Politics
Counsel general sets out plan to declutter Welsh law
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She told the Senedd the second part would modernise the rules on publication of Welsh law which is “fragmented and outdated”, with “gaps in public access and transparency”.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
Kurtz calls for better conditions for supply teachers
WEST WALES members of the National Education Union visited the Senedd on Wednesday to campaign for increased rights for those working as supply teachers employed through teaching agencies.
Commenting following the visit, Carmarthen West and South Pembrokeshire Member of the Welsh Parliament, Samuel Kurtz MS said: “It does not seem right that those opting to work as supply teachers are not afforded the same rights, pay and conditions as their full time, local authority employed counterparts.
“The flexibility that supply teachers offer our schools is essential to pupils being able to maintain a good level of education, covering staff sickness and training absences.
“My concern is that with the education line in the Welsh Government’s supplementary budget for 2024/25 showing a cut, the Cabinet Secretary has no intention of addressing these concerns.
“If we fail to demonstrate the value we place on the whole teaching workforce, we run the very real risk of being unable to improve the educational outcomes of pupils in Wales.”
News
Cresswell Quay’s historic charm recognised with Conservation Area designation
THE Pembrokeshire Coast National Park Authority (NPA) has approved the designation of Cresswell Quay as a Conservation Area, recognising its unique architectural and historical significance. The decision, confirmed by Authority Members at the NPA meeting on Wednesday, 23 October, follows an extensive consultation period, during which strong community support for the designation was expressed.
The new Conservation Area status will help protect Cresswell Quay’s distinctive character by ensuring that any future developments enhance the area’s historic and natural features.
Sara Morris, Director of Place and Engagement, commented: “The designation of Cresswell Quay as a Conservation Area provides vital protections for both its built environment and the surrounding landscape. We’ve taken into account valuable feedback from the community, including an extension of the boundary to include woodland on the northern bank of the estuary.”
The eight-week public consultation, which included a drop-in event at Pisgah Chapel schoolroom, saw positive responses from the community, with no objections raised. The designation will now be officially publicised through statutory notices in a local newspaper and the London Gazette.
As part of this process, an Integrated Assessment has been completed to evaluate the impacts of the designation on biodiversity, the Welsh language, and other factors. The Authority will also be developing a Conservation Area Appraisal and Management Plan, which is expected to be presented in early 2025.
Health
Plans to restrict profit in children’s social care move forward
PLANS to restrict profit making in the care of looked-after children cleared the first hurdle in the Senedd amid concerns about unintended consequences.
Senedd members voted to agree to the principles of the health and social care bill, which aims to restrict private profit, but warned of “huge risks” in practical terms.
Dawn Bowden, Wales’ social care minister, cautioned that the cost of caring for looked-after children has increased from £60m a decade ago to around £200m today.
“If we carry on that trajectory, we will be looking at a bill for local authorities of around £1bn in the next ten years,” she said, stressing that doing nothing is not an option.
Ms Bowden added: “We don’t want to see children treated as commodities in the care sector; we want to see investment in the care of our looked-after children.”
Russell George, who chairs the Senedd’s health committee, called for investment beyond the £68m the Welsh Government has already committed to the policy.
The Conservative said a majority of members supported the principles but the committee raised “very real concerns” about how the bill will work.
Mr George told the Senedd: “There are huge risks for the sufficiency and sustainability of residential and foster places … as an unknown number of providers leave the market.”
He said the cost of caring for looked-after children has risen dramatically in the past decade, which seems unsustainable with councils already facing enormous pressures.
Plaid Cymru’s Peredur Owen Griffiths raised the finance committee’s concerns about the “disappointing, below par” quality of information provided alongside the bill.
He said the minister wrote to the committee in October to confirm the total cost of the bill at £429m to £455m, a full three months after giving evidence.
“Although we are grateful for the clarification, this approach is simply not good enough,” said the committee chair who raised concerns about “fundamental ambiguities”.
Buffy Williams warned the bill makes it easier for councils to place children out of county.
The Labour chair of the children’s committee explained councils would be required to find accommodation “within or near to” the area rather than the current “must be within”.
She said: “We have significant concerns about this proposal…. Given the critical shortage of quality placements, we fear these provisions will mean that children are inevitably placed further away from their homes.”
Altaf Hussain, the Conservatives’ shadow social care minister, said the bill has admirable intentions but he warned of unintended consequences.
“This bill could lead to a huge decline in the care of looked-after children,” he said.
Dr Hussain told the Senedd seven councils in Wales provide no care at all, “so the private sector is the only game in town”, as he criticised ministers for “demonising” providers.
Mabon ap Gwynfor, Plaid Cymru’s shadow health secretary, backed the aims of the bill which was part of his party’s now-collapsed cooperation deal with the Welsh Government.
He said £3 for every £10 spent on foster care in Wales is going into the pockets of shareholders rather than being reinvested in improving the quality of services.
Mike Hedges, who chairs the legislation committee, was concerned that details of the bill’s impact on key issues such as human rights were not published in time for scrutiny.
“The lack of timely information from the government was a theme of our findings,” he said.
Mr Hedges criticised potentially misleading Welsh Government statements about the “elimination” of private profit from the care of looked-after children.
He clarified that the bill would restrict, rather than eliminate, profit.
Mr Hedges also raised concerns about the lack of an end date for transitional arrangements.
His Labour colleague Joyce Watson called for a national register of foster carers.
Jane Dodds, a former social care worker who is the Liberal Democrats’ leader in Wales, described the current system as dysfunctional.
She said: “If we think about it, we are paying our council tax; that goes straight into the shareholders’ pockets and it doesn’t meet the needs of those really vulnerable children.”
Ms Dodds urged ministers to avoid pitfalls from the experience in Scotland, where a study showed councils spent £218m on for-profit care despite a similar commitment in 2020.
Following the debate on October 22, Senedd members backed the bill, 37-14, with Labour, Plaid Cymru and Ms Dodds in favour while the Conservatives voted against.
The bill now moves on to the second of four stages in the Senedd law-making process, which will see the health committee consider detailed amendments.
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