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.”
Paul Davies MS quits as Leader of the Conservatives in the Senedd
PRESELI Pembrokeshire MS Paul Davies quit as Leader of the Conservatives in the Senedd this morning.
The Conservatives’ Chief Whip also quit his frontbench role.
The dramatic move comes only 24 hours after Mr Davies got the Conservative Senedd Group’s unanimous backing.
However, later yesterday (Friday, Jan 21) – as criticism poured in – the Welsh Conservatives’ Executive met. In that meeting, Constituency Chairs reported widespread disbelief and anger among the Party’s members. Conservative Party Chair, Lord Davies of Gower, received particular criticism for a lack of leadership. Simon Hart, Secretary of State for Wales, also attended the meeting and was left in no doubt of the strength of feeling within the Party.
In a statement issued via the Conservative Senedd media office, Mr Davies said: “I am truly sorry for my actions on the 8th and 9th December. They have damaged the trust and respect that I have built up over 14 years in the Welsh Parliament with my colleagues and the wider Conservative Party but more importantly with the people of Wales.
“Whilst using the Senedd facilities at all times my colleagues and I maintained social distancing. There was no drunk or disorderly behaviour. We did not have to be escorted out of the building as some reports have suggested. What we did was to have some alcohol with a meal we heated up in a microwave, which was a couple of glasses of wine on Tuesday and a beer on Wednesday.
I broke no actual Covid-19 regulations.
“For the last 10 months of the pandemic, I have followed the Covid-19 regulations to the letter. As with everyone across Wales, I have not seen family members or friends, I’ve not eaten at my favourite restaurants and, like you, we enjoyed a subdued Christmas compared to other years. I will continue to follow the Welsh Government’s Covid-19 Regulations and I would urge everyone to play their part in defeating this virus so that we can all return to normality.
“My priority as Leader of the Welsh Conservative Group in the Welsh Parliament has always been to bring the Conservatives into government in Wales. Our main focus as the Welsh Conservatives must always be on challenging and removing a failing Labour government.
“I am grateful for the support of colleagues in the Welsh Conservative Party for their support in this difficult time, and especially to my wife Julie and my Senedd colleagues who have offered empathy, trust and advice. They have treated me with the same courtesy and decency I hope I have always extended to others.
“Over the last couple of days, I have been speaking with colleagues in the Senedd and the wider Conservative Party. Whilst they have confirmed they do not wish to see me step down, I believe that my actions are becoming a distraction from holding this failing Welsh Labour-led Government to account, not just on their rollout of the Covid-19 vaccines but from more than 20 years of their dither, delay and failure. Yesterday I indicated to the Conservative group in the Welsh Parliament that I wished to resign, but they urged me to reflect further, and we agreed to meet again on Monday. However, for the sake of my party, my health and my own conscience, I simply cannot continue in post.
“Therefore, I am stepping down as Leader of the Welsh Conservatives in the Welsh Parliament with immediate effect.”
“It is for the group to decide how best to choose a new leader, but I hope that process will be seamless and speedy, and I pledge my support to whoever becomes leader.”
Darren Millar blamed ‘wildly inaccurate and unfair reports’ and said:
“There was a member of catering staff present in the tea room for a short time after my arrival on the 8th December but she did not serve me a drink, nor did I request one. In fact, I encouraged the member of staff to go home and close up the counter as it had been a long day for her. No members of catering staff were present on the 9th December and the counter was closed for the whole evening.
“While I am advised that I did not breach coronavirus regulations I am very sorry for my actions, especially given the impact of the tough restrictions that people and businesses are enduring.
“For this reason, and given that Paul Davies has resigned as Welsh Conservative Group Leader in the Senedd, I have decided to step down from my front bench role in the Welsh Parliament.
“I am cooperating fully with ongoing investigations and will continue to do so.”
Whoever replaces Paul Davies, the role is likely to an interim appointment ahead of a vote of the Party membership after the Senedd election.
Conservatives’ lockdown lock-in investigated
THE CONSERVATIVE Party is investigating senior Senedd members and staff’s attendance at a lockdown lock-in held on December 8.
The allegations concern a meeting in the Members’ tearoom between Labour backbencher Alun Davies and Conservative group members and their support staff.
Conservative Chief of Staff Paul Smith, Darren Millar MS the Conservatives’ Chief Whip, and Preseli Pembrokeshire MS, the Conservative Group Leader Paul Davies attended the meeting.
The incident took place on December 8, barely a week after hospitality businesses in Wales were forced to close.
Those present claim they met in the members’ tea room to discuss legislation for possible inclusion in the Welsh Conservative manifesto with the former Labour Cabinet Minister.
On December 8, the Senedd finished early because of technical issues with webcasting equipment. The record of the adjourned shows the Plenary Session attended by members ended around 5:45 in the evening.
The Sun newspaper alleges that drinking continued until the early hours of the following (Wednesday) morning.
‘WE DIDN’T BREAK THE RULES’
Those attending deny any breach of the lockdown rules.
A joint statement from Paul Davies, Darren Millar, and Paul Smith said: “We are profoundly sorry for our actions.
“While we did not break the rules, we recognise that what was part of a day’s work would not be seen to be following the spirit of them, especially given the tough time the country has been going through.”
Monmouth Conservative MS Nick Ramsay was named among those present in the tearoom at the time. His name was not, however, attached to the joint statement referred to above.
On Wednesday (January 20), Mr Ramsay denied he attended any ‘gathering’ on the day in question
However, his statement is profoundly unhelpful to the others named.
Through his solicitor, Mr Ramsay confirmed he was at the tea room on his own at the Senedd, without an invitation from anyone else, after work.
“He was hungry, and he wanted to get something to eat. He was working on an article for the Argus (his local newspaper). He sat on his own and was socially distanced,” said his solicitor.
“He attended the tea room at approximately 6 pm. He had chicken curry. He left at about 8 pm. Others came in whilst he was there, but it was not a ‘gathering’ Mr Ramsay was part of.”
Taking Mr Ramsay’s words at face value, he spent two hours in the tea room, and there was ’a gathering’, with people coming in and out.
Two hours is a long time to discuss an uncontroversial potential manifesto pledge with a Government backbencher.
Again, taking Mr Ramsay’s words at face value, an inference exists that the ‘gathering’ continued after he left.
If The Sun’s claims that the ‘manifesto discussions’ extended to 2:00 am are accurate – and an internal probe by the Senedd Commission is bound to find out – those involved are doomed.
MILLAR’S WORDS HAUNT TORIES
Darren Millar’s presence intensifies the Conservatives’ embarrassment at talking the talk but not walking the walk.
In May, Mr Millar led calls for Wales’ Health Minister Vaughan Gething to be sacked for eating a bag of chips in a park with one of his own children.
When it comes to words a speaker might regret in the future, Darren Millar’s video demand for Vaughan Gething’s dismissal is one hell of a hill to choose to die upon.
It doesn’t help when your party leader doubles down on the same issue, by alluding to it in a television interview months later.
“I don’t think anybody should break the rules,” Paul Davies said, seizing the moral high ground in an ITV Wales interview from September.
“The rules were there whether you were travelling to Barnard Castle or you were travelling to buy some chips. No one should have been breaking the rules.”
Suppose the Conservative Party follows the logic of their previously stated positions. In that case, Mr Millar’s and Mr Davies’ futures look bleak indeed.
Number 10’s response was less than a ringing endorsement.
Speaking at a lobby briefing, Boris Johnson’s press secretary, said she had not spoken to the prime minister about whether Paul Davies should stay.
She added: “The prime minister needs everybody – no matter their status, no matter their position in life – to be going above and beyond in following the rules on Covid.”
To his credit, Vaughan Gething rejected the opportunity to knife Mr Millar when asked about the lockdown lock-in.
With a Senedd election only months away, the revelations have thrown the Conservatives into disarray.
Bitter recriminations have whistled around the media, involving briefing and counter-briefing from within the Conservative Party’s own ranks.
Candidates who are justifiably angry and at the sharp end of voters’ reactions have been told to shut up. Meanwhile, the hunt is on for who leaked the story.
This writer can confirm he was told about an unspecified issue involving chief whip Darren Millar before Christmas. Supposing it referred to Mr Millar’s personal life, he shelved it.
Just after the New Year, he was told Central Office was examining an issue concerning the Chief Whip and Chief of Staff.
More details emerged about an alleged party in the Senedd during lockdown which involved Senedd Members and their staff. At this stage, ten days ago at the time of writing, the story’s bones were in place. Shortly afterwards, we discovered national media already had much of the same information.
We probed further and, this Tuesday afternoon decided we had enough to publish. We invited the Conservative group press office to respond.
With the Welsh Government under increasing criticism after Mark Drakeford’s disastrous appearance on Radio Four on Monday, an opportunity to spike the Conservative guns was desperately needed.
One theory runs that Alun Davies, the Labour Member concerned, was turned in by another member of the Labour group – a Regional Member of the Senedd – who dislikes him.
It is not going too far to suppose that throwing Alun Davies under the bus to get at the Conservatives’ big guns was a price Labour thought worth paying.
The Labour press office’s statement and Alun Davies’ carefully-phrased appeared in Cardiff-based media minutes after we broke the story online.
We hadn’t even requested a comment from Labour before publishing our original article.
Having a statement ready, showed remarkable foresight by Labour’s spin machine.
None of the above distracts from the embarrassment the Conservatives have suffered.
That has not prevented a certain amount of gallows humour.
Among the tarter observations made to The Herald by one insider was that after going so aggressively at Vaughan Gething over ‘Chipgate’, things couldn’t have rebounded on a more deserving Welsh Conservative than Darren Millar.
Paul Davies is widely respected as a decent man whose own moderate and constructive instincts were pushed aside in favour of more combative and aggressive messaging.
The Conservatives’ tone in their media statements and appearances has notably calmed down in the last couple of months.
Some insiders claim Paul Davies’ failure to clamp down on his candidates’ anti-devolution rhetoric is a sign of weak leadership. They say failing to be upbeat about devolution could reap the whirlwind at elections to the Senedd.
However, the blame doesn’t all lie with Paul Davies; the nonsensically fractured leadership model the Conservatives have in Wales is also to blame.
Conservative MS David Melding wrote that an alien landing at the Conservatives’ annual conference in Llandudno who asked to be taken to the leader, would have three possible candidates: Simon Hart MP, Lord Davies of Gower (the Party Chair), or Paul Davies MS.
Where there are three centres of power, there are competing interests and egos. That causes friction. And friction produces a lot of heat and not much light.
If Paul Davies stood down, there are not many options to replace him.
David Melding and Angela Burns (the most moderate and most politically able respectively) are standing down.
Darren Millar would be out of the running.
Nick Ramsay’s problems with his Monmouthshire constituency rule him out.
Laura Anne Jones succeeded the late Oscar Ashgar last year, although she has previously been an Assembly Member.
In the last leadership election, Suzy Davies, runner up to Paul Davies, finished eighth in her party’s list primary in South Wales West. She faces a ferocious constituency contest in Bridgend.
That does not leave a vast pool from which to draw a leader: Russell George, Janet Finch-Saunders, Mark Isherwood and the elephant in every room, former leader Andrew RT Davies.
Andrew RT Davies failed to command the backing of the Senedd group and left in a huff. The composition of the Senedd group has not much changed since then. However, Andrew RT Davies’ former Chief of Staff and devoted Senedd abolitionist Chris Thorne is head of campaigns for the Conservatives in Wales. It’s a combination that may play well with the faithful but repel the voters and the Senedd group.
The lack of an obvious alternative could play to Paul Davies’ advantage. Besides, any new leader’s appointment would, necessarily, be interim. If the Senedd election goes badly, they become a footnote. If it goes well, they might still be picked off in a subsequent poll of party members favouring another candidate more appealing to them.
Such an approach went well with Jeremy Corbyn.
And, of course, the Senedd election could be delayed, leaving any interim leader in limbo as party members whinge at not having had a say in electing them.
Whatever – or whoever – happens next, the Conservatives will need good luck and a following wind to cling onto their current relative strength in Wales’ opinion polls.
Price pledges independence referendum
A PLAID CYMRU Government – able to command the support of a majority of Senedd members – will offer a referendum on independence for Wales in its first term, party leader Adam Price said.
The Plaid Cymru Leader made the announcement in a keynote address on Welsh independence from the St David’s Hotel in Cardiff.
Plaid Cymru Leader Adam Price claimed that devolution is “under attack” from the Conservative Westminster Government and that with Scotland likely to become independent by 2025 and Brexit making a united Ireland possible, the “momentum of change” has accelerated the need to hold a referendum on Welsh independence by 2026.
Mr Price, the only prospective pro-independence candidate to become First Minister will be responding to the report published by the arms-length Independence Commission in September. It had suggested holding two independence referenda within a decade – the first one exploratory to gauge people’s views in order to persuade the UK Government to hold a binary referendum.
Noting that support for independence was at its “highest” in history, the Plaid Cymru Leader will also confirm that a Plaid Cymru Government would offer one binary choice referendum on Welsh independence and will encourage all those who want independence for Wales to vote for Plaid Cymru in May.
Plaid Cymru Leader Adam Price said: “Devolution itself – that most basic democratic principle that decisions affecting Wales should be made in Wales – is under attack from Boris Johnson’s Conservatives.
Meanwhile, the demand for another independence referendum in Scotland is becoming unstoppable and by 2025 Scotland could well be an independent country. And Brexit has also given further impetus to the calls for a united Ireland.
“Wales is in real danger of being be left behind as part of a rump United Kingdom, in a new England-and-Wales formation – which would be the ultimate worst of all worlds.
“It is for these reasons that I, therefore, pledge today that subject to party approval a Plaid Cymru Government, able to command a majority in the Senedd, will offer a referendum on independence for Wales in its first term.
“It’s implicit in the present Covid crisis – the sense that something new and better must come out of this. Next May, electors won’t just want to carry on with the Old Wales. They will be looking for a new direction, one that offers hope, vision, and ambition. It is our job in Plaid Cymru to provide that hope, that vision, that ambition for real, radical change.
“Independence is the most radical idea in Welsh politics today. The last two polls on independence put it on its highest support in history. An argument once derided as a pipe dream has moved from the margins to the mainstream.
“But whilst banners and marches fuel our fire, the Welsh spring will only truly bloom at the ballot box in May. If you want independence, you have to vote for it by voting Plaid Cymru.
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