Group 4: General power of competence (Amendments 107, 3, 108, 109, 110, 68, 74, 69)

Part of the debate – in the Senedd at 5:41 pm on 10 November 2020.

Alert me about debates like this

Photo of Mark Isherwood Mark Isherwood Conservative 5:41, 10 November 2020

Diolch. In a letter to committee, National Parks Wales argued that it is a missed opportunity not to include the national park authorities in the section relating to the general power of competence proposed for town and community councils. Amendment 107 provides national park authorities in Wales with a general power of competence. 

National Parks Wales state that having this power would enable the national park authorities

'to take commercial opportunities when opportunities arise', which would allow national park authorities to realise the full commercial potential that a national park has for the benefit of the authority and of course the national park itself. 

Amendments 108, 109 and 110 have been drafted to reflect the concerns of the Auditor General for Wales. During Stage 1 proceedings, representatives of the Auditor General for Wales highlighted concerns regarding the use of the unqualified accounts criteria as part of the criteria for an eligible town or community council to exercise the general power of competence. The Auditor General for Wales stated that the audit process was not designed to consider

'the fitness of a council to make decisions in terms of the exercise of its powers.'

The Auditor General for Wales has instead argued that those town and community councils that wish to exercise the general power should prepare themselves to ensure that they can exercise the power properly. Thus, amendment 109 seeks to require eligible town and community councils to prepare a strategy for the proper exercise of the power. 

During Stage 2, the Minister stated that

'The spirit of the amendment...will form the basis of the statutory guidance on being eligible for community councils.'

However, the Audit Wales letter to the Equality, Local Government and Communities Committee on 30 September states: 

'The additional constraint on the timescales for the exercise of the Auditor General’s functions necessary to accommodate the Welsh Ministers will affect the manner in which those functions are exercised. The additional restriction on timescales will inevitably reduce the breadth and/or depth of audit examination and studies.'

Remember, we're listening to the experts here—the lead body in Wales. The Minister has said that the section will reduce administrative burdens in relation to audit. However, the opposite is much more likely to be the case. The section will increase administrative burdens. As such, we say, our amendment seeks to ensure that the criteria to become a qualifying authority in regard to the general power of competence is more robust. The purpose of this amendment, therefore, is to reaffirm the auditor general's belief and understanding that the current provisions in the Bill are not sufficient. Diolch.