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Politics

Supreme Court looms as gender quotas bill progresses

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PLANS to introduce gender quotas in Senedd elections moved a step closer amid concerns the bill is “highly likely” to be challenged in the Supreme Court.

Senedd members agreed the general principles of the gender quotas bill, which would require at least half of a political party’s candidates to be women.

Jane Hutt reiterated her position Wales has the necessary powers to pass the bill but confirmed implementation would be delayed until the 2030 election.

She said the plans were pushed back due to concerns about the potential impact of legal challenges on the conduct and outcome of the 2026 election.

Ms Hutt, who is in charge of the bill, said the landmark legislation would make the Senedd more effective as well as more reflective of the people it serves.

Adam Price, who represents Carmarthen East and Dinefwr, urged the Welsh Government to work with Labour colleagues in Westminster to grant Wales the required powers.

The former Plaid Cymru leader said an order – under section 109 of the 2006 Government of Wales Act – could bring the bill within the Welsh Parliament’s scope.

Mr Price argued a section 109 order would take the reasons the Welsh Government has given for delaying implementation to 2030 off the table completely.

He asked: “Why couldn’t we apply for that order in council today, from a Labour government at Westminster, so that we can have a gender-balanced parliament in 2026?”

Ms Hutt replied that a section 109 order would not put the question of whether the Senedd has powers beyond doubt, nor remove the risk of referral to the Supreme Court.

David Rees, who chaired the Senedd reform committee tasked with scrutinising the bill, raised witnesses’ concerns that gender quotas could be susceptible to abuse.

He reiterated calls for any false statement on nomination forms to be an electoral offence, a committee recommendation that was rejected by the Welsh Government.

The Labour backbencher said the committee heard conflicting views on whether the Senedd has the necessary powers but most evidence from legal advisers suggested it does not.

In a letter to MSs when the bill was introduced in March, Elin Jones explained her position that the bill relates to a reserved matter and is not within the Senedd’s powers.

The Senedd’s speaker or Llywydd said her view was based on legal tests and advice as she stressed that the question can only be definitely answered by the Supreme Court.

Mike Hedges, chair of the Senedd legislation committee, warned the bill could give the Welsh Government a “blank cheque” to legislate on some electoral matters.

Outlining his committee’s recommendations, he raised concern about the balance between the details in the bill itself and those that will be left to subordinate legislation.

Mr Hedges, a Labour backbencher who represents Swansea East, was disappointed by a decision to curtail scrutiny of the bill – only for the “stage-one” debate to be delayed.

Peredur Owen Griffiths, who chairs the finance committee, raised concerns about the unquantified cost of the bill being referred to the Supreme Court.

The Plaid Cymru politician pointed out that this is the first time the Llywydd has issued a statement that a bill would not be within powers.

Darren Millar, for the Conservatives, opposed the bill and the principle of gender quotas, arguing the proposed system is neither proportionate nor appropriate.

He said the reform committee heard the bill is highly likely to be challenged in the courts.

The Tory told the Senedd the bill bears little resemblance to the initial plan for gender-zipped lists which was “hatched” in a Labour-Plaid Cymru agreement.

He said the system would allow political parties to put forward lists of candidates that could be 100% female but only a maximum of up to 50% male.

Mr Millar, who represents Clwyd West, warned the bill pits one aspect of diversity, gender, against others “which are completely ignored” such as disability, age, faith and race.

Heledd Fychan, for Plaid Cymru, told the chamber gender equality is vital for a healthy and functioning democracy, expressing disappointment at the delay.

Picking up on comments from Mr Millar about people being elected on merit, the South Wales Central representative said: “We are not in an equal society; there are so many barriers that stop women from being able to be appointed to a myriad of different roles.”

Ms Fychan said the problem is not unique to Wales, with only six countries having a 50% or higher proportion of women in their parliaments.

“At the current rate … gender parity won’t be achieved globally until 2063 at the earliest,” she said, adding that female politicians face terrifying levels of hate, sexism and harassment.

Ms Fychan called on the Welsh Government to unequivocally demand the relevant powers.

Carolyn Thomas, a Labour backbencher who represents North Wales, said she once believed in meritocracy but she has experienced unconscious bias “time and time again”.

Rhys ab Owen, an ex-barrister who sits as an independent, raised concerns about “weak” wording, such as the use of “may” rather than “must” in section 71 of the bill.

Ms Hutt, who is chief whip and Trefnydd, the Welsh Government’s business manager, said ministers are considering the section 109 route but she stressed it is not straightforward.

Following the July 16 debate, MSs voted 39-14 in favour of the general principles of the bill, which now moves to the first amending phase in the Senedd’s four-stage legislative process.

If passed, the counsel general or attorney general – the Welsh and UK Government’s chief legal advisers, respectively – have four weeks to refer the bill to the Supreme Court.

News

20mph limit in Wales – one year on, the debate intensifies

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AS Wales marks the one-year anniversary of the introduction of the 20mph speed limit on residential roads, the policy continues to stir controversy.

Initially rolled out by the Labour government with the intention of improving road safety, the reduced speed limit has faced both criticism and support from various quarters, with ongoing debate about its effectiveness and economic impact.

Welsh Conservative Shadow Transport Minister Natasha Asghar has been vocal in her criticism of the policy, calling it a “disastrous 20mph rollout.” She emphasised that despite widespread public dissent, including the largest petition in the Senedd’s history and predictions of a £9 billion impact on the Welsh economy, the government has been reluctant to reconsider the policy. Asghar reiterated the Conservative stance: “Scrap the £33m scheme altogether, only have 20mph in high footfall areas and get Wales moving again.”

The policy has not only faced political opposition but also a significant public backlash. A petition against the default 20mph limit garnered nearly half a million signatures, highlighting the extent of dissatisfaction among the Welsh public. Additionally, there has been a reported rise in offences related to the new speed limit, with many motorists finding the varying speed limits confusing.

The 20mph speed limits have been welcomed by some, such as these St Dogmaels residents (Pic: Herald)

Labour’s Eluned Morgan has acknowledged the policy’s challenges, admitting that the blanket implementation of the 20mph speed limits had caused problems. She indicated that the government recognises that some roads may need to revert to 30mph, and a review is currently underway. The First Minister recently acknowledged that through roads with 20mph limits had been causing the most frustration among the public, and it is now up to local councils to address these concerns.

Lee Waters, the former transport minister who introduced the policy, defended it, stating that reduced speeds have led to fewer accidents and saved lives. However, he conceded that the rollout could have been better executed, citing insufficient public awareness and preparation for such a significant change.

Despite the criticisms, recent figures indicate a positive trend in road safety, with injuries on 20mph and 30mph roads falling by a third in the final quarter of last year. Furthermore, insurer esure reported a 20% drop in accidental damage claims from Welsh customers following the implementation of the 20mph limit, resulting in reduced insurance premiums for Welsh drivers. If this trend were applied across the UK, it could result in a significant economic benefit, with potential savings of approximately £50 per policy, amounting to £1.4 billion nationwide.

The First Minister recently acknowledged that through roads with 20mph limits had been causing the most frustration among the public

The introduction of the 20mph speed limit has also affected events such as the Junior Tour of Wales cycling race, which had to be shortened and rerouted due to the new speed regulations. This has prompted criticism from Conservative figures who argue that such policies should not negatively impact sporting events and other activities.

Natasha Asghar further commented on the need for a “common-sense approach” to active travel, highlighting that while promoting walking and cycling is important, the current strategy of pushing people out of cars through measures like the 20mph limit is not practical or effective.

The Welsh government’s decision to make 20mph the default speed limit in built-up areas has sparked a complex debate, balancing road safety against public opinion and economic concerns. With a review in progress and ongoing discussions, the future of the 20mph policy in Wales remains uncertain. Whether the government will make adjustments or hold firm in its commitment to reduced speed limits will likely continue to be a point of contention in Welsh politics.

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Welsh Conservatives demand vote in Senedd to save winter fuel payments

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THE Welsh Conservatives have forced a vote in the Senedd, urging the UK Government to reverse its decision to end universal winter fuel payments. This move comes amidst growing concern that the UK Labour Government’s policy change will have a severe impact on pensioners across Wales. Approximately 400,000 Welsh households, including 540,000 pensioners, are expected to miss out on payments of up to £300 this winter.

Jane Hutt MS, the Welsh Government’s Cabinet Secretary for Social Justice, Culture, Trefnydd, and Chief Whip, outlined the potential consequences of this decision in response to a written question by Welsh Conservative Leader, Andrew RT Davies MS. Hutt emphasised that the withdrawal of the universal winter fuel payments could push some pensioners into fuel poverty, raising alarms about the wellbeing of Wales’ elderly population.

In the Senedd session on 18th July 2024, the Welsh Conservatives tabled a motion calling on the UK Government to reconsider its stance on the universal winter fuel payment. Welsh Labour Members of the Senedd (MSs) are set to vote on this motion, which could determine whether the payment scheme will be reinstated.

Ahead of the debate, Andrew RT Davies MS, Leader of the Welsh Conservatives, urged Labour MSs to prioritise the interests of their constituents over party allegiance. “This debate is a chance for Labour MSs to show that they have the courage to put their constituents’ interests before their party interests,” Davies stated. “The Welsh Conservatives will not stop fighting to keep pensioners warm this winter.”

Joel James MS, the Welsh Conservative Shadow Minister for Social Partnership and Social Justice, echoed these sentiments, condemning the decision to scrap winter fuel payments. “Labour’s shameful decision to scrap winter fuel payments risks creating a fuel poverty crisis among pensioners in Wales,” he said. “In the Senedd this week, I look forward to bringing forward our Welsh Conservative debate calling on the UK Government to reverse their decision to end the universal winter fuel payment.”

The decision to cut winter fuel payments has also drawn criticism from Age Cymru. Chief Executive Victoria Lloyd expressed concern about the impact on vulnerable pensioners. “Age Cymru firmly believe that cutting the winter fuel payment this winter, with virtually no notice and no compensatory measures to protect poor and vulnerable pensioners, is the wrong decision,” Lloyd stated. “People have been sharing with us how they’ll struggle this winter without the winter fuel payment. We have heard from people who have long-term health conditions who need to have a warm home and will need to cut back on food to ensure that their homes are warm.”

The motion submitted by the Welsh Conservatives reads:

To propose that the Senedd:

  1. Expresses deep concern that around 400,000 households in Wales will lose up to £300 per person after the UK Government’s decision to end the universal Winter Fuel Payment.
  2. Notes the Welsh Government’s Cabinet Secretary for Culture and Social Justice, Trefnydd and Chief Whip’s response to WQ93698 where she stated that the UK Government’s decision to end the Winter Fuel Payment will risk pushing some pensioners into fuel poverty.
  3. Calls on the UK Government to reverse their decision to end the universal Winter Fuel Payment.

The outcome of this vote could significantly affect the financial stability and wellbeing of Welsh pensioners this winter.

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Welsh Government ‘should focus beyond affordable homes’ to tackle housing crisis

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A NEW report by leading planning and development consultancy Lichfields calls for a more comprehensive housing strategy in Wales.

Whilst efforts to increase the supply of low-carbon social housing are commendable, Lichfields’ analysis reveals that this narrow approach misses the larger picture.

The Welsh Government’s current focus on affordable housing alone will not solve the deepening housing crisis, which requires a more holistic strategy that addresses both supply and demand factors.

The report, titled “Affordable housing in Wales: Does more of less really mean more?” highlights that the key to improving housing affordability lies in expanding overall housing delivery, not just affordable homes.

It identifies several barriers to achieving the Welsh Government’s target of 20,000 low-carbon social housing homes by 2026. Current efforts, which focus too specifically on delivering subsidised rental homes, do not address the underlying shortage of total housing supply, which remains the primary contributor to the housing crisis. Lichfields’ analysis shows that expanding overall housing delivery would not only increase the supply of affordable homes but also enhance the viability of broader housing goals.

Rhiannon Harrop-Griffiths, a planner at Lichfields and co-author of the report, said: “Our findings show a need for a shift in strategy. By increasing the overall housing stock, the Welsh Government can both increase the stock of affordable housing and improve affordability across all sectors, making housing more accessible to a wider range of people.

“Simply focusing on low carbon social rent in isolation risks perpetuating the shortage of homes across all tenures. A more holistic approach that balances the need for social and affordable housing with private market housing would not only help meet the diverse needs of Welsh communities but also stimulate economic growth through job creation and rebalance communities where young families are excluded from the housing market.”

Key recommendations from the report include adopting a more robust methodology in identifying future need for both affordable and market housing, facilitating higher levels of private sector housing delivery in recognition of its role in providing affordable housing, and revising housing requirements in Local Development Plans to more accurately identify future levels of housing need. The report also calls for greater collaboration between public and private sectors to overcome viability challenges and support sustainable housing growth.

Gareth Williams, a Senior Director at Lichfields, added: “Our research shows that a restrictive definition of affordable housing and a lack of focus on broader housing delivery are hindering progress. By widening the scope to include different housing types and market dynamics, the Welsh Government can better balance supply and demand, ultimately alleviating pressure on the housing market.”

The full report can be downloaded and read here: https://lichfields.uk/content/insights/affordable-housing-in-wales

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