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Wales’ top lawyer backs ban on ex-politicians judging old colleagues

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FORMER Senedd Members should be permanently banned from judging the conduct of old colleagues, Wales’ top lawyer has suggested – contradicting plans in a new recall bill.

The recall bill includes a two-year cooling-off period before former Senedd politicians can become “lay” members of a committee which recommends sanctions for misbehaviour.

But Julie James, who is counsel general, the Welsh Government’s chief legal adviser, argued the disqualification should be for life to overcome public cynicism.

She made the comments on Monday November 17 while giving evidence on plans to introduce a system of recall, which would allow voters to remove politicians between elections.

Under the bill, for the first time, lay members would be appointed to the Senedd’s standards of conduct committee but – unlike in other parliaments – this could include former members.

Douglas Bain, the standards commissioner who investigates complaints about Senedd Members, has warned two years is too short and called for a four-year ban.

But Ms James went further, telling the legislation committee former Senedd politicians should not be able to sit as lay members in judgement of their old colleagues at all.

She told Senedd Members: “For what it’s worth, as a personal thing, not speaking as the counsel general, I think it should be a permanent disqualification.

“I think you would be permanently thought of as being in whatever camp you’d been in when you were elected – and that’s just a personal view, it’s not a government view.

“But, I can see, if you’re trying to overcome cynicism and so on, the idea that that person is now non-aligned and independent is difficult.”

Asked about the rationale for including the proposed two-year cooling-off period in the bill, the former solicitor told Senedd Members: “I mean it’s a place to start if I’m honest.”

She said the two-year prohibition aligns with the qualification requirements for the standards commissioner as well as rules on ministers taking jobs after politics.

Adam Price, the former Plaid Cymru leader, warned: “The degree of perceived conflict of interest here is possibly even greater because you’re being appointed not just to any external organisation but to the sub-committee of an institution you were a member of.”

Plaid Cymru MS Adam Price
Plaid Cymru MS Adam Price

Ms James concluded: “If you’ve been an elected member of the Senedd, you shouldn’t be allowed to be a lay member of one of its committees because, frankly, I don’t think you’d ever be regarded as ‘lay’ by anyone.”

She stressed ministers are walking a fine constitutional line – seeking to establish a legal framework without dictating internal rules to the Senedd – and she suggested the Welsh Government was open to amendments.

She said: “We felt very strongly that we shouldn’t start from the point of view of the government telling the [Senedd] commission how to conduct its business.”

Labour MS Alun Davies
Labour MS Alun Davies

Alun Davies, a Labour member of the legislation committee, raised concerns about plans to create election-related offences, including around false or misleading statements of fact.

Mr Davies warned the can was being kicked down the road, saying: “We’re being asked here to put on the statute book a duty to create an offence which itself isn’t defined.

He added: “But that feels like an extraordinarily unsatisfactory way of making law… It does not feel like we’re creating a serious piece of law here.”

Ms James told her colleague: “It’s for the next government and the parliamentary authorities to define that offence, yes.”

Mr Davies said: “You’re going to wish your successors well with this, I trust,” drawing a laugh from the counsel general.

Senedd Members heard an existing criminal offence on false statements during elections would be widened beyond a narrow focus on the character or conduct of another candidate.

But Ms James highlighted the need to “insulate” a bill “right on the edge” of devolved powers, saying: “We need to make sure we don’t push it so far that the whole thing fails.”

She warned the final vote on the bill would fall on the last government sitting day of term, with royal assent before dissolution on April 8 but after the Senedd rises at Easter.

She said the tight timetable means the bill would instantly fail if the UK Government was to refer the question of whether it is within the Senedd’s powers to the Supreme Court.

The counsel general told the committee: “We’re very keen that that doesn’t happen so we are perhaps being hyper-cautious about it.”

 

News

Rayner and Lammy visit Wales to discuss justice and community safety

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THE UK DEPUTY Prime Minister Angela Rayner visited Cardiff on Friday (Mar 13) alongside Justice Secretary David Lammy as part of a visit focused on community safety, probation services and cooperation between the UK and Welsh governments.

During the visit, the Deputy Prime Minister travelled to the Dusty Forge community hub in Ely, where she met members of the public involved in local community projects.

The centre provides a base for a range of services aimed at strengthening community ties and helping people rebuild their lives. Rayner also met staff from the Probation Service who work from the hub, discussing their role in supporting offenders back into society and helping reduce reoffending.

While at the centre, the Deputy Prime Minister spoke with local campaigner Donna Hurley, often referred to locally as the “Queen of Ely”. Their conversation focused on the importance of community cohesion and the role community hubs can play in supporting people leaving prison to turn their backs on crime.

Following the visit to Ely, Rayner travelled to the Senedd in Cardiff Bay where she was given a tour of the Welsh Parliament building.

She later held talks with Huw Irranca-Davies MS, the Deputy First Minister of Wales.

The meeting centred on how the governments in London and Cardiff can work together more closely to improve public services and create a more effective and fair justice system.

Discussions also touched on cooperation around probation services and youth justice, areas where responsibilities between the UK and Welsh governments intersect.

The visit forms part of ongoing efforts to strengthen collaboration between the two governments on issues affecting communities across Wales.

 

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Business

Legal action backed in case over development at Dinas Cross

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LEGAL action against a landowner, who repeatedly failed to comply with an enforcement notice served back in 2023, has been backed by Pembrokeshire’s national park.

Members of Pembrokeshire Coast National Park’s March development management committee meeting were asked to back delegated authority for prosecution proceedings in the magistrates’ court for failure to comply with steps required to be taken by an enforcement notice on land to the south of Parc Yr Eglwys, Brynhenllan, Dinas Cross.

A report for the committee said that, in May 2023, the park received a complaint that a green field in the open countryside had been stripped of its vegetation and turned into a mobile home park by the new landowners.

Following a site inspection, a planning contravention notice was served in relation to the removal of hedgebanks/hedgerows, widening of the existing access, alterations to ground levels, construction of a track and the siting of a storage container.

After that, a 2024 retrospective planning application was received by the park seeking retention of the hardstanding area, siting of storage container and additional landscape works, which was refused that May.

“As no voluntary steps were taken to remedy the breach of planning control and no appeal made against the refusal of planning permission, the Authority considered it expedient to issue and serve an Enforcement Notice as the development and use of the land resulted in an unnecessary incursion into the rural countryside which causes a significant visual intrusion to the detriment of the special qualities of the National Park,” the report said.

An enforcement notice was service in January 2025, but, the following month, the landowner lodged an appeal with Planning & Environment Decisions Wales, which was dismissed that June; the enforcement notice taking effect.

A further application, seeking permission for a small-scale seasonal campsite on the land was received in June 2025, subsequently refused that October; officers confirming to the landowner the enforcement notice remained in effect, running through to January 3 of this year.

A site inspection undertaken by officers on January 6 confirmed the breach of planning control continued, the report added.

This was followed by a further planning application seeking to regularise the development on January 21.

That application was refused on March 9.

The report concluded: “The landowner has had multiple opportunities to regularise the development through both retrospective applications and an appeal against the enforcement notice. Those processes have not resulted in permission being granted nor compliance being achieved.

“The continued failure to comply with the enforcement notice undermines the integrity of the planning system and public confidence in its proper operation.

“It also results in an unnecessary incursion into the rural countryside which causes a significant visual intrusion to the detriment of the special qualities of the National Park.

“Officers therefore consider it expedient and in the public interest to pursue prosecution proceedings should the breach remain unresolved.”

Members backed the recommendation.

 

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Business

Tesco B&Q Haverfordwest click and collect pod approved

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PLANS for a B&Q ‘click and collect’ pod at a Pembrokeshire supermarket, to save customers having a make a round trip of nearly 60 miles to the nearest home improvement store, have been approved.

In an application to Pembrokeshire County Council, B&Q Ltd, through agent Pyrke Planning, sought permission to install a modular ‘Click and Collect’ pod, with associated livery and signage, on the access road to Haverfordwest’s Portfield Road Tesco Extra superstore.

The application included a related scheme for signage for the proposal.

A supporting statement said: “This planning application seeks permission for the installation of a Click and Collect pod to be operated by B&Q Limited within the car park of the Tesco Extra store at Portfield Road, Haverfordwest.

“It does not involve any construction but simply the placing of a modular unit within the car park which, together with dedicated collection spaces, will take up 12 parking spaces and be situated within the customer car park.

“B&Q Limited (B&Q) is the UK’s largest home improvement retailer, serving both the general public and tradespeople. It supplies a wide range of DIY, home improvement and garden products, primarily from its stores across the UK but also through its online website.

“The trial of a new fulfilment service – B&Q Collect – in partnership with Tesco, is another step forward in their evolution. It gives customers greater choice over how they collect and return their items and helps make it easier to do their home improvement projects.

“B&Q does not have a store in Haverfordwest, with the nearest outlets being situated in Carmarthen (28 miles), Llanelli (37 miles) and Swansea (46 miles).

“It is consequently proposed to introduce a click and collect option for DIY customers and local tradespeople to allow next day collection of products which it is inconvenient for people to have delivered at home and to remove the need for a minimum c.50-mile plus round trip to one of the established stores.”

No objections to the proposal were raised by Haverfordwest Town Council.

The application, and the related signage scheme, were conditionally approved by county planners.

 

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