Connect with us
Advertisement
Advertisement

Politics

‘Lack of clarity’ in Wales Bill

Published

on

screen-shot-2016-11-22-at-09-41-16A 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.”

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published.

News

The Welsh Government launches Basic Income pilot scheme

Published

on

FROM 1 July 2022, more than 500 people leaving care in Wales will be offered £1600 each month (before tax) for two years to support them as they make the transition to adult life.

Launched by First Minister Mark Drakeford, it is hoped the pilot will set care leavers on a path to live healthy, happy and fulfilling lives.

The radical approach has trust, autonomy and respect at its centre. It will provide independence and security to people who have faced immense challenges during their childhood, giving them greater control and empowering them to make decisions about their future.

The £20 million pilot, which will run for three years, will be evaluated to carefully examine its effect on the lives of those involved

Social Justice Minister Jane Hutt said the scheme is a direct investment in the lives and futures of some of Wales’ most vulnerable young people.

Those taking part in the pilot will also receive individual advice and support to help them manage their finances and develop their financial and budgeting skills.

Local authorities will play a key role in supporting them throughout the pilot. Voices from Care Cymru will also work with the young people to give them advice on wellbeing, education, employment and help them plan their future after the pilot.

To launch the scheme, First Minister Mark Drakeford, Social Justice Minister Jane Hutt and Deputy Minister for Social Services Julie Morgan met with people taking part in the pilot, and young people who themselves have been in care, to talk about the impact this support will have on peoples’ lives.

They discussed how they hope the financial stability will give people the opportunity to make positive life choices as they leave care and provide a more solid foundation from which to build their adult lives.

First Minister Mark Drakeford said: “We want all our young people to have the best possible chance in life and fulfil their full potential. The state is the guardian of people leaving care and so has a real obligation to support them as they start their adult life.

“Our focus will be on opening up their world to all its possibilities and create an independence from services as their lives develop.

“Many of those involved in this pilot don’t have the support lots of people – myself included – have been lucky enough to enjoy as we started out on our path to adulthood.

“Our radical initiative will not only improve the lives of those taking part in the pilot, but will reap rewards for the rest of Welsh society. If we succeed in what we are attempting today this will be just the first step in what could be a journey that benefits generations to come.”

Minister for Social Justice Jane Hutt said: “We’re in the midst of a cost-of-living crisis like no other and we therefore need new ways of supporting people who are most in need.

“Our Basic Income pilot is an incredibly exciting project giving financial stability to a generation of young people. Too many people leaving care face huge barriers to achieving their hopes and ambitions; such as problems with getting a safe and stable home, to securing a job and building a fulfilling career. This scheme will help people live a life free of such barriers and limitations.

“We will carefully evaluate the lessons learnt from the pilot. Listening to everyone who takes part will be crucial in determining the success of this globally ambitious project. We will examine whether Basic Income is an efficient way to support society’s most vulnerable and not only benefit the individual, but wider society too.”

Tiff Evans of Voices from Care Cymru, speaking on behalf of young people who have experienced care, said: “This is a brilliant opportunity for care leavers in Wales. It is good to see that care leavers in Wales are being thought of and Welsh Government are providing this opportunity for them as young people to become responsible, control some parts of their lives and have a chance to thrive and be financially independent.

“We thank Welsh Government for investing in them and their future and we look forward to other changes and developments for care experienced young people in Wales in order for them to reach life aspirations.”

Continue Reading

News

Boris Johnson, his wife and chancellor Rishi Sunak to be fined for breaking lockdown rules

Published

on

THE PRIME MINISTER Boris Johnson and his wife Carrie, and chancellor Rishi Sunak, have been notified that they will be issued with fines for breaking lockdown rules.

The fixed penalty notices are the result of a Metropolitan Police investigation into parties in Downing Street and Whitehall in 2020 and 2021.

Mr Johnson will become the first sitting prime minister to receive a punishment for breaking the law.

Labour immediately called for both the PM and chancellor to resign while Liberal Democrat leader Sir Ed Davey called for parliament to be recalled for a vote of confidence in Mr Johnson.

Scotland’s first minister Nicola Sturgeon also demanded that they should quit.

Those calls have been echoed this week by Welsh Liberal Democrat Leader Jane Dodds has called on the Welsh Conservative Leader Andrew RT Davies and Welsh Secretary Simon Hart to “show a backbone” and call for Boris Johnson and Rishi Sunak to resign following the news that both men are to be fined over lockdown parties.

Commenting Jane Dodds MS told The Herald: “Boris Johnson & Rishi Sunak have broken the law & repeatedly lied, they must resign from their positions at once.

“While people in Wales were playing by the rules at great personal expense, those in charge thought they were above the law.

“This also will come as a painful blow to all those covid bereaved families in Wales.  The behavior of Johnson and Sunak

“The Welsh public deserves much better. For the sake of the country, both Boris Johnson and Rishi Sunak must resign immediately.

“If the Conservative Party is to have any legitimacy in Wales Andrew RT Davies and Simon Hart need to show some backbone and be calling for resignations immediately. No Welsh Conservative MP should be backing the Chancellor or Prime Minister staying in post.”

Continue Reading

News

Removing Plan B rules ‘a headline to distract from Boris failings’ says Drakeford

Published

on

FIRST MINISTER Mark Drakeford has said the decision to end “Plan B” restrictions in England next week is not part of a “careful, long-term plan” but it’s a “headline to distract people’s attention from the Prime Minister’s failings.”

Wales will complete the move to alert level zero on 28 January First Minister Mark Drakeford has confirmed unless the public health situation changes for the worse.

He said the phased plan to gradually relax the alert level two measures and move back to alert level zero will continue.

The Welsh Conservatives have called for the immediate removal of the vaccine passport scheme, restrictions on businesses such as the rule of six in pubs,  ditch all social distancing and the removal of mandatory face masks in schools.

Critics have questioned the Welsh Government policy to ease restrictions at a slower pace than England.

Boris Johnson announced earlier this week that England’s Plan B measures are to end from next Thursday, with mandatory face coverings in public places and Covid passports both dropped.

But that announcement came as the Prime Minister faced mounting pressure to resign amid allegations of parties held at Number 10 during lockdown.

Mark Drakeford said the move in England to ditch those restrictions was not part of a carefully thought-out plan, speaking to BBC Radio Wales he said:

“I don’t think anybody watching objectively at what has happened in England could imagine that their decisions have been made by careful attention to public health advice and with some sort of long-term plan in place.”

“Their announcements this week are entirely due to the astonishing mess that they find themselves in and an effort to find some other headline to distract people’s attention from the Prime Minister’s failings.”

Mr Drakeford said: “Here in Wales we’re in a very different position, we’ve got a government that is capable of making decisions in line with the advice, to do things in the way we’ve done throughout the pandemic, step by step following the science, making sure that we are keeping people in Wales safe.”

Speaking to Sky News this morning, Mark Drakeford said it was “very hard to see how the Prime Minister survives.”

“Even if he were to survive, he will just limp on because he’s never going to escape the damage that this week has done to his reputation.”

“From my point of view, the thing that worries me the most is the fact that the UK Government is frozen by the impact of what has happened to them.” He said.

WHAT’S HAPPENING IN WALES?

Welsh Government have said the latest public health data “suggests Wales has passed the peak of the omicron wave and coronavirus cases are falling back to levels similar to those seen earlier in the autumn” adding “There have also been reductions in the number of Covid-19 patients in hospital”.

From Friday 21st January, Wales will move to alert level zero for all outdoor activities.

This means:

  • Crowds will be able to return to outdoor sporting events.
  • There will be no limits on the number of people who can take part in outdoor activities and events.
  • Outdoor hospitality will be able to operate without the additional measures required introduced in December, such as the rule of six and 2m social distancing
  • The Covid Pass will continue to be required for entry to larger outdoor events attended by more than 4,000 people, if unseated, or 10,000 people when seated.
  • The Covid Pass is required in all cinemas, theatres and concert halls which are currently open.

First Minister Mark Drakeford said: “The latest figures show we have passed the omicron peak and we can continue to lift the alert level two protections as part of our careful and phased plan.

“We will lift the limits on the number of people who can gather for outdoor events. We remain cautiously confident the public health situation is heading in the right direction and next week we will be able to complete the move to alert level zero unless the situation changes for the worse.

“We are in this position thanks to the efforts of everyone in Wales and our fantastic vaccination programme. It is important that everyone continues to follow the rules and the guidance to help keep themselves and their loved ones safe, including taking up the offer of a booster vaccine if they haven’t already done so.”

On Friday 28th January, Wales will complete the move to alert level zero.

This means:

  • Nightclubs will re-open.
  • Businesses, employers, and other organisations must continue to undertake a specific coronavirus risk assessment and take reasonable measures to minimise the spread of coronavirus.
  • The general requirement of 2m social distancing in all premises open to the public and workplaces will be removed.
  • The rule of six will no longer apply to gatherings in regulated premises, such as hospitality, cinemas, and theatres.
  • Licensed premises will no longer need to only provide table service and collect contact details.
  • Working from home will remain part of advice from the Welsh Government but it will no longer be a legal requirement.
  • The Covid Pass will continue to be required to enter larger indoor events, nightclubs, cinemas, theatres, and concert halls.

The self-isolation rules for everyone who tests positive for Covid and the face-covering rules, which apply in most public indoor places will remain in force after 28th January. The next three-weekly review of the coronavirus regulations will be carried out by 10th February, when the Welsh Government will review all the measures at alert level zero.

Continue Reading

Trending

FOLLOW US ON FACEBOOK