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Politics

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.

 

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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