Politics
Westminster risks ‘souring relationships’ claim
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.
Local Government
Intensive care nurse joins crowded race for Pembroke Dock council seat
Seven candidates confirmed for Market ward by-election following death of long-serving councillor Brian Hall
AN INTENSIVE CARE nurse from Pembroke Dock has been selected as Plaid Cymru’s candidate in a seven-way contest for a vacant seat on Pembrokeshire County Council following the death of long-serving councillor Brian Hall.
Chloe Richards, who works as a Clinical Practice Educator in the Intensive Care Unit at Withybush Hospital, will contest the Pembroke Dock: Market by-election on Thursday (Jul 9).
Richards lives in the ward and volunteers to encourage young people into nursing careers. She is also a trade union representative with the Royal College of Nursing Wales and sits on the organisation’s national steering committee for critical care.
Speaking after her selection, Richards said she was proud to stand for Plaid Cymru and paid tribute to the late Brian Hall, who had represented the community since 1996.
She said: “I am proud to stand as a Plaid Cymru candidate for the Pembroke Dock: Market by-election. I have lived in the ward since I was a teenager and know the community and its people well.
“Unfortunately, this election comes at a sad time. I would like to pay tribute to Brian Hall, who served this community as a dedicated County Councillor since 1996.
“As a nurse and as an active member of the Royal College of Nursing, I have learned how to represent people, campaign for change, and speak confidently on behalf of others. These are exactly the skills I will use to serve Pembroke Dock on Pembrokeshire County Council. I am committed to making a real difference to our community.”
Ceredigion Penfro MS Elin Jones backed Richards’ candidacy, saying: “Chloe is an excellent candidate for Pembroke Dock: Market. She already represents her colleagues in the nursing sector at a national level, and she is determined to be a strong voice for residents in the ward where she lives.”
Richards joins a crowded field of candidates contesting the by-election.
The full list of candidates published following the close of nominations is:
Paul Haywood Dowson – Independent
Claire Francis-Boswell – Independent
Lee Herring – Welsh Liberal Democrats
Ryan Morgan – Reform UK
Chloe Louise Richards – Plaid Cymru
Jamie Street – Welsh Conservative
Hayley Wood – Independent
The seat became vacant following the death of Councillor Brian Hall in April. Hall had served as county councillor for the ward for almost 30 years and was widely respected across the political divide.
Applications to register to vote must be received by midnight on Monday (Jun 23). Postal vote applications must be submitted by 5:00pm on Tuesday (Jun 24), while applications to vote by proxy must be received by 5:00pm on Wednesday (Jul 1).
News
Family reimbursed £22,000 after NHS care funding challenge
WEST WALES HEALTH BOARD ASKED HOW MANY FAMILIES MAY BE PAYING CARE HOME FEES UNNECESSARILY
A FAMILY has been reimbursed more than £22,000 after challenging an NHS decision over care home fees paid for a woman with dementia in Carmarthenshire.
Mrs Hughes, who lived at Towy Castle Care Home in Carmarthen, had been paying around £3,400 a month for her care before her family sought legal advice over whether the NHS should have been funding it through Continuing Healthcare.
The case has raised wider questions about whether families across west Wales may be paying thousands of pounds for care which should legally fall to the NHS.

Mrs Hughes was a resident at Towy Castle Care Home from March 2012 until her death in October 2023. She suffered from dementia and was described as disorientated to time, place and person.
Her son, Mr Hughes, contacted Hugh James Solicitors in October 2023 after the family had exhausted life savings and run out of options to meet the rising cost of care.
Following an assessment, the health board initially recommended NHS Continuing Healthcare eligibility from October 10, 2023, citing a rapid deterioration in Mrs Hughes’ condition shortly before her death.
However, lawyers acting for the family argued that the evidence showed her needs had increased from January 2023, particularly because of escalating challenging behaviour linked to her dementia.
After representations were made, the health board revised its position and accepted that Mrs Hughes met the criteria for Continuing Healthcare from January 2023 to October 2023.
The estate was subsequently reimbursed for the care fees paid during that period, together with interest, totalling just over £22,000.
Continuing Healthcare
NHS Continuing Healthcare, often referred to as CHC, is a package of care arranged and funded solely by the NHS for people who are assessed as having a primary health need.
Unlike social care, it is not means-tested. This means that if someone qualifies, the NHS is responsible for meeting the full cost of their assessed care needs, including care home fees where appropriate.
However, the distinction between health needs and social care needs can be complex, particularly in cases involving dementia.
The issue comes as care costs continue to rise sharply. Healthcare analysts LaingBuisson reported this year that the average weekly fee for a frail older person had reached £1,465, a rise of 10% over the previous year.
Families are often left selling homes or using lifetime savings to meet care home bills, despite some residents potentially being eligible for NHS-funded support.

Legal challenge
Lisa Morgan, of Hugh James Solicitors, works on cases involving wrongly paid care home fees and NHS Continuing Healthcare disputes.
Her team says it has recovered more than £200m from the NHS in recent years on behalf of families who had paid for care later found to be the responsibility of the health service.
The Carmarthenshire case is being highlighted as an example of why families may need to question decisions, particularly where a relative’s condition has deteriorated or where dementia-related behaviour has become more complex.
The Herald understands that Mrs Hughes’ family accepted the revised eligibility period after the health board agreed to backdate funding to January 2023.
Health board asked
The Pembrokeshire Herald has approached Hywel Dda University Health Board for comment on the case, while recognising patient confidentiality restrictions.
The Health Board has also been asked what safeguards are in place to ensure patients who may qualify for Continuing Healthcare are identified at the earliest possible stage.
The Herald has requested figures for the number of CHC assessments carried out across Carmarthenshire, Pembrokeshire and Ceredigion in each of the last three years, including how many resulted in funding being approved, declined, or overturned on review or appeal.
The Health Board has also been asked whether it has seen an increase in applications, reviews or successful appeals involving dementia patients, and whether it has concerns that some families may be self-funding care unnecessarily because of a lack of awareness.
A response was awaited at the time of publication.
Advice to families
Families who believe a relative may qualify for NHS Continuing Healthcare can request an assessment through the NHS or local authority.
A person does not need to have a particular diagnosis to qualify. The assessment should look at the nature, intensity, complexity and unpredictability of their needs.
Where funding is refused, families can ask for the decision to be reviewed.
The case is likely to add to concern that many families are struggling to understand a complicated system while already dealing with the emotional and financial pressure of caring for a loved one.
News
Pembroke Dock Market by-election candidates confirmed
SEVEN candidates will contest the Pembroke Dock Market by-election next month.
Pembrokeshire County Council has confirmed that nominations have closed and the Statement of Persons Nominated has now been published.
Those standing for election are:
- Paul Haywood Dowson – Independent
- Claire Francis-Boswell – Independent
- Lee Herring – Welsh Liberal Democrats
- Ryan Morgan – Reform UK
- Chloe Louise Richards – Plaid Cymru
- Jamie Street – Welsh Conservative
- Hayley Wood – Independent
The election will be held on Thursday (Jul 9).
Applications to register to vote must reach the Electoral Registration Officer by midnight on Tuesday (Jun 23).
Applications for postal votes must be submitted by 5:00pm on Wednesday (Jun 24), while applications to vote by proxy must be received by no later than 5:00pm on Wednesday (Jul 1).
Poll cards will be sent to electors before the election.
Registered 16 and 17-year-olds and qualifying foreign nationals are entitled to vote in this election.
Photographic ID will not be required at the polling station.
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