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Politics

Draft Wales Bill debated in Senedd

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Clarity and coherence needed: Andrew RT Davies

Clarity and coherence
needed: Andrew RT Davies

CROSS PARTY concerns about the draft Wales Bill were expressed during a debate at the Senedd on Tuesday (Nov 3).

Carwyn Jones, who has previously described the draft Bill as giving ‘great cause for concern,’ said that the proposals went ‘straight to the heart’ of what the Assembly does, and can do in years to come.

Mr Jones said that he had recently had a ‘constructive’ meeting with the Secretary of State for Wales, who had been ‘better appraised’ regarding the difficulties of the bill in it’s current form.

“At the heart of the difficulties with the bill is the failure to create a separate jurisdiction,” he added, pointing out that the Lord Chief Justice had said that separate Welsh jurisdiction was possible without a separate judicial system.

Among the issues that Mr Jones said his party had with the draft Bill was the division between what is and isn’t devolved. Using Milford Haven as an example, he pointed out that devolving port control according to turnover ‘acted as a disincentive’ to the Welsh Government, because investing to improve ports could see control over them returned to the UK Government.

Another example given was that of open-cast mining, which is legislated by Whitehall, while land restoration falls under the Welsh Government’s remit.

Mr Jones also criticized the Minister of the Crown Consents over Welsh laws, which he described as a ‘relic.’ He claimed that as a result, the Welsh Government would no longer have recourse to the Supreme Court, and that the Welsh Government would be unable to modify any function of reserved authority, or any UK government function, even if it were devolved.

Andrew RT Davies also said that he had concerns over the draft Bill, although he described it as largely positive. Mr Davies said that it was ‘vital’ for the Assembly to work cross-party to make the Bill clearer and deliver what was requested by every county in Wales in the 2011 referendum.

He pointed out that there was a ‘lot of good’ in the draft Bill, including legislation powers over energy and ports as well as increased devolution of local government and Assembly elections. “Instead of focusing on the negative, we should concentrate on the positive,” he added.

“I, along with my colleagues on this side, do have issues and concerns around the consenting process, because ultimately, what we don’t want to do is move backwards.

“What we want is clarity and coherence in the settlement. It will serve no one if all we end up doing is muddying the waters.”

In response to Plaid Cymru AM Simon Thomas asking whether this meant he was willing to reconsider his opposition to a separate Welsh jurisdiction, Mr Davies said that he had always been open minded about this, but might need to be persuaded that the timing was currently right. However, he added, it may help improve the clarity of the Bill.

Leanne Wood said that a reserved powers settlement without separate jurisdiction was ‘complex and restrictive,’ and that there seemed to be cross-party agreement on this point.

The Plaid Cymru leader criticized the Secretary of State for Wales for blaming Westminster opposition parties, Plaid Cymru, and ‘Welsh Nationalist academic and lawyers’ for opposition to the draft Bill, without taking any responsibility himself.

She added that Labour’s position was ‘problematic’ due to some Welsh MPs agreeing that certain powers should not be devolved.

The leader of the Liberal Democrats, Kirsty Williams said: “The status quo of Welsh devolution cannot stand. The fact our laws regularly end up in the Supreme Court is evidence enough that the current system is not fit for purpose.

“Devolution must work properly and efficiently for the people of Wales. Yet, the draft Wales Bill risks taking us back to a situation where the National Assembly will have its actions thwarted by Westminster. That clearly is not acceptable.

“Without the Liberal Democrats in government, I fear the momentum on this issue could be lost. We can’t allow that to happen. The Tories are, I hope, slowly waking up the fact that this bill is a long way off being ready. My Welsh Liberal Democrat colleagues in Westminster will be leading on amending the bill to ensure that there is clarity regarding the division of responsibilities between Wales and Westminster.

“It’s disappointing that, during the St David’s Day process, the Tories and Labour once again blocked progress on devolving policing and youth justice. The Welsh Liberal Democrats will continue to fight to ensure that decision making is brought closer to local people.”

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Welsh Lib Dems urge First Minister to return dodgy donation

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THIS week in the Senedd, the Welsh Liberal Democrats have urged the First Minister to return the £200,000 donation he received from a company linked to environmental crimes.

Speaking to the Senedd on Wednesday, party leader Jane Dodds MS urged FM Vaughan Gething to return money donated to his campaign by Dauson Environmental, a refuse and recycling business owned by David John Neal.

Mr Neal received a 3-month suspended prison sentence in 2013 for illegally dumping waste at a conservation site on the Gwent levels.

His companies Atlantic Recycling and Neal Soil Suppliers were also prosecuted and given fines and costs of £202,000.

Then in 2017, Mr Neal was given another suspended sentence of 18 weeks, with fines and costs of £230,000 after failing to remove the waste.

The Welsh Lib Dems have called on the FM to return the donation, as part of wider calls for a shift away from the influence of “big money” in Welsh politics.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said:

“This entire episode has casted a dark shadow upon Welsh democracy and has rightfully led to many questioning the integrity of Vaughan Gething’s leadership campaign and the way our democracy works here in Wales.

Unfortunately for many of us this is hardly surprising, as our political system has been broken for quite some time now.

A system that empowers the elite donor class whilst simultaneously shutting out the voice of the voter is a perversion of democracy itself.

This is why our wider goal must be to remove the influence of ‘big money’ from Welsh politics once and for all.

We cannot have another government that prioritises the interests of its financial benefactors over those of the Welsh people.

We need to take a firm stance in rooting out the influence of cash in Welsh politics, for the sake of our communities we must start prioritising their interests and needs instead of having more self-serving politicians.”

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Politics

Pembrokeshire flag policy to avoid ‘creating tensions’ moved

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AN OFFICIAL policy for flying flags at, and lighting up, Pembrokeshire’s County Hall in order to avoid “the potential to cause controversy and create tensions between community groups,” is to be presented to full council.

At the April meeting of Pembrokeshire County Council’s Policy & Pre-Decision Overview and Scrutiny Committee, members agreed – with one vote against – to recommend official guidance for the flying of flags and lighting up of County Hall is backed by full council at its May 9 meeting.

The call for official guidance had been made following a March request by Cllr Huw Murphy for the Haverfordwest home of Pembrokeshire County Council to fly the Falklands flag on June 14, to mark the islands’ “return of democratic rule following an illegal military occupation by Argentina” 40 years beforehand, in 1982.

At that meeting, members agreed to refer the matter to the committee, along with official guidance on lighting-up, through a cross-party group.

Leader Cllr David Simpson said: “Like all symbols, flags and the lighting up of buildings are open to wide-ranging interpretations and therefore also have the potential to cause controversy, and create tensions between community groups whose opinions may differ, a situation which we ourselves have experienced here previously.

“County Hall should be a neutral venue and I therefore suggest we secure cross-party support for any cause requesting the flying of a flag or lighting up of the building.”

Members of the April committee heard a long list recommendations and conditions for both flags and the ‘lighting up,’ one of the recommendations for refusal was “for any party political purposes either, locally, regionally, nationally or internationally”.

It also said any requests “considered to be of a political or potentially controversial nature,” will require the consideration and approval of the leader of the council in consultation with the chief executive, in accordance with the code of recommended practice on Local Authority publicity in Wales.

The final decision will be made by full council at its May meeting.

County Hall has previously been ‘lit up’ for a wide variety of reasons including Holocaust Memorial Day, Universal Children’s Day, International Women’s Day, in tribute to NHS workers, and to mark domestic abuse awareness month.

It has also been lit up for LGBT+ History Month and in support of the Black Lives Matter movement.

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Politics

Plans to reform the Senedd edge nearer

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PLANS to expand the Senedd and change the voting system have moved a step closer, but MSs called for urgent action to address a lack of accountability.

The Senedd voted on amendments to the members and elections bill, which would increase the size of the Welsh Parliament from 60 to 96 members.

Under the bill, the 32 constituencies that will be used in the next general election would be paired to create 16 for the 2026 Senedd poll, with each returning six members.

However, proposals to introduce a recall system and make it illegal for Senedd members or candidates to deliberately deceive the public were withdrawn at the eleventh hour.

MSs held a stage-three debate, the final opportunity to alter the reforms, on April 30 ahead of a crunch vote next week which coincides with 25 years since the first Senedd election.

Plaid Cymru’s Adam Price proposed making deliberate deception by candidates or Senedd members a criminal offence, with conviction resulting in disqualification.

The former party leader raised concerns about falling public trust in politics worldwide, warning that a credibility gap has become an accountability chasm over the decades.

“Now, we’re staring into an abyss,” he said. “We’re looking at a future world of deepfakes, post-truth politics and wave after wave of disinformation.”

The Carmarthen East and Dinefwr MS told the chamber the proposal would be a world first, stressing: “We need to do something, and we need to do something urgently.”

Supporting the amendment, the Conservatives’ Darren Millar said it is illegal for a doctor to mislead a patient as he asked: “Why should it be any different for us?”

Lee Waters, a Labour MS, backed the “reasonable” proposal despite initially being sceptical, pointing to bipartisan support for bringing politics in line with other professions.

Jane Dodds, the Lib Dems’ leader in Wales, added her support, saying a 2021 survey found 63% of voters view politicians as being “out for themselves” compared with 48% in 2014.

Mick Antoniw, who is counsel general, the Welsh Government’s chief legal adviser, said further detailed legal and policy analysis is required to avoid unintended consequences.

Mr Antoniw, who is in charge of the bill, emphasised the importance of members being able to speak freely and suggested Wales does not have the powers to create such an offence.

Mr Price withdrew the amendment, saying he did not want to fracture emerging consensus by forcing a vote, but he stressed the Senedd must legislate this term.

Mr Millar called for a recall system, which would allow voters to remove a Senedd member between elections, similar to the one introduced in Westminster after the expenses scandal.

The Tory MS told the chamber a system of recall is an important accountability mechanism, which empowers voters to pass judgement on their representatives.

He said: “It would ensure trust and accountability are at the heart of everything we do – not just at election time but throughout the time members are in office.”

Seemingly referring to Rhys ab Owen, who is serving a 42-day suspension without salary from the Senedd, Mr Millar said: “These are matters of live public interest.”

Vikki Howells, who chairs the Senedd standards committee, said the committee will work on recommendations around a recall system as part of a wider inquiry on accountability.

Ms Dodds said a recall mechanism would be a pivotal step to address eroding public trust.

She raised the Citizens’ Assembly on Democracy’s concerns about an “embarrassing political culture of dishonesty and lack of serious consequences for bad behaviour”.

The former MP, who herself won a 2019 by-election triggered by a recall petition before her election to the Senedd, pointed out that Boris Johnson resigned at the threat of recall.

Mr Antoniw said the Welsh Government would not vote for the amendments but ministers stood ready to support implementation of the committee’s recommendations.

Mr Millar withdrew the amendment in light of the cross-party inquiry but the Clwyd West MS warned time is running out to implement recall before the 2026 election.

The Senedd voted down calls for a referendum and to change the proposed closed-list electoral system which would see people voting for parties rather than individuals.

Suggesting a flexible-list system, which would give voters more say over who is elected, Mr Millar described closed lists as a power grab that would damage Welsh democracy.

He warned that voter turnout – which has never topped 50% in a Senedd election – could be even lower in future if people are given less say over who represents them.

Mr Millar explained a flexible-list system would give voters more choice, with any candidate receiving more than 10% of the vote moving to the top of the pile.

Heledd Fychan, for Plaid Cymru, said her party continues to favour the single-transferable vote, which allows people to rank candidates, or a flexible-list system.

But she stressed the need for pragmatism and compromise with a two-thirds supermajority required for the bill to pass through the Senedd.

Ms Fychan welcomed that Wales would become the first UK nation to entirely move away from the “harmful” first-past-the-post system used in Westminster elections.

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