News

Presiding Officer rules Welsh Government legislation ‘outside powers’

Published

8 months ago

March 12, 2024

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.”

Business

Thousands of homes in rural Wales gain from faster 4G boost

Published

4 hours ago

November 14, 2024

Tom Sinclair

RURAL Wales is seeing a major upgrade in mobile connectivity, with faster 4G now live in several areas. Seven locations across North, South West, and West Wales are benefitting from new 4G mast upgrades funded by the UK Government’s Shared Rural Network (SRN), aimed at closing the digital gap between rural and urban areas.

The upgrades, which went live on Thursday (Nov 14), bring improved 4G coverage to communities including Bontddu, Llanelltyd, Llanarmon Dyffryn Ceiriog, Penmaenpool, Tabor, Snowdonia National Park, and Bontgoch. Local businesses, emergency services, and residents are expected to benefit from faster internet access, which supports daily communication, business opportunities, and economic growth.

***There is a £170 million agreement with Openreach to provide gigabit-capable broadband to 70,000 remote Welsh properties***

Technology Secretary Peter Kyle said: “Fast, reliable connectivity is essential for modern life and should be available from Cardiff to the remotest parts of Wales. Today’s upgrades bring us closer to making this a reality.”

SUPPORTING DIGITAL INCLUSION

As part of the rollout, Peter Kyle and Telecoms Minister Sir Chris Bryant visited Ebbw Vale to discuss digital inclusion with charity and industry leaders. They met with representatives at BGfm, a digital inclusion hub in Blaenau Gwent, to learn about how connectivity impacts daily life in Welsh communities.

Telecoms Minister Bryant said: “We are working tirelessly to make sure rural communities aren’t left behind online.

“These upgrades mean businesses can now operate without connectivity limitations, 999 services are better equipped to respond, and residents and tourists can stay connected across the Welsh countryside.”

ADDRESSING CONNECTIVITY GAPS

An estimated 1.5 million homes across the UK remain without internet access, limiting people’s ability to access essential services such as banking and healthcare. In addition to the SRN upgrades, the Chancellor has allocated over £500 million in next year’s budget for digital infrastructure expansion, targeting these underserved areas.

Welsh Secretary Jo Stevens highlighted the importance of this investment, particularly for rural Wales, where fast, reliable internet can be transformative.

“Connectivity is critical for day-to-day life in rural areas – from supporting local businesses to ensuring emergency services are just a call away,” Stevens said.

The upgraded masts, previously limited to EE customers and emergency 999 calls, now serve a wider user base, bringing essential internet access to more people without requiring new infrastructure.

Ben Roome, CEO of Digital Mobile Spectrum Limited, said: “With the activation of five new SRN sites, Wales is seeing the tangible benefits of the Shared Rural Network, bringing crucial connectivity to rural communities.”

GOVERNMENT INVESTMENT IN REMOTE WALES

The improvements come alongside a £170 million agreement with Openreach to provide gigabit-capable broadband to 70,000 remote Welsh properties, helping future-proof digital access in even the most isolated locations.

The latest upgrades mark another step in the Government’s mission to improve mobile coverage and close the connectivity gap across Wales, creating opportunities and supporting economic growth across rural communities.

News

Milford Haven man admits to downloading indecent images of children

Published

5 hours ago

November 14, 2024

Tom Sinclair

A MILFORD HAVEN man has been sentenced after admitting to downloading over 1,000 indecent images and videos of children, including highly explicit content involving young children. Gareth MacDonald, now 23, appeared before Swansea Crown Court, where he pleaded guilty to possessing indecent images and videos across various devices.

The court heard that police visited MacDonald’s home, which was the scene of protests after his arrest, last year following intelligence suggesting that child abuse images had been accessed there.

***There were protests outside MacDonald’s house in September 2024 (Pic: Herald)***

Officers spoke with MacDonald’s mother at the door before entering to conduct a search.

During the operation, two mobile phones, a tablet, a laptop, and two hard drives were seized.

MacDonald initially spoke to one of the officers privately, admitting to downloading the images and saying, “It’s me.” Later, in formal interviews, he revealed that he had grown “bored with legal pornography” roughly a year earlier, knowing that what he was doing was illegal but continuing regardless.

Prosecutor Emily Bennett informed the court that MacDonald’s devices held 15 Category A images, the most severe classification, 26 Category B images, and 960 Category C images. Some content depicted children as young as nine, and the most serious material involved pre-teen children in distressing situations.

Bennett also noted that MacDonald had briefly joined an online group where members self-identified as paedophiles, although he left without sharing any material. Cleaning software was also found on his devices.

Defense counsel Dan Griffiths acknowledged that MacDonald’s actions had crossed the custodial threshold, but argued that there was “a realistic prospect of rehabilitation.” He highlighted MacDonald’s cooperation with police and his willingness to comply with rehabilitation programmes.

Judge Geraint Walters, presiding over the sentencing, addressed MacDonald, saying, “For some considerable time, you have accessed this kind of imagery, fully aware of the harm it represents.” He acknowledged that MacDonald largely isolated himself and stayed at home, factors he considered in the sentencing.

MacDonald was sentenced to eight months in prison, suspended for two years, with a requirement to complete 20 rehabilitation activity days and participate in the Horizon programme. He was also ordered to register as a sex offender for 10 years and is subject to a sexual harm prevention order for the same duration.

News

Welsh teenager jailed for creating 3D-printed gun at home

Published

6 hours ago

November 14, 2024

Tom Sinclair

A TEENAGER who assembled parts for a viable semi-automatic firearm using a 3D printer has been sentenced to nearly five years in prison.

Owain Roberts, 19, purchased nuts, bolts, steel barrels, and metal rods online, constructing components of an FGC-9 gun with the aid of a 3D printer.

Detectives said that this case marks the first of its kind in Gwent, where Roberts admitted to manufacturing a firearm component. He appeared at Cardiff Crown Court on Thursday (Nov 14).

In April, firearms officers executed warrants at two Newport addresses connected to Roberts. Seized items included a 3D printer, two laptops, six plastic reels, and parts for an FGC-9 firearm.

PC Tom Meazey, from Gwent Police’s East Serious Organised Crime team, stated: “Illegally-held firearms can lead to tragic consequences and devastate innocent people’s lives. To own a firearm, including a printable one, is illegal in the UK without a valid firearms certificate. Roberts’s reckless actions in buying items capable of manufacturing a firearm placed people at direct risk.”

This rare and complex investigation involved support from the National Crime Agency (NCA).

Roberts received a prison sentence of four years and nine months.