Politics

Supreme Court looms as gender quotas bill progresses

Published

5 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

Respite care facilities at Pembrokeshire school approved

Published

6 hours ago

December 23, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS for a respite care facility at Haverfordwest’s Portfield special school have been approved.

An application to Pembrokeshire County Council by Morgan Sindall Group, on behalf of Pembrokeshire County Council, sought permission for a three-bed respite unit for pupils aged between 16 and 19 years old.

Portfield School is an additional learning school for pupils aged three-19, and forms part of a broader network including Y Porth based at Ysgol y Preseli and Haverfordwest High VC School.

Portfield School is currently located in two buildings, one for primary school students, along with a secondary school building for key stages 3 to 4, and pupils aged 16-plus.

The proposed location of the respite care is where the existing lower school currently lies.

Demolition of the lower school was granted as part of a recently approved planning application for the wider site redevelopment, including a masterplan for the campus, the redevelopment of the new primary school building, refurbishment works to existing sixth form block and associated works.

A supporting statement by agent Asbri Planning said: “The proposed location of the respite care was marked out on the approved Site Masterplan as ‘proposed area for future development’. As Pembrokeshire County Council were unsure whether the funding would be available for the respite care, they decided not to include it within the scope of works for the main school application approved earlier this year. The funds have now become available which has allowed the application for a new respite care facility to be submitted to the Local Planning Authority.”

It added: “The respite care aims to conjure up a positive arrival experience for users by introducing an entrance courtyard, whilst enhancing links to nature where key vistas towards nature are considered. The users of the building will have full access to the communal areas and facilities.

“There will be no access for the general public, only the users of the building at that time. The unit will operate 24 hours a day all year round. Full-time care is to be provided and there will be staff available at all times for pupils.”

The application was conditionally approved by county planners.

Business

Derelict Cilgerran house to be transformed into cafe

Published

6 hours ago

December 23, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS by a village shop owner to convert a house “in a state of disrepair” to a café to “improve the variety of community facilities” locally have been given the go-ahead.

Mrs Morris, through agent Harries Planning Design Management, sought permission from Pembrokeshire County Council to convert The Old Post House, High Street, Cilgerran, currently a four-bed dwelling, to a ground floor café, along with a first-floor flat.

The application received five letters of support, saying it would provide local jobs, support the community, promote Welsh and local food, and provide a local community hub, with three letters of objection, raising concerns about parking and traffic, and potential odours from the premises.

A supporting statement, through the agent, said: “The proposed site is currently a dwellinghouse, in current need of modernisations and renovations throughout. The site is under the same ownership as the neighbouring village stores Siop Y Pentre,” saying the proposal “can be read as an extension to the existing Siop Y Pentre”.

“Siop Y Pentre is a thriving local community village shop which acts as a village hub. The shop provides local residents with day-to-day necessities, with a focus on local, sustainable and minimal waste products,” the statement says, adding the dwelling it seeks to convert “is in disrepair and in need of internal works to make suitable for modern living”.

It went on to say: “The proposed café seeks to retain its focus on local and seasonal produce with minimal waste and would provide a welcomed opportunity for socialising, especially during the daytime. The café will also seek to employ local staff retaining a community feel throughout. As such, the principle of the café adjacent to the existing village store is considered acceptable. The site seeks to encourage a sustainable community, with development of an appropriate scale and nature.

“Further to this, the location of the development is within the settlement boundary and seeks to fulfil a need for day-time socialising environments currently lacking within Cilgerran.”

The application was conditionally approved by county planners.

Community

Pembrokeshire town 4G phone mast plans withdrawn

Published

3 days ago

December 20, 2024

Bruce Sinclair - Local Democracy Reporter

PLANS for a replacement 20-metre-high 4G phone mast tower in north Pembrokeshire, which the local town council says would have “an unacceptable adverse impact” on the national park’s beauty have been withdrawn.

In an application before Pembrokeshire Coast National Park, Cellnex, through agent Telent, sought permission to replace an existing 10m high mast with a new 20m 4G tower with three Vodafone antennae and nine mast head amplifiers, and associated works, on land at Dwr-y-Felin Farm, Fford Bedd Morris, Newport.

The application for a 4G mobile base station for the mobile network operator(s) (MNOs) Vodafone Ltd in conjunction with Cornerstone. The application site is owned / operated by Cellnex UK, a radio site infrastructure provider.

A supporting statement accompanying the application said: “The proposed antenna height of 20m is essential to provide new 4G coverage and replacement 2G and 3G service provision to the surrounding area. 4G radio signals are more sensitive to physical obstructions than older technologies.

“This is because the higher the frequency band the greater the reduction in signal strength, increasing the likelihood of dropped calls and reduced data rates for internet browsing,” adding: “Generally, the higher the signal frequency the more it will be impacted by clutter. It is for this reason that there is the height of 20m is required.”

It went on to say it “should be noted that a radio base station within this location has already been considered acceptable and has become an established feature within the area and the proposed upgrade albeit different in design to support the latest equipment will not be of substantial or detrimental harm to the national park, conservation area or heritage assets”.

Newport Town Council had objected to the application, saying: “The proposed development (if approved in its current form) will have an unacceptable adverse impact on the qualities and special landscape and seascape character of the National Park and also on the special qualities of natural beauty and tranquillity.”

The application has now been withdrawn.