Politics

Counsel general sets out plan to declutter Welsh law

Published

1 month ago

October 24, 2024

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She told the Senedd the second part would modernise the rules on publication of Welsh law which is “fragmented and outdated”, with “gaps in public access and transparency”.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

Education

Pembrokeshire free school transport call to be heard at County Hall

Published

1 day 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

2 days 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

2 days 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.