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Politics

Welsh tribunal system ‘under-resourced’

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TRIBUNALS in Wales do not have the necessary resources to make sure cases are dealt with quickly, efficiently and justly, a committee heard.

Sir Gary Hickinbottom, who is president of the Welsh Tribunals, which oversees seven devolved tribunals, appeared before the Senedd’s legislation committee on October 14.

Labour’s Mike Hedges, who chairs the legislation committee, questioned a combined budget overspend of more than £1m over the past two financial years.

Sir Gary told the committee: “One significant factor is general inflation, particularly in terms of pay and pension payments, and that inflation has not been reflected in the budget.”

Pressed on whether tribunals have the required resources and support to ensure cases are disposed of speedily, efficiently and justly, he said: “I think the real answer is ‘no’.”

He raised concerns about a disparity between the Welsh tribunal budget and actual spending, saying future estimates must more accurately reflect likely expenditure.

Giving evidence on his annual report, his first since being appointed in May 2023, Sir Gary raised the risk of ‘stark’ differences in pay between devolved and non-devolved tribunals.

The former appeal court judge warned any disparity in pay, terms and conditions, training or opportunities could lead people towards non-devolved tribunals.

He said: “Things like rates of pay are more important … than they once were. That’s not to say that judicial office holders are not driven by public service.”

Sir Gary told the committee there was parity of pay rates between devolved and non-devolved tribunals until 2023/24.

But he warned: “Last year, there was a disparity in the pay award because the Welsh Government did not make an award in line with the senior salaries review body recommendations which the UK Government did.

“So, there was a 2% deficiency in Wales compared with the reserved courts and tribunals.

“One understands the financial pressures on the Welsh Government that resulted in that disparity but I’m pleased to say that disparity has now gone.”

Sir Gary added: “That, I think, is very important. It’s not simply the cash, although for some people that’s important – it’s also a mark of the perceived value.”

He warned historical pay differences for non-sitting days remain, and in all cases “there’s disparity against the devolved tribunals in favour of the reserved tribunals”.

Labour’s Alun Davies asked about proposals for structural reform, which include creating a first-tier tribunal divided into chambers and an appeal tribunal for Wales.

Sir Gary said Welsh tribunals are in a peculiar place on the “jagged edge” of devolution, with the justice system reserved to Westminster

He told the committee: “[It’s] really important that these reforms go through, I think – both for the tribunals themselves but particularly, of course, for the tribunal users.

“We’re all here to serve the people of Wales.”

Describing the plans as balanced and coherent, he said: “The scope of the newly reformed tribunals will expand to include things like school admissions and school exclusion appeals.”

Sir Gary told committee members the reforms would “future proof” the system, with scope to bring further devolved areas such as youth justice under the umbrella.

Climate

Pembrokeshire group plans for larger community wind turbine

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A NORTH Pembrokeshire group which has raised more than £76,000 from its community wind turbine for local projects is hoping to expand with a bigger turbine.

In an application to Pembrokeshire County Council, Abergwaun Community Turbine Ltd, through agent Machynlleth-based Dulas Ltd is hoping to get permission for a larger turbine to replace the existing Abergwaun Community Turbine.

The proposed turbine, in a pasture field at Trebover Farm, to the south of Fishguard, would be 67m tall, the existing 2015 one being 45 metres.

In supporting statements, parent company Transition Bro Gwaun said: “The Community Climate Fund (CCF) is the mechanism by which Transition Bro Gwaun (TBG) is fulfilling our ambition of funding projects in Fishguard, Goodwick and across North Pembrokeshire, using income from the community wind turbine.

“The core themes for grants are climate change mitigation and adaptation, enhancement of biodiversity and improvements to community resilience through promotion of community engagement and resource sharing.”

In 2015, TBG raised its 50 per cent share of capital funding for the project by means of loans from 28 local individuals and four community groups, contributing a total of £286,500, the other 50 per cent contributed by landowners Parc-y-Morfa Farms Ltd.

The statement added: “Profit generated by sale of electricity from the turbine is split 50:50 between TBG and Parcy-Morfa Farms Ltd through the jointly owned trading arm, Abergwaun Community Turbine. By the end of 2022, all loans had been repaid, allowing the launch of TBG’s Community Climate Fund.  This year we have awarded our third round of grants bringing the total amount granted to £76,036.”

In 2022, £15,274 was awarded to seven projects, including Fishguard Sports AFC to install solar panels on their clubhouse as part of their Tregroes Park development, Ysgol Bro Gwaun for their Increasing Biodiversity and Bees project, and Nevern Valley Veg / Llysiau Cwm Nyfer to install a solar powered vegetable  irrigation scheme.

In 2023, £39,85 was made available for seven projects, including Sea Trust Wales to part fund the installation of solar panels on the Ocean Lab roof and to produce a display on solar technology, Letterston Memorial Hall to part fund the installation of an air source heat pump heating system, and Fishguard and Goodwick Rugby Club to install solar panels on their clubhouse.

2024 awards of £20,917 were made to six projects, including Theatr Gwaun to insulate their loft to reduce heating loss, Parc Cerrig Growers for developing a rainwater harvesting system with a pond to irrigate their allotments, Caerhys Organic Community Agriculture for an electric cargo bike for delivering organic vegetables in the Fishguard and St Davids areas, and Nevern Valley Veg to develop wildlife ponds and rainwater harvesting for food production.

The supporting documentation concludes: “The repowering of the existing turbine at Trebover would require a limited increase in turbine size which would result in a very limited change in landscape and visual effects in comparison to the existing Trebover turbine.”

The application will be considered by planners at a later date.

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Business

Call to end ‘fad’ of ‘school dogs’ in Pembrokeshire

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A CALL to end the ‘fad’ of permanent ‘school dogs’ in Pembrokeshire for their benefit and the befit of the schools, instead using visiting ‘therapy dogs’ is to be heard next week.

Pembrokeshire County Council’s Schools And Learning Overview And Scrutiny Committee meeting of November 28 will consider a public submission by Robert Thomas – who works with therapy dogs – on the subject of school dogs.

The submission reads: “My definition of a school dog is one that spends long periods in the school and is managed and owned by school employees not outside assessed and insured visiting therapy dogs who stay for an hour with a competent handler.

“The welfare of many dogs in schools in Pembrokeshire has been compromised over the last few years and we are concerned that the rise in the popularity of school-owned or teacher-owned dogs is an animal welfare issue.

“I can think of several school dogs in Pembrokeshire where it has gone wrong for the animal.”

He cites examples of ‘school dogs’ the county, where he says they have had to be removed, with the animals being unsettled, barking and even nipping on occasions, showing “a lack of understanding of animal welfare”.

His submission adds: “We have done some work with the Animal Welfare team at the Welsh Government around licensing this field, a consultation was completed in March 2023, currently awaiting the outcome.

“It has become a fad across the country and many dogs spend all day in schools supported by staff members who have another job to do. It feels like PCC does not have a policy overarching animal welfare policy in schools to protect dogs from being seen as staff members and there purely for human benefit, not the dogs.

“Dogs need to rest and sleep during the day and not in school. The visiting therapy dog model works best as the impact is greatest and the welfare of the dog is managed externally. If the dog is there all the time that can diminish the impact, and the novelty can wear off for the pupils.

“In my experience schools should concentrate on teaching and leave the therapy dog introduction to those that have the expertise in animal welfare.”

The submission will be considered by committee members at the November 28 meeting.

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Charity

‘Grave concerns’ over national insurance hike

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SENEDD Members expressed grave concerns about the impact of the UK Government’s national insurance tax hike on GPs, universities and charities in Wales.

Plaid Cymru leader Rhun ap Iorwerth warned the rise in employer national insurance contributions from 13.8% to 15% in April will have a disproportionate impact in Wales.

He told the Senedd: “Labour are quick to accuse others of fantasy economics whilst their own plans represent nightmare economics for thousands of employers and employees.”

Raising concerns about the impact on job creation and wages, he said employment levels are at their lowest for almost a decade – lower than anywhere else in the UK.

He accused Labour of breaking a manifesto pledge as he pointed to an Office for Budgetary Responsibility (OBR) assessment that three quarters of the cost will be passed to workers.

Leading a debate on November 20, Mr ap Iorwerth called on the UK Treasury to fully cover the added cost to public sector employers in Wales.

He said: “It’s not the private sector only … bearing the brunt. Charities, GPs, universities – sectors already feeling the squeeze, to say the very least – have been taken to the brink.”

He pointed to “eye-watering” bills of £90,000 for some GPs, with the British Medical Association warning some surgeries could close as a consequence.

Mr ap Iorwerth said mental health charity Plattform faces a £250,000 annual bill and Welsh universities, “already crippled by financial challenges”, will face significant further pressures.

Plaid Cymru’s motion urged Welsh ministers to press the UK Government to apply a wider definition of the public sector workforce to include universities, GPs and charities.

Peter Fox, the Conservatives’ shadow finance secretary, similarly accused Labour of breaking a manifesto commitment not to raise tax on working people.

The former council leader said: “Time and time again – the chancellor went on TV and made the claim, only to u-turn after they got into power.”

Mr Fox, who represents Monmouth, said even a 1% rise in employer national insurance contributions for the public sector would cost Welsh taxpayers an extra £100m.

He told the Senedd: “The UK Government has said that it will provide funding to cover the cost of national insurance contributions for those workers.

“However, this will still come out of the taxpayer’s pocket … ultimately it is the taxpayers who are going to pay for the Chancellor’s tax increase.”

Luke Fletcher, Plaid Cymru’s shadow economy secretary, warned the national insurance rise will be a drag on an “already anaemic” Welsh jobs market.

His colleague Sioned Williams, who also represents South Wales West, described the chancellor’s “back-of-a-fag-packet” plans as senseless.

She raised concerns about six-figure increases in tax bills for charities including Tenovus, Marie Curie, Citizens Advice Cymru and the Wastesavers Charitable Trust.

Cefin Campbell, Plaid’ Cymru’s shadow education secretary, said the national insurance increase will cost Welsh universities an estimated extra £20m a year.

The Mid and West Wales MS warned: “Without a shadow of a doubt, these additional costs could push our higher education institutions over the precipice.”

Labour’s Hefin David said difficult decisions had to be made to fill a £22bn “black hole” left by the Tories but he rejected Plaid Cymru claims of a return to austerity.

Dr David told the Senedd: “Yes, tough decisions have to be made but I think that in the longer term, this is to everyone’s benefit.”

Andrew RT Davies, leader of the Conservative opposition, disputed the “incorrect” £22bn figure, saying the OBR found a £9bn gap.

Replying to the debate, Mark Drakeford stressed that neither he nor the Welsh Government has responsibility for national insurance contributions.

Wales’ finance secretary, who was appointed in September, criticised “fantasy economics” from opposition members on the Plaid Cymru and Conservative benches.

Deriding the “politics of the playground”, he said: “Both of them are willing to spend money on almost anything; neither of them are willing to raise the money necessary from anyone.”

Prof Drakeford said the chancellor returned national insurance broadly to where it had been as a share of gross domestic product for 13 of the 14 Conservative years.

The former First Minister pointed out that the UK Government offset national insurance rises on small employers by more than doubling the employment allowance.

He told the debating chamber or Siambr: “If you want to pay for things, you have to find the money to do so. That is what the chancellor had to do. That is how we will get the money that will come to public services here in Wales.”

Senedd Members voted 25-19 against Plaid Cymru’s motion.

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