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Consultation opens on Welsh Parliament’s future

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Announced consultation: Elin Jones, Llywydd

PEOPLE across Wales are being encouraged to respond to new proposals to reshape Welsh democracy published by the Assembly​ ​Commission.

The consultation has been drawn up in anticipation of new powers given to the Assembly in the Wales Act 2017.

The Act gives the Assembly the power to make decisions in relation to the institution’s size and how Members are elected.

Last week, the Assembly voted in favour of the Commission’s decision to consult on the recommendations of the Expert Panel’s report on Assembly Electoral Reform, ‘A Parliament that Works for Wales’.

Speaking in the debate, Carmarthen West and South Pembrokeshire AM Angela Burns emphasised the importance of effective scrutiny of government business and the need for more Assembly members to discharge that duty.

She also said that it was important to ensure that the Assembly listened to the people of Wales: “The call to review the tools we have at our disposal, is of great, great importance now. But it’s a difficult one to explain to people, and we’ve got to make very, very clear that the people of Wales understand that, and then, once they’ve made their decision, we must absolutely listen to it and abide by it, because, after all, this is nothing if not their Parliament.”

Anticipating the criticism that more AMs meant ‘more politicians’, Simon Thomas, Plaid’s Mid and West AM, observed: “I would like to describe it as more politicians but less power for the Government, because the Government that has to face a more powerful Parliament is a Government that can be more accountable—that has to be more accountable—to the people of Wales. We are also losing politicians in Wales. We’ll be losing Members of the European Parliament, and we’re talking about losing Members of Parliament at Westminster through parliamentary reform.”

Simon Thomas continued: “It’s important to Plaid Cymru that we strike the right balance between local accountability and the fact that votes across Wales should be reflected as much as possible in this place in the way that people vote.”

That enthusiasm for increased proportionality was more muted in the response of Vikki Howells who, while welcoming the recommendation for greater equality of the genders in the Senedd’s make-up, remarked​: ​“The Labour group has had an initial discussion on other areas of the report, and we will continue these. We will also feed into the consultation that our party has committed to during 2018 before reporting to our conference in 2019.”

The Labour Party is, not unreasonably from its point of view, determined not to have any dilution of its grip on power undermined by a more proportional system of voting.

Gareth Bennett for UKIP suggested that any change to the numbers of Assembly Members should not proceed without the benefit of a referendum, suggesting that: “It would be unwise to proceed, particularly with the expansion of the Assembly, without securing that popular consent by means of a referendum.”

Mr Bennett also rejected any idea of gender quotas and votes for 16 and 17 year-olds.

Elin Jones AM, Llywydd of the National Assembly for Wales said: “I welcome the unanimous support of the Assembly this afternoon, which enables the Commission to consult on a series of possible reforms to the electoral system, capacity and organisation of the Assembly. I would like to thank my fellow Members for the positive nature of our discussion on a series of complex and challenging issues.

“The powers that will be transferred from Westminster to the Assembly by the Wales Act 2017 will enable us to make our own arrangements for elections and the legislature for the first time. Now, we will start a conversation with the people of Wales about their hopes and ambitions for their Parliament.

“I heard a strong message from Members about the importance of explaining the plans thoroughly and clearly to the people of Wales, and about the importance of creating a Parliament which reflects the communities we represent, including the voices of young people and women. Our consultation reflects these priorities.”

Following a detailed analysis of evidence, the Panel recommended that the Assembly needs between 20 and 30 additional Member selected through a more proportional electoral system with diversity at its heart. It also recommended lowering the minimum voting age for National Assembly elections to include sixteen and seventeen year olds.

The consultation on the recommendations will run from 12 February for an eight week period ending on 6 April.

In addition to the recommendations made by the Expert Panel on Assembly Electoral Reform the consultation also includes other potential changes to who can vote in Assembly elections and who can be an Assembly Member, as well as changes to the law relating to electoral administration and the Assembly’s internal arrangements.

The Commission has already consulted on changing the Assembly’s name, and as a result of that consultation the name will be changed to Welsh Parliament.

The Llywydd, Elin Jones AM said: “The Wales Act 2017 marks the start of a new phase of devolution in Wales, giving us the opportunity to make profound changes to our legislature. We now have the opportunity to forge the national parliament that the people of Wales deserve to champion their interests.

“This consultation is the beginning of a conversation with the people and communities of Wales about the institution that they want their Welsh Parliament to be. I look forward to hearing their views.”

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Politics

Lib Dems slam ‘botched’ scheme

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THE WELSH Liberal Democrats have slammed the Conservative Government for their “hapless treatment” of EU citizens after the Home Office released guidance on the new EU Settlement Scheme.

The Home Office has confirmed that for the duration of the trial period, until 30 March, EU citizens applying to stay in the UK must either use an Android phone or travel to one of 13 ‘document scanning’ centres instead.

For Holyhead, the closest ‘document scanning’ centre is Trafford.

According to an analysis by the Welsh Liberal Democrats, EU citizens travelling from Holyhead would face costs of £55 on the train for at least a six and a half hour round trip. The drive would be a 224-mile round trip costing around £56 in fuel.

The only document scanning centre in Wales is in Caerphilly. Travelling from Pembroke to Caerphilly and returning the same day by rail would cost £32.10 (the cheapest available fare at the time of enquiry), the cheapest off-peak fare from Aberystwyth would be £77.10 return. By car at an average of 40mpg, the cost of travel would be at least £27 to and from Pembroke, while from Aberystwyth the cost would be at least £25. Both car journeys represent round trips of over 180 miles.

Welsh Liberal Democrat Leader Jane Dodds said: “Too many people in Wales are deeply anxious about their right to stay. Many of them fill vital roles in the health service, our schools and the tourism sector. They want to register as soon as possible, but Theresa May’s hapless treatment of EU citizens could result in a new Windrush scandal.

“For anyone who doesn’t have an android phone, this botched scheme means they will have to travel. For people in Holyhead, that means facing a 224-mile round trip and paying over £50 for the privilege. This postcode lottery is simply unacceptable.”

Liberal Democrat Home Affairs Spokesperson Ed Davey MP said: “Following significant pressure, the Prime Minister said there will be no financial barrier for any EU nationals who wish to stay. How long did that commitment last?

“It is Conservative Ministers who have made a mess of Brexit. They should either pay the cost for EU citizens or change the application system and ensure EU citizens are made to feel welcome in the UK.

“Ultimately, the best way to avoid all of this mess is by giving the people the option to remain in the EU with a final say on Brexit.”

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Retailers’ no deal reality check

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THE HEADS of the UK’s major food retailers, including McDonald’s, M & S and Asda, have written to MPs and dramatically spelt out their view of the risks of leaving the EU without an agreement.

The warning comes shortly after the revelation that Britain has begun stockpiling food, fuel, spare parts and ammunition at military bases in Gibraltar, Cyprus and the Falklands in case of a no-deal Brexit.

With all contingency plans routinely labelled ‘Project Fear’ by those Brexiters stuck on transmit instead of receive, the retailers have taken a significant risk in sticking their collective head above the parapet by trying to address a substantial issue which is rather glossed by those proclaiming the benefits and underplaying the downside of a crash out Brexit.

The letter is backed by the British Retail Consortium, which represents over 70% of Britain’s retailers by turnover.

The Government said that it was taking special measures to minimise the impact of a no-deal Brexit on supermarkets’ suppliers and insisted that food was not going to run out as a result.

“The government has well-established ways of working with the food industry to prevent disruption and we are using these to support preparations for leaving the European Union.”

The Food and Drink Federation, which represents thousands of food processors and manufacturers, has said a no-deal Brexit would be a “catastrophe”, with uncertainty undermining investment and constraining businesses’ ability to plan and export.

DEAL OR NO DEAL: THE LETTER

On behalf of our businesses and the wider food industry, we want to highlight to you the challenges for retailers and the consequences for millions of UK consumers of leaving the European Union without a deal at the end of March. While we have been working closely with our suppliers on contingency plans it is not possible to mitigate all the risks to our supply chains and we fear significant disruption in the short term as a result if there is no Brexit deal. We wanted to share with you some practical examples of the challenges we are facing.

Our supply chains are closely linked to Europe – nearly one-third of the food we eat in the UK comes from the EU. In March the situation is more acute as UK produce is out of season: 90% of our lettuces, 80% of our tomatoes and 70% of our soft fruit are sourced from the EU at that time of year. As this produce is fresh and perishable, it needs to be moved quickly from farms to our stores.
This complex, ‘just in time’ supply chain will be significantly disrupted in the event of no deal. Even if the UK government does not undertake checks on products at the border, there will still be major disruption at Calais as the French government has said it will enforce sanitary and customs checks on exports from the EU, which will lead to long delays; Government data suggest freight trade between Calais and Dover may reduce by 87% against current levels as a result. For consumers, this will reduce the availability and shelf life of many products in our stores.

We are also extremely concerned about the impact of tariffs. Only around 10% of our food imports, a fraction of the products we sell, is currently subject to tariffs so if the UK were to revert to WTO Most Favoured Nation status, as currently envisaged in the no-deal scenario, it would greatly increase import costs, which could in turn put upward pressure on food prices. The UK could set import tariffs at zero but that would have a devastating impact on our own farmers, a key part of our supply chains.

Our ability to mitigate these risks is limited. As prudent businesses we are stockpiling where possible, but all frozen and chilled storage is already being used and there is very little general warehousing space available in the UK. Even if there were more space it is impossible to stockpile fresh produce, such as salad leaves and fresh fruit. Retailers typically store no more than two weeks’ inventory and it becomes difficult to restock stores if the supply chain is disrupted. We are also attempting to find alternative supply routes but there are limited options and not enough ferries, so this could only replace a fraction of the current capacity.

We are extremely concerned that our customers will be among the first to experience the realities of a no deal Brexit. We anticipate significant risks to maintaining the choice, quality and durability of food that our customers have come to expect in our stores, and there will be inevitable pressure on food prices from higher transport costs, currency devaluation and tariffs.

We are therefore asking you to work with your colleagues in Parliament urgently to find a solution that avoids the shock of a no deal Brexit on 29 March and removes these risks for UK consumers.

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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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