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Westminster risks ‘souring relationships’ claim

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THE WALES Civil Society Forum on Brexit, a partnership between the Wales Governance Centre and Wales Council for Voluntary Action funded by The Legal Education Foundation, has responded to the UK Government Consultation on the UK Internal Market.

The UK Government did not consult with any of the UK’s devolved administrations about its proposed legislation before publishing the White Paper and announcing an unusually brief consultation on such an important policy.

On July 16, the UK Government launched a four-week white paper consultation on its post-Brexit UK Internal Market proposals.

The response highlights that the proposals, which suggest an unusually broad system of mutual recognition and non-discrimination, are lacking in detail and represent a serious threat to the regulatory autonomy of the devolved nations.

Under the suggested system, goods and services produced in England would be able to bypass Welsh regulatory requirements by virtue of mutual recognition. This principle states that goods lawfully sold in one part of the UK, can be lawfully sold in the other regions without having to comply with local requirements.

By way of example, if Wales bans a particular single use plastic product but England does not, then this product could not be produced and sold in Wales, but producers in England would be permitted to sell that product in Wales.

The UK Government narrative that this system represents a ‘power surge’ for the devolved administrations by allowing them to maintain their own approach to regulation while preventing internal market barriers resulting from powers returning from the EU has been strongly denounced, especially in Cardiff and Edinburgh.

Charles Whitmore, author of the response, commented that: “From a devolved perspective these proposals are problematic in both process and substance. This is a major constitutional reform that procedurally needs far more than a four-week consultation, in the middle of summer, during parliamentary recess, while many stakeholders are busy tackling Covid-19. This may be a symptom of the UK Government’s self-imposed Brexit deadline, but it is doubtful that the scale of the problem being addressed even requires a legislative response of this nature be rushed through prior to the end of transition.

“It is particularly problematic that a system of mutual recognition is suggested, as this is heavily reliant on effective intergovernmental working and trust. Yet not only has the UK been sorely in need of a reformed system of Intergovernmental Relations for a long time, on this specific issue, the UK Government ceased engaging with the Welsh Government prior to launching the White Paper and did not share it with them beforehand.”

The response draws on examples from Australia, Canada and the European Union to argue that the proposals risk substantively cutting across devolved competence and triggering a race to the bottom by creating pressure to lower standards in areas like the environment, food, and animal welfare.

This stems from an overarching lack of consideration in the white paper both on how to balance frictionless internal trade with the value of devolved autonomy, and how to ensure a level playing field for the devolved administrations in the much-needed intergovernmental governance structures.

As such, key issues like how exceptions and derogations will be managed, as well as how dispute avoidance and resolution will function, are all absent or insufficiently addressed in the proposals.

They also include a highly controversial direct reversal of devolution by suggesting that the UK Government will legislate to provide that subsidiary control is a reserved matter.

Legislation on the UK internal market is expected in the Autumn, but if the UK Government does not revise its position considerably, it is unlikely that legislative consent will be granted in Wales.

The Westminster Government could press ahead regardless, but the Forum claims such a move would ‘undoubtedly further sour relationships – a far cry from the trust and cooperation needed for mutual recognition’.

The FUW’s Dr Nick Fenwick responded to the consultation, saying: “The consideration of such matters in a White Paper within months of the end of the Withdrawal Agreement period gives us very little time to hold proper detailed discussions and introduce the type of structures and bodies we truly need to make recommendations, enforce regulations, arbitrate on matters etc. in a way that is fair.”

“It also gives us very little time to sort out what are huge constitutional issues which also happen to be crucial to the running of Welsh businesses,” he added.

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Campaigners urge Welsh Government to adopt proportional representation for Local Elections

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CAMPAIGNERS are calling on the Welsh Government to introduce the Single Transferable Vote (STV) system for local elections, following moves by two councils to shift away from the First Past the Post (FPTP) system being blocked on technical grounds.

Yesterday (Nov 14), Ceredigion Council voted narrowly, with an 18 to 17 majority, in favor of adopting STV. This follows Gwynedd Council’s decision last month, where 65% of councillors backed the move. However, both councils have been prevented from implementing STV due to a requirement for a two-thirds majority under the Local Government and Elections (Wales) Act 2021.

In recent consultations, public support for STV has been overwhelming, with over 70% in Gwynedd and 67% in Ceredigion favoring the change. Only Powys Council rejected the proposal, despite 60.5% of its respondents supporting STV. Campaigners argue that the current system deprives voters of representation, citing that over 100,000 people were denied a vote in the 2022 elections due to uncontested seats.

The Electoral Reform Society Cymru (ERS Cymru) highlights the contrast with Scotland, where the introduction of STV for local elections in 2007 has significantly reduced uncontested seats. According to ERS Cymru, Scotland has had fewer uncontested seats in the last four elections combined than Gwynedd Council recorded alone in 2022.

Jess Blair, Director of ERS Cymru, said:

“Decisions made in council chambers affect everyone in those areas, so every vote should count. It’s absurd that councils choosing STV are blocked by a technicality, leaving them stuck with an outdated system that denies representation to thousands. The Welsh Government must act to avoid repeating the undemocratic outcomes of the last elections.”

Campaigners are now calling on the Welsh Government to introduce STV across all councils in Wales, ensuring representation that reflects the electorate’s wishes.

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Politics

Alarm over Wales’ domestic violence ‘epidemic’

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DOMESTIC violence against women and girls is the scourge of Wales and a national emergency, Senedd Members warned.

Mabon ap Gwynfor said Welsh police reported more than 45,000 cases of domestic abuse in 2022/23 and almost 10,000 sexual offences the previous year, with many more unrecorded.

Leading a Senedd debate, the Plaid Cymru politician challenged a tendency to believe rural Wales is an exception, with domestic abuse “limited” to urban areas only.

“The evidence shows otherwise,” he said. “Rates of domestic abuse in north Wales are higher than those in the city of London.

“North Wales even faces the same level of sexual crimes as Greater Manchester, which has a population five times the size.”

Mr ap Gwynfor added: “I am afraid the election of President Trump in the US is going to make things much worse as he makes misogynistic attitudes acceptable again.”

He said victims wait a year for support in Cardiff or Merthyr but four months in Swansea, asking: “How can we justify someone’s trauma being dependent on a postcode lottery?”

He told the Senedd that 16 children per 1,000 in north Wales are being seen by sexual assault referral centres compared with a rate of 2.9 per 1,000 in London.

Mr ap Gwynfor said the NSPCC found one in five children have experienced domestic violence, with Childline Cardiff holding 4,000 counselling sessions in the past year.

Calling for urgent devolution, he warned that prosecution statistics suggest sexual violence has effectively been legalised, with victims let down and public trust eroded.

Labour’s Joyce Watson said a vigil will be held outside the Senedd on November 25 to mark White Ribbon Day, the international day for ending violence against women and children.

Ms Watson highlighted her party’s pledge to halve violence against women and girls over the next decade, calling for funding from Westminster to further the aim in Wales.

She told the Senedd: “It is a national threat and it is an epidemic. There’s no getting away from that. It’s deep-rooted, it’s wide-reaching.”

Sioned Williams raised the NSPCC’s calls for sustainable long-term funding for specialist support for children and young people who are survivors of domestic violence.

Her Plaid Cymru colleague Luke Fletcher warned of the “corrosive” effect of social media, calling for a crackdown on misogynistic content targeted at young men.

Responding to the debate on November 13, Jane Hutt pointed to progress made in tackling violence against women and girls but she recognised “so much more needs to be done”.

Ms Hutt, who is Wales’ social justice secretary, highlighted horrifying statistics from July showing that two million women in the UK are victims of male violence every year.

She described domestic violence as a national emergency, with one woman killed by a man every three days and the number of recorded offences up 37% in the past five years.

She hailed the 20th anniversary of the Live Fear Free helpline, a free 24/7 service run by Welsh Women’s Aid and funded by the Welsh Government.

Ms Hutt said she raised evidence of failures in the justice system with Jess Phillips during a meeting with the UK minister

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Senedd debates Eluned Morgan’s first 100 days as First Minister

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SENEDD members debated Eluned Morgan’s record following her first 100 days, with the First Minister rejecting claims she has failed to stand up for Wales.

Andrew RT Davies led a Conservative debate on the eve of November 14, which marks Eluned Morgan’s hundredth day in office.

He accused the First Minister of letting the country down, pointing to the withdrawal of the universal winter fuel allowance for pensioners and warnings of 4,000 premature deaths.

The leader of the opposition also criticised Labour’s decision to raise national insurance contributions for employers, with unemployment in Wales at 5.3% and rising.

Mr Davies said 4,000 patients have been added to NHS waiting lists since the First Minister took office in August, with a total of 614,000 people now waiting for treatment.

He told the Senedd: “That is a damning indictment of government failure here …. That is not standing up for patients here in Wales, it’s not standing up for clinicians, and it’s not standing up, importantly, for the workforce.”

Rhun ap Iorwerth said Baroness Morgan’s first 100 days have shown little evidence of a change in direction from the Welsh Government.

The Plaid Cymru leader said: “By any objective measure, nothing has fundamentally changed in those 100 days.”

He said Baroness Morgan has no plan to grow the economy nor tackle a crisis in the NHS.

Mr ap Iorwerth accused the First Minister of failing to make the case for replacing the Barnett formula, devolving the Crown Estate, and compensating Wales for HS2 spending.

He said: “I’m afraid that what we’ve seen is Labour in Welsh Government, under the new First Minister, shifting into the mode of defending their masters at Westminster….

“A fundamental difference between Plaid Cymru and Labour is that we will never let Westminster diktat hamper our ambitions for Wales.”

Labour’s Hefin David was unconvinced by the 100-day measure of success, which was coined by former US President Franklin Roosevelt in the 1930s.

He said: “It worked for him; I’m not sure it’s going to work so much across modern politics, which moves so quickly and so differently.”

He suggested the next Senedd election in 18 months will be a much better yardstick.

The Caerphilly Senedd Member pointed out that Wales’ first female First Minister, from Ely, Cardiff, one of the poorest parts of the UK, succeeded against the odds.

Describing Baroness Morgan as a “listening First Minister”, Dr David joked: “She’s the only First Minister who gives me a cwtch every time I see her. I can see Mark Drakeford getting a little worried there. I’m not expecting anything, finance minister.

“But I do think it demonstrates the warmth of Eluned Morgan.”

Responding to the debate, Eluned Morgan reeled off a list of achievements including £28m to cut waiting times, £13m on better end of life care and a new north Wales medical school.

She said £7.7m has been invested in a specialist burns and plastic surgery centre at Swansea’s Morriston Hospital, serving ten million people from Aberystwyth to Oxford.

Baroness Morgan lauded a “landmark” £1bn investment in the redevelopment of Shotton Mill, Deeside, protecting 137 jobs and creating 220 more.

She claimed the Labour Welsh and UK Governments also secured a better deal for Tata steelworkers, accusing the Tories of failing to budget for a £80m transition fund.

“This is a lengthy list,” she said. “But it could be longer and it will be longer as we continue to deliver…. The first 100 days demonstrates how Welsh Labour is delivering real investment, real jobs, real support for communities – not promises and pledges but delivery.

“I am so proud of everything this government has already delivered since I became First Minister and I’m optimistic about what we can achieve as we move forward.”

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