Politics

‘Lack of clarity’ in Wales Bill

Published

8 years ago

November 4, 2016

A REPORT on the Wales Bill, published by the House of Lords Constitution Committee, has stated that the lack of clarity over the demarcation of powers between the UK Parliament and Welsh Assembly not only risks future litigation, but the need for further legislation to clarify the settlement.

The report welcomes the move from a ‘conferred powers’ model (where the Welsh Assembly can only legislate on matters specifically devolved to it) to a ‘reserved powers’ model (where Welsh Assembly can legislate on any subject not explicitly ‘reserved’ by the UK Parliament). The reserved powers model offers a relatively clear and simple division of powers, as well as allowing the Welsh Assembly ‘constitutional space to legislate’. However, the Committee say that the way the Wales Bill implements the reserved powers model undermines these key advantages.

The complexity of the settlement set out in the Wales Bill, in which numerous legal tests interact with hundreds of matters reserved to the UK Government and Parliament, risks the courts being asked to make decisions about whether the National Assembly for Wales has the power to make laws in certain areas. The Committee contrasts this with the simpler settlement set out in the Scotland Act 1998, where the subjects reserved to Westminster are relatively limited, ensuring greater clarity about the devolution of powers.

The Committee also point out that in some areas, the list of reserved matters is so extensive, and the number of legal tests that must be met for the Assembly to use its powers are so vague, that the switch to a reserved powers model is likely to actually result in a return of power from the Welsh Assembly to Westminster.

The Committee call on the Government to explain whether the Wales Bill is actually intended to reduce the legislative competence of the Welsh Assembly in some areas and, if not, what steps they plan to take to ensure that the competence of the Assembly is not inadvertently reduced.

The Committee notes, for example, that absolute restrictions on the Assembly’s ability to modify criminal law in relation to sexual offences may affect its ability to exercise its legislative competence in relation to the protection and well-being of children and young adults.

The Committee notes that there is ‘no evidence of a clear rationale’ for the powers devolved by the Wales Bill and calls on the Government to explain the principles which underpin the devolution proposals set out in the Bill.

The Committee points out that in its recent report, The Union and Devolution, it recommended that further devolution should be managed in a coherent way based on sound principles and clarity about the purpose of the proposed devolution. It says the Government has failed to provide a clear rationale for the scope of powers devolved by the Wales Bill.

Lord Lang of Monkton, Chairman of the House of Lords Constitution Committee, said: “My Committee have taken a long and serious look at devolution within the UK in the last year and we bring that experience with us in examining the Wales Bill.

“We welcome the Wales Bill’s move from a ‘conferred powers’ to a ‘reserved powers’ model of devolution. However, the list of reservations is so extensive, and the legal tests that govern the Assembly’s powers so complex and vague, that it could be a recipe for confusion and legal uncertainty. The outcome is likely to be increased litigation as the courts are asked to decide exactly where the boundaries of the Assembly’s authority lies.

“We are disappointed that there is no clear explanation from the Government as to the rationale for the scope of the powers being devolved under the Wales Bill. As we noted in our report, The Union and Devolution, devolution must take place on the basis of appropriate principles to ensure that the devolution settlements evolve in a coherent way, rather than in a reactive, ad hoc manner.

“The Bill also risks, in some areas, actually reducing the powers of the Welsh Assembly. We have asked the Government whether that was their intention, and if not, how they intend to avoid unintentionally diminishing the Assembly’s powers.

“The Wales Bill starts Committee Stage in the House of Lords next week. This is the first stage where amendments can be made and debated and where the detail of the Bill is examined closely. I hope our report will be helpful to the House in informing that debate.”

This week, the Director of the Welsh Governance Centre, Professor Richard Wyn Jones, also raised concerns that the Wales Bill was being ‘rammed through Parliament’, and suggested that it could be blocked by the Welsh Government. Speaking to the BBC, he said: “It is genuinely hard to find people who aren’t directly involved on the UK government side with a good word to say about this legislation, certainly in terms of the detail,” he said.

“What was striking, we did have a consensus, an all-party consensus, in terms of moving to a reserved powers model.

“What’s particularly depressing is, in the enactments of that good intention, we’ve reached a stage where everybody who is looking at this in a relatively dispassionate way is pointing to some fundamental problems.

“I don’t think that anybody is going into this wanting it to fail, in terms of the critics. This is the only piece of legislation on the table, there is a sense the status quo is unsatisfactory and so people want this to work.

“There have been lots of constructive suggestions for change from the Welsh Government, from the National Assembly presiding office, and yet the legislation is being rammed through Parliament with, so far, only very small changes being conceded.”

However, the Leader of the Welsh Conservatives, Andrew RT Davies, described the ‘landmark’ legislation as offering ‘greater clarity and accountability than ever before in the devolved era’.

“Labour had 13 years in power to address concerns over where power resides and made no meaningful attempt to establish a lasting settlement. Whereas Conservatives have delivered a significant breakthrough, demonstrating our party’s commitment to devolution and the place of Wales as a full partner in the UK,” he added after the MPs gave the Bill an unopposed third reading in September.

“We now have an opportunity to move on from constitutional affairs, and the Welsh Government must now make best use of the tools at its disposal and deliver for Welsh communities; creating jobs, developing the Welsh economy and improving our public services.”

Community

Pembrokeshire town 4G phone mast plans withdrawn

Published

1 day ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS for a replacement 20-metre-high 4G phone mast tower in north Pembrokeshire, which the local town council says would have “an unacceptable adverse impact” on the national park’s beauty have been withdrawn.

In an application before Pembrokeshire Coast National Park, Cellnex, through agent Telent, sought permission to replace an existing 10m high mast with a new 20m 4G tower with three Vodafone antennae and nine mast head amplifiers, and associated works, on land at Dwr-y-Felin Farm, Fford Bedd Morris, Newport.

The application for a 4G mobile base station for the mobile network operator(s) (MNOs) Vodafone Ltd in conjunction with Cornerstone. The application site is owned / operated by Cellnex UK, a radio site infrastructure provider.

A supporting statement accompanying the application said: “The proposed antenna height of 20m is essential to provide new 4G coverage and replacement 2G and 3G service provision to the surrounding area. 4G radio signals are more sensitive to physical obstructions than older technologies.

“This is because the higher the frequency band the greater the reduction in signal strength, increasing the likelihood of dropped calls and reduced data rates for internet browsing,” adding: “Generally, the higher the signal frequency the more it will be impacted by clutter. It is for this reason that there is the height of 20m is required.”

It went on to say it “should be noted that a radio base station within this location has already been considered acceptable and has become an established feature within the area and the proposed upgrade albeit different in design to support the latest equipment will not be of substantial or detrimental harm to the national park, conservation area or heritage assets”.

Newport Town Council had objected to the application, saying: “The proposed development (if approved in its current form) will have an unacceptable adverse impact on the qualities and special landscape and seascape character of the National Park and also on the special qualities of natural beauty and tranquillity.”

The application has now been withdrawn.

Charity

Flats for veterans to be built at VC Gallery, Pembroke Dock

Published

1 day ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to build flats for armed forces veterans on a former Pembrokeshire school yard/playing field next to veterans’ charity the VC Gallery has been approved by county planners.

In an application before Pembrokeshire County Council, veterans’ charity The VC Gallery sought permission for eight flats in two blocks of two-storey buildings, including wheelchair accessible flats, for Armed Forces veterans on land to the east of the former St Marys Catholic School site, Britannia Road, Pembroke Dock.

The former school, which closed in 2019, is currently used as the VC Gallery, itself an expansion of veterans’ charity the VC Gallery’s home in Haverfordwest, set up by Barry John MBE.

Documentation, through agent Pembroke Design Limited included a supporting statement by Barry John MBE, which it says “explains the issues that veterans face after leaving the services, the need for dedicated housing provision, the support that VC Gallery’s staff and volunteers provide and the gaps in current provision which the proposed development will help address”.

It added: “Although the development will provide and encourage independent living for its tenants, essential physical and mental support will be provided by the staff and volunteers in the VC Gallery as required, in accordance with individual veterans’ needs. Many will need a high level of support and the close proximity of the flats to the facilities and people on hand in the adjacent VC Gallery is therefore critical to the proposal’s purpose.”

Mr John’s statement said: “We want to create a unique offer to Armed Forces veterans in Pembrokeshire by offering up not just quality accommodation in a gated and safe environment but to also have a bespoke peer mentoring service.”

He added: “Working alongside our stakeholders The Armed Forces Covenant Fund Trust and the OVA (Office of Veterans Affairs) we have secured a grant to draw up plans and to look at how the secured land at the VC Gallery Pembroke Dock can be turned into a bespoke housing solution for Armed Forces Veterans.

“We have Service level agreements with the local authority for specifically supporting tenancy in veterans which will also extend to giving vital counselling services. Our work with the health board and provision for peer mentorship also gives us great grounding for effective help on a practical level for the veterans’ village but we will need a more designated package around the housing we provide to include both mental health and also maintenance (something we don’t have at present).”

His statement finished: “We think the need is great, we have the land, we have the skills for care and the ambition to help. It would be a project above all social housing enterprises, and we want to make a go of it.”

Politics

Call to stop councillors being employed by MPs and MSs

Published

2 days ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to stop senior Pembrokeshire county councillors being employed by MPs or Senedd members is to come under greater scrutiny at a special council committee.

In a Notice of Motion submitted to the December meeting of Pembrokeshire County Council, Independent Group leader Cllr Huw Murphy said: “While it is acceptable for Cabinet members to hold other employments, no serving county councillor should hold a Cabinet position within Pembrokeshire County Council (PCC) while simultaneously being employed by a sitting Member of Parliament (MP) or Member of the Senedd (MS).

“Cabinet members hold executive responsibilities, and such dual roles risk potential conflicts of interest, particularly if Cabinet decisions conflict with the policies of their employer, often a political party. This concern is heightened in a council where most members are Independents.”

Cllr Murphy’s notice of motion was heard at the December meeting of Pembrokeshire County Council where it was agreed the matter be referred to a future constitutional review committee.

In the registration of interests for the eight members of Leader Cllr Jon Harvey’s Cabinet, only Cllr Joshua Beynon, deputy leader of the Labour Group and Cabinet Member for Corporate Finance and Efficiencies, lists a politician as an employer, in his case newly-elected Mid and South Pembrokeshire MP Henry Tufnell.

Responding to the notice of motion, Cllr Beynon has previously said: “This motion, which appears to target my unique position as a Cabinet Member for Finance and part-time parliamentary employee, raises serious questions about its fairness, legality, and intent.

“At its core, this is a politically motivated motion that seeks to undermine the principles of fairness and freedom. It attempts to dictate lawful employment choices of councillors, disregarding the importance of balancing public service with individual rights. Such an approach risks creating a chilling effect, discouraging capable individuals from serving in public office in the future.”