Politics

‘Lack of clarity’ in Wales Bill

Published

9 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.”

Business

Cosheston Garden Centre expansion approved by planners

Published

1 day ago

December 13, 2025

Bruce Sinclair - Local Democracy Reporter

PLANS to upgrade a garden centre on the main road to Pembroke Dock have been given the go-ahead.

In an application to Pembrokeshire County Council, submitted through agent Hayston Developments & Planning Ltd, Mr and Mrs Wainwright sought permission for upgrade of a garden centre with a relocated garden centre sales area, additional parking and the creation of ornamental pond and wildlife enhancement area (partly in retrospect) at Cosheston Garden Centre, Slade Cross, Cosheston.

The application was a resubmission of a previously refused scheme, with the retrospective aspects of the works starting in late 2023.

The site has a long planning history, and started life as a market garden and turkey farm in the 1980s, and then a number of applications for new development.

A supporting statement says the previously-refused application included setting aside a significant part of the proposed new building for general retail sales as a linked farm shop and local food store/deli in addition to a coffee bar.

It was refused on the grounds of “the proposal was deemed to be contrary to retail policies and the likely impact of that use on the vitality and viability of nearby centres,” the statement said, adding: “Secondly, in noting that vehicular access was off the A 477 (T) the Welsh Government raised an objection on the grounds that insufficient transport information had been submitted in respect of traffic generation and highway safety.”

It said the new scheme seeks to address those issues; the development largely the same with the proposed new garden centre building now only proposed to accommodate a relocated garden centre display sales area rather than a new retail sales area with other goods, but retaining a small ancillary coffee bar area.

“Additional information, in the form of an independent and comprehensive Transport Statement, has now been submitted to address the objection raised by the Welsh Government in respect of highway safety,” the statement said.

It conceded: “It is acknowledged that both the creation of the ornamental pond and ‘overspill’ parking area do not have the benefit of planning permission and therefore these aspects of the application are ‘in retrospect’ and seeks their retention.”

It finished: “Essentially, this proposal seeks to upgrade existing facilities and offer to the general public. It includes the ‘relocation’ of a previously existing retail display area which had been ‘lost’ to the ornamental pond/amenity area and to provide this use within the proposed new building and moves away from the previously proposed ‘farm shop’ idea which we thought had merit.

“This revised proposal therefore involves an ‘upgrading’ rather than an ‘expansion’ of the existing garden centre use.”

An officer report recommending approval said that, while the scheme would still be in the countryside rather than within a settlement boundary, the range of goods sold would be “typical of the type of goods sold in a garden centre and which could be sold elsewhere within the garden centre itself,” adding: “Unlike the recent planning application refused permission it is not intended to sell delicatessen goods, dried food, fruit and vegetables, pet products and gifts.”

It added that a transport statement provided had been reviewed by the Welsh Government, which did not object on highway grounds subject to conditions on any decision notice relating to visibility splays and parking facilities.

The application was conditionally approved.

Business

Tenby Poundland site could become retro gaming lounge

Published

2 days ago

December 12, 2025

Bruce Sinclair - Local Democracy Reporter

TENBY’S former Poundland and Royal Playhouse cinema could become a retro computer gaming lounge, plans submitted to the national park hope.

Following a takeover by investment firm Gordon Brothers, Poundland shut 57 stores earlier this year, including Tenby.

Prior to being a Poundland, the site was the Royal Playhouse, which had its final curtain in early 2011 after running for nearly a century.

The cinema had been doing poor business after the opening of a multiplex in Carmarthen; in late 2010 the opening night of the-then latest Harry Potter blockbuster only attracted an audience of 12 people.

In an application to Pembrokeshire Coast National Park, Matthew Mileson of Newport-based MB Games Ltd, seeks permission for a ‘CONTINUE? Retro Gaming Lounge’ sign on the front of the former Gatehouse (Playhouse) Cinema, White Lion Street, most recently used as a Poundland store.

The signage plans form part of a wider scheme for a retro gaming facility at the former cinema site, which has a Grade-II-listed front facade, a supporting statement through agent Asbri Planning Ltd says.

“The subject site is located within the settlement of Tenby along White Lion St. The site was formerly the Gatehouse Cinema and currently operates as a Poundland discount store, which closed on October 18.”

It adds: “This application forms part of a wider scheme for the change of use to the former Gatehouse Cinema. Advertisement consent is sought for a non-illuminated aluminium composite folded panel that will be bolted onto the front façade of the proposed building, in replacement of the existing signage (Poundland).”

It stresses: “It is considered that the proposed advertisement will not have a detrimental impact on the quality of the environment, along with being within a proportionate scale of the building. It is considered that the proposed signage will reflect site function.

“Furthermore, due to the sympathetic scale and design of the sign itself, it is considered that the proposal will not result in any adverse visual amenity impacts.

“The proposal is reduced in sized compared to the existing Poundland advertisement. The sign will not be illuminated. Given the above it is considered that such proportionate signate in association with the proposed retro gaming lounge is acceptable and does not adversely affect visual amenity.”

An application for a retro gaming lounge by MB Games Ltd was recently given the go-ahead in Swansea.

Business

Llandeloy cottage crochet plans given the green light

Published

2 days ago

December 12, 2025

Bruce Sinclair - Local Democracy Reporter

A CALL to change the use of a Pembrokeshire farm holiday cottage to a crochet workshop has been given the go-ahead by Pembrokeshire planners.

In an application to Pembrokeshire County Council, Mr and Mrs Evans of Lochmeyler Farm, Llandeloy, through agent Harries Planning Design Management, sought permission for a change of use of a self-catered cottage to a crochet workshop.

A supporting statement says the application, one of a number of historic farm diversification schemes on site “seeks to continue to evolve with current market demands,” the cottage proposed for the change of use once a former outbuilding that was originally converted in 1992 into “a well-established holiday let”.

It added: “Made by Margo is a well-regarded local business founded by Margo Evans, a passionate lifelong crafter who began knitting at a young age. Her company specialises in creating handcrafted, contemporary crochet products using high-quality natural materials.

“Accordingly, Margo is a highly sought-after teacher known for her popular crochet classes. This proposal is motivated by a recognised need for a permanent space for the business, as to date the applicant has needed to use community halls or similar spaces to accommodate clients.

“Thus, the proposed change of use will secure a permanent space for these workshops and will future proof the business against the lack of availability of public spaces.

“Other alternatives have been considered with the cottage being the most viable option, particularly as demand has waned for holiday cottage post Covid-19. The holiday cottage, whilst once popular, is no longer in high demand, with visitors requiring more modern amenities and larger spaces which without significant investment, this holiday cottage is unable to provide.

“Consequently, the cottage’s change of use will diversify the farm’s revenue, while simultaneously providing a permanent base for a small rural business. While the primary customer base is local, the space may also help attract seasonal tourism and broaden the business’s appeal.”

It says the operation would be on a small scale, with a maximum of six people per class and a three day per-week schedule.

An officer report, recommending approval, said: “The provision of a workshop would have both social and environmental benefits for the applicant and local community through the provision of business and income generated from the operation.

“With regard to environmental impacts, positive environmental impacts would be achieved through the re-use of the building. Whilst the proposed location is in the open countryside, which is not a sustainable location, the proposed operation of the business is low scale. It is considered that the number of trips would be of low frequency when compared to the potential number of trips that are generated from tourism.”

The application was conditionally approved.