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Politics

Counsel general sets out plan to declutter Welsh law

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THE COUNSEL general outlined plans to declutter and simplify Welsh law, with the aim of making legislation accessible at the touch of a button.

Julie James, the Welsh Government’s chief legal adviser, gave a statement to the Senedd on October 22 following the introduction of the legislation bill.

Ms James, who was appointed in September, said the technical bill will form an important part of the infrastructure that underpins Welsh law.

The former solicitor said the first part of the bill would simplify “overly complex” procedures on subordinate legislation, law created by ministers under powers conferred by an Act.

She told the Senedd the second part would modernise the rules on publication of Welsh law which is “fragmented and outdated”, with “gaps in public access and transparency”.

She said the bill would lead to a more coherent, bespoke system – with a duty imposed on a newly established King’s Printer for Wales, which would oversee publication of legislation.

Ms James explained the bill would formally establish a class of legislation known as a ‘Welsh statutory instrument’ for the first time, making legislation.gov.uk easier to navigate.

The counsel general added that the third part repeals redundant provisions, saying: “When people want to see and read the law, it needs to be available to them at the click of a button.

“They need to have confidence they are reading the correct version … and not have to worry whether provisions have been amended and updated or … have become spent or obsolete.”

Ms James said she will introduce a separate bill to consolidate planning law, suggesting it will be this Senedd term “as long as we can get our legislative timetables sorted out”.

Mark Isherwood, the Conservatives’ shadow counsel general, raised the Law Society’s calls for support for the legal sector and a public awareness campaign centred on Welsh law.

He also suggested processes could be improved around “negative procedure” legislation which Senedd members are deemed to consent to but may not be aware of.

Adam Price said the Law Wales website is more accessible than legislation.gov.uk but many of the pages have not been updated in four years while others are blank.

Plaid Cymru’s shadow justice minister called for the Senedd to be able to pass amendments to subordinate legislation to improve democratic accountability.

He raised concerns about statutory instruments (SIs) only being published in English.

Ms James, a member of the new ‘future Senedd’ committee, said she was “very keen” to look at amendable SIs and referring secondary legislation to policy committees.

Rhys ab Owen, an independent, welcomed the bill as an important step forward to give parity to Welsh law and make it more accessible.

The former barrister recalled basing an argument in court on revoked legislation, drawing the ire of a “very annoyed” judge at Swansea Civil Justice Centre.

Ms James replied: “I too have been caught out exactly like that when I was still practising….

“I also very much remember the butterflies in your tummy as you put forward a novel proposition and aren’t absolutely certain it’s the most up-to-date piece of law.”

Labour’s Alun Davies called for a richer role for the Senedd in scrutiny amid a growing number of “framework” bills pursued by the Welsh Government.

Ms James agreed about the need to review processes, pointing to the example of the 2024 Infrastructure Act that will be “brought to life” via secondary legislation.

She said she could only once remember a motion to annul secondary legislation being brought forward in her 13 years in the Senedd.

On Monday, former First Minister Mark Drakeford told the justice committee the Senedd already has significant oversight of subordinate legislation.

But he said: “If I was to identify a weakness in the system, it would be less in the way in which legislation creates subordinate ways of doing things than that the Senedd itself doesn’t always make full use of the powers of scrutiny it has.”

 

News

Reform accused of ‘punishing voters’ with detention centre plan

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Cross-party backlash as proposal to target Green-voting areas sparks outrage

REFORM UK has been accused of seeking to “punish voters” after unveiling a controversial plan to site migrant detention centres in areas that do not support the party.

The proposal forms part of the party’s pledge to deport “all illegal migrants” in Britain, which would require holding tens of thousands of people at a time in large-scale detention facilities.

In a statement, Reform said the centres would not be located in constituencies where it holds parliamentary seats or controls local councils. Instead, it would prioritise areas represented by the Green Party of England and Wales.

The party said: “If you vote in a Reform council or Reform MP, we guarantee you won’t have a detention centre near you. If you vote Green, there’s a good chance you will.”

Reform argued the approach was an “exercise in democratic consent”, claiming communities that back stricter immigration policies should not bear the burden of enforcement measures.

Political storm

The announcement triggered swift condemnation from across the political spectrum.

Mothin Ali said the policy was “abhorrent” and accused Reform of making inflammatory statements to distract from its wider agenda.

Labour chair Anna Turley described the proposal as “grotesque”, warning it undermined fundamental democratic principles by targeting communities based on how they vote.

Senior figures within the Conservative Party also voiced concern. Leader Kemi Badenoch shared criticism from former minister Simon Clarke, who warned the policy could amount to an abuse of power.

Clarke said deliberately siting facilities in areas based on voting patterns would likely face legal challenge and could be struck down in court, potentially costing taxpayers millions.

Legal and practical doubts

Critics have also raised questions over whether the plan could be implemented in practice.

Large detention centres would require suitable locations, infrastructure, and planning approval, as well as compliance with domestic law and international obligations.

Legal experts have suggested that targeting specific areas for political reasons could be open to challenge, particularly if it is seen as discriminatory or lacking a rational planning basis.

Reform’s defence

Reform has defended the proposal, insisting it is about fairness and accountability.

The party argues that voters who support stricter immigration controls should not be forced to host detention facilities, while those backing more liberal approaches should accept the consequences of their stance.

The policy was also framed as a direct challenge to Zack Polanski, with Reform suggesting Green politicians should “embrace” the idea.

Election backdrop

The row comes just days before local elections, with critics accusing Reform of deliberately provoking controversy to dominate the political agenda.

While the policy may appeal to the party’s core supporters, opponents say it risks alienating mainstream voters by appearing divisive and vindictive.

 

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Local Government

Eluned Morgan speaks to Local Democracy Reporting Service

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A VOTE for Reform will end in chaos for the Welsh Government if they gain power, and Plaid Cymru’s childcare proposals are “unsustainable without swingeing cuts,” Labour Senedd hopeful Eluned Morgan has warned.

The May 7 Senedd elections will see 44 candidates fighting for your vote in Pembrokeshire and Ceredigion in the new Ceredigion Penfro constituency stretching from north of Aberystwyth to Angle in the southwest and Llanteg in the southeast.

There are six Welsh Conservatives candidates, Plaid Cymru has eight candidates, Wales Green Party has six candidates, Reform UK also has six candidates, Welsh Labour is fielding seven candidates, Welsh Liberal Democrats have six candidates, one candidate is standing for Gwlad, and one for Heritage Party – Keep Our Countryside Green, along with three independents.

If a party wins enough votes, they will win one or more seats in the Senedd; if an independent candidate wins enough votes, they will win a seat in the Senedd.

Seats will reflect the percentage of votes each party or independent candidate gets.

One of those standing is Labour’s Eluned Morgan, most recently First Minister, who spoke to the Local Democracy Reporting Service in Narberth recently.

Many polls have suggested Labour is going to be hit hard by the ballot box on May 7, Eluned Morgan responding: “Polls are massively challenging, but nobody’s cast a vote yet, there’s a lot of undecided people out there.

“One of the things that comes up a lot [in canvassing] is the NHS, we need a sustainable offer in the future, at the beginning of the campaign there were a lot of scare stories about Withybush’s emergency department being closed, every election they say the same: ‘Withybush will close,’ and it never does.

“If we get in, we’ll have a £4bn programme for hospitals; there needs to be a new hospital in west Wales.

“We’ve spent a lot of money – £12m – on supporting Withybush, you don’t do that if you want to close a hospital.”

Polls have indicated one single party may not be able to gain enough votes to govern.

On the issue of a potential coalition or working closer with another party like Plaid Cymru, she said: “I’m not making promises on anything until after the election, what I will say is we won’t under any circumstances work with Reform, it’s important our values are clear and we wouldn’t work with them.”

On Reform she added: “People should think carefully about the services that they rely on and ask the question can they be assured they would continue if Reform were in power? They are untested, they have no coherence as a group.

“I know a win for Reform will end in chaos for the Welsh Government if they are the majority party.”

Plaid Cymru has pledged to provide universal childcare for children aged nine months to four years if the party forms the next Welsh government.

Responding, Eluned said: “Plaid are making promises way beyond what is affordable, their childcare offer we know is simply unsustainable without swingeing cuts in public services.

“I think that if Plaid is the majority party there will be public sector pay freezes for around 350,000 people in Wales if they fulfil their promises around childcare. We’re talking nurses, teachers, binmen, council office workers; because I can’t see where the money’s coming from.”

On her recent call for the controversial DARC ‘space radar’ proposals at Brawdy to be halted, she said: “During an election people need to know where you stand; Trump’s behaviour recently and his criticism in particular of the British armed forces has been unacceptable, his insults to people who served in Afghanistan really cut people.

“Until we get more clarity on whether he is a reliable partner I don’t think it is time to start a new defence project.”

 

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Business

Manorbier caravan park call refused by national park

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A CALL to allow a Pembrokeshire caravan park to change part of its site from touring vans to static units without a formal planning application has been refused.

In an application to Pembrokeshire Coast National Park, Norfolk-based Park Farm Opco Ltd, through Chipping Norton-based agent Laister Planning Limited, sought a Lawful Development Certificate for the proposed stationing of static caravans in lieu of touring caravans, year-round, at Park Farm Holiday Park, Manorbier.

A supporting statement accompanying the application said: “The purpose of this application is to confirm that the touring caravans so permitted for year-round occupation on the western field at Park Farm, are capable of being replaced by static caravan pitches without effecting a material change of use. There is no specific number of touring or static caravans which is being sought at this juncture.”

It says Park Farm Holiday Park comprises of two areas, area A having some 61 owner-occupied static caravans, and area B used for touring caravan pitches and tents.

Planning permission was originally granted way back in 1956 for the caravan site, on a temporary basis, a Lawful Development Certificate for an existing use for the use of the site for up to 70 static caravans granted in December 1998, mainly covering area A.

The statement said the lawfulness of siting caravans year-round was previously confirmed by the park in 2024 “use as a campsite for touring caravans (not including twin-unit static caravans) and tents which shall be occupied for holiday use only and used as temporary, non-permanent units on a year-round basis”.

Of the proposals, it said: “The site is currently used for the stationing of touring caravans all year round. Most of the caravans on the site are stationed on what is called a ‘seasonal’ basis, where the owners leave them permanently stationed on the site and use them as holiday homes, paying an annual ‘seasonal’ fee.

“The proposed use of the site is to replace the permanently stationed touring caravans with permanently stationed static caravans. No specific number is provided, as no number is provided in any of the existing certificates, but it is anticipated that the total number of caravans in the application site will inevitably be reduced as the caravans are generally larger.

“There would be no other change in the way the site is operated, and the intention is to use the caravans for holiday purposes.”

An officer report recommending the certificate of lawfulness for the change be refused, saying it was “not satisfied that the evidence accompanying the application is sufficient to establish that the proposed use would be lawful”.

It said that while lawfulness certificates for tourers had been granted “it is considered that the siting of single-unit statics in lieu of those tourers, as now proposed, would be inconsistent with the lawful use of the site, and cannot be considered lawful in the same way,” adding “the changes proposed would result in a definable character change to the site of a magnitude that would be sufficient to amount to a material change of use requiring planning permission”.

The application for a certificate of lawfulness was refused on the grounds “the proposed use of the site would represent a material change of use requiring planning permission for which no permitted development rights exist, meaning a specific grant of planning permission is needed in order for the scheme to proceed”.

 

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