3. Statement by the Counsel General and Minister for the Constitution: The Legislative Programme

– in the Senedd at 2:38 pm on 6 July 2021.

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Photo of Elin Jones Elin Jones Plaid Cymru 2:38, 6 July 2021

(Translated)

The next item is a statement by the Counsel General and Minister for the Constitution on the legislative programme. And I call on the Minister to make his statement. Mick Antoniw.

Photo of Mick Antoniw Mick Antoniw Labour 2:39, 6 July 2021

Diolch, Llywydd. Today, I am pleased to make a statement on our legislative programme, an essential part of our ambitious and radical programme for government, to help create a stronger, greener and fairer Wales. Llywydd, often it is our proposals for primary legislation that capture headlines, but this statement sets out a more complex web of legislative matters that will come before the Senedd this year.

The context for this programme is challenging. The enormous impact of Brexit continues. This has already involved Welsh Ministers making over 70 statutory instruments and consent for over 200 UK Government statutory instruments in devolved areas. While we are nearing the end of the first phase of work, incorporating former European Union law into domestic legislation so that it functions following our withdrawal, much more remains to be done to reform and integrate this law with our policies for the post-EU landscape.

Photo of Mick Antoniw Mick Antoniw Labour 2:40, 6 July 2021

The public health emergency remains and the regulations, which have such an unprecedented impact on our lives, will for now at least continue to make commensurate demands on the Government’s policy and legal capacity and the Senedd’s time. Despite the wholly new ways in which the Senedd had to meet and pass legislation, the end of the last term saw us pass major Acts to make momentous changes in education and local government in particular. This term, we must now take forward the implementing secondary legislation, without which the Acts cannot have their intended effect.

Llywydd, we must be conscious that the UK Government has launched an unprecedented set of attacks on the powers and responsibilities of this legislature. The attention we must give collectively to the legislative programme at Westminster is no longer confined to identifying ways improvements in Welsh law could be secured through UK Bills. Rather, we have to interrogate each Bill brought forward for ways it might be used to undermine the integrity of the devolution settlement, or is contrary to Welsh Government policy. This creates another drain on the capacity of the Government and new demands on the scrutiny functions of this legislature.

And then there is the primary legislative programme itself. Llywydd, I will turn to provide further details on this complex and interlocking set of legislative requirements in a moment. But, first, I want to be clear that what I set out today is only the start of the legislative journey of this Senedd. Because of the uncertainties and complexities mentioned, I will focus today on the legislation to come before you in the next year—in Senedd year 1. Provided the public health position improves as we hope, then in next year’s legislative statement we should be in a position to say more about what is planned for later in this Senedd term.

Llywydd, the Government made the difficult decision last year not to introduce two planned Bills, and instead consulted on them in draft, and I thank all those stakeholders who took the time to provide comments, which we have carefully considered, and which I have no doubt will strengthen and improve the Bills we will now introduce.

We have drawn on the experience of working in social partnership during the pandemic as we refined the social partnership and public procurement Bill, which I am delighted to confirm will be brought forward in the first year of this Senedd term. It will create a statutory social partnership council and it will place requirements on Welsh Ministers, and on other bodies, to take action in pursuit of fair work principles, and ensure more socially responsible public procurement.

Following close working with stakeholders, we will also this year introduce the tertiary education and research Bill, which will establish a new commission for tertiary education and research. This is essential to realise our vision for post-compulsory education and training in Wales. It will have extensive funding, planning and regulatory powers, to improve quality, efficiency and efficacy across the PCET and research sector. It will have the interests of learners at its heart, and will work collaboratively with stakeholders and education providers to improve individual and national outcomes. Our long-term programme of education reform will make sure nobody in Wales is left behind after the pandemic, and this legislation will further demonstrate our commitment to lifelong learning.

There will be a Bill to enable changes to the Welsh tax Acts. At present, our powers to amend devolved taxes are not sufficient to respond quickly to unexpected events, such as court judgments, loopholes or changes in equivalent English taxes, which could have a significant impact on the liabilities of individuals and on our revenues. The Bill will provide us with an agile, flexible way of responding, and the Senedd with the opportunity to scrutinise and approve changes.

Following our White Paper last year, we will introduce an agriculture Bill to create a new system of farm support that will maximise the protective power of nature through farming. This will reward farmers who take action to respond to the climate and nature emergencies, supporting them to produce food in a sustainable way. We will replace the time-limited powers in the UK Agriculture Act 2020, which we took to provide continuity and much-needed stability for our farmers as we left the EU. The Bill represents the first stage of our programme of agricultural reform, and we will continue to work closely with stakeholders and farmers on our long-term proposals.

Photo of Mick Antoniw Mick Antoniw Labour 2:45, 6 July 2021

Llywydd, with this new Government comes new duties and, under the Legislation (Wales) Act of 2019, we must prepare a programme to improve the accessibility of Welsh law. I will lay the full programme in the autumn, but I'm pleased to announce that we will introduce our first consolidation Bill this year, bringing together legislation relating to the historic environment. This legislation, much of which is very old, has become increasingly convoluted and can present owners of listed buildings or scheduled monuments with a bewildering challenge that sometimes confounds even legal professionals. The Bill will create distinct, fully bilingual legislation for Wales that is as accessible as possible, and we look forward to working with the Senedd to take this Bill through the new scrutiny process introduced under Standing Order 26C.

Llywydd, in the coming year, we will also fulfil a number of aims from our programme for government through subordinate legislation. This will include making 20 mph the default speed limit in residential areas and banning pavement parking wherever possible.

As I said, we'll bring forward a substantial package of implementing legislation for major Acts passed in the last Senedd, so we will make legislation to support schools and teachers to deliver our radical changes to the curriculum for Wales and a more equitable person-centred system for supporting learners up to the age of 25 with additional learning needs.

We will implement the renting homes Act, a wholesale change to the law governing residential tenancies in Wales. This will improve the right and security of people living in the rented housing sector, prevent retaliatory eviction, ensure dwellings are fit for human habitation, and require that tenants are given written contracts. And we will also bring into effect the provisions of the local government and elections Act ahead of next year's local elections, including getting corporate joint committees up and running, and this will ensure that local members can make decisions together about important local government services for the benefit of citizens and communities in their regions. The Government is committed to reforming local government elections, to reduce the democratic deficit, and we want to see more people registered and more people voting. To deliver this, we will publish a set of principles for electoral reform and begin an ambitious programme of innovations for the 2022 and the 2026 elections. We look forward to working in partnership with local government to deliver a suite of changes both legislative and non-legislative that will demonstrate the value we place on democracy and local government in Wales.

So, this is our programme for the coming year, but our programme for government sets out longer term ambitions requiring legislation. These include abolishing the use of more commonly littered single-use plastics, bringing forward our clean air Act, and addressing building safety to ensure another Grenfell never happens. We will respond to and address the findings and recommendations of the Law Commission's recent review of the outdated framework for managing coal tips. However, as we work with our stakeholders in a spirit of social partnership and co-production to get our legislation right, I do not want to set specific timetables at this point, and, as we have seen in the last year, we never know what might come along and require us to reshape our plans.

Llywydd, our legislative programme does not exist in a vacuum. More than 20 proposals for UK Bills in the Queen's Speech in May are likely to contain provisions relating to devolved areas, which will require this Government and Senedd's consideration. Some, like the Skills and Post-16 Education Bill, and the procurement Bill, clearly overlap with proposals I've announced today. We now have to negotiate our way through new restrictions and uncertainties on our powers arising from the internal market Act and deal with a Government that pays little regard to the role of this Senedd and the Sewel convention—something we saw recently as it took a Bill to Royal Assent without waiting for this legislature’s consent because that didn't suit its timetable. But, Llywydd, this will not distract us from delivering our distinctly Welsh programme, founded on our distinctive Welsh values, which I commend to Members today.

Photo of Andrew RT Davies Andrew RT Davies Conservative 2:50, 6 July 2021

Thank you, Counsel General, for your statement this afternoon, in the absence of the First Minister. As someone who can remember, when I first came into this Chamber back in 2007, when people talked about legislation, we talked about legislative consent motions and consent Orders, and there was no surety as to what exactly could proceed—to now, a fully fledged legislature, where the Government does have the ability to bring legislation forward—this is an important statement, because it's conferring rights on citizens. That's why we pass legislation—it confers rights in legal terms on citizens to expect that in the delivery of services, or the environment, or any other aspect of life here in Wales. So, this statement should be read carefully and concisely, to understand exactly what the Government's aims are over the next year, anyway, that the Counsel General's outlined, but also for the remaining four years after that of this five-year Assembly term.

I would ask that, in the hope that the Counsel General can give us greater clarity at the start of our proceedings this afternoon—. The Presiding Officer touched on the backbench ballot that will happen in September about legislative proposals, and the Government aren't known in this institution for giving much oxygen to backbench legislation, very often killing that legislation at the first hurdle. So, I'd hope that maybe the Counsel General might be more generous today and give an indication that the Government would be supportive of legislative proposals to at least get to Stage 1 in their course here in the Assembly, because I do think it's important that Members do have an opportunity, as well as Government, to bring forward that legislation on important matters that the people of Wales have elected them here to understand and take forward on their behalf.

It is a regret that the legislative statement doesn't include any provisions for an autism Bill, mental health legislation, older people's rights, and there's nothing on planning, nothing on animal welfare, nothing even on the British Sign Language Bill that many of us were campaigning for throughout the Senedd election term that just happened. And again, we've seen a delay in the clean air Bill—'again', I use that word. It was part of the First Minister's election strategy, bid—call it what you will—to become First Minister and leader of Welsh Labour back in 2018, I think it was, and here we are in 2021, and many politicians made a commitment in the first year to bring forward such a piece of legislation, because we do recognise that nearly 2,000 people are dying prematurely here in Wales because of lack of legislation in this important area, and the statement doesn't give us any confidence when we might be able to see that Bill. That is a real concern, that is, because there is cross-party support to allow that legislation to see the light of day. So, I am bemused at why, in the euphoria of the election victory, the Government don't feel energised and empowered enough to come forward with a piece of legislation that this Assembly, this Parliament, should I say, could get stuck into. I would hope that the Counsel General will respond to that, because where is the clean air Bill that was promised in the leadership bid of the current First Minister, but also in manifestos that were put before the people of Wales, including the Welsh Labour manifesto, I might add?

You talk again about stolen powers from this institution, the Welsh Parliament. What are those powers that have been stolen, Counsel General? When I asked the First Minister last week he offered a pretty weak array of free ports, the Sewel convention and fishers. That was the best he could come up with. There has, in fact, been an enhancement of powers in the legislative field because of our leaving of the European Union—70-plus extra powers have come back to this Welsh Parliament and, by association, to the Welsh Government. So, come on—come through with something a bit stronger, or stop this myth that powers have been stolen from the Welsh Government. 

You talk about innovations ahead of the 2022 local government elections. That's only some nine months away, Counsel General. I'd be very pleased to try and understand what these innovations might entail, because I'm unaware of what innovations the Government has in mind, and I think we're deserving of a fuller explanation than just the word 'innovations' in the statement.

When it comes to the agricultural Bill that has been highlighted in the statement this afternoon, will you confirm that food security is at the heart of that Bill, because that is an important caveat in any support and legislative change that is needed in the agricultural sector. I hope that you will be in a position to confirm such momentum in the Government's thinking on its legislative proposals around the agricultural Bill. 

Finally, can the Counsel General confirm—and this isn't a dig at the Government, because I think it's a genuine concern, because the First Minister did touch on this in the closing months of the last Parliament—that there are capacity issues because of, obviously, the regulations that have to be laid because of the COVID crisis, around the legislative capacity of the Government? And I'd be pleased to understand what measures the Government have put in place to allow a legislative programme to come forward. We can disagree on that programme, but it is important that we can understand and have confidence that the Government does have the capacity to bring forward legislative proposals that it committed to in its manifesto, rather than, at the end of the five-year term, looking back and suddenly realising that two, three, four, five or six of those proposals haven't seen the light of day because of the capacity issues within Welsh Government, and I say that, hopefully, in a helpful way, not in a detracting way. Thank you, Counsel General.

Photo of Mick Antoniw Mick Antoniw Labour 2:55, 6 July 2021

Well, I thank the leader of the opposition for those comments. If I could deal with them as you've gone through them, I think, in a constructive way.

In respect of the issue of backbench ballots, these are clearly an important part of the operation of this Parliament, and clearly the selection and taking forward of such legislation is really a matter for the Senedd rather than the Government itself.

In terms of planning, you'll be aware of the Law Commission work that has gone on with a view to the possibility of bringing forward a planning consolidation Bill, and that is obviously something that is under consideration, and when I table my report on the accessibility of Welsh law and the issues around codification, I hope to be able to refer specifically to that.

In terms of a clean air Bill, it is an absolute commitment of this Government to introduce a clean air Bill. There is an issue of prioritisation in respect of the work that takes place in this first year. I made comments in my introduction of the legislative programme, really to the particular demands in respect of the broader framework of legislation that's occurring as a result of UK Bills, as a result of Brexit, as a result of COVID. But I'm very adamant that one of the things that we have to ensure is that, when we pass legislation, we have a clear timetable and implementation strategy in respect of that legislation, because until you have implementation, the primary legislation does not have the full effect and meaning that we want it to have. So, for example, in areas around renting homes, we know that there are over 20 major pieces of subsidiary legislation that will need to be worked on and need to be brought forward, and the same is true in many other areas. So, one of the reasons for adopting this particular approach in respect of identifying our first year, but then also preparing work and further statements in due course on years 2 and 3 and the future programme of legislation, is to ensure that what we have done is prioritise what we really do need to do now, what we really need to do in terms of implementation and some of the major pieces of legislation we need to start now, but that doesn't mean, of course, that work isn't going on in other areas, because the tabling of a piece of legislation is really the end product of an enormous amount of work that takes place. So, I think it's important that we actually have regard for that.

In terms of innovation in local government and around elections, well, of course, you're right that there is a very short period of time in respect of the local government elections, and there is of course the Gould convention, which requires that any changes to legislation are implemented six months prior to the election itself. So, this constrains some of the things that can be done. But there are, of course, things within the existing powers that can be implemented. They can relate to the actual design and operation of the ballot forms themselves. We know that there were some 7,000 ballots that were incorrectly filled in, and, of course, existing legislation does not allow those ballots to actually be returned. So, there are issues on how we ensure there are fewer errors made within the voting system. I think there are steps that can be taken to actually improve and enhance registration for elections, and I think there may even be an opportunity in respect of powers to implement pilots—pilots that themselves, nevertheless, would involve a considerable amount of legislative work, but might involve things like, for example, a pilot on voting in schools and having ballot boxes there. That's something that has been discussed. Some of these are items that were discussed prior to the Senedd elections, but there wasn't time for implementation. So, all those areas.

In respect of food security, I think the Minister and the Government have made clear many times how important that is, and, of course, there'll be further details on the agriculture Bill—the content and the passage of that.

And then, perhaps, on the final point that you raised with regard to capacity, well, I dealt with that, to some extent, in my introduction and in response to your comments. I'm very aware of those particular demands. There might be demands in respect of legislation in respect of Senedd reform. There will be demands, no doubt, in respect of legislation that would come from this floor, from this Senedd, in terms of individual Member Bills. So, that is something that I'm very alert to, but very alert to not only the implementation demands but the very considerable demands and the change of tack and prioritisation we have to take now in actually looking very, very closely at UK Government Bills and the concerns we have about those areas where they begin to encroach in respect of our devolved responsibilities.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:01, 6 July 2021

(Translated)

Thank you for your statement, Counsel General. There are a number of things contained within it that we in Plaid Cymru could agree with.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru

A majority of us in this place are concerned about the so-called muscular unionism of the Conservative Party in Westminster, or shall we call it as it is—English nationalist tendency of the Boris Johnson Westminster Government? Plaid Cymru will stand firm with the Welsh Government against the attempt by those over there to overturn the democracy we have here in Wales—the trojan horse of the UK internal market Act. I'm glad to see further attempts to make Welsh law accessible—a problem legal professionals face, let alone laypeople. I'm also glad, finally, to see the implementation of the renting homes Act, a piece of legislation that was passed back in 2016. Why on earth did it take so long to implement that important piece of legislation? You mentioned that this will bring an end to retaliatory evictions—good news—but it's disappointing that, last week, you brought to an end the legal protection against no-fault evictions. The Counsel General rightly points out the pressures facing the Government, with Brexit and the COVID pandemic. However, there's one piece missing from your legislative jigsaw, and that is legislation dealing with the climate emergency. 

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:03, 6 July 2021

(Translated)

Llywydd, many of us here in the Senedd and outwith the Senedd are extremely disappointed that the clean air Bill is not contained within your statement today.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru

My colleague Delyth Jewell and I tabled a statement of opinion on Clean Air Day on 17 June, calling on the Welsh Government to bring a clean air Act into force this year. That had cross-party support. Why don't you get on with it? The Tories are more progressive than Welsh Government on this point. We need action. You mentioned prioritisation; well, we need action on the climate emergency now. That should be a priority and Welsh Government should be ashamed that the Conservatives are more forward than you on this matter.

The Act would encourage the use of low-emission vehicles with fast charging points to replace more polluting vehicles; create clean air zones in towns and cities; allow pollution-monitoring equipment outside of schools and hospitals; enable local authorities to introduce pollution and congestion charges. What's more important than that, Counsel General? Our future generations cannot be starved of clean air, so we really need urgency now from the Welsh Government; we need action.

There is nothing, either, in the statement on environmental governance legislation, despite it being part of the Plaid Cymru motion last week—a motion you supported. Warm words simply aren't enough to tackle global warming. We need to think globally but act locally here by legislating here in the Senedd. Token efforts aren't good enough.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:04, 6 July 2021

(Translated)

We need a clean air Act to legally protect the people and citizens of our nation. The campaigners wanted the Bill introduced in the first 100 days of this Senedd. Well, we'll be lucky to have it in the first 100 weeks, the way you're dragging your feet.

(Translated)

The Deputy Presiding Officer (David Rees) took the Chair.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:05, 6 July 2021

Another issue I know constituents in Cardiff and elsewhere feel very strongly about is building safety. We have people a stone's throw away from here in the Senedd who aren't sleeping at night. People are crippled with anxiety—people in fear for their own safety and the safety of their loved ones. Why isn't there anything in this legislative statement about building safety? Why are we allowing people's lives to stay on hold? 

There is no legislation in this to reform our transport system, essential as we build back better after COVID and important in our fight against the climate emergency.

Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:06, 6 July 2021

(Translated)

There's a great deal of talk about subordinate legislation in your statement, but language rights haven't been created since 2018. So, will you pledge that there will be enhanced language rights introduced? There's no mention of a Welsh education Act, which is crucial if we are to reach a million Welsh speakers.

The truth, Counsel General, is that your plan is light on detail and is weak. It's no surprise; in the Scottish Parliament, in the previous Parliament, they passed 63 pieces of legislation, and we only passed 17. You have a mandate now—you have the mandate to act radically to intervene in the housing market, to provide social care and to take steps to tackle child poverty, which is a national embarrassment, and should embarrass you as a Government too. There is a clear mandate for you now to introduce radical changes. Don't miss that opportunity. We will scrutinise you every step of the way in order for you to create the radical new Wales that we need. Thank you.

Photo of Mick Antoniw Mick Antoniw Labour 3:07, 6 July 2021

I thank the Member for that very detailed contribution, and many of the comments I actually welcome. In the 10 or 11 years now that I've been a Senedd Member, I don't think I've attended a single legislative programme debate where the debate doesn't start off with how dissatisfied the opposition are with the volume of legislation, with the quality of legislation, and why it is taking so long. I often understand those particular points. I have to say, as Counsel General, one of my concerns is the quality of legislation, rather than quantity; also, looking at things that can be done without legislation. As the Member, I'm sure, will know, 'legislate in haste, repent at leisure'. We've seen much legislation, certainly at UK Government level, that has fallen within that category.

Can I just say, on the muscular unionism issue that he raises, that it's a phrase that is used to represent what I think is a real concern about a Government that is not listening or is in denial about the fact that there is a major constitutional problem; that is in denial, really, about the internal market Act? I should, perhaps, say that the Government isn't in denial about it, because I think the UK Government knew exactly what it was doing when it introduced that particular legislation. As I have reported already in a written statement, and, I think, in answers to questions, we've been granted leave to appeal to challenge aspects of that, and we await a date in respect of that. I will report to Members on that in due course.

I welcome very much the Member's comments on accessibility, because the accessibility of Welsh law—which I see in terms of the availability to be able to find it, to have it properly codified, to have it clear and available—is really important in terms of the growth and generation of the Welsh judicial system and the establishment of a Welsh judicial structure. It is also important, though, in terms of the areas, as he will know from the Thomas commission report, that we should have devolved to us and those areas that we should have responsibility for, which, actually, relate to the citizens of Wales and their ability to access the law. There is no point having the best laws in the world if people either don't know where they are or what they say, or, as importantly, they cannot access those particular laws.

He raised the issue of the renting homes Act, and I agree with him. In 2016 we planted what I think is an exemplar piece of legislation, giving rights to tenants and in many other housing areas. We’ve had the issue of Brexit and we’ve had the issue of COVID, and I think it would be a mistake to underestimate the actual scale of demand and legislation that has sidelined the ability to do some of the things that we wanted to do in the last Senedd. But that is one of the reasons why I specifically referred in my statement today to implementation and how the implementation is as important as primary legislation and new primary legislation. And as I’ve said, without that implementation, all those rights that are contained within the primary legislation are of little value. So, the point you make there is absolutely fair and correct. That is a priority, and I’ve already indicated the scale of implementation legislative work that is going to be required.

In respect of the issue of the environment and climate change, the clean air Act is a clear commitment. It was a manifesto commitment. It is really under consideration. If I could have got it into this first five-year programme, I would have done. But it does not mean that work is not ongoing on that. The commitment to that and the commitment to the plastic tax, as I’ve mentioned, are already there. I think it’s also reflected, when one talks about commitment to environmental issues, in the fact that we’ve had a major structural reform in the operation of the Welsh Government by the appointment of a Minister for Climate Change. That, I think, is very, very significant. I think we should also say, in terms of the environment, that work is going on in respect of the incorporation or the implementation of environmental principles into legislation, and that is an area that is going to be looked at as well.

In terms of Welsh language standards and the point that you raised there—. I should say, in some of the legislation, one of the advantages we have, of course, is ensuring that some of our legislation is bilingual, and one of the consolidation impacts is actually that we actually do that—that we actually ensure that we do implement our commitment to bilingualism in the legislative framework. On Welsh language standards, we are very keen to look in detail at the impact that standards have on the use of Welsh. And I think further to that, we want to ensure that we use our legal resources in the most effective way. So, if legal resources are available, we want to consider the amount of work to be done to introduce any regulations alongside the policy priorities as well, and that is a matter that inevitably is going to be the subject of considerable further debate and, I’m sure, in respect of future legislative statements.

Just one further point, in terms of building safety. That is very much on board; there are intentions of introducing legislation with regard to building safety. It’s a question of the consideration now of the second and third-year programmes, and also looking ahead as well. I think the Member will understand why I’ve adopted the approach in respect of ensuring that in our first Senedd year we prioritise those things that we have to do, that we need to do.

I’d make one further comment, I suppose, because it wasn’t particularly raised, but I know it fits within the general framework of discussion—the importance of the social partnership Bill that we will be bringing forward. Thank you, Deputy Llywydd.

Photo of Jenny Rathbone Jenny Rathbone Labour 3:13, 6 July 2021

I just wanted to press you a little bit on how we could improve and enhance electoral registration, because it seems to me that one of the most important things is that everybody is entitled to take part in elections, because if we have a large number of people not taking part, it really does undermine the democratic mandate of whoever is elected. So, this seems to me to be absolutely crucial to ensure that it’s made easy. If only we could cross-reference who’s on the electoral register with other bureaucratic transactions that citizens have to conduct, for example relating to renewing their driving licence and things like that. It would certainly enhance our ability to have accurate electoral registration, because I know, in my constituency, at least 20 per cent of the register is no longer at the place that they’re registered. So, it’s a huge problem, but one that we really do need to address.

On the business about clean air, I am also disappointed, certainly, because I really want to test the enthusiasm of the opposition parties to really want to go ahead with clean air. There are two issues here, two contributors: one is industry—

Photo of David Rees David Rees Labour 3:15, 6 July 2021

Can the Member remind—[Inaudible.]?

Photo of Jenny Rathbone Jenny Rathbone Labour

—and their activities, and I can understand the reticence of the Government to want to add to the challenges that industry is facing as a result of Brexit and the tsunami, and COVID, but one of the things we really, really need—as well as the 20 mph default speed in residential areas, which is a huge contribution to clean air, but we also need to reregulate our buses, if we are going to provide really clear and affordable opportunities for people to leave their car at home for regular journeys.

Photo of Mick Antoniw Mick Antoniw Labour

I'd like to thank the Member for those comments, and I am very much in agreement with the comments she made with regard to improving electoral registration. The crux of the problem, really, is that our electoral registration and legislation and regulations are archaic. They consist, in numerous places, of numerous amendments and ad hocs, over many, many years, and are desperately in need of reform—a reform of electoral administration, but also a modernisation of elections. I think one of the areas that we will want to be looking at, really, is the principles of electoral reform, which have got to be around the maximisation of opportunity, transparency, as well as robustness in respect of elections.

Some of the areas of things that we may be able to do, over the coming months, relate to possibly registration. It was certainly disappointing, wasn't it, the number of registrations of 16+ voters—you know, approximately 50 per cent registered. Not all voted, but this is a first-time vote; we know that that sometimes has impacts on long-term voting. But we clearly do want to see how that can actually be improved, and it may be that it's an issue of resource. So, that's an area we're going to look at. Looking at the correctability, or the improvement, of the forms themselves, so they're more easily understood; voting in more than one venue. And we're looking, certainly, at the possibility of a pilot there that would require a legislative Order, but that may be a possibility. In the longer term, the crux of it, really, isn't it, is digitisation of the electoral register, which opens so many doors in terms of opportunities.

In terms of the comments you make on clean air: those are perfectly valid, and, as I've said, if it was possible to have brought the clean air Act into this first Senedd year, we would have done so, but you have an absolute commitment that there will be a clean air Bill, just as there will be a single-use plastics Bill. And, as there will be further legislation, then I'm sure it will be considered by the Minister for Climate Change.

And the point you made on buses, I'm sure it was very clear: there had been a hope to introduce legislation in the last Senedd, but, clearly, this comes very much within the portfolio ambit of the Minister for Climate Change, and transport is one of the reasons for those being brought together, I'm sure.

Photo of David Rees David Rees Labour 3:18, 6 July 2021

Jane Dodds. No, you're still muted, Jane. Can you wait a second? Thank you. Now you can start.

Photo of Jane Dodds Jane Dodds Liberal Democrat

Diolch yn fawr iawn, Dirprwy Lywydd. Just following up on some of the points that Jenny Rathbone raised: I'm encouraged to see your commitment to electoral reform, to reduce the democratic deficit. And I'm sure you are as concerned as I am over the UK Conservative Government proposal to disenfranchise voters, under plans unveiled only on Monday, that will force people to carry identification to cast a ballot. This voter suppression across the UK could lead to more than 2 million voters lacking that voter ID to take part in elections. These plans will make it harder for working-class, older, and black and minority Asian groups to vote.

I welcome your comments on this proposal by the UK Conservative Government, and I hope that your programme will be committed to fair and accessible voting by everyone, no matter what their background is, or access, to voting ID. Thank you. Diolch yn fawr iawn.

Photo of Mick Antoniw Mick Antoniw Labour 3:19, 6 July 2021

Can I thank the Member for those comments? They are comments I almost in entirety agree with. Just to say to her, in respect of the issues of electoral reform, as Counsel General, I have met with the Electoral Commission, I have met with the Electoral Reform Society. The issue of reform is very much an important issue that needs to be considered. One of the issues, not just in terms of reforming and modernising the electoral administration system is potentially also the opportunity to actually codify it and to have it in one place. I have to say, as Counsel General, this is the first time I've actually had to look at it, and I'm dumbfounded at the complexity and the archaic nature of that. 

In respect of the points you make about the UK Government's electoral reform legislation, the issue of ID cards is not something that we'll have any traction with; this is not an issue that we will support. As I said in questions last week, there is no evidence to justify making this change and putting these hurdles in. In the entirety of the UK, I think there were six complaints that were taken forward and resulted in convictions or action being taken—two of those, I think, were cautions. So, there is no evidential base for it, and it begs the question as to why the measure is actually being introduced. You raise the issue of voter suppression; people will form their views on that. All I can say is Welsh Government's position is ID cards are not something we have any sympathy or interest in.

Photo of Mike Hedges Mike Hedges Labour 3:21, 6 July 2021

I welcome the Welsh Government's programme; fair work rights are long overdue. I hope that the social partnership Bill will ensure that companies who engage in fire and rehire, and who have exploitative contracts paying less that the real living wage, will not get public sector contracts. I welcome the taxation Bill to enable a quick end to tax-evasion loopholes—I have previously asked for that. I assume that the no-detriment rule on taxation and other changes caused by Westminster will continue. Twenty-mile per hour zones—very much welcome. In large parts of my constituency, you'll be driving dangerously if you travel over 20 mph, and likely to have a head-on collision. Local government having the ability to formally have regional economic partnerships is very helpful. We've now set up the four regions in Wales; having regional economic partnership is something that can only help drive Wales forward. And finally, in 2021, we are making sure rented homes are fit for human habitation—something that some of us have asked for ever since we arrived here.

Photo of Mick Antoniw Mick Antoniw Labour 3:22, 6 July 2021

I thank Mike Hedges for the comments he's raised, and, of course, he has raised on many occasions during the debates in the Senedd in the last term, but also even this year. Referring to the social partnership and procurement Bill, this is a long-standing commitment that has been made. I think it, potentially, is one of the most radical and foresighted pieces of legislation, particularly in the post-COVID arena where we talk about doing things differently and doing things better, and that must mean, I think, using procurement as a means of driving forward those socioeconomic objectives, which are devolved to us, which are our responsibility, and I think we would be irresponsible not to take those opportunities in order to do that.

Fire and rehire has been one of the disgraces that has emerged out of the COVID pandemic in the way certain employers—and I say 'certain' because many employers have acted with absolute integrity in terms of their workforce and their businesses. But fire and rehire, unfortunately, is an area that comes within the reserved area of employment law, and is an area where there have been calls, from the Labour opposition and others, for a change in legislation to realign the balance in terms of the rights of workers against the interests and opportunities of businesses to take advantage of the pandemic. But, certainly, in terms of the social partnership Bill, one of the objectives is to identify socioeconomic objectives, and, obviously, the conduct of employers in terms of environment, in terms of health, in terms of equality and in terms of many areas that are devolved, in terms of the implementation of section 1 that we implemented of the Equality Act 2010, are factors that will be taken into account in terms of achievement of those socioeconomic objectives. Obviously, a lot of work is going on at the moment in respect of the consultation that has concluded with regard to the social partnership Bill that we'd hope to have tabled before the end of the Senedd year.

In respect of the no-detriment rule, well, we have to absolutely defend that—that if there are changes to taxation arrangements at UK level that impact on the finances of this Senedd, then those have to be compensated for. I welcome the comments you make in respect of the Renting Homes (Wales) Act 2016 and the protection of tenants and the rights therein, and I think I've already made those comments about the absolute importance of the prioritisation of the implementation of that legislation.

Photo of Gareth Davies Gareth Davies Conservative 3:25, 6 July 2021

Thank you to the Counsel General for your statement this afternoon. But it's disappointing not to see legislation on older persons' rights in your programme. You may remember, during my Member's legislation debate last week, your Government indicated that, although you support my proposals for a rights-based approach to services for older people, you'd be bringing forward your own legislation. So, Counsel General, why are there no proposals for your human rights Act, and do you think it's fair that older people should have to wait in order to have their rights protected? Thank you very much.

Photo of Mick Antoniw Mick Antoniw Labour 3:26, 6 July 2021

Thank you for that question. I won't respond in respect of the issue with regard to Senedd Bills, because I think that is, appropriately, a matter for this Parliament to determine. But you do raise issues in respect of human rights. I would, of course, remind the Member that it's his Government that has been making all sorts of efforts and noises that it wants to abolish the Human Rights Act 1998 and has withdrawn us from all sorts of international agreements and conventions that actually promote and support human rights. There have been calls in recent years for the Welsh Government to undertake legislative activity to strengthen and advance equality and human rights in Wales, particularly in the context of the UK's exit from the EU and the COVID pandemic.

But we need to be clear about some of the things that we have done in terms of those rights with regard to equality: the implementation of section 1 of the Equality Act 2010, which the UK Government in Westminster still refuses to implement; the review of specific duties under the public sector equality duty to ensure they're up to date, protective and effective; the work we are doing in conjunction with the Equality and Human Rights Commission in Wales to review PSED monitoring and reporting arrangements; work that is going on in respect of advancing the gender equality action plan, the race equality action plan, the LGBT+ report and action plan; lockdown—liberating disabled people's lives and rights in Wales beyond that. Also, perhaps something that will touch more on some of the points that the Member raised, research has been commissioned in order to explore the options available in taking forward the work of strengthening and advancing equality and human rights in Wales. The aim is to develop a clear understanding of the existing legislation and statutory guidance frameworks, the issue of the United Nations' various conventions and how they might be incorporated or engaged with in regard to Welsh law with a view to considering the possibility of the introduction of new legislation. And, again, of course, you'll be aware of the work done in respect of the Well-being of Future Generations (Wales) Act 2015 and also the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015.

So, we are working to develop that area. The research report is nearing completion, and it will be distributed to Ministers shortly. It is research that's been carried out by consortia, led by Swansea University, since January 2020, and when that report is available, I'm sure there will be an opportunity to discuss all those opportunities in terms of how we may use the powers that we have in order to improve issues such as the one raised by the Member, but the many more equality issues that exist that we wish to tackle.

Photo of David Rees David Rees Labour 3:29, 6 July 2021

(Translated)

And finally, Huw Irranca-Davies.

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour

Diolch, Dirprwy Lywydd. Minister, you've caused great excitement, I think, for potential members of the Legislation, Justice and Constitution Committee, reminding us of the scale of legislation and of statutory instruments flowing as a result of EU withdrawal, and also the pandemic as well. It'll certainly keep us quite busy, in addition to your proposals around consolidation of aspects of Welsh law as well. 

But can I just turn to some of those aspects here that I would definitely welcome—things like the social partnership and public procurement Bill, the tertiary education and research Bill, and the renting homes Act? I think all of us would really welcome those, but—and there's always a 'but' coming—as Chair of the cross-party group on the clean air Act, can I just urge him please to, first of all, bring forward an early statement from Government colleagues on what actions can be taken now without waiting for legislation to actually deliver real progress, tangible progress, on clean air and quality of life and saving lives?

Secondly, we note his commitment—absolute commitment, he said—to delivering this. And he said, 'If I could get it into this legislative programme, I would have done.' Well, in which case, give the commitment, then, to work with campaigners, and with the CPG as well, to get it really ready to roll within the next legislative announcements that you make in year 2, and, in that year 2, just make the announcement then and let's get on with it—along with, by the way, echoing Jenny, the bus Bill. Sometimes you wait for two good pieces of legislation and they come along at once. Let's have them both in the next announcement. 

Photo of Mick Antoniw Mick Antoniw Labour 3:31, 6 July 2021

I thank Huw Irranca for those comments, and I also congratulate you and welcome your appointment as Chair of the Constitutional and Legislative Affairs Committee—I apologise, the name changed slightly, didn't it, et cetera, but that is such a vital committee to the functioning of the legislative work of this Senedd, often underestimated, sometimes referred to as a committee for legislative geeks, but, as we've said many, many times, without those legislative geeks, the programme of legislation would not run in the way it should, and certainly not without the scrutiny that there is, as well as the additional work that you will undoubtedly be doing in terms of the interparliamentary forum, which I think is really important in terms of some of the constitutional issues that are emerging and will need to be engaged upon. 

I find it difficult to give much more commitment than I already have in respect of the environmental legislations. They are there in the Welsh Labour manifesto. There are the absolute commitments that we will implement our manifesto promises, that we will look more broadly at environmental issues in a whole range of areas. We will also, as was very clear from that manifesto, look at a whole variety of areas that actually don't need legislation in order to make changes, and I think that was a point that you were making a little bit earlier. And in terms of the issue of a statement from the Minister for Climate Change, I'm sure she is listening with enthusiasm to the opportunity to make that statement at the appropriate time. 

Photo of David Rees David Rees Labour 3:32, 6 July 2021

(Translated)

Thank you, Minister. We will now suspend proceedings to allow changeovers in the Chamber. If you're leaving the Chamber, please do so promptly. The bell will be rung two minutes before proceedings restart. Any Members who are arriving after a changeover should wait until then before entering the Chamber.

(Translated)

Plenary was suspended at 15:33.

(Translated)

The Senedd reconvened at 15:43, with the Llywydd (Elin Jones) in the Chair.