SENEDD Members criticised the UK employment rights bill for “undermining” devolution and the Welsh Parliament’s role, warning of “dangerous” constitutional implications for Wales.

Luke Fletcher backed the principles of the bill: “Day-one rights for workers, zero-hours contracts being revised, removing restrictions on unions [and] ending fire and rehire.”

But the Plaid Cymru politician expressed serious concerns about powers in the bill for UK ministers to override decisions made by the Welsh Government.

He told the Senedd: “We are seeing provisions that encroach on the ability of this [Welsh] Government and this place to legislate on behalf of the people of Wales.”

Mr Fletcher said: “In the same way the Welsh Government would’ve opposed such a power grab in the days of a Tory government, I would hope they would do exactly the same now.”

His colleague Mabon ap Gwynfor expressed grave concerns as Senedd Members debated a legislative consent motion (LCM), the mechanism used to signify consent for UK bills.

He warned: “The way that this [Welsh] Government has actually introduced this, and the way that the Westminster government has approached it, is dangerous. It undermines the Welsh Government – it undermines this parliament – and it undermines devolution.”

Mr ap Gwynfor criticised so-called Henry VIII powers for UK ministers to change or overturn a law passed by the Welsh Parliament. “To me, that is entirely unacceptable,” he said.

Under the bill, Welsh ministers would need to obtain the consent of the UK Government before using powers to create a fair pay body for social care.

“We can’t continue to legislate in this way,” Mr ap Gwynfor said. “With powers being taken away from our parliament and our democratic voice being undermined time and time again.”

Warning of no Welsh scrutiny of the bill, he added that Welsh ministers opposed the use of Henry VIII powers but failed to convince their Labour colleagues in Westminster.

Mike Hedges said the Senedd’s legislation committee felt it was unsatisfactory that regulations could be used to create a devolved body under the bill.

The Labour committee chair said the Welsh Government was not content, “exhausting all reasonable avenues to challenge it” but not pursuing an amendment in the House of Lords.

Peter Fox, who chairs the health committee, expressed similar concerns, saying: “The Welsh Government has a long-standing commitment to promote fair pay in the social care workforce, yet has not brought forward its own bill.

“The effect of this choice is to severely limit the opportunities for stakeholders in Wales to be involved in the legislative process and for the Senedd to examine the policy in detail.”

Warning of a £5bn cost to businesses, his Conservative colleague Altaf Hussain said his party would vote against providing consent to the employment rights bill.

He told the Senedd: “Although the intentions behind this legislation appear commendable, I am concerned about the significant burden it will impose on businesses across the UK.”

Labour’s Hannah Blythyn, a proud trade unionist, defended the bill, stressing: “Whether we like it or not, employment rights are reserved and not enforceable at a Wales-specific level.

“If workers in the social care sector in Wales are not in scope of a UK social care negotiation body, employers would only be expected to provide the statutory minimum with regards to pay, terms and conditions, potentially disadvantaging more than 85,000 workers in Wales.”

Ms Blythyn said: “To not pass this LCM does risk leaving workers in the care sector in Wales behind, many of whom are predominantly lower paid women workers.

“I think we need to see this as a way of progressing worker rights in a sector that radically needs reform, a sector that society depends upon and a workforce, at different times in life, to whom we entrust our nearest and most dearest.”

Jack Sargeant, who is minister for fair work in the Welsh Government, said the bill will be the single biggest upgrade to workers’ rights in a generation.

Mr Sargeant told Senedd Members: “It enhances employment rights, it strengthens enforcement and it removes unnecessary restrictions on trade unions.”

He agreed with Ms Blythyn, one of his predecessors as minister: “I do note some of the concerns from some members in the contributions today but we do believe it’s very much in the best interest of the social care sector and social care workers in Wales.”

He criticised Tory opposition. “That’s no surprise at all,” he said. “Their party, when they were in power in Westminster, consistently tried to undermine workers’ rights for 14 years.”

Senedd Members voted 27-13 in favour of the LCM on July 15, with Plaid Cymru abstaining.

THE SENEDD would have the final say on whether to implement assisted dying in NHS Wales, but services could be available outside the public sector, the health secretary confirmed.

Peter Fox, the Conservative chair of the Senedd’s health committee, sought clarity on the Welsh Government’s position and its powers to implement assisted dying in Wales

Health secretary Jeremy Miles said the Welsh Government maintained a neutral position as he drew a distinction between enacting the UK end of life bill and its implementation.

He explained enactment is reserved to Westminster but providing voluntary assisted dying services in Wales is a discretionary power in the hands of the Welsh Government.

He told the committee: “Those services could only be introduced in devolved areas following regulations laid by the Welsh ministers… and subject to an affirmative Senedd vote. For anything which is in devolved competence there will need to be regulations passed by the Senedd before the service can be provided.”

Giving evidence on July 16, Mr Miles suggested options for services outside of the NHS would be available in the private sector in Wales and England as in other parts of the world.

Pressed on whether ministers could refuse to implement elements, Wales’ health secretary said: “In devolved competence, yes, and even if the [Welsh] Government wanted to and the Senedd didn’t want to approve it – the Senedd would have that ability as well.”

Mr Fox asked: “On regulations – if they are not made by the Welsh Government and consequently approved by this Senedd, the NHS in Wales will not be able to provide assisted dying services – is that the case?”

“That is correct,” Mr Miles replied, later suggesting a decision on whether to provide services in the health service would be made after the next Senedd election in May 2026.

The Welsh Parliament rejected the principle of assisted dying in a historic vote last year, with Senedd Members voting 26-19 against with nine abstaining.

The Senedd rejected a similar motion a decade earlier in December 2014.

But, this side of the election, politicians will get a vote on a legislative consent motion (LCM), the means by which the Senedd signifies consent for proposed UK laws in devolved areas.

While the Sewel convention states the UK Parliament would “not normally” legislate on devolved matters without consent, it is not legally binding.

But Mr Miles suggested the vote would influence Welsh ministers’ decision-making.

James Evans, the Tory shadow health secretary who backed assisted dying in October’s vote, questioned the capacity of the NHS Wales executive and the Welsh Government.

His opposite number replied that he did not have particular concerns about the capacity to introduce regulations but said: “There is a huge system change that goes with it.”

Mr Miles, who was among the majority of Senedd Members to vote against assisted dying, pointed out that the LCM vote will be on a specific proposal rather than a principle.

He added: “My view is that ministers in the Senedd ought to be making the decisions about how this service is delivered in Wales and, indeed, whether it’s delivered in Wales.”

Mr Evans raised concerns about potential for a “two-tier” cross-border system as he warned assisted dying services in Wales could only be available privately for those who can afford it.

Mr Miles said equity of access, cross-border provision and workforce issues – such as health staff opting out of the assisted dying process – would be among the key considerations.

He explained Kim Leadbeater’s bill would change the Suicide Act, which is largely reserved to Westminster, to allow non-public provision in Wales without regulations in the Senedd.

He said Wales has powers to regulate some independent health providers but he stressed it remains early in the bill’s journey and: “We’re talking about hypotheticals at this point.”

He told the committee: “There are lots of choices that any government would have to make in terms of how such a service was developed and delivered.”

SENEDD Members unanimously passed a “first-of-its-kind” law aimed at ensuring the safety of coal and quarry tips.

Huw Irranca-Davies welcomed cross-party support for the disused tips bill which was introduced in the wake of a major landslide in Tylorstown, Rhondda, in 2020.

The Labour Deputy First Minister said: “We are keenly conscious of the worry and the anxiety that so many families living in the shadow of disused tips feel, right across Wales.”

The bill updates the “not fit for purpose” Mines and Quarries Act 1969 and establishes the Disused Tips Authority for Wales, charged with ensuring tips do not threaten human welfare.

Vowing never to forget the Aberfan tragedy, Mr Irranca-Davies said “Climate change, with ever-increasing and erratic levels of rainfall, poses increasing challenges for the management of disused tips.

“And for thousands of people in all our communities across Wales… these tips are an ever-present reminder of what can go tragically wrong.”

The bill includes arrangements for the assessment, registration and monitoring of tips as well as powers for the Disused Tip Authority to enter land and require information.

Mr Irranca-Davies described the bill as progressive and the first of its kind in the UK, saying: “As a nation that was in the vanguard of the coal industry, it’s entirely appropriate that we lead the way with the legislation to ensure the future of disused tips and quarries.”

Janet Finch-Saunders, the Conservatives’ shadow environment secretary, backed the bill during a debate on July 15 before Senedd Members voted 50-0 in favour.

She said: “At the heart of this legislation is the memory of those 116 children and 28 adults who were killed when a coal waste tip came crashing down onto a school and surrounding homes on 21 October 1966, and we’ve seen other tip slides since.

“Never again do we want to see such a tragedy in our country.”

But Ms Finch-Saunders raised concerns about the estimated £600m cost of remediation, with 2,500 coal tips and 20,000 non-coal tips in Wales.

Delyth Jewell told the Senedd: “Communities were told to make peace with the desolation left as successive governments shied away from tending to the open wounds of the abandoned mines – allowing them to fester so visibly, painful reminders of exploitation.

“This has not just imposed a terrible environmental toll, the unexorcised spectre of the coal mining industry has weighed heavily on the collective consciousness of these communities.”

Plaid Cymru’s shadow climate secretary broadly supported the bill but bemoaned a lack of ambition in regulating the use of coal in the remediation of mines.

Pointing the finger at the UK Government, Ms Jewell said: “I also believe far more pressure needs to be brought to bear on those who contributed to the state of these tips to make them fully and permanently accountable for the cost of restoration.

“Nevertheless, the bill does represent an important milestone in confronting the legacy of coal mining in our nation and it should be acknowledged as such.

“It will finally start to lift a dark shroud that has loomed far too long over our valleys and from the desolation of those scarred landscapes to breathe new life at last.”