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Consent required but no veto on Brexit

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THE UK GOVERNMENT has moved to quell at least some of the concerns of devolved administrations by undertaking to consult with them about the planned Repeal Bill which is a cornerstone of the ConDup pact’s policy on Brexit.

However while consent will be sought, if it is not forthcoming there will be no veto on the UK government’s Brexit legislation.

On Monday (Jun 26) , Brexit Secretary David Davis told the House of Commons: “We expect there will be a significant increase in the decision-making power of each devolved administration once we exit the EU.

“That’s why, given that this bill affects the powers of devolved institutions and legislates in devolved areas, we will seek the consent of the devolved legislatures of the bill.”

The Repeal Bill will – amongst other things – write EU Law into UK law enabling Parliament to decide what to keep and what to reject. However, where the Repeal Bill affects areas of governmental responsibility which are devolved, by convention the Westminster Parliament consults with the devolved legislatures. But the UK Government is not bound by the devolved governments’ positions in such circumstances and the latter bodies cannot veto primary legislation from Westminster.

Last week the Constitutional and Legislative Affairs Committee of the Welsh Assembly released a statement that outlined its concerns that some presently devolved matters – for example autonomy on agriculture – could be the subject of a London-based power grab.

Part of the basis for the concerns stem from the UK Government’s approach to the Wales Act 2017; legislation the Committee concluded was over-complicated, bureaucratic and which did not address many points raised by either the Welsh Government or the National Assembly.

The Committee believes the UK Government must address the question of what is the Union for when considering Brexit legislation.

“What makes Wales’ position particularly uncertain is that the introduction of the Great Repeal Bill coincides with a changing devolution settlement that is untried and untested,” said Huw Irranca- Davies AM, Chair of the Constitutional and Legislative Affairs Committee.

“Once the reserved powers model is in force, the boundaries of our legislative competence will no longer be as we previously understood them, and it is difficult to say with confidence what the legislative competence of the National Assembly will be.

“However, based on the UK Government’s approach in relation to the Wales Act 2017, we are concerned that the National Assembly could lose powers to central control as a result of exiting the EU, particularly in policy areas that have been heavily reliant on EU law.

“Overall, the key issue that needs to be addressed by the UK Government is the creation of a legal and constitutional context that serves the devolved nations and UK following exit from the EU. That context needs to be developed in partnership with devolved nations rather than being imposed upon them.”

The Committee submitted its conclusions to both the House of Commons Procedure Committee, and the Assembly’s External Affairs and Additional Legislation Committee as part of its inquiry into the Great Repeal Bill.

Responding to the Brexit Secretary’s remarks, a Welsh Government spokesman said: “We hope this means they have been listening and taking seriously our very strongly felt concerns that this legislation must not in any way restrict the powers and competencies of the Assembly.

“As set out in our policy paper, Brexit and Devolution, leaving the EU must be about the future, not the past.

“We must work with England, Scotland and Northern Ireland – through discussion, not diktat – to map our collective future.”

 

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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News

Welsh Conservatives demand clarity over EHRC guidance in schools

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THE WELSH CONSERVATIVES have called on the Welsh Government to clarify whether new Equality and Human Rights Commission guidance will be implemented in schools across Wales.

Shadow education minister Sam Rowlands MS has written to Cabinet Minister for Education and the Welsh Language Anna Brychan MS following the UK Supreme Court ruling on the Equality Act.

Mr Rowlands said schools, teachers, governors and parents needed clear answers on how the guidance would apply in practice, including on single-sex spaces, safeguarding, changing facilities and sports participation.

He said: “Parents, teachers and pupils deserve clarity from the Welsh Government.

“Schools cannot be left in limbo while ministers avoid making a decision on such an important safeguarding and legal issue.

“The Equality Act applies in Wales, and schools now need clear guidance on what this means in practice.”

In his letter, Mr Rowlands asks whether updated guidance will be issued to schools in Wales, whether schools will be expected to amend existing policies, and what advice will be given to headteachers on safeguarding and compliance with the Equality Act.

He also asks whether the Welsh Government intends to diverge from the approach set out by the EHRC.

The letter says schools and parents require “clear and consistent guidance” to ensure the rights, dignity and safety of all pupils are respected.

 

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