Part of the debate – in the Senedd at 7:31 pm on 10 November 2020.
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amendment to the Public Services Ombudsman (Wales) Act 2005, which is not needed as the 2005 Act has, in effect, been repealed by the Public Services Ombudsman (Wales) Act 2019.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.