4. 3. Statement: The Legislative Programme

Part of the debate – in the Senedd at 2:54 pm on 27 June 2017.

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Photo of Andrew RT Davies Andrew RT Davies Conservative 2:54, 27 June 2017

Can I thank the First Minister for his statement, and, indeed, the Business Committee and the Llywydd for changing slightly the format of the way this business is going to be transacted this afternoon into statements/debates that hopefully will offer a greater opportunity to scrutinise the proposals the Government have put forward, and hopefully get a full response from the First Minister to the comments that come forward from across the Chamber? So, I thank you, First Minister, for your statement.

I note that there are five Bills that you have outlined today that will form the basis of your legislative programme for the next 12 months. First and foremost, I’d like to welcome the Welsh Government’s proposals to bring forward legislation to combat the plague of letting agents’ fees, a move that has been done under some pressure following the positive action undertaken by Governments in England and Scotland. We support the banning of letting agents’ fees, something towards which Wales is now playing catch up with the rest of Britain, and I am pleased to see the Welsh Government has finally taken action to protect tenants from the additional costs. That said, after being in power for nearly two decades, sadly, this statement does have a feel of groundhog day. Previous programmes have constantly failed to improve the life outcomes for people here in Wales, and warm words and polite lip service sadly offer very little to tackle some of the biggest challenges across Wales.

We, of course, recognise the mandate that the Government has here in the Chamber and, above all, the way it has to bring forward its legislation, but sadly that legislation has left a lot to be desired. The Welsh Conservatives do not believe that the Welsh Government’s legislative programme is ambitious enough for the people of Wales. Apart from the public health Bill, as a hangover from the fourth Assembly, and the additional learning needs Bill, the first Bills do not blaze a trail.

In fact, we’ve had the troubling circumstances involving the additional learning needs Bill, which have exemplified your Government’s slapdash approach to legislation. Ministerial bungling over its cost, the likes of which we’ve seen only too often, has significantly slowed down its passage through the Assembly, to the detriment of children all over Wales. Given the First Minister’s pledge in 2016 that the legislative programme would be published yearly to develop on our practices to ensure they befit the parliamentary responsibilities of this place, what does he make of the fact that the ALN Bill’s financial resolution was postponed—the first time in our legislative history that this has happened—and that the Finance Committee was provided with information of the errors only the day before it took evidence from the Minister?

In 2015, the Constitutional and Legislative Affairs Committee specifically recommended a financial memorandum be provided alongside each Bill. Given that the ALN Bill’s regulatory impact assessment contained serious financial errors—£13.1 million to be exact—what measures is your Cabinet Secretary for Finance and Local Government taking to ensure that every Minister’s RIA is financially sound? We are talking about taxpayers’ money at stake here, and it is paramount that the very strongest measures are implemented to protect such cash.

We have, of course, had the introduction to abolishing the right to buy, and the backhanded thank you to the trade unions. I’m sure it’ll come as no surprise that those of us on these benches were extremely disappointed to see these two featured as key planks in the first year of your new Government. It is a big regret to us and one we feel will pull the ladder up on people the length and breadth of Wales.

The introduction of the public health Bill has been unfortunately devoid of any focus to address issues such as obesity and air pollution, while it is now clear that your free childcare offer is very unlikely to deliver, owing to poor funding across the sector. This was, of course, a major pledge made by your party at the last election, and I would appreciate an assessment from your good self on the delivery and likely timescale of this key initiative, as many families will be sitting there wondering what on earth and when on earth it is likely to come to fruition. I do note that the First Minister, in his statement, talked of using existing childcare services.

I’ve sat on the children and young people committee’s scrutiny sessions of both Ministers here—the education Minister and the communities Minister, and the communities Minister has direct responsibility for delivering this—and there does seem to be a difference of opinion as to exactly how this policy will be delivered. I accept that legislation is required to a point, and this is where legislation and policy collide. There are deep concerns as to exactly how the Government will be able to bring both elements to bear so that a successful delivery of this proposal can be brought forward.

I also note, with both amusement and worry, the prospect of yet another local government Bill. We can only hope that it is at least a better attempt than the last shambolic effort witnessed in the fourth Assembly. I would hope that the First Minister will actually be able to deliver on what he pledges to do this time.

Again, I would like to know what your aims are for that Bill and if we are likely to start afresh, or are there some elements of the previous proposals likely to feature? And what role, if any, will the recommendations of the Williams commission play in underpinning this latest legislation? Similarly, how will your Government ensure the wishes of local communities are to be heard in this Bill and the decisions taken on this journey?

I also note, from the First Minister’s statement today, minimum pricing, and the comments yesterday in the House of Commons from David Davis about the need to work with legislatures both in Wales and Scotland, and seek permission from both legislatures as the legislation passes through the House of Commons. This has to be a welcome commitment from the Brexit Secretary.

On minimum pricing, it is important to consider the cross-border issues around legislation that might end up in, obviously, different pricing jurisdictions—something we’ve seen in previous legislation when it comes to the simple commodity of fly-tipping, for example, and the ability, obviously, to move waste across border. I do, whilst offering limited support from these benches on minimum pricing, want to see greater evidence of an ability for this to progress and have the ultimate outcome of improving public health here in Wales, because, undoubtedly, there is a link between high alcohol consumption and poor health, but what we need to be making sure is that the legislation is fit for purpose, and does address the issues of poor health and alcohol and the relation between the two, and doesn’t merely seek to create a back door for a black market of alcohol here in Wales and across the border.

On the reasonable chastisement legislation that the First Minister talks about, we, as Conservatives in this Chamber, have always taken this as a matter of conscience and it will be a free vote from Members within the Conservative group as to the various stages that this legislation will progress through when the Government introduces, firstly, its consultations, I think the statement outlines today, and then, obviously, legislation in the third session, which I think the First Minister talks of in his statement this afternoon.

Within this programme, we would have wanted to see a far greater and more ambitious range of proposals delivering Bills that cover many of the aspects of the needs of the people of Wales. Welsh Conservatives would like to have seen more innovative Bills bought forward, such as a localism and citizenship Bill, which would have brought transparency and local power to the heart of decision making; an economic security and enterprise Bill, which would have created the conditions in which the Welsh private sector could prosper, leading to new skills, jobs and providing economic security to hard-working families the length and breadth of Wales; a health and social care Bill, which would have properly integrated the health system by requiring health and social care providers to work collaboratively; an older people’s rights Bill, which would have enshrined the rights of older people within Wales in Welsh laws; and an NHS governance and finance Bill, which would have delivered greater accountability for patients. And, most probably, the most significant piece of legislation that will have a direct impact on outcomes for communities has come from these benches, with my colleague Paul Davies and his proposals for an autism Bill through the backbench legislation process. As this progresses through its various stages, we hope that this will continue to enjoy cross-party support, and, in time, attract the backing of your Government.