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Politics

Conservatives accused of contempt for devolution

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THE WESTMINSTER Government is undermining the devolution settlements of each of the UK’s nations according to opposition parties.

Just before the parliamentary recess, the Conservative Government published a White Paper on the future of the UK’s internal market. The same day, July 16, it opened a brief consultation. The Consultation lasted 28 days and ended yesterday, Thursday, August 13.

White papers are policy documents produced by the Government that set out their proposals for future legislation. White Papers are often published as Command Papers and may include a draft version of a Bill that is being planned. This provides a basis for further consultation and discussion with interested or affected groups and allows final changes to be made before a Bill is formally presented to Parliament.

The UK’s devolved administrations have reserved powers for a range of issues, including agricultural and animal welfare standards and building regulations.

The proposals advanced by Westminster would see powers of those two areas of policy removed from the devolved administrations’ control. Building regulations in England are both differently focused and of a lower standard than those in Wales. For example, harmonising building regulations around England’s lowest common denominator could scrap the Welsh Government’s regulation requiring sprinklers to be fitted in new homes.

The UK Government did not consult with any of the UK’s devolved administrations about its proposed legislation before publishing the White Paper and announcing an unusually brief consultation on such an important policy.

POWER GRAB? WHAT POWER GRAB? THAT POWER GRAB
When The Herald put the White Paper’s content to Conservative Shadow External Affairs Minister, Darren Millar, and asked about the change in powers over building regulations and animal welfare standards.

We received a furious response.

“To suggest that this is a power grab is utter nonsense,” fulminated Mr Millar.

We suggested no such thing. We asked only about two regulatory areas covered in a 104-page policy document.

Darren Millar continued: “As a result of the UK’s exit from the European Union scores of new powers are set to be transferred to the Welsh Parliament – so far from being a power grab, this is actually a significant power gain for Wales.

“These powers have never been held before by the Welsh Government and this legislation will give the Welsh Parliament additional levers which can be used to help ensure that economy of Wales recovers from the impact of Covid-19 while ensuring seamless trade across the UK.”
As Mr Millar said that ‘scores of new powers’ are heading the Welsh Parliament’s way, we invited him to identify some of them.

He did not answer in time for our deadline.

The problem for Mr Millar is Government line in the debate on the EU Withdrawal Agreement set out that Westminster will take some powers from Wales, even as it provides additional powers over other areas of policy.

The position was set out by the current Minister of State at the Wales Office, David TC Davies.
In the Withdrawal Agreement debate, David TC Davies said the following: “The reality is that the change will be called a power grab. I did not hear the phrase used today, but it will be described as a power grab. Of course, it is a power grab, and what a wonderful power grab it is, too. We are grabbing powers from Brussels and bringing them back to London.”

He continued: “The Government’s whole purpose is to ensure there is a single market within the United Kingdom. We cannot have a situation where different nation-states within the United Kingdom go off and do their own thing.”

The powers being lost to Westminster over agriculture and building regulations are not examples of devolved administrations ‘going off to do their own thing’ in the future. They are examples of devolved administrations which had exercised their powers and face their policies roll-back.

WESTMINSTER CLAWINGBACK POWER FROM WALESOther Welsh parties are less impressed by the White Paper. Cllr William Powell, the Welsh Liberal Democrat Spokesperson on Agriculture and Rural Affairs, said: “In my view, the manner and content of this consultation demonstrate a lack of respect by the UK Government for the Welsh devolution settlement.

“Under the cloak of enabling Westminster to create a new UK internal market at the end of the Brexit transition period, this most ideological of governments is effectively putting to the sword decades of devolution, validated by the Welsh people in two referenda.”

William Powell continued: “The Bill would allow the UK Government to set out how the devolved administrations would interact with Westminster post-Brexit, compelling Scotland and Wales to accept whatever new standards – in the field of animal welfare, environment and food are built into trade agreements of the future.

“Whereas vital areas of policy, such as agriculture, food safety and the environment are currently overseen by the governments at Holyrood and Cardiff Bay, this UK government clearly wants to have ultimate control over issues previously determined by the EU. In other words, it represents a radical clawback of power, undermining Welsh democracy and giving Boris Johnson and his associates a free hand in post-Brexit negotiations with other countries.

“Welsh Liberal Democrats are committed to respecting the devolution settlement & the principle of Welsh Home Rule. Therefore we roundly condemn the UK Government’s cavalier tactics in this consultation.”

‘THIS IS A POWER GRAB’

For Plaid Cymru, Liz Saville Roberts MP said: “Four weeks and a series of loaded questions over the summer whilst Parliament isn’t sitting is all this Westminster Government has given people in terms of a consultation on a fundamental shift in the constitution of the UK.

“It is as if the Westminster Government cannot even hide its contempt for devolution.
“This is a power grab, plain and simple. From nakedly taking back competencies already held in Wales, to the fact that this legislation was not proposed jointly with the devolved administrations, the Westminster Government is chipping away at two decades of devolution.

“People will not fall for the Westminster double-speak of adding to devolution, these changes will only diminish Wales’s ability to carve its own path.”

NO DISCUSSIONS WITH WESTMINSTER
A Welsh Government spokesperson said: “We support having rules across the UK to regulate the internal market, but these rules must be agreed between the four Governments in the UK, each of which has their own responsibility for economic development. Any new system must have independent oversight and dispute resolution.

“Unfortunately, the UK Government did not manage to share the Paper with us, and Welsh Ministers have had no recent discussions with the UK Government on these issues. Any attempt to unilaterally impose a system will be deeply damaging.”

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Politics

Dowson dissents on new CEO

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A PEMBROKESHIRE county councillor has come forward to oppose the appointment of the authority’s new Chief Executive despite not voting against it when an Extraordinary Meeting of the Council considered.

Controversial Pembroke Dock Central county councillor Paul Dowson issued a press release in which he said that the new CEO had ‘no track record’ in the role.
Last Wednesday (March 31) Pembrokeshire County Council overwhelmingly voted in favour of Major-General Will Bramble’s appointment.

Councillors voted 48 votes for with two abstentions and one against.

Milford Central councillor Stephen Joseph’s was the sole vote against the appointment.

Cllr Joseph is a noted booster of former CEO Ian Westley, whose departure with a £95,000 pay-off caused controversy.

An Audit Wales investigation into the circumstances surrounding Mr Westley’s pay-off is due to report within a few weeks.

Major-General Bramble is currently the Senior British Officer in Italy and Deputy Commander of the NATO Corps in Italy.

His track record was not enough to impress Cllr Dowson, however.

Cllr Dowson said:  “He has no experience in a local authority having spent his career entirely in the military.

“I felt that the massive responsibility that comes with this role and the salary level requires more than just one candidate at final stages.

“Cllrs Josh Beynon and Di Clements both stated, ‘give him a chance”.

“I’m afraid at this level you don’t give someone a chance,especially one with no track record in the job.

“He was a very good candidate but I’m not prepared to make a decision on an option already chosen by the senior staff committee and presented to the full council for approval.

“The candidate was strong but the post should have been readvertised and he should have been put forward for the final round when others were competing for the job too.”

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Politics

Criticism of Labour’s water pollution policy grow

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JANET FINCH-SAUNDERS MS – the Shadow Environment and Rural Affairs Minister – has backed a call from rural economy agency Country Land and Business Association (CLA) Cymru for a targeted response to water pollution in Wales.
Last week, a motion to annul the regulations narrowly failed to pass after Labour used its bloc vote.
Labour has twice voted against rescinding the Welsh Government’s NVZ policy and used a procedural ruse to ram the legislation through without scrutiny.
Among those aiding and abetting Labour was the outgoing MS for Dwyfor Meirionnydd, Dafydd Elis Thomas. He was joined by Caroline Jones, formerly of UKIP, who is odds-on to lose her regional seat at May’s election. Education Minister Kirsty Williams, the Senedd’s sole Liberal Democrat MS, did not vote at all, not even to abstain.
Despite notionally representing a rural area of Wales, Eluned Morgan and Joyce Watson backed the controversial rules, which could drive Pembrokeshire’s small local dairy farmers out of business.

RIGHT OBJECTIVE WRONG METHOD

Fraser McAuley, CLA Policy Advisor, said: “The Government’s laudable objectives can be better met by an approach which focuses attention where it’s most needed. Where a problem doesn’t exist, we should not be imposing unnecessary costs on a hard-pressed sector in a future of uncertainty.

“The crude closed-periods for nutrient-spreading will do everything to encourage more intense spreading in the open-periods. This limits farmers’ capacity to choose the right ground-conditions to add nutrient. In some instances, this could make matters worse!”
Mr McAuley continued: “We really don’t believe the Welsh Government has allocated sufficient resource to do the job. We will be pressing-hard for more capital support through the Farm Business and Sustainable Production Grants. Penalising hard-stretched farmers will lead to more departures from the business by small operators. The livelihood of many small family farms is at-stake.
“We’ve got a great opportunity to get this right in the White Paper on Agriculture. Here, we can create a solution that fits into the big picture: creating a prosperous farming sector based on sustainable land management principles. This is the real goal.”

WG HASN’T LISTENED TO THE SCIENCE

Janet Finch-Saunder said: “CLA Cymru is bang on the money here over Labour’s unfair stance on nitrate vulnerable zones (NVZ).

“As Welsh Conservatives have repeatedly said, a blanket NVZ policy discriminates against farmers who are abiding by the regulations. A targeted approach focused on where it’s most needed means resources can be better and more efficiently applied.
“Unlike Labour, which is peddling a myth that the voluntary approach has failed, I would look to back the Blue Flag Farming approach. We should pursue the Water Standard and work to deliver on the 45 recommendations by the Wales Land Management Forum Sub-Group on agricultural pollution., They have been entirely ignored by the Welsh Government.
“The pandemic hasn’t helped, but farmers in Wales have had a tough time under Labour. Imposing unnecessary costs on this vital sector of the Welsh economy helps no-one and won’t solve the problem.”
Preseli Pembrokeshire MS Paul Davies said: “These excessive and disproportionate proposals will have a massive impact on the viability of many farms across Wales. Even then, Natural Resources Wales has warned that the proposed new rules will have the perverse outcome of making water quality worse.
“The regulations will threaten the sustainability of many farms in Pembrokeshire and have a serious impact on farmers’ mental health. And they will do this while there is still no clear evidence that this action will actually deliver the improvements in water quality that they have set out to achieve.”

‘CULTURE WAR’

Carmarthen East & Dinefwr’s MP, Jonathan Edwards, went further and accused the Welsh Government of stoking a ‘culture war’ between farmers and the environmental lobby for electoral advantage.

Mr Edwards said: “There is nothing new surrounding issues of slurry management. I am, therefore, baffled as to why the Labour Government are so intent on bringing forward this poorly thought out measure a month before an election.
“Creating an all-Wales NVZ seems completely ham-fisted.  A more subtle policy would have concentrated on problematic geographical areas instead of a blanket all-Wales policy.
“The Labour Government have also failed to consider the emergence of innovative slurry management technology.
“Coleg Sir Gar Gelli Aur campus has been working on a dewatering and purification system for slurry resulting in zero waste.   The Labour Government should be using its environmental budget to help the industry make the transition to the use of new technology.”
Jonathan Edwards concluded: “Unfortunately, the Labour Government have decided to engage in the politics of culture war. Its creating division between farmers and the environmental lobby instead of working collaboratively on areas of mutual interest.
“Instead of using farmers as a political football, the Labour Government should be working with our agricultural sector. Its members are already having to contend with the huge challenges created by the Tory British Government’s Brexit policy.”

UNINTENDED CONSEQUENCES

Plaid Cymru’s candidate for Preseli Pembrokeshire, Cris Tomos, said: “It is concerning that the Labour Welsh Government continues to ignore farmers and the farming unions.
“These regulations could be detrimental to the farming community, especially to the Welsh family farm.

“The Labour Welsh Government should be making every effort to work with farmers.”
Cris Tomos added: “It is also concerning that, on the one hand, Labour has pledged to fulfil its ‘One Million Welsh Speakers’ promise, and on the other, it continues to betray the industry with one of the highest rates of Welsh speakers.”

A TIGHT TIMETABLE

If Labour intends to plough on with its legislation, it really has to get its skates on.

The Senedd term ends soon. After that point, Labour will not be able to lay its new regulations.
It has not even published them yet. And that leaves farmers in limbo.
Farmers will not know the detail of the divisive and costly new rules until days before they are due to come into force.
How the Welsh Government can ask a regulator to enforce those rules without a lengthy lead-in is something the Welsh Government has not set out. It has also provided no extra funding to its environment watchdog, NRW, to deal with the rules’ impact and enforcement.

‘GREEN’ CREDENTIALS

Having promised a Clean Air Act for Wales in its 2016 manifesto, it is nowhere near bringing any such legislation forward. It appears it’s more in the presentation and consultation than in the statute book.

Labour Senedd members and ministers who have been remarkably silent on agriculture for the last five years now express a deep and abiding interest in the topic.
As Jonathan Edwards notes above: you’d think there was an election coming.
In contrast to its green branding, Labour withdrew business rates support from small hydropower businesses. It claimed the cost of rates relief to them could not be afforded due to the Covid pandemic. It saved under £1m.
Regardless of when the Welsh Government publishes its regulations, it faces a potential legal challenge from NFU-Cymru. NFU-Cymru says the Welsh Government failed to follow its own rules on the rules’ impact before forcing them through the Senedd.
Labour ministers pressed on without knowing what would happen in practice or, worse, simply turned a blind eye to the consequences. They also ignored the Impact Assessment of the Welsh Government’s own regulator.
Meanwhile, Labour’s Rural Affairs Minister, Lesley Griffiths, broke repeated promises made to the Senedd and farming unions about the regulations’ introduction during the pandemic.
Unfunded, unenforceable rules of unknown impact are unlikely to achieve their aim: that’s not a compelling legislative legacy.
Suppose Labour cannot form a majority government propped up by votes from individuals like Dafydd Elis Thomas. In that case, it will need to haggle over its future plans or face legislative deadlock.
Anyone would think there was an election coming.
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Education

Senedd approves Wales’ National Curriculum

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MEMBERS of the Senedd voted to pass the National Curriculum Bill’s final text, meaning the Curriculum for Wales will now be introduced in 2022. Throughout the debate on its final stage, which took place on Tuesday (March 9), opposition members praised Wales’ Education Minister, Kirsty Williams. Members from all sides saluted her patience and diligence in guiding a significant piece of legislation onto the statute book. Even members who disagreed with the Bill’s content and opposed its passage highlighted the Minister’s personal contribution and commitment to creating Wales’ first national Curriculum. A NATIONAL MISSION The Bill was the subject of intensive scrutiny and broad consultation. Speaking in the Senedd, Mrs Williams said the Bill’s passage was ’a national mission’. “It would have been simpler to cook up plans in Cathays Park in a back office and issue a ‘take it or leave it’ offer,” the Education Minister said. She continued: “But our combined efforts with teachers, academics, parents, and many organisations here and abroad is worth so much more because of that ‘national mission’ spirit.” Kirsty Williams paid a personal tribute to Labour MS Lynn Neagle, Chair of the Children’s and Young Persons’ Committee. Under Lynn Neagle’s leadership, the Committee rigorously scrutinised the Bill and made a series of recommendations in its text. Of the Labour backbencher, Kirsty Williams said: “I conclude by thanking Lynne Neagle for her tough, astute, tenacious, sometimes bloody-mindedness in her approach to this legislation. I mean that as a compliment, Lynne. “As I said earlier, the results of the committee’s work have made this a better Bill.” She had similarly warm words for her Conservative opposite number, Suzy Davies. Mrs Williams acknowledged: “She has worked incredibly hard on this Bill, and I know that she’s been fully committed to the scrutiny process. As I said in opening my comments today, I think we have a better Bill due to the CYPE committee’s efforts. I have gone to great lengths to try and respond positively to the cross-party report that the Committee published to try and meet those aspirations.” Like Mrs Williams, Suzy Davies steps down as an MS in May. She was unable to attend the debate. CURRICULUM CONTROVERSY Despite the Minister’s warm words, the new Curriculum’s journey to the statute book has not been without controversy. Activists railed against the Curriculum’s Religion Values and Ethics element and its focus on Welsh language teaching’s importance to all of Wales’ pupils. The inclusion of Relationships and Sex Education (RSE) in the Curriculum provoked vituperative responses from a small group of parents. They opposed children receiving what they’ve claimed will be inappropriately explicit sexual education. Senior Policy Researcher for NSPCC Cymru/Wales, Dr Sarah Witcombe-Hayes says: “The strength of support for mandatory relationships and sexuality education to be included in the new Curriculum for Wales by leading child protection experts and charities highlights what a game-changer this is. “The changes are long overdue, but in passing this Bill Senedd members are helping to protect children and young people from abuse – making sure every child and young person in Wales can access high quality RSE that is relevant, sensitive and appropriate to their own capacities and needs. “It will help all learners understand their rights to safe, healthy and fulfilling relationships throughout their lives, and schools must now be supported and fully resourced to deliver inclusive and high quality RSE from September 2022.” Regarding Welsh Language teaching and RSE, those with genuine concerns had those worries preyed upon to grandstanding political effect by fringe political movements, such as Ukip and Abolish the Assembly (sic.) Speaking for the latter group, Gareth Bennett said: “The downgrading of English teaching in the interest of immersion in Welsh is a sinister development. It will surely disadvantage Welsh schoolchildren who are not from a background of speaking Welsh at home.” Dr Felix Aubel, a noted controversialist, said: “UKIP would divert millions of pounds by abolishing the legal requirement to forcibly impose the Welsh language on people.” Like Abolish, UKIP will campaign on a platform of abolishing Welsh parliamentary democracy. Those organisations’ concerns on Welsh language education ignore the fact Welsh is the national language of Wales. Every credible educational study underlines how children benefit from bilingual education. HISTORY TEACHING CONCERNS PLAID On Tuesday, further and concerted criticism of the new Curriculum came from Plaid Cymru. Perturbed by the absence of Welsh history’s teaching, Plaid’s Sian Gwenllian announced the party would vote against the Bill in its final stage. Plaid’s Shadow Education Minister said that, although her party supported the Bill’s direction of travel: “Plaid Cymru argued for the inclusion of two other mandatory elements that could also contribute towards creating that social, far-reaching transformation that we want to see, namely the history of Wales in all of its diversity, including black and people of colour history, and environmental education, including climate change.
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