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Politics

WG votes down another rights Bill

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THE WELSH Government has voted down a second Private Members Bill in a week, leading to an angry reaction from the Welsh Conservative Party.

Welsh Conservative AM – Darren Millar – slammed the Welsh Governments ‘tribalism’ as a key contributor to its failings in Wales, and described its rigid approach to politics as ‘comparative of an authoritarian regime’.

Last week, The Herald reported on opposition AMs’ fury that the Welsh Government voted against Assembly Member Paul Davies’ private bill which aimed to ensure increased support for autistic people of all ages, by addressing issues such as health and social services, educational outcomes, access to housing, and employment and providing rights of statutory redress when services fail.

The Older People’s Rights Bill was proposed by Mr Millar, and designed to ensure that older people in Wales were protected, promoted and respected by public sector decision makers.

The Bill was backed by the Older People’s Commissioner, the Equalities and Human Rights Commission, Age Cymru, Age Connects, and the Cymru Older People’s Alliance, amongst others.

Proposals for Mr Millar’s Bill had previously received cross-party support, and the Welsh Government supported a motion which was agreed by the National Assembly for Wales on 12th January 2016 to bring forward legislation to protect and promote the rights of older people.

GOVERNMENT REJECTS STATUTORY RIGHTS

Notwithstanding the Welsh Government’s previous position, it once again waved the shroud of wanting to deal with issues in a holistic way without resorting to legislation ‘at this stage’.

Fear is growing that the Welsh Government is fearful of enacting legislation that confers rights to individuals, preferring instead to listen to service providers whose services might not withstand close scrutiny and a rights-based approach to ensuring compliance with standards.

Speaking in the Assembly, Darren Millar said: “The purpose of the Bill is to build on Wales’s excellent track record to date by embedding a rights-based approach in the development, planning and delivery of public services that affect older people in Wales.

“If given permission, I will seek to consult with stakeholders to develop a Bill that will further enshrine the rights of older people within Welsh law, by placing a duty on Welsh Ministers to have regard to the United Nations Principles for Older Persons when making decisions that may impact upon older people in Wales; that will provide for the ability to extend that due-regard duty to local authorities, health boards and other Welsh public authorities; that will place a duty on Welsh Ministers to promote knowledge of and understanding of the UN Principles for Older Persons; and that will require Welsh Ministers to publish annual reports on their compliance with their older people’s rights schemes—something that doesn’t happen at the moment.”

The proposed legislation was very similar to the Rights of Children and Young Persons (Wales) Measure 2011. A Bill which passed the Assembly with little controversy.

Mr Millar continued: “We embarked upon this journey a number of years ago and we can deliver and pioneer a new rights-based approach for older people’s rights here in Wales. We’ve got an opportunity to develop legislation that will result in practical improvements in the decision making and delivery of public services, that will raise awareness of older people’s rights and give them recognition and status, and that will empower those hundreds of thousands of older people across Wales to access those rights.”

THE TIME IS NOT RIGHT

Responding on behalf of the Welsh Government, Minister for Local Government Julie James suggested that older persons’ rights are already sufficiently protected by a range of Welsh Government measures, including its totemic Wellbeing of Future Generations Act.

In any event, the Welsh Government did not regard the time had yet come for legislation – rather ignoring the point that the current First Minister supported such legislation when he was Health Minister.

Ms James concluded: “While I strongly support the sentiments behind this Bill, the time is not right for this particular bit of legislation. When we do legislate, we should do that holistically for the whole of society and in a way that identifies the needs of all disadvantaged groups.”

Supporting Darren Millar’s bill and suggesting that it should progress to the next stage so elements of it could be incorporated into future Welsh Government legislation, Plaid Cymru’s Helen Mary Jones pointed out: “Unless individuals have mechanisms they can use which don’t depend on the Government and that do not depend on an independent commissioner, but that they can use themselves to enforce those rights, those rights at their very end may not be enforced.”

David Rowlands (UKIP) said: “It is incumbent on statutory authorities to ensure that the core mainstream services are available to older residents in the same way that they are for other people… If children are protected in law, why not the other most vulnerable group, the old?”

THE PAYROLL VOTE VOTES

Concluding the debate, Darren Millar noted that an invitation extended to both himself and the older people’s commissioner to meet with the Government on February 6 to discuss its ‘holistic’ plans for the future was made only the day before the scheduled debate.

As usual, Labour AMs, including ‘independent’ government minister Dafydd Elis Thomas and Lib Dem Kirsty Williams, followed the government line. Two members abstained, Bethan Sayed and Jenny Rathbone. Apart from Ms Sayed, all other opposition parties supported the Bill.

It fell by 27 votes to 21.

Speaking after the vote, Darren Millar said: “This is not the way politics should be handled in this country, and it’s not the footing that the First Minister should start on with his new Government. It’s a tribal attitude and it is holding Wales back.

“The Welsh Government does not have a monopoly on good ideas. Both this Bill – and last week’s Autism Bill – are non-contentious proposals which had widespread cross-party and stakeholder support.

“We are supposed to be a democracy where the ideas of all elected representatives, regardless of their party politics, can be treated with respect, but in Wales, under this regime, that clearly isn’t the case.”

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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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News

Don’t forget to vote on Thursday, May 2

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THURSDAY, May 2 is your chance to vote for the Dyfed-Powys Police and Crime Commissioner.

Don’t forget to use your vote and head to your local polling station between 7am and 10pm.

They are elected by the public to hold Chief Constables and the police force to account on their behalf.

A Police and Crime Commissioner’s job is to set the police budget and make sure it is spent effectively, appoint the local police forces Chief Constables, set police and crime plans in collaboration with residents and work closely with the local council and other organisations on these plans. 

This is the first election in Wales where you will need photographic ID to vote. 

Accepted forms of ID include a UK, European Economic Area (EEA) or Commonwealth passport or drivers’ licence; and some concessionary travel passes, such as an older person’s bus pass or an Oyster 60+ card. Voters will be able to use expired ID if they are still recognisable from the photo.

Or you may have applied for a Voter Authority Certificate which is also accepted. 

If you plan on taking your Postal Vote to a polling station or County Hall main reception remember to fill in a vote return form. Without the completed form those postal vote(s) will be rejected. 

You can only hand in your own postal vote, and postal votes for up to five other people.

You can find out more about the Police and Crime Commissioner Elections online (opens in new window). 

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