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Significant concerns for EU citizens in Wales

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THE UK Government’s EU Settlement Scheme (EUSS) is causing significant problems for EU citizens currently living and working in Wales.

LOW REGISTRATION IN WALES
Wales has the lowest rates of registration in the UK.
Only 41% of those eligible to apply for EUSS to stay in Wales after Brexit have done so.
The rhetoric surrounding EU migration since the referendum has taken its toll on people’s emotional wellbeing, meaning they no longer feel welcome to live here.
The UK Government has proposed a £30,000 salary threshold for EU residents to qualify for a work visa after Brexit. This could damage the Welsh economy and leave Wales short of key health professionals, say Welsh employers.
The National Assembly for Wales’ External Affairs and Additional Legislation Committee, which focuses on the implications of Brexit for Wales, is today publishing a report looking at the impact of changes to ‘freedom of movement’ after Brexit. As well as the impact on services and employers, the Committee has looked at the effect on individual EU citizens currently living and working in Wales – there are currently an estimated 80,000.
The Committee heard evidence from a range of health professionals, employers and individuals who would be affected by the proposals to change the immigration system after Brexit.
Organisations representing employers and key workers including the Welsh NHS Confederation, the Royal College of Nursing Wales, Airbus, Universities Wales, Wales TUC and the Arts Council for Wales have voiced serious concerns to the Committee. The UK Government’s proposals for EU citizens after Brexit cause concern to health services and businesses. Under the UK Government’s proposals almost two-thirds of EU workers currently in Wales would not be eligible under the proposed system with the £30,000 salary threshold, and the threshold would lead to a 57% reduction in EU immigration to Wales over 10 years.

EU SETTLEMENT SCHEME – DIGITAL BY DEFAULT
As part of the Committee’s inquiry, it heard evidence from people directly affected by the changes to freedom of movement after Brexit.
The EU Settlement Scheme (EUSS) was established by the UK Government because, in most cases, EU citizens living in the UK will no longer have a legal right to reside in the UK once it leaves the EU and free movement ends.
EU citizens living in the UK must register for the EUSS.
The Committee heard many concerns about the system to register. The UK Government has adopted a ‘digital by default’ approach and there have been issues with the technology. The current system only allows the use of Android phones or tablets, not iPhones.

£30,000 THRESHOLD – TOO HIGH FOR WALES
The Welsh NHS Confederation, the membership body representing all NHS organisations in Wales, told the Committee that the proposals to include EU citizens in its £30,000 salary threshold for a visa would “exacerbate current staffing shortages”. It highlighted that 53% of EU NHS staff currently earn below that.
The Bevan Foundation highlighted that the average salary in Wales for full-time workers is £26,000, significantly below the proposed threshold. Airbus, a large employer in Wales, added that the threshold is “too high for key sectors” which could have implications for many services and industries. They argued that the proposals from the UK Government could “leave gaps in the requirements of Wales which can’t be filled in the short term.”
The Committee believes that a salary threshold set at this level will not meet the needs and requirements of the Welsh economy. It is calling on the UK Government to lower the salary threshold requirements and is recommending that the Welsh Government uses all the means at its disposal to ensure that the currently proposed salary threshold is reduced.

FEELING UNWELCOME
The Committee heard evidence from people affected directly and how many people felt that they were no longer welcome in the UK following the EU referendum.
Some argued that the policy pursued by the UK Government since the referendum has exacerbated this.
Several people said that some of the rhetoric relating to the issue of EU migration had hardened and described the toll that this had had on their emotional wellbeing, and that of friends and family members.
One participant emphasised that it is not simply an administrative process, but that real people are involved and that it was important to remember how the process affects them.
Michal Poreba from Swansea, an EU citizen originally from Poland, who gave evidence to the Committee’s inquiry, said: “The EU settlement scheme and the UK Government’s immigration proposals after Brexit are not simply about administrative processes, they are about people’s lives. Real people are involved and it is important to consider how the process affects them and their families. Yet the debate appears to be all about the practicalities of the implementation.
“Questions are asked why so few people have registered so far and how to increase the uptake. But what does it offer? Why would anybody apply? The facts are that the scheme significantly reduces the rights of the applicants. Going through the process, while technically quite easy and straightforward, feels debilitating and comes with no legal guarantees. It feels like an act of political self-harm. No wonder there are no queues to do it.
“The message repeated by politicians appears to be the same – You will be allowed to stay. We want you to stay. Of course, economically speaking they need us to stay, at least for the short term. But there is a big difference between being allowed to stay, and being welcomed. There is a big difference between a legal right and permission.”

SHORTAGE OCCUPATION LIST
Wales has specific needs. The Shortage Occupation List is an official list of occupations for which there are not enough resident workers (including EU nationals) to fill vacancies. The UK list is supplemented by a separate list for Scotland.
The majority of those who gave evidence to the Committee supported the creation of a Wales-specific Shortage Occupation List to meet the specific needs of Wales. The Committee is calling on the UK Government to establish this, which the Welsh Government would be able to amend according to Welsh needs.
David Rees AM, Chair of the External Affairs and Additional Legislation Committee said: “We have significant concerns about the implications of Brexit on our workforce in Wales. The ending of freedom of movement will have consequences for business and our economy if we lose vital workers. What’s more worrying is the impact that the loss of EU citizens could have on our NHS. We rely on EU citizens who work as nurses and carers.
“We heard some very concerning and emotional evidence from EU citizens and their families living and working in Wales. We must not forget the human impact that the ending of freedom of movement will have.
“We are calling on the Welsh Government to do all it can to get the UK Government to reduce its proposed salary threshold of £30,000 in order to better reflect average earnings here in Wales. Under these proposals, almost two-thirds of EU workers currently in Wales would not be eligible to live here. This could mean that we would not be able to recruit key workers such as nurses and carers from abroad.
“The EU Settlement Scheme for those who already live and work in Wales is full of problems, with an online-only application process and limited access on smartphones, these problems must be addressed urgently.
“Wales’ economy has specific needs and changing demographics within Wales, including an ageing population, are likely to pose new challenges in the future. These challenges within the economy of Wales are likely to be exacerbated by an overly restrictive immigration regime after Brexit.
“Today we’re calling on the Welsh Government to show real leadership and send out a strong message that EU citizens are welcome, valued, and needed in Wales and we’re calling on the UK Government to rethink its proposals and take into account the needs of the Welsh economy and public services.”

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News

Welsh Water has increased sewage discharges into waterways ‘by 40%’

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NEW figures released by the Environment Agency have shown that Dwr Cymru discharged sewage into waterways for a staggering 23,354 hours last year, a 40% increase on 2022. 

The Welsh Liberal Democrats are now calling for tougher action against sewage dumping in Welsh waterways.

The party has also called for a halt on bonuses for water company bosses whose firms have dumped sewage into waterways.

Conservative MPs have consistently voted against measures which would have helped to tackle the crisis.

The Leader of the Welsh Liberal Democrats Jane Dodds MS said: “It is a complete scandal that filthy sewage is being pumped into our nation’s rivers and waterways without consequence.

“It’s beggars’ belief that both the UK Conservative Government and the Welsh Labour government are allowing water firms to get away with this environmental vandalism.

“We as a party are calling for tougher action to stop sewage being dumped in local waterways. We have also called for a halt on bonuses for water company fat cats whose firms have pumped filth into our waterways.”

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News

New bus services announced by Pembrokeshire County Council

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A NUMBER of changes to local bus services will be introduced in the coming weeks as a result of a shake up to bus funding. 

From April 2024, the funding which has been provided directly to bus operators by the Welsh Government to keep services going in the wake of the Covid pandemic will cease. 

Additional funding will instead be provided to Local Authorities to support their local bus network.

In total, Pembrokeshire County Council and the Welsh Government will provide over £3million in support for bus services in Pembrokeshire during the coming year.

As part of this process, all Pembrokeshire’s local bus services have been re-tendered. 

A public consultation, receiving over 300 responses, helped to inform decisions about which services should be prioritised. 

Councillor Rhys Sinnett, Pembrokeshire County Council Cabinet Member for Residents’ Services said: “I am delighted to be able to report that we are able to maintain the whole of Pembrokeshire’s current local bus network in the coming year.

“We have also secured key improvements such as reinstating an hourly service on the 349 route between Haverfordwest and Tenby via Pembroke Dock, and the popular Strumble Shuttle and Puffin Shuttle coastal bus services during the summer.”

The changes will also see two key services, the 302 Haverfordwest to Milford Haven and 349 Haverfordwest to Tenby via Pembroke Dock, brought under Council oversight for the first time. 

This will give the Council greater oversight of service operations and fares.  Pembrokeshire residents will also benefit from a new fare structure on all First Cymru services, due to be introduced from 1 April 2024. 

This will use Tap On Tap Off to allow passengers to pay the cheapest fare depending on the number of journeys they make or distance travelled, and will cap the maximum adult fare at £3 single and £5.40 return. 

More information about these fares can be found on the First Cymru website

A number of additional service changes and improvements are being considered for introduction during the course of the coming year in response to feedback received from the public consultation.  

The following bus service changes have been confirmed:

From 23 March 2024:

  • The Celtic Coaster (403) on the St Davids peninsular will restart for the 2024 season on Saturday 23 March and will run until Sunday 29 September. This is an hourly service, increasing to half-hourly during the whitsun half term and school summer holidays. There will be no service departing Caerfai Road at 13.00 and 13.30.
  • The 351 (Tenby to Pendine via Amroth) will return to its summer timetable.

From 1 April 2024

  • An hourly service will return on the 349 (Haverfordwest to Tenby via Pembroke Dock) service (April to September only).
  • The 356 (Milford Haven to Monkton) service will no longer call at Waterston and Hazelbeach due to operational issues caused by the narrow lanes in this area. The Fflecsi service will still be available.
  • A Saturday service, between 07:30 and 18:30, will be reintroduced in the Fflecsi Mid Pembrokeshire zone (formerly known as Bwcabus). This zone covers the area between Letterston, Crymych, Clunderwen and Wiston.  Passengers can also travel from this zone to Fishguard and Haverfordwest. 
  • The 302 (Haverfordwest to Milford Haven) and 349 (Haverfordwest to Tenby via Pembroke Dock) services operated by First Cymru will come under Pembrokeshire County Council control, giving the Council greater oversight of service operations and fares.
  • The 322 (Haverfordwest to Carmarthen) and 381 (Haverfordwest to Tenby via Narberth) services will be run by First Cymru. The 322 timetable will remain the same. The 381 timetable will remain the same from Haverfordwest to Tenby but journeys from Tenby to Haverfordwest will depart slightly earlier (37 past the hour instead of 45).
  • The X22 and X61 services which provided journeys at the start and end of the day between Pembroke Dock and Kilgetty, and Pembroke Dock and Haverfordwest will be withdrawn.
  • The 410 (Fishguard Town) and T11 (Haverfordwest to Fishguard via St Davids) services will be operated on a commercial (T11 part commercial) basis by Richards Bros. An improved connection with the ferry at Fishguard Harbour will be provided at 12.30.

From 19 May 2024

  • The Tenby Coaster service between Tenby and Saundersfoot will return for the summer season.

From 25 May 2024

  • The 400 Puffin Shuttle and 404 Strumble Shuttle services will return to the coast between Marloes and St Davids, and St Davids and Fishguard. These services will operate 7 days a week until 29 September 2024.  The Fflecsi service is also available in this area throughout the year.
  • The 387/388 Coastal Cruiser service around the Angle Peninsula will also return to its summer timetable, operating 7 days a week until 29th September 2024.

Further information about all Pembrokeshire bus services can be found on the Council’s website.

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Surrogacy: Carmarthenshire solicitor calls for legal reform

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ON the anniversary of the Law Commission’s call for surrogacy law to be overhauled, JCP Solicitors’ Angela Killa, Director in the Family team, is calling on prospective surrogates and parents to better understand the legal rules around this complicated path to parenthood.

Proposing a new regulatory route for surrogacy arrangements in the UK, the Law Commission’s recommendations for the Government puts forward a change to the law so that intended parents would become parents of the child from birth in certain circumstances. Currently, intended parents must wait months to obtain a parental order ¾ which causes stress and anxiety, not to mention administrative difficulties when registering the child.

A Surrogacy Register would also be created under the new proposals, allowing surrogate children to trace their birth origins later in life. Overall, the recommendations laid out in the report would improve regulation of domestic surrogacy to dissuade UK residents from going abroad, as international surrogacy agreements can bring greater risk of exploitation of women and children in some countries.

A year on from the reform suggestions, surrogacy rates continue to rise in the UK – surging by 350% over the past 12 years. Now, legal experts say it is more relevant than ever to understand the full implications of entering a surrogacy agreement.

Angela Killa, Director in the Family team at JCP Solicitors, explains: “In the UK, a surrogate (and her husband or male civil partner, if relevant) are considered the mother (and father) of a child at birth. Intended parents must apply for a Parental Order, which is heard before the Court ¾ making it highly advisable for those involved in surrogacy cases to appoint a Solicitor.

“We often see immense stresses from both the parents and the surrogate, as the current law means that the parental order can take months to obtain which can be incredibly anxiety-inducing.

“For example, intended parents may worry that the surrogate will change her mind or will not give her consent freely, whereas surrogates may also worry that the intended parents may change their mind(s) or make unreasonable demands during pregnancy.

“This feels particularly difficult given the fact that many intended parents are likely to have dealt with a lot of trauma before considering surrogacy: many have faced fertility struggles and may even have dealt with the devastation of failed pregnancies or baby loss. For LGBTQ+ couples, there may have been additional challenges faced due to discrimination or prejudice. Therefore, empathy and consideration is of paramount importance when discussing this issue.”

The government published an interim response to the report in November 2023, with Maria Caulfield MP stating: “While we appreciate the importance of this work, parliamentary time does not allow for these changes to be taken forward at the moment.” Despite this response, legal experts working in surrogacy encourage the Government to take action and fully consider the proposed amendments. 

Angela explains: “The reforms laid out in the Surrogacy Reform Act by the Law Commission may help to ease the stress and pressure for all involved. The Government are encouraged to provide a full response as soon as possible so progress can be made in this important area of law”.

Angela Killa is a member of Resolution, a family law organisation advocating for a constructive approach to family issues.

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