gas infrastructure to contain and collect landfill gases appear to have been completed, the site operator has identified further areas of the site which could be causing problems.

RML submitted their plans to resolve these issues last week.

The proposed solutions informed the actions included in a new S36 notice issued last week.

The new enforcement activity requires the operator to deliver the additional steps they need to take.

If the actions outlined in this new Notice are not complied with, NRW will not hesitate to take further action. The Welsh Government agency will consider all the regulatory tools available, including issuing a Section 37 suspension notice.

A Section 37 Notice would end operations at Withyhedge

Huwel Manley, Head of South West Operations, NRW, said: “NRW is taking additional enforcement action to ensure RML Ltd. takes the urgent action they have identified needed to control the odour issues at Withyhedge Landfill.

“We fully understand the growing discontent from the affected communities, and we feel that it is unacceptable for residents and visitors to the area to continue to be affected by these odour and landfill gas emissions.

“We want to reassure everyone that we are committed to ensuring RML Ltd. deliver the actions they have identified and that they work quickly to resolve this issue.

“While the pressing work required by the operator progresses over the coming days and weeks, the site remains under investigation, and we will continue our regulatory presence.

“Nothing is off the table. If the series of actions required in this Notice are not complied with, we will have no hesitation to take further enforcement action, considering every option available to us under the regulations, including suspending the environmental permit if appropriate.”

Will Bramble, Pembrokeshire County Council Chief Executive, said: “We are extremely disappointed that RML, the company managing the Withyhedge landfill site, has not delivered the necessary action to stop the completely unacceptable odour emissions.

“We fully support NRW’s additional enforcement action and continue to work closely with them to correct the situation.

“We also support NRW’s intent to take further action should it fail to meet the May 14 deadline, including considering suspending the permit.

“Geotechnology is monitoring under the direction of the air quality cell and liaising directly with residents affected.

“We will ensure the data is made available to the public at the earliest opportunity.”

The controversy over £200,000 in donations to Vaughan Gething’s Labour leadership campaign by companies linked to Withyhedge and a further substantial personal donation by company director David Neal continues to dog Wales’s new First Minister.

As revelations continue to bubble up from under the cap that Mr Gething has tried placing on them, the smell from Withyhedge has reached Cardiff Bay. It is beginning to stink out the Senedd.

More details of that story are elsewhere in this week’s Herald.

NRW requests that instances of odour from the landfill continue to be reported via this dedicated form: https://bit.ly/reportasmellwithyhedge.

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