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Presiding Officer rules Welsh Government legislation ‘outside powers’

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CONTROVERSY over Labour and Plaid Cymru’s plan to ram through Senedd reform continued this week.

The Senedd’s Presiding Officer, Elin Jones, announced plans to compel political parties to rig the closed candidates lists that underpin the parties’ wish to stitch up Welsh elections were outside the Welsh Parliament’s powers.

The Labour/Plaid proposals provide that if a political party puts forward a list of two or more candidates in a Senedd constituency, they must ensure that:

  • At least 50% of their candidates are women (known as the ‘minimum threshold’), and
  • A woman must immediately follow all candidates who are not women unless they are last on the list (known as the ‘vertical placement criteria’).

The Bill proposes introducing rules at the constituency level and across all constituencies represented by a political party.

Suppose a political party puts forward candidates in two or more constituencies. In that case, the Bill forces it to ensure that the first or only candidate on at least half the lists submitted by a party must be a woman (known as the ‘horizontal placement criteria’).

The proposed legislation sidesteps a row on transgender women by ignoring the issue altogether. Instead, it appears to allow self-declaration.

As part of the nomination process, candidates must state whether they are women. This statement will be used to enforce the quotas. Constituency Returning Officers (CROs) will take these statements at ‘face value’, meaning that they will not investigate whether the information provided by a candidate is correct. That would mean a candidate declaring themselves a woman IS a woman.

It is an effort to sidestep the provisions of the Government of Wales Act (2006), which reserves legislation about gender recognition to Westminster.

On such shallow semantic games is Welsh democracy advanced.

However, on Monday (March 11), Llywydd Elin Jones said the Labour/Plaid legislation crossed the line into powers reserved to Westminster on a separate basis.

As with every Bill, the Llywydd must assess whether the Senedd has the power to make that law (this is known as legislative competence).

The Wales Act 2017 allows the Senedd to legislate on matters not reserved to the UK Parliament. A provision in a Senedd Bill cannot modify the law on reserved matters.

Ms Jones said: “In my view, the provisions of the Senedd Cymru (Electoral Candidate Lists) Bill, introduced on March 11, 2024, would not be within the legislative competence of the Senedd because the Bill:

a. relates to the reserved matters of equal opportunities; and

b. modifies the law on reserved matters, namely the Equality Act 2010.

In other words, the Bill proposes a law in an area of legislation controlled by Westminster.

The Llywydd’s view on legislative competence does not affect whether or not a Bill can be introduced.

It is the first time the Llywydd has stated that she considers proposed Welsh Government legislation wholly outside the Senedd’s legislative competence.

That is despite the Member in charge of the Bill, the Minister for Social Justice and Chief Whip, Jane Hutt MS, stating in an explanatory memorandum: “In my view, the provisions of the Senedd Cymru (Electoral Candidate Lists) Bill, introduced by me on March 11, 2024, would be within the legislative competence of Senedd Cymru.”

The Bill could still be passed, but the UK government’s attorney general or the Welsh government’s counsel general may challenge it in the Supreme Court.

The latter is unlikely. The former would be certain.

It is not as though Mark Drakeford’s Cabinet are unaware of the risk. It chose to separate gender quotas from the rest of its plans to increase the size of the Senedd and rig Wales’s electoral system precisely because the gender quota scheme is legislatively dubious. If it had the courage of its convictions, it would have included them in the rest of the Bill.

Picking an argument with the Westminster Government would be on brand for Welsh Labour only as long as a Conservative Government remains in power. 

As an example of seeking a distraction from its failures, a row on a constitutional issue would be ideal for the Labour Party in Wales to stir up national feeling and hostility to the Conservatives (i.e. “the English”).

Nevertheless, a potential UK Labour Government is unlikely to hand a Cardiff Cabinet everything (or much of anything) on its shopping list. It is unlikely to regard reworking the UK’s complex equalities legislation as a high priority when bread-and-butter issues dominate political discourse.

Darren Millar MS, Welsh Conservative Shadow Minister for the Constitution, said: “There are huge question-marks over the legitimacy of this legislation and whether the Senedd has the competency to legislate in this area.

“Regardless of the answers to those questions, the Welsh Conservatives will oppose this Bill.

“We believe that candidates should be chosen and elected to our national parliament based on merit, not because of their self-identified gender, biological sex, sexuality, race, religion or disability.

“While we all want to see greater diversity in our politics, we will always reject any system which seeks to pit one aspect of diversity over another.”

Crime

Emergency bags rolled out to support domestic abuse victims across Dyfed-Powys

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Thirty packs provide immediate help for families fleeing dangerous situations

A NEW initiative aimed at supporting victims of domestic abuse has seen thirty emergency bags distributed for use across the Dyfed-Powys Police area.

The bags, which contain essential items including toiletries, non-perishable snacks and emergency supplies, are designed to offer immediate practical support to individuals and families forced to flee abusive situations, often with little or nothing.

The scheme forms part of the Police and Crime Commissioner’s wider commitment to improving outcomes for victims and is being delivered in partnership with Dyfed-Powys Police and Dal i Godi, the commissioned Independent Domestic Violence Adviser (IDVA) service.

Dal i Godi provides specialist support to victims at high risk of serious harm, including safety planning and advocacy through the criminal justice process.

Police and Crime Commissioner Dafydd Llywelyn said the initiative was already proving its value.

“This is an incredible initiative that I’m proud to support,” he said. “It provides meaningful help to those experiencing trauma and reflects our ongoing work to put victims first.

“Within just a few days of the bags being distributed to the Dal i Godi service, one was given to a victim fleeing a domestic abuse situation, along with a children’s pack to support their young family. That shows just how essential this support can be and how quickly it can make a difference.”

Detective Chief Inspector Llyr Williams, from the Dyfed-Powys Police Vulnerability Hub, said the emergency bags could provide a vital lifeline at critical moments.

“These emergency bags offer support at some of the most difficult moments in a person’s life,” he said.

“The contents provide immediate comfort, dignity and practical help for those leaving their homes in crisis. While simple, they represent an important first step towards safety and recovery.

“We are proud to be working with partners across the Dyfed-Powys area to ensure this support reaches people when they need it most.”

Anyone experiencing domestic abuse, or concerned about someone else, is encouraged to seek help. In an emergency, call 999.

Domestic abuse can also be reported online via Dyfed-Powys Police.

Support services available include Victim Support Dyfed-Powys, which offers free and confidential help to anyone affected by crime, whether or not it has been reported, and Dal i Godi, which provides specialist IDVA support for high-risk victims.

The Live Fear Free Helpline offers 24-hour support for those experiencing domestic abuse or sexual violence across Wales.

If you or someone you know is a victim of domestic abuse, please consider reporting it. If you are in danger or need support right away, please call 999.

You can report domestic abuse through the online crime reporting service here: Report domestic abuse | Dyfed-Powys Police.

Support is also available via the below support services:

Victim Support Dyfed-Powys

Free, independent support for anyone affected by crime in the Dyfed-Powys area, whether or not it has been reported to the police.

 0300 123 2996

 Victim Support Dyfed-Powys

Dal i Godi (IDVA Service)

Specialist support for victims of domestic abuse at high risk, offering safety planning, emotional support, and advocacy with agencies such as police and courts.

 01267 221194

 Dal i Godi

Live Fear Free Helpline

24/7 support for anyone experiencing domestic abuse or sexual violence.

 0808 80 10 800 |  Text 07860 077333

 [email protected]

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Welsh-language school praised for ‘happy, proud and friendly community’

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Estyn highlights strong leadership, positive attitudes and a clear curriculum vision at Ysgol Bro Preseli

A WELSH-medium all-age school in Crymych has been praised by inspectors for fostering a “happy, proud and friendly community,” according to a recent Estyn report.

Inspectors said pupils at Ysgol Bro Preseli show pride in their local area, thrive both academically and socially, and are well prepared for the next stages of their learning.

The school currently has 932 pupils on roll, including 118 in the sixth form, and has operated as an all-age school since 2022.

Estyn found that most pupils demonstrate extremely positive attitudes to learning, treat staff with respect, and listen carefully to the contributions of their peers.

The report also notes that, in almost all cases, teachers show strong subject knowledge. Inspectors highlighted the close and supportive relationships staff build with pupils, alongside the creation of a safe learning environment where pupils are not afraid to make mistakes.

It states: “As a result of a clear strategic direction and detailed planning, teachers provide beneficial practical activities that allow pupils to develop purposeful oracy, reading and writing skills in language sessions and across the other areas of learning and experience.”

Inspectors also praised the school’s clear curriculum vision, rooted in its motto Gwreiddiau a Gorwelion (Roots and Horizons).

“Leaders and teachers provide a coherent curriculum and learning experiences that bridge the primary and secondary sectors effectively,” the report said. “Staff plan stimulating activities and experiences for pupils to learn and deepen their understanding within the areas of learning and experience. This contributes positively to the sense of belonging that permeates the whole curriculum of Ysgol Bro Preseli.”

Headteacher Rhonwen Morris said the report was a reflection of the collective effort across the school community.

“As a successful all-age Welsh-medium school, we are delighted that the report recognises our commitment to excellence and the unique identity that makes Ysgol Bro Preseli so special,” she said.

“Since becoming an all-age school in 2022, our cohesive leadership team and governing body have focused on building a strong foundation based on our values of Welsh ethos, kindness, community and responsibility.

“The report highlights the excellent strategic work of staff at all levels, which is a testament to the shared dedication and vision that drives our school forward.

“It is gratifying that the report reflects what we continuously aim to achieve day in and day out. This achievement belongs to our entire community — staff, pupils, parents and governors — and together we will continue to build on this success and provide the very best education for every pupil.”

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Welsh opticians raise £1,600 for people experiencing homelessness

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SPECSAVERS Pembroke Dock has helped raise £1,600 to support people experiencing homelessness this winter, with all funds going to The Wallich’s winter appeal.

Thirteen stores from North, South and West Wales donated £1 for every customer feedback form completed during November to help The Wallich, Wales’ largest homelessness and rough sleeping charity, continue its vital work.

Supporting more than 8,000 people experiencing or at risk of homelessness across the nation each year, The Wallich runs around 100 diverse projects across 20 local authorities to provide hope, support and solutions to end homelessness.

Funds raised by Specsavers will go directly to the Wallich’s Flexible Assistance Fund, which provides small but vital emergency grants. The grants support people at crucial turning points, helping cover essential costs such as phone credit, rent or food shops.

This initiative is a continuation of Specsavers’ wider homelessness programme, which sees over a hundred Specsavers stores and Home Visits services hold out-of-hours or pop-up clinics and invite people affected by forms of homelessness to use their services for free.

Specsavers’ North Wales regional relationship manager, Martin Lawrence, who helped organise the fundraiser, says: ‘We’re really proud to be supporting The Wallich’s winter appeal at a time when support is needed most.

‘Homelessness affects people in every community and as locally owned and run businesses, Specsavers stores are committed to raising awareness of the issue and supporting people through their toughest moments.

‘We’re excited to build on the success of this fundraiser and strengthen our partnership with The Wallich in the new year.’

Louisa Turner, head of fundraising at The Wallich, adds: ‘Winter can be an incredibly difficult time for people experiencing homelessness and this support from Specsavers will make a real difference.

‘The funds raised will help provide emergency grants at critical moments – whether that’s putting food on the table, helping someone stay connected with their loved ones or preventing someone from losing a safe place to live.

‘This kind of support creates vital turning points and helps people move towards a safer, more secure future.’

Specsavers works year-round with homelessness charities including Crisis, Vision Care and The Big Issue, to improve access to healthcare and advocate for policy change – ensuring people experiencing homelessness can receive free eye tests, glasses and hearing checks.

To find out more about Specsavers or to book an appointment at your local store, visit: https://www.specsavers.co.uk/stores.

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