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Politics

WG votes down another rights Bill

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THE WELSH Government has voted down a second Private Members Bill in a week, leading to an angry reaction from the Welsh Conservative Party.

Welsh Conservative AM – Darren Millar – slammed the Welsh Governments ‘tribalism’ as a key contributor to its failings in Wales, and described its rigid approach to politics as ‘comparative of an authoritarian regime’.

Last week, The Herald reported on opposition AMs’ fury that the Welsh Government voted against Assembly Member Paul Davies’ private bill which aimed to ensure increased support for autistic people of all ages, by addressing issues such as health and social services, educational outcomes, access to housing, and employment and providing rights of statutory redress when services fail.

The Older People’s Rights Bill was proposed by Mr Millar, and designed to ensure that older people in Wales were protected, promoted and respected by public sector decision makers.

The Bill was backed by the Older People’s Commissioner, the Equalities and Human Rights Commission, Age Cymru, Age Connects, and the Cymru Older People’s Alliance, amongst others.

Proposals for Mr Millar’s Bill had previously received cross-party support, and the Welsh Government supported a motion which was agreed by the National Assembly for Wales on 12th January 2016 to bring forward legislation to protect and promote the rights of older people.

GOVERNMENT REJECTS STATUTORY RIGHTS

Notwithstanding the Welsh Government’s previous position, it once again waved the shroud of wanting to deal with issues in a holistic way without resorting to legislation ‘at this stage’.

Fear is growing that the Welsh Government is fearful of enacting legislation that confers rights to individuals, preferring instead to listen to service providers whose services might not withstand close scrutiny and a rights-based approach to ensuring compliance with standards.

Speaking in the Assembly, Darren Millar said: “The purpose of the Bill is to build on Wales’s excellent track record to date by embedding a rights-based approach in the development, planning and delivery of public services that affect older people in Wales.

“If given permission, I will seek to consult with stakeholders to develop a Bill that will further enshrine the rights of older people within Welsh law, by placing a duty on Welsh Ministers to have regard to the United Nations Principles for Older Persons when making decisions that may impact upon older people in Wales; that will provide for the ability to extend that due-regard duty to local authorities, health boards and other Welsh public authorities; that will place a duty on Welsh Ministers to promote knowledge of and understanding of the UN Principles for Older Persons; and that will require Welsh Ministers to publish annual reports on their compliance with their older people’s rights schemes—something that doesn’t happen at the moment.”

The proposed legislation was very similar to the Rights of Children and Young Persons (Wales) Measure 2011. A Bill which passed the Assembly with little controversy.

Mr Millar continued: “We embarked upon this journey a number of years ago and we can deliver and pioneer a new rights-based approach for older people’s rights here in Wales. We’ve got an opportunity to develop legislation that will result in practical improvements in the decision making and delivery of public services, that will raise awareness of older people’s rights and give them recognition and status, and that will empower those hundreds of thousands of older people across Wales to access those rights.”

THE TIME IS NOT RIGHT

Responding on behalf of the Welsh Government, Minister for Local Government Julie James suggested that older persons’ rights are already sufficiently protected by a range of Welsh Government measures, including its totemic Wellbeing of Future Generations Act.

In any event, the Welsh Government did not regard the time had yet come for legislation – rather ignoring the point that the current First Minister supported such legislation when he was Health Minister.

Ms James concluded: “While I strongly support the sentiments behind this Bill, the time is not right for this particular bit of legislation. When we do legislate, we should do that holistically for the whole of society and in a way that identifies the needs of all disadvantaged groups.”

Supporting Darren Millar’s bill and suggesting that it should progress to the next stage so elements of it could be incorporated into future Welsh Government legislation, Plaid Cymru’s Helen Mary Jones pointed out: “Unless individuals have mechanisms they can use which don’t depend on the Government and that do not depend on an independent commissioner, but that they can use themselves to enforce those rights, those rights at their very end may not be enforced.”

David Rowlands (UKIP) said: “It is incumbent on statutory authorities to ensure that the core mainstream services are available to older residents in the same way that they are for other people… If children are protected in law, why not the other most vulnerable group, the old?”

THE PAYROLL VOTE VOTES

Concluding the debate, Darren Millar noted that an invitation extended to both himself and the older people’s commissioner to meet with the Government on February 6 to discuss its ‘holistic’ plans for the future was made only the day before the scheduled debate.

As usual, Labour AMs, including ‘independent’ government minister Dafydd Elis Thomas and Lib Dem Kirsty Williams, followed the government line. Two members abstained, Bethan Sayed and Jenny Rathbone. Apart from Ms Sayed, all other opposition parties supported the Bill.

It fell by 27 votes to 21.

Speaking after the vote, Darren Millar said: “This is not the way politics should be handled in this country, and it’s not the footing that the First Minister should start on with his new Government. It’s a tribal attitude and it is holding Wales back.

“The Welsh Government does not have a monopoly on good ideas. Both this Bill – and last week’s Autism Bill – are non-contentious proposals which had widespread cross-party and stakeholder support.

“We are supposed to be a democracy where the ideas of all elected representatives, regardless of their party politics, can be treated with respect, but in Wales, under this regime, that clearly isn’t the case.”

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Politics

Senedd backs review over watchdog ‘stitch up’

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A CALL by the Conservatives for an inquiry into the political impartiality of Wales’ public services watchdog has been backed by Senedd Members.

Sam Rowlands led a debate after the head of investigations at the Public Services Ombudsman for Wales stepped down over anti-Conservative comments online.

Mr Rowlands said the ombudsman’s office, which deals with complaints about councillors and public services, must be impartial and unbiased.

But he warned: “Unfortunately, we now know that this simply has not been the case.

“After revelations that the head of investigations had been, over a long period of time, making torrents of politically motivated, hostile, aggressive comments on social media, it’s clear that the ombudsman has a real problem.”

Mr Rowlands said non-Conservative politicians were also in the firing line with independents in Bridgend and Monmouthshire raising concerns about unfair treatment.

The Conservative MS for North Wales criticised the initial decision to appoint James Goudie KC, a barrister and former Labour council leader, to lead an investigation.

He told the chamber: “It’s almost beyond belief, but then you do remember we are in Labour-run Wales, where this behaviour is just par for the course.

“I am pleased that eventually the individual in question has been removed from this role.”

The former Conwy council leader urged the ombudsman, Michelle Morris, to reopen every investigation involving the former head of investigations.

Mr Rowlands made the case for a full and thorough investigation by a Senedd committee to understand the “exact extent of how deep the rot is” and restore credibility.

Peredur Owen Griffiths, who chairs the finance committee, said it is essential that the ombudsman investigates independently of political interference.

The Plaid Cymru MS, who represents South Wales East, urged caution in the Senedd considering operational matters within the ombudsman’s office

He said: “It is not our role to monitor the day-to-day running of the office, nor should we be challenging the ombudsman’s decision, as that would undermine the integrity of the office and investigations process.

“However, the ombudsman is ultimately accountable to the Senedd, and it is right for us to take action when serious concerns arise.”

Mike Hedges, a Labour backbencher, told the chamber the ombudsman provides an excellent service to the people of Wales in dealing with complaints about public services.

However, he argued the ombudsman is not suited to dealing with complaints about politicians as he called for the creation of an ethical standards commissioner.

The Swansea East MS warned: “Many complaints are politically motivated, and the number increases as you approach local elections.

“And they’re often by people standing against sitting councillors who then make complaint after complaint about them to try and muddy the water.”

Gareth Davies, the Conservative MS for Vale of Clwyd, said trust in the public services ombudsman has collapsed as he argued the watchdog should be replaced.

Llyr Gruffydd, for Plaid Cymru, told MSs that recent revelations around the ombudsman’s office have been deeply regrettable and damaging.

Mr Gruffydd, who represents North Wales, said upholding the highest possible standards is more important than ever in an age of declining trust.

He welcomed the ombudsman’s decision to rethink the appointment of Mr Goudie after the full extent of his Labour links came to light.

Mr Gruffydd criticised calls to wind down the public services ombudsman, saying: “I don’t think the best course of action is to rashly throw the baby out with the bath water.”

He paid tribute to the ombudsman’s hard-working staff “who have been dragged into this unfortunate episode” which has tarnished the office’s reputation.

Lesley Griffiths, responding for the Welsh Government, shared concerns about recent events but stressed that ministers would not advise the ombudsman on how she should respond.

Ms Griffiths, the newly appointed culture and social justice secretary, said public servants must behave with complete political impartiality in their responsibilities.

“This includes not doing anything in their lives outside of work that might cause that impartiality to be called into question,” she said.

The Conservative motion was agreed without objection, doing away with the need for a vote following the debate on April 17.

The Welsh Government had tabled a “delete-all” amendment and it is thought that Labour MSs allowed the Tory motion to pass in error.

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Climate

Clean energy projects ‘harming’ rural Wales, warns Conservative MS

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THE BUILDING of renewable energy projects should not be at the expense of Wales’ rural communities, a Conservative MS has warned.

James Evans, who represents Brecon and Radnorshire, said large-scale wind farms and pylons threaten Wales’ breathtaking landscapes and tourism industry.

Despite his concerns, Mr Evans said he recognised that green energy is crucial to a sustainable future.

He said: “We can’t ignore the potential harm that these projects can inflict on the very communities they’re supposed to help.

“Imagine this: you wake up to the consistent sound of a hum of a turbine blade. Some residents have described this sound as similar to a plane consistently being overhead.

“This isn’t science fiction – it is the reality for many living near wind farms.”

Warning that renewable projects can drastically change the countryside’s character, Mr Evans raised concerns about “shadow flicker” from the colossal structures.

Leading a short debate in the Senedd on April 17, the Tory highlighted a study that found a statistically significant negative impact on property values near onshore wind farms.

Mr Evans said the most concerning aspect is a feeling of voicelessness among residents “who are battling against big corporations like David and Goliath”.

He told the chamber:” Many communities fear that they have little say in the decision-making process surrounding windfarm development.

“Consultations, if they happen at all, can often feel like a mere formality. “

Mr Evans said Planning Policy Wales clearly states cables should be undergrounded but developers often say it is not financially viable.

He told MSs: “All these developments should be designed, in the first instance, to comply with Planning Policy Wales.

“They cannot use costs as an excuse to circumvent the planning policies here in Wales, and I think Welsh ministers need to be a lot stronger in following their own guidance.”

Mr Evans questioned the tangible benefits from developments for rural Wales, saying these are dwarfed by big returns for shareholders.

He argued responsible development is key, calling for noise emission limits, turbines to be placed further from homes and more robust community consultation.

Cefin Campbell, for Plaid Cymru, said his party has no objection to onshore renewables but Wales must question the size and scale of wind farm proposals.

He raised concerns about a “green rush” with developers proposing to build pylons criss-crossing Powys, Ceredigion and Carmarthenshire.

Russell George, the Conservative MS for Montgomeryshire, similarly argued against the “over-proliferation” of wind farms.

His Tory colleague Samuel Kurtz raised the potential for floating offshore wind in the Cetlic sea, saying it is vital to minimise the disruption caused by associated onshore infrastructure.

Janet Finch-Saunders, a fellow Conservative, who represents Aberconwy, also urged ministers to explore undergrounding as an alternative to overhead lines.

Jeremy Miles told the chamber the Welsh Government wants to see a fair transition, which strengthens the economy, creates jobs and supports social change.

Wales’ new economy secretary emphasised that energy is crucial to the economy, with a target of 100% of electricity coming from renewable sources by 2035.

Mr Miles reassured MSs that the planning process is rigorous, robust, transparent and, critically, affords opportunities for community engagement.

He said: “Communities will be heard and decisions will be made balancing the climate emergency and the needs of communities for the long term.”

Stressing that rural Wales is at the forefront of ministers’ thinking, Mr Miles announced plans to convene an independent advisory group on the future of Wales’ electricity grid.

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Politics

20mph policy ‘should be targeted at schools, hospitals and nurseries’

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WALES’ controversial 20mph policy should be targeted at schools, hospitals and nurseries, the new transport secretary has suggested.

Ken Skates, who was appointed to the cabinet last month, told the Senedd there is widespread support for 20mph in areas where children and older people are at risk.

He stressed that ministers want to undertake a “national listening programme” on 20mph, engaging with businesses, communities and citizens across the country.

Mr Skates said: “There is, I believe, a growing consensus in this debate that we can at least build on that 20mph is right around our schools, hospitals, nurseries.”

The transport secretary, who succeeded Lee Waters in Vaughan Gething’s new look Welsh Government, told the chamber ministers must make sure 20mph zones are truly targeted.

He vowed: “Changes will be done with and for the communities we all serve – with the voice of citizens right at the heart of all we do.”

Mr Skates also signalled a potential change in direction on new roads, emphasising: “We will continue to build new roads.

“Whether that’s to address localised congestion, pinch points and poor air quality, to improve safety, or, for that matter, to adapt our road network to the kind of extreme weather that we’re now seeing here in Wales with alarming regularity – we will build new roads.”

Responding to a Conservative debate on Wales’ “not fit for purpose” policies, Mr Skates pledged to change the tone of debate on transport.

Natasha Asghar, the Tory shadow transport secretary, said 20mph has proved hugely unpopular, with a record near-half a million people signing a petition to rescind the policy.

Ms Asghar questioned Welsh Government claims that the policy will save the NHS £92m, saying there is very limited evidence as she called for a detailed breakdown.

Delyth Jewell, Plaid Cymru’s shadow transport secretary, said major change is required as she warned that transport is all too often expensive and difficult to access.

The party’s deputy leader told MSs the price of bus tickets has increased at the same time services are being cut, leaving communities isolated.

Ms Jewell warned that Wales lost out on billions through HS2 as she urged the Welsh Government to challenge UK ministers’ decision through the courts.

She said: “We have paid towards impoverishing ourselves. Neither Sunak nor Starmer sees the need to right that wrong. Westminster will always prioritise Westminster, never Wales.”

Highlighting the climate emergency, John Griffiths stressed the importance of a modal shift from road use to public transport and active travel.

The Labour backbencher said five new railway stations in south east Wales will make a major contribution to easing congestion on the M4.

However, the Newport East MS emphasised that rail infrastructure is not devolved and Wales has only received a “paltry share of investment compared to the rest of the UK”.

Peter Fox, the Conservative MS for Monmouth, reiterated calls for a Chepstow bypass, saying the town is regularly gridlocked with an almost two-mile traffic queue.

He told the chamber: “We need to see the shelved road schemes back on the table to boost the economy and get our congested roads moving once again.”

Labour backbencher Carolyn Thomas argued Wales needs to prioritise investing in existing roads which are in a “dire” condition due to “ever-dwindling” budgets.

The North Wales MS said one council ran out of cash to patch potholes last month.

The Conservative motion also raised concerns about a north-south divide, with £50m allocated to the north Wales metro and more than £1bn to the south Wales metro.

But Mr Skates argued it is not comparing like with like because Wales has powers over lines in the south but rail infrastructure in the north remains the UK Government’s responsibility.

The Tory motion was defeated, 15-36, with Plaid Cymru’s amendment also falling, 10-41, before the motion as amended by ministers was agreed, 27-15 with nine abstentions.

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