The next item, therefore, is the business statement and announcement. I call on the leader of the house to make the that statement—Julie James.

Diolch, Llywydd. There are two changes to this week's business. Added to today's agenda are statements on the update to European transition and a progress report on the employability plan. And as usual, draft business for the next three weeks is set out on the business statement and announcement, which can be found amongst the meeting papers available to Members electronically.

Leader of the house, the Welsh Government's lack of transparency over the ongoing delays to the second phase of Superfast Cymru is causing concern. I would be grateful if you could bring forward a statement on this. Over the summer recess, as you know, I've written to you on a number of occasions in an effort to understand the reasons behind the delays to implementing phase 2 of the scheme, which has been underpinned by £80 million of public money, and was supposed to be awarded to the successful bidder by the end of July this year. All you have said so far is, and I quote here, is that

'Work on the procurement exercise for the successor project has been complex, with a number of unforeseen issues arising during the process, and that due to commercial confidentiality I'm unable to update you on the complexities and issues which have occurred.'

The excuse of confidentiality is not good enough. There's a significant amount of  public money that has been devoted to the scheme, there are thousands of premises that remain stranded, and the question has to be asked as to why the Welsh Government didn't ensure that there was a seamless transition from phase 1 to phase 2 in the very first place. So, there is so very little detail on when the contract is going to be awarded, let alone on when it's going to be implemented. I think this is very, very poor, leader of the house, and can I ask you to bring forward an urgent statement so that we can have some answers to this question?

Yes, I will be bringing forward a statement as soon as I'm in a position to do so on where we are with the second phase, and the situation does remain as in the written answer that you got over the summer.

Leader of the house, you will be aware that there are sensitivities in Swansea with regard to the proposed residential development linked to Mumbles pier, an issue that the city has debated for a decade or more. The sensitivities, obviously, are understandable. Residents clearly want to ensure that the pier is protected, but they also want to ensure that the headland’s character is not lost. The Mumbles headland is clearly an iconic landscape, which is known internationally and is used by Visit Wales and others in attracting visitors to the area. It also, of course, abuts the area of outstanding natural beauty, and so the area is of strategic national importance.

With all that in mind, will the Cabinet Secretary for planning be able to bring forward a statement on this issue, and confirm whether she is considering calling in the planning application? Further, with a focus on preservation of environmental and natural heritage, the statement could also be an opportunity to outline any work that she is undertaking in conjunction with the Minister for tourism to ensure that planning developments do not impact negatively on heritage and tourism destinations in Wales. Diolch yn fawr.

Individual planning decisions are obviously not suitable for an open oral statement on the floor of the Senedd, so I suggest the Member writes to the planning Minister, and she'll be able to tell him what's happening about that specific application.

Leader of the house, can I ask for two statements from the Welsh Government? The first one relates to education and it's linked to the decision by Neath Port Talbot council to close Cymer Afan Comprehensive School. We had a recent statement from the Cabinet Secretary relating to closures of rural schools and the consultation and the outcome of that. Clearly, I would like to have a definition of what is deemed a rural school, because there are Valleys areas that may deem themselves in that category. I also understand that that will take effect as of November, but the decision has been taken in the summer, so how does that impact upon that? I think there's an opportunity to ask questions in relation to that particular aspect to see how this impacts, because the closure proposal is not until next September, so it actually will take place after November, so there needs to have a very careful look at that.

The second one is the question of Orkambi; that drug is for those who suffer with cystic fibrosis. I understand that that drug is effective for about 50 per cent of those with that condition. I wrote to the Cabinet Secretary for Health and Well-being during the summer with written questions, and I've had replies that indicate that he hasn't had discussions with Vertex itself, but he has asked the All Wales Medicines Strategy Group to actually go and communicate with them. We need to look at what the implications are. That drug can help people with cystic fibrosis, and what's important is it helps young people and therefore can change their futures. So, can I have a statement from the Cabinet Secretary on the position with Orkambi in the Welsh NHS to ensure that, wherever we can, we help these young people overcome a condition that is really debilitating for them and can shorten their lives?

On the first one of those, obviously the closure of a school in a Member's area is a significant issue, always, but it's not something that the Government makes an oral statement on. I would suggest that you take this up with the Cabinet Secretary for Education—the specifics around that closure—to see if there is a matter for the Welsh Government. Ordinarily, as the Member knows, it is a matter for the local council. We don't normally comment on such matters, especially such a long way in advance. 

On Orkambi, I know the Cabinet Secretary has already made a written statement. He's heard your remarks today. I'm sure if there is something to update Members on he'll be happy to do so.

Leader of the house, may I ask for a statement on the ongoing delays to the rolling out of the second phase of Superfast Cymru high-speed broadband? The second phase is designed to extend availability of superfast broadband to those premises not covered under either the original Superfast Cymru scheme or the commercial roll-out of telecommunication companies in the next three years. However, the project has met with what the leader of the house called 'unforeseeable issues'. While I have already written to the leader highlighting a case, Openreach's decision not to roll out superfast broadband is hampering a company's wish to expand in Cardiff. Can I ask the leader of the house to come and make a statement in this Chamber on this very important issue, please?

Yes, well, as I responded to Russell George, the situation is still that we're in the process of sorting out the procurement, and as soon as we're in a position to report back with a statement I will certainly be doing so.

I raised the issue of a shock rise in drug and drug-related crime before recess and would like to point out another statistic that became available in August, while we were away, and that is a 29 per cent rise in the number of deaths linked to fentanyl in England and in Wales, and that's something I think we should all be concerned about. Particularly worrying is a rise in the use of—I don't know if I can say it correctly, but it's carfentanil, which is actually used as an elephant tranquillizer. So, some types of drug use are falling while others are rising.

I've asked for an update from Welsh Government on their drug policy and once again pressed for an idea of controlled substance use rules, as argued by our police and crime commissioner Arfon Jones. I don't think it's something that we can sit on now. I've shadowed the police—I know that other Assembly Members have done so recently—and they are telling me about the rise in drug crime. There is something called 'cuckooing', where they're taking over elderly people's homes in Port Talbot—coming from Birmingham and other places in the UK, taking over their homes, and using that house as a place to deal drugs. This is something we have to be talking about now, much more mainstream, and I hope that we can get some progress from the Cabinet Secretary for Health and Social Services.

The second request I wanted today was also to do with the health Secretary—I promise I'm not focusing too much on one person. But I saw minutes from ABMU's community health board that there is a £32 million deficit in relation to that particular health board, and that they're currently in negotiations with Welsh Government about future plans. I would like to have a statement from Welsh Government telling us how they are intervening in these issues, because if our health boards are continuing to be financially mismanaged in this way—which I would say that such a deficit is systematic of—then we should be knowing that as Assembly Members, and knowing how you are dealing with that as Welsh Government.

I don't think it is systematic. The health Minister is actually answering questions in the Chamber tomorrow, so you'll have the opportunity to put questions to him tomorrow. If you're not able to get to the bottom of those things tomorrow, then I suggest you write—I haven't heard of the drug that you mentioned; what did you say it was—an elephant tranquilizer? It sounds horrendous. So, if you want to send me some more details of that, I'm happy to take it up with him, if he's not able to answer it in questions tomorrow. I'd not heard of that before.

Leader of the house, I've been contacted by a constituent whose child was born with a genetic condition called achondroplasia, which is a form of dwarfism. And my constituent is extremely concerned about the dwarf wrestling shows that are being brought to the UK next month by a group touring from the US. It refers to people with dwarfism as 'midgets', which is a very offensive way to speak about people in that sort of way, and really they do seem a bit akin to a Victorian freak show. I'm extremely concerned about this, and my constituent is very upset, because she has a child who has dwarfism, and unfortunately one of these shows is planned for Cardiff, and another one in Swansea. So, I wondered whether there was anything that the Welsh Government could do in terms of giving a view about these sorts of shows being carried on.

Well, thank you for bringing that to our attention. I think that that sounds absolutely appalling. No wonder your constituent is very concerned. Obviously, we're completely committed to ensuring that anyone, with any kind of diverse condition, is treated as a full and equal member of our society, and that does not sound like the sort of thing we'd like to have encouraged at all. I wonder whether we could have a chat outside, to see exactly what details you have, and so I can take it up with various Ministers who might be able to—we can work out a way of finding out how that's licensed or anything, because I don't know anything of the particulars. But I'd just like to take this opportunity to reiterate that we take very seriously our duty to consider the impact of anything of the sort on equality, for anyone, with any diverse condition, background, or anything else. I'd be quite horrified to find that that sort of thing was happening—it's not the sort of thing we'd like to encourage at all. So, I wonder whether we could have a chat about the details, and then we'll see whether there is some Government response that might be appropriate.

Two things from me, leader of the house. Firstly, when can we expect an update on the Welsh Government's decision on the M4 corridor around Newport, and will that be brought to this Chamber? We've had the public inquiry, which ended earlier this year. And we've also, I believe, had the due diligence over the summer period—that was the original plan anyway. So, if you could update us on a time for that. Because, whatever the decision of the Welsh Government is on that, it's going to be critically important to the people in Newport and south-east Wales, and indeed the wider Welsh economy, that either the Government's preferred black route is adopted, or, if that is not the case, that the Government starts as quickly as possible to make contingency plans for an alternative, which I know is backed by many people in this Chamber.

Secondly, tomorrow it's my pleasure to welcome Chief Chinamhora from Zimbabwe to the Assembly, tomorrow lunch time, for a reception. It's his first visit—well, firstly to the Abergavenny Food Festival, and secondly to Wales. He's very much looking forward to his visit. I'm not sure whether a Welsh Government representative will be there, but, if not, then perhaps the Welsh Government could send their best wishes to Chief Chinamhora, who is very excited about meeting everyone here. It's very important that this is seen as a way to enhance relations between Wales and Zimbabwe, and the wider African continent as well. I know that John Griffiths has also played an important part, along with myself and Love Zimbabwe, to make this visit possible.

Well, that sounds tremendous. Alun Davies is just indicating to me that he's attending, so there will be a Government presence there. I'm delighted to hear that he's also been to the Abergavenny Food Festival. Anything we can do to showcase the enormously good food and drink around Wales to colleagues across Africa and the world is very welcome indeed, so I'm very pleased to welcome him here.

In terms of the M4, we expect to receive the public inquiry report shortly, and then the decision would have to be made on whether to grant planning permission and the statutory orders. This, and the inspector's report, will be the subject of a committee debate and vote in this Chamber, as was agreed, to inform the final decision on whether to proceed. I'm not in a position to give exact details of the timescale for that, but we are committed to doing that on the floor of the Senedd.

Two issues, leader of the house. One is that I'm very concerned at the two reports recently issued by the United Nations Children's Fund about the extent of the damage to children from air pollution. One report says that children in around 2,000 schools across the UK are being exposed to illegal and unsafe levels of nitrogen dioxide pollution. I'm sad to say that several of them are in my constituency. They highlight the exposure that children suffer on what's misnamed 'the school run'. The second report highlights the damage to the unborn child through the impact on the placenta, and the dangers of premature birth, of low birth weight and of respiratory diseases in children.

So, I wondered whether it's possible, given that we all have an absolute duty to do what we can to protect children, whether we could have a debate in Government time on this complex issue. It isn't just about laying on more public transport; it is about changing people's behaviour. That is complicated, and not something that we alone can do, but it seems to me that this is an increasing problem and something that we are going to need to do a lot more about.

The second issue is that I wondered whether we could have an open debate on the future of community-based adult learning in Wales. I appreciate that the consultation is now closed, and we look forward to hearing the results of that consultation, but it seems to me that, having met the leaders of Adult Learning Wales this morning, this is a very complicated matter around the most appropriate way of ensuring that all adults across Wales have access to high-quality learning to deal with the challenge of the future of work. I don't think that there are cast-iron answers to this, and it would, therefore, be useful to have a debate before the Government has to make up its mind on exactly what action it's going to take.

Thank you for that. In terms of air quality, obviously we recently consulted on the clean air zone framework for Wales, and we're currently considering the responses. That builds on a range of actions to improve air quality, including a new £20 million air quality fund and action to reduce nitrogen dioxide levels.

We will be publishing our own clean air plan, which incorporates more than road traffic pollution—some of the issues that Jenny Rathbone just raised—for consultation early in 2019. That is to reduce nitrogen dioxide levels and set out the actions we're taking to comply with air quality limits in the shortest time possible. In April, we relaunched our air quality website to include improved air quality forecasting capability, with a new section for schools and health advice. So, I think we've got a lot of action currently ongoing with that. As I said, we will be publishing the plan for consultation early next year.

In terms of community-based adult learning, the Minister is actually making a statement on the employability plan, which includes issues on community-based learning, just this afternoon, so it's very good that you've raised it now.

Leader of the house, you will have seen over the past couple of years the statements from Baroness Hale, the president of the Supreme Court, and you will have seen the statements from senior judiciary and many lawyers, about the way in which the Tories have actually destroyed the legal aid system, consequently disempowering whole communities, and some of the poorest and most vulnerable people in our society, from having the sort of advice and support that should naturally be available to them in any civilised society. The Welsh Government has over the years provided, through Citizens Advice, through funding of third sector groups that provide advice, areas to counter that deprived—some form of counter to those destructive cuts. But I wonder if we could have a statement from the Government on the issue of access to justice in Wales and also the issue of how we can actually start pulling together and reconstructing a new Welsh legal aid system—a system that will actually provide empowerment and advice and support to people within Wales, because the Tories won't do it and we know that we clearly have to do something about the empowerment of some of our poorest communities. 

I completely agree with Mick Antoniw that the destruction of the legal aid system has been detrimental across the board, actually to our democracy, because without access to the rule of law you really don't have a democracy. We now have a situation where a large number of people cannot access legal rights because they simply cannot afford it. That has a very detrimental effect on social policy and justice across the board, not just in the lower end. For example, the lack of access to proper legal aid in terms of domestic abuse, housing and fleeing domestic violence is a really serious issue. The Member highlights that we've already done quite a bit in terms of assisting advice agencies to step into the breach there a little, but nothing like enough. I would certainly be happy to discuss with my colleague the Minister for public services what we can do to pull together a comprehensive look at that and bring something back to this house when we've done so.     

Leader of the Chamber, the latest scientist to say that, in the interests of health and safety, the dredging and dumping of mud from the seabed outside of Hinkley Point nuclear power station should stop is Emeritus Professor Keith Barnham, distinguished research fellow of the physics department, Imperial College London. He is a high energy particle physicist—they used to call them nuclear physicists. He says, and he said yesterday on the record in a press conference, that the hot particles of uranium and plutonium—which could be in the mud because of the incidents in the 1960s, which Magnox have confirmed—that they would not be detected by gamma spectroscopy, which was the only way that the mud was tested. So, in layman's terms, there was only gamma testing; there should have been alpha testing and mass spectrometry as well. So, a very simple question and I'd like an answer or statement off the Government: is this eminent professor, another scientist—? Could you give us a statement on if he is correct, is he scientifically correct? That's all we want to know. 

Well, Llywydd, I'm not in a position to say whether a scientist is or isn't scientifically correct. I am in a position to say that the head of NRW has already made a statement on the Welsh Government's position on the mud, which she says is not radioactive above normal background levels. 

You've never answered this question. Never. 

Mike Hedges.

Two questions for the leader of the house, one I think that the leader of the house must be getting used to by now: can I request a further update on Welsh Government action on the Virgin Media closure in Swansea? Unfortunately, I say now 'on the closure'; before we broke up for the summer it was 'the proposed closure'. Can I ask for a statement on that?

Can I also request a statement on banks and UCAS acceptance letters in Welsh? Last year, I had clarification that Lloyds Bank would accept it after initial refusal. This year, I've had Santander clarify they accept it after initial refusal. Either I can, on an annual basis, get clarification from the major banks one at a time or the Welsh Government can hold a discussion with them and make a statement to a Plenary session.

Yes, well on that one I don't see any reason why we shouldn't be able to do that. I'll certainly look into that. I don't understand why we have to go through a process of them refusing and then us getting in touch and then being told 'yes'. I think several Members in the Chamber have had a similar conversation, so I'm happy to see what I can facilitate in terms of the service across Wales on that one.

In terms of Virgin Media, yes, absolutely. It's now clear that the site will close. The taskforce, as I understand it, is in position but I will discuss with my colleague Ken Skates bringing an update, now that the closure's been confirmed, to the house, as a large number of Members have constituents that are affected by it.   

Including yourself. 

Including myself, yes.

I've got two questions for the leader of the house. It would be helpful to have a statement from the Cabinet Secretary for Energy, Planning and Rural Affairs on the Hinkley Point mud dumping off Cardiff Bay, which commenced last week. My constituents have raised concerns about the lack of an environmental impact assessment and inadequate sampling of deeper layers of mud.

My second question is whether I could request an update from the environment Minister with regard to the Barry biomass plant. Would she be able to release all correspondence with the developers and announce her decision as to whether the proposed development falls under Schedule 1 of the regulations? And is the Minister for Environment aware of the application to the Vale of Glamorgan planning committee by the developers for a lawful development certificate in respect of berth 31, Wimborne Road, Barry, which represents a significant development in plans for the biomass plant in Barry docks and the facility for storage of woodchip feed prior to approval of this facility?

Thank you for those two questions. At the moment, it would be inappropriate for the Cabinet Secretary for Energy, Planning and Rural Affairs to make a statement as there is an ongoing legal process that is seeking an injunction to suspend the marine licence. So, as I said earlier, Natural Resources Wales have already confirmed their position, but there is an ongoing legal process, so the Cabinet Secretary will not be able to make a statement while that process is ongoing.

In terms of the second question, the Minister for Environment will be making a decision shortly about the need for an environmental impact assessment to accompany the planning application currently before the Vale of Glamorgan Council. With respect to the release of correspondence, we did release it up to July after your last request. I'm sure we can look again to see whether there's any more.

An application for a certificate of lawfulness to the Vale of Glamorgan Council is a matter for the authority. We're unable to comment to avoid prejudice to our formal role should the case come before us later by way of an appeal. But the short answer to your question is that the decision will be made shortly as to whether there should be an environmental impact assessment.

I thank the leader of the house.