Politics

‘Lack of clarity’ in Wales Bill

Published

8 years ago

November 4, 2016

A REPORT on the Wales Bill, published by the House of Lords Constitution Committee, has stated that the lack of clarity over the demarcation of powers between the UK Parliament and Welsh Assembly not only risks future litigation, but the need for further legislation to clarify the settlement.

The report welcomes the move from a ‘conferred powers’ model (where the Welsh Assembly can only legislate on matters specifically devolved to it) to a ‘reserved powers’ model (where Welsh Assembly can legislate on any subject not explicitly ‘reserved’ by the UK Parliament). The reserved powers model offers a relatively clear and simple division of powers, as well as allowing the Welsh Assembly ‘constitutional space to legislate’. However, the Committee say that the way the Wales Bill implements the reserved powers model undermines these key advantages.

The complexity of the settlement set out in the Wales Bill, in which numerous legal tests interact with hundreds of matters reserved to the UK Government and Parliament, risks the courts being asked to make decisions about whether the National Assembly for Wales has the power to make laws in certain areas. The Committee contrasts this with the simpler settlement set out in the Scotland Act 1998, where the subjects reserved to Westminster are relatively limited, ensuring greater clarity about the devolution of powers.

The Committee also point out that in some areas, the list of reserved matters is so extensive, and the number of legal tests that must be met for the Assembly to use its powers are so vague, that the switch to a reserved powers model is likely to actually result in a return of power from the Welsh Assembly to Westminster.

The Committee call on the Government to explain whether the Wales Bill is actually intended to reduce the legislative competence of the Welsh Assembly in some areas and, if not, what steps they plan to take to ensure that the competence of the Assembly is not inadvertently reduced.

The Committee notes, for example, that absolute restrictions on the Assembly’s ability to modify criminal law in relation to sexual offences may affect its ability to exercise its legislative competence in relation to the protection and well-being of children and young adults.

The Committee notes that there is ‘no evidence of a clear rationale’ for the powers devolved by the Wales Bill and calls on the Government to explain the principles which underpin the devolution proposals set out in the Bill.

The Committee points out that in its recent report, The Union and Devolution, it recommended that further devolution should be managed in a coherent way based on sound principles and clarity about the purpose of the proposed devolution. It says the Government has failed to provide a clear rationale for the scope of powers devolved by the Wales Bill.

Lord Lang of Monkton, Chairman of the House of Lords Constitution Committee, said: “My Committee have taken a long and serious look at devolution within the UK in the last year and we bring that experience with us in examining the Wales Bill.

“We welcome the Wales Bill’s move from a ‘conferred powers’ to a ‘reserved powers’ model of devolution. However, the list of reservations is so extensive, and the legal tests that govern the Assembly’s powers so complex and vague, that it could be a recipe for confusion and legal uncertainty. The outcome is likely to be increased litigation as the courts are asked to decide exactly where the boundaries of the Assembly’s authority lies.

“We are disappointed that there is no clear explanation from the Government as to the rationale for the scope of the powers being devolved under the Wales Bill. As we noted in our report, The Union and Devolution, devolution must take place on the basis of appropriate principles to ensure that the devolution settlements evolve in a coherent way, rather than in a reactive, ad hoc manner.

“The Bill also risks, in some areas, actually reducing the powers of the Welsh Assembly. We have asked the Government whether that was their intention, and if not, how they intend to avoid unintentionally diminishing the Assembly’s powers.

“The Wales Bill starts Committee Stage in the House of Lords next week. This is the first stage where amendments can be made and debated and where the detail of the Bill is examined closely. I hope our report will be helpful to the House in informing that debate.”

This week, the Director of the Welsh Governance Centre, Professor Richard Wyn Jones, also raised concerns that the Wales Bill was being ‘rammed through Parliament’, and suggested that it could be blocked by the Welsh Government. Speaking to the BBC, he said: “It is genuinely hard to find people who aren’t directly involved on the UK government side with a good word to say about this legislation, certainly in terms of the detail,” he said.

“What was striking, we did have a consensus, an all-party consensus, in terms of moving to a reserved powers model.

“What’s particularly depressing is, in the enactments of that good intention, we’ve reached a stage where everybody who is looking at this in a relatively dispassionate way is pointing to some fundamental problems.

“I don’t think that anybody is going into this wanting it to fail, in terms of the critics. This is the only piece of legislation on the table, there is a sense the status quo is unsatisfactory and so people want this to work.

“There have been lots of constructive suggestions for change from the Welsh Government, from the National Assembly presiding office, and yet the legislation is being rammed through Parliament with, so far, only very small changes being conceded.”

However, the Leader of the Welsh Conservatives, Andrew RT Davies, described the ‘landmark’ legislation as offering ‘greater clarity and accountability than ever before in the devolved era’.

“Labour had 13 years in power to address concerns over where power resides and made no meaningful attempt to establish a lasting settlement. Whereas Conservatives have delivered a significant breakthrough, demonstrating our party’s commitment to devolution and the place of Wales as a full partner in the UK,” he added after the MPs gave the Bill an unopposed third reading in September.

“We now have an opportunity to move on from constitutional affairs, and the Welsh Government must now make best use of the tools at its disposal and deliver for Welsh communities; creating jobs, developing the Welsh economy and improving our public services.”

Community

Dafydd Llewelyn re-elected as Police and Crime Commissioner

Published

15 hours ago

May 6, 2024

Bruce Sinclair - Local Democracy Reporter

PLAID Cymru’s Dafydd Llewelyn has been re-elected as Police and Crime Commissioner for Dyfed-Powys, telling an audience in Llandysul it was “an honour and a privilege” to again hold the post.

Mr Llewelyn has held the post since 2016.

The elections took place on May 2nd, with the Ceredigion count and declaration of the commissioner taking place at Llandysul’s Ysgol Bro Teifi May 3rd.

The election saw four candidates vying for the post:

Philippa Thompson (Labour and Co-operative Party)
Ian Harrison (Welsh Conservatives)
Justin Griffiths (Welsh Liberal Democrats)
Dafydd Llywelyn (Plaid Cymru), the current commissioner

The role of the Police and Crime Commissioner (PCC) is to be the voice of the people and hold the police to account, and are responsible for the totality of policing.

PCCs aim to cut crime and deliver an effective and efficient police service within their police force area.

The Dyfed-Powys force area covers the counties of Ceredigion, Pembrokeshire, Carmarthenshire and Powys.

Overall votes for Dyfed-Powys were:

Dafydd Llewelyn, 31,323
Ian Harrison, 19,134
Philippa Thompson, 18,353
Justin Griffiths, 7,719

At the Ceredigion count Mr Llewelyn thanked the returning officer and staff for “working tirelessly,” adding: “Being the Police and Crime Commissioner in an area I’ve grown up in and worked all my life is quite an honour and a privilege, and I’m looking forward to serving a further four year term in office for Dyfed-Powys.”

Ceredigion results were: 7,146; 1,971; 1,716; and 1,307 respectively, with a 21.7 per cent turnout.

Pembrokeshire results saw Labour’s Philippa Thompson gain the majority, of 5,386, with Mr Harrison second on 5,168, Mr Llewelyn third on 4,643, and Mr Griffiths fourth on 1,209.

Carmarthenshire saw Mr Llewelyn lead, with 14,739 votes, followed by Labour on 7,395, conservative 5,430, and Liberal Democrats 2,037.

Powys saw a very different picture, with Mr Harrison leading.

Conservative: 6,565
Plaid Cymru: 4,795
Labour: 3,856
Liberal Democrats: 3,172

All four candidates have been contacted for their reaction following the re-election of Mr Llewelyn.

All four hopefuls had previously issued statements outlining why they should hold the position.

Philippa Thompson (Labour), in her statement, said: “There’s a huge crisis in funding for policing and public services. The Conservative Westminster Government has so much to answer for having destroyed our country’s economy. Labour believes security is the bedrock on which opportunities are built, communities thrive, and local economies prosper.

“Instead of standing up for security, the Tories have done the opposite. This wasn’t an accident – it was the result of deliberate choices. A choice to cut police from our streets, a choice to undermine respect for the rule of law. Our communities cannot afford more of the same. Things have got to change.

“Labour will be tough on crime and tough on the causes of crime.”

A statement on behalf of Ian Harrison (Conservative) said: “If elected as Police and Crime Commissioner for Dyfed Powys Ian’s immediate priorities will be focused upon Force performance within the context of the Annual HMIC reports and he would plan to come to an early agreement with the Chief Constable to address this issue.

“Residents tell Ian that they want to see more police officers, and that they want action on anti-social behaviour, tackling County Lines gangs, domestic violence and rural crime.

“Dyfed Powys is an enormous rural area to police, and Ian intends to spend his time visiting and listening to many stakeholders and interest groups as he develops specific plans and initiatives to reduce crime, make residents safer and reinforce interfaces with victim support groups.”

Justin Griffiths (Welsh Liberal Democrat), in his statement, said: “If elected I would seek to implement a more transparent, accountable and community-based policing service.

“I would seek to restore proper community policing ensuring officers are visible in our communities and not diverted to other areas, whilst tackling inequalities in criminal justice and seek to implement the recommendations of the Thomas Commission in devolving of powers to the relevant devolved administration.

“I would implement a fairer and more compassionate policing service e.g. the focus on drug offenders being put on rehabilitation programs, this is an example of our holistic approach to reducing repeat offending and a reduction in court backlogs and overpopulated prisons.”

Dafydd Llywelyn (Plaid Cymru) said: “As your current Commissioner, operational, front-line policing has, and always will come before party politics. I have a strong track record of delivering on my promises and of listening to the communities of Dyfed Powys.

“I am proud of what I have achieved since 2016, but there is still so much to do.

“I am an approachable individual and I believe in listening to all members of the community in order to shape a successful police force.”

He says, since 2016, force area resources have been improved, and says he will “continue to put the victim at the heart of the service and develop a truly victim-led service”.

Politics

Claimed £2m council rent arrears to come under spotlight

Published

15 hours ago

May 6, 2024

Bruce Sinclair - Local Democracy Reporter

CONCERNS that Pembrokeshire County Council has “serious rental arrears of more than £2m” are to come under the spotlight in a series of questions to senior councillors at County Hall next week.

Merlin’s Bridge councillor John Cole, in a submitted question to be heard at the May 9 meeting of Pembrokeshire County Council, will ask: “In the budget seminars. It was reported that the council has serious rental arrears that are over £2 million.”

In a three-pronged question to Cabinet Member for Housing Operations & Regulatory Services Cllr Michelle Bateman, he will ask:

“What amount of arrears are attributed to housing benefit not being passed on to the council by tenants?

“What is the highest, lowest and average amount of arrears owed and number of tenants in arrears?

“Would it not be prudent to have a clause in Tenancy agreements that tenants agree that housing benefit rents are made directly to the Council, thereby negating the arrears occurring in the first instance.”

A similar point is to be raised by Conservative group leader Cllr Di Clements with another Cabinet member.

The county councillor for Marletwy will ask two related questions “Can the Cabinet member for Finance [Cllr Alec Cormack] provide me with the current number of properties in council tax arrears and the total figure of such arrears?

“What were the above figures a year ago, and what are the estimated figures a year from now?”

The questions are expected to be answered by the appropriate Cabinet members at the May 9 meeting.

Politics

Senedd repeats calls for ceasefire in Gaza

Published

15 hours ago

May 6, 2024

Chris Haines, ICNN Senedd reporter

THE SENEDD reiterated calls for an end to the horrors of the Israel-Hamas war.

Peredur Owen Griffiths led a debate on the conflict almost six months on from the Senedd voting in favour of Plaid Cymru’s calls for an immediate ceasefire.

Responding to criticism that the Senedd should concentrate on matters in Wales, and within its powers, he stressed that Welsh citizens have been directly affected by events in Gaza.

The South Wales East MS raised the example of Gillian and Pete Brisley, from Bridgend, who tragically lost their daughter and granddaughters in the Hamas attack on October 7.

He said: “I have attended prayers next to a man in Dar-ul-Isra mosque who has lost over 20 members of his immediate family in Israel’s war on Gaza.”

Mr Owen Griffiths told the chamber the latest death toll stands at 1,139 Israelis and 34,979 Palestinians killed, according to Al Jazeera.

He said: “In reality, the death toll is likely to be much higher, as more and more bodies are pulled out of the rubble…. This is devastation and sorrow on an unimaginable scale.”

The MS said the response from people in Wales has been clear: “Not in our name,” but he warned that that passion and determination has not been matched by Welsh ministers.

Mr Owen Griffiths suggested the Welsh Government has changed its tune, now calling for an immediate ceasefire, despite all ministers abstaining in November’s vote.

He called for “long-overdue” sanctions on Israel and an end to arms shipments, urging firms and pension schemes to stop fuelling or sustaining the conflict.

Plaid Cymru leader Rhun ap Iorwerth called for an end to the atrocities, a ceasefire, sanctions, and a massive increase in humanitarian aid.

He said: “We cannot allow the world to forget the horrors of this war. We can’t forget those killed and taken hostage on October 7, and we demand their release.

“And we must never forget the tens of thousands killed and still being killed in Gaza, the hundreds of thousands of Palestinians facing destitution, malnutrition and homelessness.”

John Griffiths said his constituents want an immediate and permanent ceasefire, the release of hostages, humanitarian aid, and the beginnings of a long-term political solution.

The Newport East MS said humanity must prevail over the terrible carnage.

Echoing the UN secretary-general António Guterres, who urged people not to be bystanders, Mr Griffiths was heartened that Welsh people have protested and made their voices heard.

Plaid Cymru’s Sioned Williams warned that 73% of the 34,000 people killed in Gaza are women and children, according to the UN.

She urged the Welsh Government to take a stand by calling out the “appalling, unjust and illegal” treatment of women and children in Gaza.

While international affairs is non-devolved, the South Wales West MS pointed out that Welsh ministers made statements on the appalling invasion of Ukraine.

Jenny Rathbone told the chamber Israel has killed more journalists in Gaza in 200 days than all the journalists killed in the second world war.

The Labour backbencher, who represents Cardiff Central, said the occupying army has a duty to care for civilians but this has not been met in Gaza nor the West Bank.

She urged the US to insist on an immediate ceasefire by withholding all military aid to Israel.

Mabon ap Gwynfor, who represents Dwyfor Meironionnydd, urged the Welsh Government to ensure no arms or components from Wales are sold to Israel.

The Plaid Cymru MS said: “Those who defend the actions of the state of Israel say that that state is protecting itself – but killing 35,000 people is not an act of defence.

“It’s not an act of defence to kill a third of them being children.

“It’s not an act of defence to bomb patients in hospital and it’s certainly not an act of defence to prevent humanitarian aid from reaching a population that is about to starve to death.”

Plaid Cymru deputy leader Delyth Jewell, who previously worked for Action Aid, raised grave concerns about the safety of former aid worker colleagues trapped in terrible conditions in Gaza.

Lesley Griffiths said foreign policy is not devolved but Welsh ministers are cognisant of the real and lasting consequences of the horrifying conflict on communities in Wales.

Ms Griffiths, who was appointed culture and social justice secretary in March, said the Welsh Government’s position remains that it wants to see a ceasefire as soon as possible.

She told the debate on May 1 that spikes in Islamophobia and anti-Semitism in Wales have not been as bad as first feared, but there have been some isolated hateful incidents.

Ms Griffiths warned that Wales has not donated to alleviate suffering in Gaza because the Disasters Emergency Committee has been unable to launch an appeal.

She said Welsh Government calls to explore a Gaza resettlement scheme to help those most in need have been met with short shrift by UK ministers.