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Politics

‘Lack of clarity’ in Wales Bill

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screen-shot-2016-11-22-at-09-41-16A 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.”

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Community

Save Lampeter University petition hits 2,600 in two days

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A 2,600-STRONG petition has been launched calling for a sustainable future for Wales’ oldest university, Lampeter, after fears all undergraduate teaching is to end.

The change.org petition, by John Jennings, was started on November 13 and, to date, has gained 2,579 signatures

It says: “The University of Wales Trinity Saint David (UWTSD) has announced a plan to end all undergraduate teaching at its Lampeter campus by September 2025, a decision that would sever nearly 200 years of Lampeter’s role as a centre of higher education and devastate the local community.

“As alumni, students, and supporters, we call upon UWTSD and the Welsh Government to protect Lampeter’s legacy and commit to a sustainable future for this historic campus.”

It adds: “Lampeter is not only Wales’s oldest university institution but a pillar of its educational and cultural history. By allowing undergraduate teaching to end, UWTSD would undermine the very essence of Lampeter’s mission, weaken the local economy, and sever its historic role as a centre of learning. The town of Lampeter, the alumni community, and the people of Wales deserve better.

“We urge UWTSD and the Welsh Government to halt the planned end of undergraduate teaching at Lampeter and instead work with all stakeholders to create a viable, sustainable plan for the campus. This must include a serious investment in new courses, marketing, and student recruitment efforts to ensure Lampeter’s relevance and appeal for future generations.”

The petition has three demands.

It calls for a “deep and transparent consultation,” saying: “UWTSD must engage meaningfully with all stakeholders, including current students, staff, alumni, and the local community, to ensure that any decision regarding the campus’s future is fully informed by those who care most deeply about its heritage and potential.”

It also asks for a “Commitment to Sustainable Solutions,” saying: “Rather than abandoning Lampeter’s undergraduate provision, UWTSD should commit to a strategy that revitalises the campus, leverages the unique academic and cultural appeal that Lampeter has held for nearly two centuries, and makes use of the considerable skills, knowledge, and dedication of its alumni.”

It finishes: “As outlined in UWTSD’s Royal Charter, the university has a constitutional responsibility to maintain ‘a significant physical University presence’ at Lampeter. Closing undergraduate provision would effectively hollow out the campus, eroding its educational mission and violating the university’s own mandate to uphold Lampeter’s historic role within Welsh higher education.”

A spokesperson for UWTSD said: “The university is aware of the petition. We held a very helpful and extensive meeting with our students on Wednesday afternoon in which we listened to a range of opinions and concerns which we will be carefully considering as we develop the initial proposals further.

“We are early in the process and as well as our students we are discussing the best way forward with staff and representatives of other key stakeholders.”

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Community

Claims Porthgain parking charges to be introduced denied

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PLANNED changes to the Pembrokeshire seaside beauty spot village of Porthgain, which have caused huge divisions in the village, will not lead to parking charges, councillors heard.

Pembrokeshire County Council, in an application before the September meeting of Pembrokeshire Coast National Park’s development management committee, was granted approval for a long list of changes to Porthgain Harbour.

It includes highway and environmental improvements, including new parking bays, a realignment of the existing Llanrhian Road carriageway, resurfacing of existing parking areas, designated pedestrian footways and crossings, and traffic calming features.

The National Park owns the land subject to the application; the proposals securing some £300,000 in Welsh Government funding

Local concerns said the proposal would “change the ‘feral and free’ nature of Porthgain,” and is “a complete urbanisation of a very rural historic working harbour village” and the “natural charm of village will be ruined”.

Speaking at the September meeting, local county councillor Cllr Neil Prior said there had been much local division over the proposals, and he had been to “numerous meetings trying to smooth things out”.

Since then, a 517-strong e-petition was received on the council’s own website, started by Andrew Harries, which was heard at the November 15 meeting of Pembrokeshire County Council’s Services Overview and Scrutiny Committee.

The petition, which claimed the scheme was “nothing more than a cash grab” which would lead to a charged-for car park, said: “We are all dead against the proposals to change Porthgain. The village has been trapped in time since the quarry closed in the 1930s. The original houses, foundations, grounds and landscape have all remained the same since that day all of the workers lost their jobs.

“The proposed plans for Porthgain were drawn up by PCC and The National Parks. The plans would add dedicated parking spaces around the village, zebra crossings, pavements and more.

“To replace the grounds of where the workers and its buildings once stood with pavements and car parks is absolutely disgraceful.

“This is nothing more than a cash grab by PCC and National Parks. The new car park will most likely charge visitors, which will also affect the businesses as well as decrease the villages footfall.”

Speaking at the November meeting, on behalf of the petition creator, chair of local group Pobl Porthgain Robert Jones said he had never seen any traffic-related incidents in the village, and their concerns had been “totally ignored”.

He said the scheme was supported by “people that moved in looking to turn it into a retirement home,” adding: “People who live there aren’t bothered; there’s been traffic in Porthgain since the motor car.”

Local member Cllr Neil Prior said the issue had become “heated” locally, with “a lot of the blame levelled at my door”.

“I feel like there has been a thorough exercise over the last few years to get the majority view, I completely accept it has been difficult, we are talking in any community about different views and different priorities.

“It has caused division in the village, and I regret that, I really hope that the village can come back together.”

He added: “Residents have been in touch with me, people have stepped back from the group because it has felt combative, they have felt it’s an aggressive environment.”

He stressed there were no plans in the scheme to introduce paid-for parking: “I still feel the majority of residents want something. I’m all for public participation and democracy, what has been ramped up is the public outcry, we’ve had things on this that are frankly not accurate.

“We are discussing a petition today, I don’t think it should’ve come to committee, the petition is based on untruth.”

Cabinet Member for Residents’ Services Cllr Rhys Sinnett warned there was a limited timescale to take advantage of the funding, adding: “If the community is saying to us ‘We don’t want any of these measures,’ sadly we’ll walk away, it would be sad if we couldn’t find a way to do some of these works.”

He stressed: “Pembrokeshire County Council has no ownership of the land in that area and no interest in it, with no plans for parking charges.”

Committee chair Cllr Mark Carter hoped there would be some way for all involved to “come together” with sympathetic changes.

After that proposal to encourage all sides to agree suitable changes was defeated, members agreed to merely note the petition.

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Community

Calls to lower speed limit on A487 Fishguard-St Davids road

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SENIOR councillors are being asked to look at lowering the speed limit through a north Pembrokeshire village which has been described as “a serious safety concern for the community”.

Pembrokeshire County Council’s Services Overview and Scrutiny Committee, meeting on November 15, considered a petition, entitled Reduce the Speed Limit at Square and Compass, calling for a reduction of the current 50mph limit on that section of the A487 Fishguard to St Davids road.

The petition, which attracted 127 signatures on the council’s own website, and a further 152 signatures on paper, was started by Emma Tannahill, who hopes the speed will be lowered to 40mph.

It read: “We call on Pembrokeshire County Council to reduce the current speed limit of 50 miles per hour on the main road (A487) through Square and Compass as it is a serious safety concern for the community. This road is home to many families with young children.

“A school bus from Croes Goch Primary School has a drop-off point on this stretch of road which further exacerbates the risk of accidents. In addition, there are young families that cycle to and from Croes Goch primary school along this road.

“This section of road also serves as a thoroughfare for traffic to and from Croes Goch petrol station and Torbant caravan-site. Both of which see a high volume of traffic and pedestrian activity. The high speeds of traffic on the main road is a risk to those coming in and out of these sites.

“In addition to the petrol station and caravan-site there is also a pub and public bus stop, both of which are adjacent to this 50 mile per hour section of road. Reducing the speed limit would significantly improve safety for pedestrians and cyclist.”

At the meeting, committee chair Mark Carter said he had driven through the area after the petition was received, feeling it was “bizarre” it should have a 50mph limit when similar stretches of road in other villages had 40mph and even 20mph limits.

Members heard a lot of technical assessments on potential changes had already been undertaken, along with many other locations, with a likely proposal for a reduction to 40mph at Square and Compass.

Members agreed to note the petition, asking Cabinet members to look at making changes as appropriate.

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