– in the Senedd at 7:31 pm on 10 November 2020.
The next group of amendments relates to corporate joint committees—other requirements. Amendment 19 is the lead amendment, and I call on the Minister to move the amendment and to talk to the group. Minister.
Diolch, Llywydd. Amendment 19 is technical and inserts a definition of 'documents' for the purposes of Part 5 of the Bill. Amendments 31 and 32 are linked to this amendment and refine existing provision to provide that, when making regulations, the Welsh Ministers may make provision requiring principal councils, corporate joint committees and so on to provide documents as well as information.
Amendment 20 provides further clarity as to the range of scenarios in respect of which the existing powers in section 82 can be used to make supplementary provision. Amendment 21 is consequential on this amendment and removes a subsection that has been rendered unnecessary.
Amendments 22 to 30 provide that existing powers to make regulations under this Part in respect of matters relating to the movement of related staff, property, rights and so on may also be used in the event that a function ceases to be exercised by a CJC and is instead exercised by another person.
Finally, in terms of Government amendments in this group, amendment 76 removes a consequential amendment to the Public Services Ombudsman (Wales) Act 2005, which is not needed as the 2005 Act has, in effect, been repealed by the Public Services Ombudsman (Wales) Act 2019.
Turning to amendments 123 and 124, which relate to the economic well-being function, the economic well-being function will enable those CJCs that have been granted the function, in regulations, to do anything that they consider likely to promote or improve the economic well-being of the area. Principal councils have a wealth of experience in delivering economic functions, including at a regional level, through, for example, the city and growth deals. As part of the shared ambition to rationalise regional arrangements and align key strategic functions at a regional level, I am hoping that regions will transition their current regional arrangements into the CJCs once established. It is not my intention that we start dictating how local government discharges its economic functions through CJCs or any other arrangement. Should it be necessary, CJCs are required, under section 85 of the Bill, to have regard to any guidance that we issue in respect of their operations including their functions. In addition, the Welsh Ministers will also be able to place limitations on the exercise of the economic well-being function through regulations. On this basis, amendments 123 and 124 are not necessary and I do not support them.
Whilst I recognise the intention behind amendments 132 and 134, I ask Members to reject them. The Bill sets out the framework for establishing corporate joint committees. The details of how they will operate, including matters such as those covered by these amendments, will be set out in regulations. As I have indicated in the consultation on the draft establishment regulations, which began in early October, it is my intention to ensure that CJCs are subject, where possible, to the same or similar legislation as is currently applied to local government. For example, through regulations, we would seek to apply the Well-being of Future Generations Act (Wales) 2015 and the public participation duties contained in Part 3 of this Bill. This will provide for the annual reporting and the involvement requirements these amendments are seeking.
I also reject amendments 149 and 150 on the same basis. It is intended to subject CJCs to the performance and governance regime contained in Part 6 of the Bill, along with the provisions of the Public Audit (Wales) Act 2004 and other relevant legislation relating to financial governance. This will provide the assurance sought by these amendments and ensure CJCs have the appropriate governance and financial management arrangements in place, as you would expect of a public body. On this basis, I ask Members to rejects amendments 123, 124, 132, 13, 149 and 150. Diolch, Llywydd.
Well, amendments 123 and 124 seek to insert a duty on Welsh Ministers to make and publish guidance on how a corporate joint committee is to discharge its economic well-being function. These amendments seek to strengthen arrangements for the scrutiny of corporate joint committees to ensure accountability and transparency when they discharge their functions, as well as involving local people and local community-based organisations within the decision-making process. The closer these decisions are to people, the communities and the regions, and the further from centralised control, the better the outcome will be for the people and communities involved.
Amendment 132 requires corporate joint committees to publish an annual report that is to be laid before the Welsh Parliament and the constituent councils that make up the corporate joint committee. The report must outline a number of things, including what the committee has achieved for the area in which it exercises its functions, the committee's medium- and long-term plan of how it proposes to exercise its functions and the committee's arrangements in relation to the management of its financial affairs. These amendments seek to strengthen arrangements for the scrutiny of corporate joint committees, to ensure accountability and transparency and involve local people and community-based organisations.
Amendment 134 seeks to ensure that local people and local community-based organisations are involved within the decision-making processes of corporate joint committees. During Stage 1, stakeholders raised concerns about the lack of provisions for local involvement with corporate joint committees. For example, Community Housing Cymru shared concerns regarding the limited provision for CJC accountability arrangements, which is,
'at odds with the Bill’s commitment’s to enhance access to and participation in local decision making'.
This amendment therefore embeds the principles of involvement and participation within the Bill. Involvement approaches include working with people at earlier stages, helping to identify issues and potential solutions and supporting them to remain involved right throughout design, implementation and evaluation processes.
During Stage 2, the Minister said she would not accept this amendment, as it, she said,
'is the regulations that will detail how a corporate joint committee should operate.'
She said,
'I therefore think it more appropriate for the issues raised by the amendment to be considered as part of the preparation of the corporate joint committee regulations.'
However, as I said during Stage 2 proceedings,
'We do hear a lot now of positive language from members of all parties about issues such as co-production, community empowerment, citizen engagement, but in reality, it's sparse on the ground'.
As such, this amendment seeks to ensure that principles of co-production are fully embedded on the face of the Bill to require corporate joint committees to actually deliver the involvement of local people and local community-based organisations.
Amendments 149 and 150 have been drafted to reflect concerns of the Auditor General for Wales. These amendments seek to ensure that corporate joint committees are subject to the requirements of the Public Audit (Wales) Act 2004, which is important for public confidence in the use of public money. The Welsh Government intends to make such provision through future regulations. However, the auditor general's office has stated that using that mechanism risks complexity and confusion and that providing for this requirement through the Bill would ensure that local government audit provisions are consolidated into one place to aid interpretation and maintain a well-structured statute book. Once again, these are the bodies we should be taking guidance from, not issuing guidance to, on these specific matters. Thank you. Diolch.
The Minister to respond. No response. Okay We'll move straight to the vote.
Amendment 19. Any objections to amendment 19? [Objection.]
Yes, I can see an objection from Gareth Bennett.
I will therefore open the vote on amendment 19. Close the vote. In favour 42, six abstentions, two against, and therefore the amendment is agreed.
Amendment 120, in the name of Mark Isherwood.
It is moved, yes. Does any Member object? [Objection.] Yes. Therefore, open the vote on amendment 120. Close the vote. In favour 18, six abstentions, 26 against, and therefore the amendment is not agreed.
Amendment 121, in the name of Mark Isherwood.
It is moved. Is there objection? [Objection.] Yes, therefore open the vote on amendment 121. Close the vote. In favour 21, three abstentions, 26 against, and therefore the amendment is not agreed.
Amendment 122, in the name of Mark Isherwood.
It is moved. Is there objection? [Objection.] Yes, therefore open the vote on amendment 122. Close the vote. In favour 21, three abstentions, 26 against. Therefore, the amendment is not agreed.
Amendment 123, in the name of Mark Isherwood.
It is moved. [Objection.] There is objection, so open the vote. Amendment 123. Close the vote. In favour 18, three abstentions, 30 against. Therefore, amendment 123 is not agreed.
Amendment 124, in the name of Mark Isherwood.
Is is moved. Is there objection? [Objection.] Yes, therefore open the vote on amendment 124. Close the vote. In favour 18, three abstentions, 30 against. The amendment is not agreed.
Amendment 165 is the next amendment, in the name of Delyth Jewell.
It is moved. [Objection.] There is objection. Therefore, a vote on amendment 165. Open the vote. Close the vote. In favour 10, 11 abstentions, 30 against. The amendment is not agreed.
Amendment 166 in the name of Delyth Jewell is next.
Move.
Any objections? [Objection.] Yes. I'll open the vote on amendment 166. Close the vote. In favour nine, 12 abstentions, 30 against. Therefore, amendment 166 is not agreed.
Amendment 125—
—is formally moved, in the name of Mark Isherwood. Are there any objections? [Objection.] Yes. Open the vote on amendment 125. Close the vote. In favour 18, six abstentions, 27 against. Therefore, the amendment is not agreed.
Amendment 126, in the name of Mark Isherwood—
—is formally moved. [Objection.] There is an objection. Therefore, if amendment 126 is agreed, amendment 167 will fall. We'll move to a vote on amendment 126. Open the vote. Close the vote. In favour 12, three abstentions, 36 against. The amendment is not agreed.
Amendment 167, Delyth Jewell.
Move.
It's formally moved. [Objection.] There is an objection to it. I will therefore open the vote on amendment 167. Close the vote. In favour 17, six abstentions, 28 against. Therefore, amendment 167 is not agreed.
Amendment 127, in the name of Mark Isherwood—
It's formally moved. [Objection.] There is an objection to it. I will therefore open the vote on amendment 127. Close the vote. In favour 18, five abstentions, 28 against. And therefore the amendment is not agreed.
Amendment 128, in the name of Mark Isherwood.
It's formally moved. [Objection.] There is an objection to it. Therefore, open the vote on amendment 128. Close the vote. In favour 18, six abstentions, 27 against. Therefore, amendment 128 is not agreed.
Amendment 129, in the name of Mark Isherwood.
It's formally moved. [Objection.] And there is an objection to it. I will therefore open the vote on amendment 129. Close the vote. In favour 18, six abstentions, 27 against. And therefore amendment 129 is not agreed.
Amendment 130, in the name of Mark Isherwood—
—is formally moved. Any objections? [Objection.] Yes. I will therefore open the vote on amendment 130. Close the vote. In favour 18, six abstentions, 27 against. Therefore, amendment 130 is not agreed.
Amendment 20, in the name of Julie James—
—is formally moved. Any objections to amendment 20? [Objection.] Yes. Gareth Bennett objects. I will therefore open the vote on amendment 20. Close the vote. In favour 44, seven abstentions, none against. Therefore, the amendment is agreed.
Amendment 21 in the name of the Minister.
Are there any objections to amendment 21? [Objection.] There are. Open the vote on amendment 21. Close the vote. In favour 44, seven against, none against. Amendment 21 is therefore agreed.
Amendment 22 in the name of the Minister.
Any objections to amendment 22? [Objection.] There are. Open the vote on amendment 22. Close the vote. In favour 44, seven abstentions, none against. Therefore, amendment 22 is agreed.
Amendment 23 in the name of the Minister.
It's formally moved. Any objections? [Objection.] Yes. Open the vote on amendment 23. Close the vote. In favour 36, 15 abstentions, none against. Therefore, amendment 23 is agreed.
Amendment 24 in the name of the Minister.
Are there any objections to amendment 24? [Objection.] There are. I will therefore open the vote on amendment 24. Close the vote. In favour 44, seven abstentions, none against. Therefore, amendment 24 is agreed.
Amendment 25 in the name of the Minister.
Are there any objections to amendment 25? [Objection.] There are. Open the vote on amendment 25. Close the vote. In favour 36, 15 abstentions, none against. Therefore, the amendment is agreed.
Amendment 26 next in the name of the Minister.
Are there any objections to amendment 26? [Objection.] I see that there are. Open the vote on amendment 26. Close the vote. In favour 44, four abstentions, three against. And therefore the amendment is agreed.
Amendment 27 in the name of the Minister.
Are there any objections? [Objection.] There are. Open the vote on amendment 27. Close the vote. In favour 36, 15 abstentions, none against. Therefore, amendment 27 is agreed.
Amendment 28 in the name of the Minister.
Are there any objections to amendment 28? [Objection.] Yes. I will therefore open the vote on amendment 28. Close the vote. In favour 36, 15 abstentions, none against. And therefore the amendment is agreed.
Amendment 29 in the name of the Minister.
Does any Member object to amendment 29? [Objection.] Yes. Open the vote on amendment 29. Close the vote. In favour 44, seven abstentions, none against. Therefore, the amendment is agreed.
Amendment 30 in the name of the Minister.
Are there any objections to amendment 30? [Objection.] Yes. Open the vote on amendment 30. Close the vote. In favour 36, 15 abstentions, none against. Amendment 30 is therefore agreed.
Amendment 131 in the name of Mark Isherwood.
Are there any objections? [Objection.] There are. I will therefore open the vote on amendment 131. Close the vote. In favour 19, six abstentions, 26 against. Therefore, amendment 131 is not agreed.
Amendment 31 in the name of the Minister.
Does any Member object? [Objection.] Yes. I will therefore open the vote on amendment 31. Close the vote. In favour 44, four abstentions, three against. Therefore, amendment 31 is agreed.
Amendment 32, Minister.
Does any Member object? [Objection.] Yes. Therefore, I'll open the vote on amendment 32. Close the vote. In favour 42, four abstentions, five against. Therefore, amendment 32 is not agreed. No, I apologise—amendment 32 is agreed.
Amendment 132 in the name of Mark Isherwood next.
It's been formally moved. Are there any objections? [Objection.] There are. Amendment 132—open the vote. Close the vote. Votes in favour 19, four abstentions, 28 against. The amendment is not agreed.
Amendment 133, in the name of Mark Isherwood.
It's formally moved. Any objections? [Objection.] There are. Open the vote on amendment 133. Close the vote. In favour 18, six abstentions, 26 against. And therefore amendment 133 is not agreed.
Amendment 135 in the name of Mark Isherwood.
It's formally moved. Are there any objections? [Objection.] There are. Open the vote on amendment 135. Close the vote. In favour 17, six abstentions, 27 against. Therefore, the amendment is not agreed.
Amendment 134 in the name of Mark Isherwood.
It's formally moved. Any objections to amendment 134? [Objection.] Yes. Open the vote on amendment 134.
I'll close the vote.
In favour 17, five abstentions, 28 against. Therefore, amendment 134 is not agreed.
The next amendment, therefore, is amendment 135. Any objections to amendment 135? [Objection.] Open the vote on amendment 135.
My fault—[Interruption.] Yes, I hadn't scrapped one off on my piece of paper, so I'm now confused, but the amendment should have been 149 that I should have called.
It's moved and it's objected to. So, I'll call a vote on amendment 149.
Close the vote. In favour 18, six abstentions, 27 against, and therefore the amendment is not agreed.
Amendment 76 in the name of the Minister is next.
Are there any objections to amendment 76? [Objection.] I see that there are. Open the vote on amendment 76. Close the vote. In favour 43, seven abstentions, one against. Therefore, amendment 76 is agreed.
Amendment 150 in the name of Mark Isherwood—
—is formally moved. Are there any objections? [Objection.] Yes. Open the vote on amendment 150. Close the vote. In favour 19, five abstentions, 27 against. Therefore, amendment 150 is not agreed.