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Politics

Future generations law ‘lacks teeth and funding’

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AN AMBITIOUS law aimed at ensuring future generations in Wales have at least the same quality of life as today lacks teeth and has a laughable budget, a committee heard.

The Senedd’s equality committee took evidence as part of follow-up scrutiny a decade on from the Welsh parliament passing the Wellbeing of Future Generations Act in 2015.

Labour’s Mick Antoniw warned the Act, which aims to put sustainable development at the heart of decision making, lacks impetus and risks being a “bureaucratic tick-box exercise”.

Mr Antoniw, who was involved in early stages of scrutiny of the then-bill, said: “It started off… as a sustainability bill until no one could actually define what they meant by sustainability… came up with the term future generations and… that might be seen to be equally nebulous.”

As well as describing the Act as vague, the former minister suggested Wales’ future generations commissioner has few – if any – powers to hold public bodies to account.

He said: “I always thought that was a mistake right from the beginning, [you] don’t give it proper teeth to actually have the impact that shifts decision making.”

Calvin Jones, an environmental economist, said the commissioner and his predecessor told him their only “big stick” is to “name and shame” which they are reluctant to do. “As soon as you get the stick out, people take their eyes off the carrot,” he said.

 “There’s this constant tension between wanting to chivvy the laggards along but realising once you get a reputation as somebody who’s an auditor effectively then games start being played and boxes start being ticked.

“That tension has always stymied the way in which the commissioners have been prepared to name and shame which was, I think, the only serious bit of teeth in the Act.”

Prof Jones, who left Cardiff University in May, suggested Audit Wales should have more of a role in holding public bodies to account in a similar way to their bookkeeping duties.

He warned of a major lack of funding for the commissioner’s office, describing the money allocated by the Welsh Government as akin to using a sticking plaster on the Titanic.

“Let’s remember we are trying to guide a £30bn public sector with a body which is funded to the tune of £1.6m per annum,” he told the committee. “Now that is absolutely laughable.”

The academic called for a legal duty to ensure at least a 0.1% “haircut” for every public body captured by the Act, generating a total of about £30m a year. “Without that, any future government that wants to hobble the office will just not give it money,” he said.

Eleanor MacKillop, a research associate at the Wales Centre for Public Policy, raised concerns about institutional complexity, with corporate joint committees, public services boards, regional partnership boards, corporate safeguarding boards and councils in Wales.

Jenny Rathbone, who chairs the equality committee, asked how the Act affects people’s daily lives, suggesting public bodies have failed to grasp it as a means to drive change.

Labour MS Jenny Rathbone
Labour MS Jenny Rathbone

Caer Smyth, a law lecturer at Cardiff University, said: “There’s not a clear way that an individual can see how the Act affects their right that they can then go and hold a body to account for. It is, I think, more opaque for that reason compared with other commissioners.”

Giving evidence on June 23, Prof Jones warned of a culture of “box ticking and backside covering” hampering innovation and transformation in the Welsh public sector.

He said: “We have consensus politics in Wales: it’s a consensus of 19 rabbits and a polar bear – the polar bear says what happens and all the rabbits say ‘yes sir, yes ma’am’.”

He questioned the ambition of some public bodies’ wellbeing plans, saying ministers similarly fail to set themselves stretching milestones and timescales they can be held to.

Prof Jones reflected on then-First Minister Mark Drakeford’s decision to scrap plans for an M4 relief road, pointing out that the decision letter did not refer to the Act as a reason.

He told the committee: “He said it’s because it’s too expensive and we have a different view of the environmental costs and a part of me thought: is that deliberate because if he places this ‘no’ on the basis of the Act, it’s going to be open to judicial review?”

But, on the other hand, Prof Jones said it would be difficult to imagine the Drakeford-led government pushing ahead with policies such as the default 20mph without the Act.

In written evidence, Derek Walker, who succeeded Sophie Howe in 2023, said the Act contains no specific enforcement mechanisms – making judicial review the only option.

The future generations commissioner wrote: “This is a difficult and costly procedure. It might mean only a class of people rather than individuals can use it.

“I understand that none of the very few attempts to use the Act in judicial review have obtained permission from the court to proceed.”

 

Business

Maenclochog care home turned down after community concerns

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A CARE HOME scheme for a Pembrokeshire village, which saw objections from the local community council after youngsters had ‘absconded’ from similar sites locally, will need a formal application, planners have said.

In an application to Pembrokeshire County Council, Future Nest Care Ltd, through agent Evans Banks Planning Limited, sought a certificate of lawfulness to allow the use of dwelling house Brynawel, Maenclochog as a care home for two youngsters between the ages of five and 16 with specific needs.

A supporting statement said the youngsters would be supported by three qualified and experienced staff members during the day and two at night; the certificate of lawfulness application made to establish that formal planning permission is not required to use an existing two-storey detached dwellinghouse into a residential care facility to accommodate two children, supervised 24/7 by staff.

It added: “The proposed use is designed to provide a safe, nurturing, and family-style environment to help the young residents develop essential life skills and prepare for independent living. The residing youngsters will attend local schools or colleges and participate in community life, in the same manner as any young person living in a traditional family home.

“The qualified and experienced staff will prepare those children for their re-introduction back into a life without supervised care. The residing youngsters would attend the local school or further education college, as would any youngster under 18 living in a family home.”

However, Maenclochog Community Council objected to the proposals after residents expressed their concerns.

In its objection, it said: “This proposal has raised significant concern within the village, particularly as there are already multiple provisions for similar accommodation on the outskirts of Maenclochog.

“In the past, young people accommodated at these facilities have frequently absconded, leading to repeated searches across the surrounding area. This history heightens local anxiety regarding the introduction of further such provision within the village.”

It added: “Neighbouring residents have not been consulted regarding the proposed change of use, which has led to unease and a lack of confidence in the applicants’ intentions and in the suitability of the site for this form of development.”

It went on to say: “Before any decision is made, Maenclochog Community Council strongly believes that local residents should be afforded the opportunity of a public consultation. While the proposal may represent an economic decision for the property owners, it has wider implications for the village and its residents.”

An officer report recommended refusal of the certificate of lawfulness, concluding that “a material change of use would occur in relation to the proposed use of the site and as a result a certificate of proposed lawful use cannot be granted”.

In refusing the lawfulness call, planners said “the frequency of staff changes and the number of vehicle movements associated with the proposed use of the property would be materially different to those associated with its lawful use as a dwelling,” the material change of use to a care home requiring a formal planning application.

 

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Business

New facilities at Haverfordwest Target Shooting Club agreed

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A CALL by a Pembrokeshire shooting club for more disability-friendly facilities has been given the go-ahead by county planners.

In an application to Pembrokeshire County Council, Haverfordwest Target Shooting Club, through agent Andrew Sutton Architecture, sought permission for an extension to existing target shooting club building at The Firing Range, Withybush Road, Haverfordwest to improve accessibility and internal facilities, together with associated landscaping works.

A supporting statement said: “The club’s own published history states it was founded in 1968, moved from the Drill Hall to the old wartime airfield butts at Withybush by the early 1970s, and had developed facilities over time, including the clubhouse by 1999. The established leisure/community use has existed on the site for a number of years and the proposal does not seek to intensify the core activity beyond that already authorised/established.”

It added: “The primary objective of the scheme is to improve inclusive access to the club’s facilities for disabled users and those with reduced mobility. The internal arrangement will provide adequate entrance and lobby space, clear accessible routes and appropriately designed sanitary accommodation, including an accessible wetroom/shower and separate WC.”

It also said accessible parking and surfacing designed to provide a firm, even, slip-resistant route from parking to the principal entrance.

It added: “The Equality Act 2010 places duties on service providers to make reasonable adjustments so that people with additional access needs are not placed at a substantial disadvantage.

“The proposal is therefore a positive enhancement to a community/leisure facility and supports wider policy objectives for inclusive environments.”

It went on to say: “The club operates within a highly controlled environment, and the proposed works will maintain and enhance safety and security measures.”

The application was conditionally approved by planners.

 

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News

Watchdog criticises health board over £10m GP contract checks

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A HEALTH board has been criticised by Audit Wales after GP contracts worth more than £10m were awarded without sufficient due diligence checks.

Aneurin Bevan University Health Board allowed a GP partnership associated with eHarley Street Primary Care Solutions to take on eight GP contracts in south-east Wales, with a combined annual value of around £10.1m.

Audit Wales said the board should have carried out greater scrutiny before approving the arrangements, including checks on financial resilience, workforce plans, business risks and the partnership’s ability to manage several practices at once.

However, the watchdog found no evidence of fraud and noted the board was dealing with significant pressure in general practice, including vacant contracts and limited interest from other bidders.

The report said weaknesses in governance and scrutiny contributed to later disruption and uncertainty for patients and staff when problems emerged.

Concerns included financial and workforce pressures, unpaid invoices, and issues relating to tax and pension payments. Some contracts were later handed back, requiring the health board to step in to protect services.

Natasha Asghar MS, Welsh Conservative Shadow Cabinet Minister for Health and Social Care, said the findings were “deeply concerning”.

She said: “Patients and staff were left facing disruption and uncertainty because proper scrutiny was not carried out before these contracts were awarded.

“The Welsh Conservatives believe lessons must be learned to ensure robust checks are in place, protect frontline services and restore confidence in primary care across Wales.”

Aneurin Bevan University Health Board accepted the recommendations and said it had already strengthened its processes.

Audit Wales said the case highlighted the need for stronger checks before GP contracts are transferred, particularly when a single partnership is taking on multiple practices in a short period.

 

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