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Politics

Conservatives accused of contempt for devolution

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THE WESTMINSTER Government is undermining the devolution settlements of each of the UK’s nations according to opposition parties.

Just before the parliamentary recess, the Conservative Government published a White Paper on the future of the UK’s internal market. The same day, July 16, it opened a brief consultation. The Consultation lasted 28 days and ended yesterday, Thursday, August 13.

White papers are policy documents produced by the Government that set out their proposals for future legislation. White Papers are often published as Command Papers and may include a draft version of a Bill that is being planned. This provides a basis for further consultation and discussion with interested or affected groups and allows final changes to be made before a Bill is formally presented to Parliament.

The UK’s devolved administrations have reserved powers for a range of issues, including agricultural and animal welfare standards and building regulations.

The proposals advanced by Westminster would see powers of those two areas of policy removed from the devolved administrations’ control. Building regulations in England are both differently focused and of a lower standard than those in Wales. For example, harmonising building regulations around England’s lowest common denominator could scrap the Welsh Government’s regulation requiring sprinklers to be fitted in new homes.

The UK Government did not consult with any of the UK’s devolved administrations about its proposed legislation before publishing the White Paper and announcing an unusually brief consultation on such an important policy.

POWER GRAB? WHAT POWER GRAB? THAT POWER GRAB
When The Herald put the White Paper’s content to Conservative Shadow External Affairs Minister, Darren Millar, and asked about the change in powers over building regulations and animal welfare standards.

We received a furious response.

“To suggest that this is a power grab is utter nonsense,” fulminated Mr Millar.

We suggested no such thing. We asked only about two regulatory areas covered in a 104-page policy document.

Darren Millar continued: “As a result of the UK’s exit from the European Union scores of new powers are set to be transferred to the Welsh Parliament – so far from being a power grab, this is actually a significant power gain for Wales.

“These powers have never been held before by the Welsh Government and this legislation will give the Welsh Parliament additional levers which can be used to help ensure that economy of Wales recovers from the impact of Covid-19 while ensuring seamless trade across the UK.”
As Mr Millar said that ‘scores of new powers’ are heading the Welsh Parliament’s way, we invited him to identify some of them.

He did not answer in time for our deadline.

The problem for Mr Millar is Government line in the debate on the EU Withdrawal Agreement set out that Westminster will take some powers from Wales, even as it provides additional powers over other areas of policy.

The position was set out by the current Minister of State at the Wales Office, David TC Davies.
In the Withdrawal Agreement debate, David TC Davies said the following: “The reality is that the change will be called a power grab. I did not hear the phrase used today, but it will be described as a power grab. Of course, it is a power grab, and what a wonderful power grab it is, too. We are grabbing powers from Brussels and bringing them back to London.”

He continued: “The Government’s whole purpose is to ensure there is a single market within the United Kingdom. We cannot have a situation where different nation-states within the United Kingdom go off and do their own thing.”

The powers being lost to Westminster over agriculture and building regulations are not examples of devolved administrations ‘going off to do their own thing’ in the future. They are examples of devolved administrations which had exercised their powers and face their policies roll-back.

WESTMINSTER CLAWINGBACK POWER FROM WALESOther Welsh parties are less impressed by the White Paper. Cllr William Powell, the Welsh Liberal Democrat Spokesperson on Agriculture and Rural Affairs, said: “In my view, the manner and content of this consultation demonstrate a lack of respect by the UK Government for the Welsh devolution settlement.

“Under the cloak of enabling Westminster to create a new UK internal market at the end of the Brexit transition period, this most ideological of governments is effectively putting to the sword decades of devolution, validated by the Welsh people in two referenda.”

William Powell continued: “The Bill would allow the UK Government to set out how the devolved administrations would interact with Westminster post-Brexit, compelling Scotland and Wales to accept whatever new standards – in the field of animal welfare, environment and food are built into trade agreements of the future.

“Whereas vital areas of policy, such as agriculture, food safety and the environment are currently overseen by the governments at Holyrood and Cardiff Bay, this UK government clearly wants to have ultimate control over issues previously determined by the EU. In other words, it represents a radical clawback of power, undermining Welsh democracy and giving Boris Johnson and his associates a free hand in post-Brexit negotiations with other countries.

“Welsh Liberal Democrats are committed to respecting the devolution settlement & the principle of Welsh Home Rule. Therefore we roundly condemn the UK Government’s cavalier tactics in this consultation.”

‘THIS IS A POWER GRAB’

For Plaid Cymru, Liz Saville Roberts MP said: “Four weeks and a series of loaded questions over the summer whilst Parliament isn’t sitting is all this Westminster Government has given people in terms of a consultation on a fundamental shift in the constitution of the UK.

“It is as if the Westminster Government cannot even hide its contempt for devolution.
“This is a power grab, plain and simple. From nakedly taking back competencies already held in Wales, to the fact that this legislation was not proposed jointly with the devolved administrations, the Westminster Government is chipping away at two decades of devolution.

“People will not fall for the Westminster double-speak of adding to devolution, these changes will only diminish Wales’s ability to carve its own path.”

NO DISCUSSIONS WITH WESTMINSTER
A Welsh Government spokesperson said: “We support having rules across the UK to regulate the internal market, but these rules must be agreed between the four Governments in the UK, each of which has their own responsibility for economic development. Any new system must have independent oversight and dispute resolution.

“Unfortunately, the UK Government did not manage to share the Paper with us, and Welsh Ministers have had no recent discussions with the UK Government on these issues. Any attempt to unilaterally impose a system will be deeply damaging.”

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News

Housing secretary plays down talk of Wales following Scotland on rent controls

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THE HOUSING secretary poured cold water on suggestions Wales could follow Scotland’s lead by introducing similar rent controls, saying early indications show it has not worked.

Julie James was pressed for her views on rent controls in Scotland while giving evidence to a Senedd inquiry on the private-rented sector.

Altaf Hussain quizzed the housing secretary about affordability, raising concerns about rent rises since the pandemic, with landlords asking for big deposits and months’ rent upfront.

The Conservative warned this is leading some into unmanageable debt as he questioned whether there is a need to regulate a maximum deposit and rent.

Asked about the Welsh Government’s current thinking on rent regulation, Ms James told the local government and housing committee: “It hasn’t really worked in Scotland, I’m afraid.

“We’ve got some evidence, although it’s early days, to be fair, so we’ll want to monitor that for a longer time period. But, so far, the evidence is it’s not having the desired effect.”

Ms James pointed to a Welsh Government green paper calling for evidence on the right to adequate housing and rent control policies, with a second consultation to follow in summer.

She said: “We’re very keen to look at international examples from all over the place in terms of what works to get affordable rents into the sector.”

Ms James said she was very nervous the renters bill and leasehold reforms will not make it through the UK Parliament before a general election is called.

She warned: “We’ve got two years left of the legislative programme and the possibility of bringing a large bill through to replicate this is slim to none.”

Lee Waters, who was Ms James’ deputy until last month, said many tenants have damp or disrepair issues, but are unaware of their rights or too frightened for fear of eviction.

Suggesting the Welsh housing quality standard should be extended to the private sector, the Llanelli MS warned of a fundamental power imbalance between landlords and tenants.

Ms James criticised the UK Government for reneging on a commitment to uplift quality standards for the private rented sector at the last minute.

The housing secretary said protections under Wales’ Renting Homes Act have led to a substantial drop in evictions since coming into force in December 2022.

Mr Waters said tenants who are forced to move because their landlord has decided to sell face an average cost of about £1,700, suggesting two months’ rent should be waived.

Jack Sargeant, also a Labour backbencher, asked about pet-friendly policies, warning some homeless people face the dilemma of having a place to stay or giving up a companion.

Ms James said she was not able to pick which parts of the UK’s renters bill would apply, but she accepted an offer to be involved in “no benefits claimants” and “no children” exclusions.

She pointed to guidance that landlords cannot unreasonably refuse the right to have a pet but Ms James stressed there must be sensible limits

Recalling how she was once called to a high-rise building while working for Swansea council, she said: “We took an engineer with us and the lift kept breaking because people on the seventh floor were keeping a horse in their kitchen.

“This horse was relieving itself in the lift on the way down and it was breaking the mechanism. It was quite something to see this horse in this kitchen, I have to say.”

John Griffiths, who chairs the committee, raised concerns about a mismatch between the number of students and the amount of purpose-built accommodation in university cities.

Ms James said she has tried to persuade council planning departments they have the power to enforce better standards for student accommodation, so it can be more easily repurposed.

She admitted: “I have not been terribly successful at this but I plan to have another go.”

The former lawyer told committee members other levers will be looked at, including any unintended consequences of the council tax exemption for students.

Mr Griffiths also asked about scope for institutional investment in build-to-rent schemes, which often include shared facilities such as gyms.

Ms James said: “It’s not huge in Wales. It’s a lot less huge than it has become in England,” as she argued build-to-rent is not the solution to the housing crisis.

Mr Waters asked about low take-up of Leasing Scheme Wales, which offers incentives for owners to lease homes to councils, amid concerns the application process is “a bit of a faff”.

Ms James said the housing maintenance allowance, which has been frozen for years until the turn of the financial year in April, has been the main barrier.

She vowed to continue pushing the UK Government to say as soon as possible whether it is a one-off or if it will be uplifted next year in line with inflation.

“I think it’s pretty awful that they haven’t said so,” she told the meeting on April 24.

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Education

Vaughan Gething that says too many children are in care

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TOO MANY children are being taken from their families, the First Minister admitted, with more than one child in every 100 in Wales now living in care.

Vaughan Gething also warned far too many children and young people do not have a good experience of the care system as he gave evidence to a Senedd scrutiny committee.

John Griffiths raised concerns about an 83% increase in the number of children in care over the past two decades between 2003 and 2022.

The Labour MS for Newport East warned care rates are significantly higher than in England, with “massive, unexplained” variation within Wales.

Mr Gething said: “The picture is still broadly one where too many children are taken into care,” adding that “some people get decent outcomes” but “far too many don’t.”

The First Minister stressed that solving the problem is not as straightforward as the Welsh Government declaring “you cannot take children into the care system”.

Pressed about how he will reverse the trend, Mr Gething said the aim is not only to reduce numbers but to work with, and for, looked-after children to deliver better outcomes.

Alistair Davey, the Welsh Government’s deputy director of social services, told committee members that 25% of children in care are placed outside their home county.

Jenny Rathbone, the Labour MS for Cardiff Central, criticised the pace of change, raising concerns about “constant slippage” in the Welsh Government meeting milestones.

Warning that Wales is an outlier, with the high number of children in care an endemic problem, Ms Rathbone said councils are facing “huge” costs and potential bankruptcy.

“We haven’t got time on our side and children’s lives are being affected,” she stressed.

Urged to get a grip, Mr Gething acknowledged the need for urgency but cautioned that there is not a switch to flick that will change outcomes for children and young people.

Mr Griffiths also raised concerns about educational outcomes for looked-after children, with only 17% getting five GCSEs at ‘C’ or above compared with 54% for pupils generally.

James Evans, the Tory MS for Brecon and Radnorshire, highlighted that looked-after children face significant additional challenges such as moving just before exams.

Recognising that such disruption has a very real impact, Mr Gething said GCSE results for looked-after children reflect the challenges in their lives rather than their ability.

He was not convinced about the need for a specific strategy, echoing Carwyn Jones’ concerns about the Welsh Government becoming a “strategy factory”.

Ms Rathbone pressed the First Minister about concerns the Welsh Government’s “woolly” child poverty strategy lacks ambition and focuses too much on levers outside its control.

She said the children’s commissioner, Audit Wales, the Bevan Foundation and many others are among a chorus calling for clear targets on reducing child poverty.

Mr Gething stressed that poverty will be a key priority for his government, which will refocus on investing in the first 1,000 days of a child’s life.

He said delivering the objectives of the child poverty strategy would make a radical difference to the lives of children and young people.

Warning that the private sector does not deliver the right quality of care and outcomes, the First Minister set out plans to remove profit from the care of looked-after children.

He explained that Dawn Bowden, the newly-appointed social care minister, will bring forward a bill in the week beginning May 20 before the Senedd’s Whitsun recess.

Mark Isherwood, who represents North Wales, stressed that there is no guarantee a non-profit model will prevent money leaving the sector.

The Conservative warned public sector provision could ultimately cost more and deliver less.

Mr Gething said the reforms are not simply about profit motive, but delivering improved outcomes and making better use of the money.

Warning of a crisis in the social care workforce, James Evans raised concerns about an over-reliance on agency staff with high costs “crippling” councils.

The former councillor said social workers face unmanageable workloads, with as many as 40 cases at a time, as he called for a legal maximum on the number of cases.

Mr Gething rejected the suggestion, saying: “What do you do if you reach a limit and you are not legally allowed to take on any extra work if you have another child who needs support?

“Do you say ‘the inn is full, take your luck in the stable’ or do you say ‘actually, we’ve got to find a way to try to manage with the resources we’ve got’?”

Labour’s Jack Sargeant focused on corporate parenting, warning that more than 25% of children moved care placements twice or more in the year to March.

Mr Sargeant, who represents Alyn and Deeside, backed the “bold and brave” decision to proceed with a basic income pilot for care leavers and asked if it could be extended.

Mr Gething would not give a hard-and-fast commitment, saying an evaluation of the project by Cardiff University will report in 2027 which is beyond the next Senedd election.

However, the First Minister told MSs he would be surprised if Labour was not interested in taking the pilot forward with a manifesto commitment in 2026.

“I certainly hope the evidence allows us to do that,” he told the meeting on April 26.

Asked where care-experienced children sit on his list of priorities, Mr Gething stressed that the government’s commitment to a radical reform summit’s declaration is undimmed.

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News

Tipi wedding venue refused by Pembrokeshire planners

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A CALL to keep a wedding venue tipi where guests are greeted by alpacas has been turned down by Pembrokeshire planners.

Mr R Lloyd and Ms C Davies sought permission for the retention of a seasonal wedding events venue with the siting of a tipi and formation of ancillary parking area on land next to Redberth Gardens, Redberth, near Tenby.

Members of Pembrokeshire County Council’s planning committee, meeting on April 23, were recommended to refuse the retrospective application for the ‘Serenity Garden’ tipi venue, erected in August 2023.

Serenity Garden, on its website, says the tipi offers a “very special wedding venue, set in the heart of the Pembrokeshire countryside,” with “friendly resident alpacas, teddy bear sheep, goats, ducks and Vietnamese pot-bellied pigs” greeting guests.

A planning statement supporting the application says it is anticipated that there would be approximately 15 wedding events during the season.

Concerns about the application have been raised by nearby St Florence Community Council, along with seven objections from the public, on issues including the potential impact on local residents, no site notice, added traffic, no local benefits, security concerns, and claims that bookings and deposits are already being taken for events.

A report for planners said: “Whilst the tipi is described as a temporary structure, it would have a level of permanence in that it would be erected in early April and remain on site until the end of October to minimise the effort of dismantling it after each planned event.”

It concludes: “The proposal represents an unjustified form of development in a countryside location. In addition, the application fails to include sufficient information to demonstrate that the suitable drainage infrastructure can be incorporated into the site, that noise levels would not have a detrimental impact on local amenity and that biodiversity would be protected and enhanced.”

Speaking at the April meeting, Agent Richard Banks said the tipi was not a permanent structure and there were no permanent homes near the site, those nearby being holiday cottages.

Referring to the retrospective nature of the application, he said the applicants were “guilty of being confused by permitted development rights” of 14 days, the intent to have 14 weddings, the application correcting that misinterpretation.

Objector Matt Sutton said the leaseholders of the holiday lets’ quiet enjoyment of their properties would be “significantly affected,” with fears music and corporate events would be held at the site.

He described the application as “riding roughshod over neighbours’ rights”.

Cllr Rhys Jordan, who later stressed the committee was “not anti-business,” moved the scheme be rejected.

Cllr Jordan stressed the need for applicants to work with planners.

“This committee is not anti-business, it’s a shame we’re in a position here where we could be having to refuse an application.

“Engage with us; that’s going to cost greatly to the applicant, this committee certainly isn’t anti-business and anti-growth.”

The application was refused by 13 votes, with one abstention.

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