Politics

Supreme Court looms as gender quotas bill progresses

Published

4 months ago

July 17, 2024

PLANS to introduce gender quotas in Senedd elections moved a step closer amid concerns the bill is “highly likely” to be challenged in the Supreme Court.

Senedd members agreed the general principles of the gender quotas bill, which would require at least half of a political party’s candidates to be women.

Jane Hutt reiterated her position Wales has the necessary powers to pass the bill but confirmed implementation would be delayed until the 2030 election.

She said the plans were pushed back due to concerns about the potential impact of legal challenges on the conduct and outcome of the 2026 election.

Ms Hutt, who is in charge of the bill, said the landmark legislation would make the Senedd more effective as well as more reflective of the people it serves.

Adam Price, who represents Carmarthen East and Dinefwr, urged the Welsh Government to work with Labour colleagues in Westminster to grant Wales the required powers.

The former Plaid Cymru leader said an order – under section 109 of the 2006 Government of Wales Act – could bring the bill within the Welsh Parliament’s scope.

Mr Price argued a section 109 order would take the reasons the Welsh Government has given for delaying implementation to 2030 off the table completely.

He asked: “Why couldn’t we apply for that order in council today, from a Labour government at Westminster, so that we can have a gender-balanced parliament in 2026?”

Ms Hutt replied that a section 109 order would not put the question of whether the Senedd has powers beyond doubt, nor remove the risk of referral to the Supreme Court.

David Rees, who chaired the Senedd reform committee tasked with scrutinising the bill, raised witnesses’ concerns that gender quotas could be susceptible to abuse.

He reiterated calls for any false statement on nomination forms to be an electoral offence, a committee recommendation that was rejected by the Welsh Government.

The Labour backbencher said the committee heard conflicting views on whether the Senedd has the necessary powers but most evidence from legal advisers suggested it does not.

In a letter to MSs when the bill was introduced in March, Elin Jones explained her position that the bill relates to a reserved matter and is not within the Senedd’s powers.

The Senedd’s speaker or Llywydd said her view was based on legal tests and advice as she stressed that the question can only be definitely answered by the Supreme Court.

Mike Hedges, chair of the Senedd legislation committee, warned the bill could give the Welsh Government a “blank cheque” to legislate on some electoral matters.

Outlining his committee’s recommendations, he raised concern about the balance between the details in the bill itself and those that will be left to subordinate legislation.

Mr Hedges, a Labour backbencher who represents Swansea East, was disappointed by a decision to curtail scrutiny of the bill – only for the “stage-one” debate to be delayed.

Peredur Owen Griffiths, who chairs the finance committee, raised concerns about the unquantified cost of the bill being referred to the Supreme Court.

The Plaid Cymru politician pointed out that this is the first time the Llywydd has issued a statement that a bill would not be within powers.

Darren Millar, for the Conservatives, opposed the bill and the principle of gender quotas, arguing the proposed system is neither proportionate nor appropriate.

He said the reform committee heard the bill is highly likely to be challenged in the courts.

The Tory told the Senedd the bill bears little resemblance to the initial plan for gender-zipped lists which was “hatched” in a Labour-Plaid Cymru agreement.

He said the system would allow political parties to put forward lists of candidates that could be 100% female but only a maximum of up to 50% male.

Mr Millar, who represents Clwyd West, warned the bill pits one aspect of diversity, gender, against others “which are completely ignored” such as disability, age, faith and race.

Heledd Fychan, for Plaid Cymru, told the chamber gender equality is vital for a healthy and functioning democracy, expressing disappointment at the delay.

Picking up on comments from Mr Millar about people being elected on merit, the South Wales Central representative said: “We are not in an equal society; there are so many barriers that stop women from being able to be appointed to a myriad of different roles.”

Ms Fychan said the problem is not unique to Wales, with only six countries having a 50% or higher proportion of women in their parliaments.

“At the current rate … gender parity won’t be achieved globally until 2063 at the earliest,” she said, adding that female politicians face terrifying levels of hate, sexism and harassment.

Ms Fychan called on the Welsh Government to unequivocally demand the relevant powers.

Carolyn Thomas, a Labour backbencher who represents North Wales, said she once believed in meritocracy but she has experienced unconscious bias “time and time again”.

Rhys ab Owen, an ex-barrister who sits as an independent, raised concerns about “weak” wording, such as the use of “may” rather than “must” in section 71 of the bill.

Ms Hutt, who is chief whip and Trefnydd, the Welsh Government’s business manager, said ministers are considering the section 109 route but she stressed it is not straightforward.

Following the July 16 debate, MSs voted 39-14 in favour of the general principles of the bill, which now moves to the first amending phase in the Senedd’s four-stage legislative process.

If passed, the counsel general or attorney general – the Welsh and UK Government’s chief legal advisers, respectively – have four weeks to refer the bill to the Supreme Court.

Education

Pembrokeshire free school transport call to be heard at County Hall

Published

18 hours ago

November 22, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to allow school pupils from Johnston and Tiers Cross access to free school transport to the nearby Haverfordwest high school is to be heard by councillors next week.

Due to a change in catchment areas the pupils are no longer able to access free transport to Haverfordwest, instead coming under the Milford Haven catchment area.

A petition calling for the reinstatement of the former catchment area to access free transport for pupils to Haverfordwest was recently started in the county.

The e-petition, which ran from September 18-November 1 on the council’s own website, attracted 351 signatures, meeting the threshold for a debate at the relevant Pembrokeshire County Council overview and scrutiny committee, in this case the Schools And Learning Overview And Scrutiny Committee meeting of November 28.

The petition, started by Kirsty Coaker, reads: “We call on Pembrokeshire County Council to change Johnston and Tiers Cross School Catchment back to Haverfordwest.

“Children of Johnston and Tiers Cross are now ineligible for free school transport to Haverfordwest High due to the areas no longer being in ‘catchment’.

“Both Johnston and Tiers Cross are Haverfordwest postal codes and are classed as Haverfordwest, yet the school catchment is Milford Haven.

“Please help our children access suitable transport to and from secondary school.”

The e-petition will now be considered at the November 28 meeting.

Climate

Pembrokeshire group plans for larger community wind turbine

Published

18 hours ago

November 22, 2024

Bruce Sinclair - Local Democracy Reporter

A NORTH Pembrokeshire group which has raised more than £76,000 from its community wind turbine for local projects is hoping to expand with a bigger turbine.

In an application to Pembrokeshire County Council, Abergwaun Community Turbine Ltd, through agent Machynlleth-based Dulas Ltd is hoping to get permission for a larger turbine to replace the existing Abergwaun Community Turbine.

The proposed turbine, in a pasture field at Trebover Farm, to the south of Fishguard, would be 67m tall, the existing 2015 one being 45 metres.

In supporting statements, parent company Transition Bro Gwaun said: “The Community Climate Fund (CCF) is the mechanism by which Transition Bro Gwaun (TBG) is fulfilling our ambition of funding projects in Fishguard, Goodwick and across North Pembrokeshire, using income from the community wind turbine.

“The core themes for grants are climate change mitigation and adaptation, enhancement of biodiversity and improvements to community resilience through promotion of community engagement and resource sharing.”

In 2015, TBG raised its 50 per cent share of capital funding for the project by means of loans from 28 local individuals and four community groups, contributing a total of £286,500, the other 50 per cent contributed by landowners Parc-y-Morfa Farms Ltd.

The statement added: “Profit generated by sale of electricity from the turbine is split 50:50 between TBG and Parcy-Morfa Farms Ltd through the jointly owned trading arm, Abergwaun Community Turbine. By the end of 2022, all loans had been repaid, allowing the launch of TBG’s Community Climate Fund. This year we have awarded our third round of grants bringing the total amount granted to £76,036.”

In 2022, £15,274 was awarded to seven projects, including Fishguard Sports AFC to install solar panels on their clubhouse as part of their Tregroes Park development, Ysgol Bro Gwaun for their Increasing Biodiversity and Bees project, and Nevern Valley Veg / Llysiau Cwm Nyfer to install a solar powered vegetable irrigation scheme.

In 2023, £39,85 was made available for seven projects, including Sea Trust Wales to part fund the installation of solar panels on the Ocean Lab roof and to produce a display on solar technology, Letterston Memorial Hall to part fund the installation of an air source heat pump heating system, and Fishguard and Goodwick Rugby Club to install solar panels on their clubhouse.

2024 awards of £20,917 were made to six projects, including Theatr Gwaun to insulate their loft to reduce heating loss, Parc Cerrig Growers for developing a rainwater harvesting system with a pond to irrigate their allotments, Caerhys Organic Community Agriculture for an electric cargo bike for delivering organic vegetables in the Fishguard and St Davids areas, and Nevern Valley Veg to develop wildlife ponds and rainwater harvesting for food production.

The supporting documentation concludes: “The repowering of the existing turbine at Trebover would require a limited increase in turbine size which would result in a very limited change in landscape and visual effects in comparison to the existing Trebover turbine.”

The application will be considered by planners at a later date.

Business

Call to end ‘fad’ of ‘school dogs’ in Pembrokeshire

Published

23 hours ago

November 22, 2024

Bruce Sinclair - Local Democracy Reporter

A CALL to end the ‘fad’ of permanent ‘school dogs’ in Pembrokeshire for their benefit and the befit of the schools, instead using visiting ‘therapy dogs’ is to be heard next week.

Pembrokeshire County Council’s Schools And Learning Overview And Scrutiny Committee meeting of November 28 will consider a public submission by Robert Thomas – who works with therapy dogs – on the subject of school dogs.

The submission reads: “My definition of a school dog is one that spends long periods in the school and is managed and owned by school employees not outside assessed and insured visiting therapy dogs who stay for an hour with a competent handler.

“The welfare of many dogs in schools in Pembrokeshire has been compromised over the last few years and we are concerned that the rise in the popularity of school-owned or teacher-owned dogs is an animal welfare issue.

“I can think of several school dogs in Pembrokeshire where it has gone wrong for the animal.”

He cites examples of ‘school dogs’ the county, where he says they have had to be removed, with the animals being unsettled, barking and even nipping on occasions, showing “a lack of understanding of animal welfare”.

His submission adds: “We have done some work with the Animal Welfare team at the Welsh Government around licensing this field, a consultation was completed in March 2023, currently awaiting the outcome.

“It has become a fad across the country and many dogs spend all day in schools supported by staff members who have another job to do. It feels like PCC does not have a policy overarching animal welfare policy in schools to protect dogs from being seen as staff members and there purely for human benefit, not the dogs.

“Dogs need to rest and sleep during the day and not in school. The visiting therapy dog model works best as the impact is greatest and the welfare of the dog is managed externally. If the dog is there all the time that can diminish the impact, and the novelty can wear off for the pupils.

“In my experience schools should concentrate on teaching and leave the therapy dog introduction to those that have the expertise in animal welfare.”

The submission will be considered by committee members at the November 28 meeting.