Coal Tip Safety Regulations

Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 3:03 pm on 12 January 2022.

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Photo of Delyth Jewell Delyth Jewell Plaid Cymru 3:03, 12 January 2022

Thank you for that answer. I know that the Welsh Government will be acutely aware of these concerns around coal tip safety. It's something I've raised many times in the Senedd, and I know that, as you have set out, there is work ongoing to find solutions to make the tips that are deemed highest risk, particularly, safe. I would be interested to gain an understanding of the Welsh Government's legal perspective on this. The finance Minister said in a statement in September of last year—and I quote—that:

'The UK Government has a legal and moral responsibility to work with the Welsh Government to address this issue and fund these long-term costs.'

Could you, Counsel General, please explain what these legal responsibilities the UK Government has are, presumably under the Mines and Quarries (Tips) Act 1969, and what role you can play to help ensure that those responsibilities are upheld? Because, as the deputy climate change Minister said at the end of last year, the UK Government is currently abdicating those responsibilities.

And finally, if I may, you referred in your first answer to the consultation being held by the Law Commission, which I welcome. Could you please give us an update on the work undertaken so far and provide a date for us about when you expect them to publish their recommendations, please?