Legislative Consent Motion on the Police, Crime, Sentencing and Courts Bill: Motion 1 and Legislative Consent Motion on the Police, Crime, Sentencing and Courts Bill: Motion 2

Part of the debate – in the Senedd at 6:50 pm on 18 January 2022.

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Photo of Jane Hutt Jane Hutt Labour 6:50, 18 January 2022

But today we are considering those clauses that have been assessed by the Welsh Government as impacting upon devolved matters, and it is an impact on devolved matters that are, we believe, within the competence of the Senedd. We do recognise that with many of them, the majority of these clauses, I am recommending that the Senedd gives consent, as they align with our priorities, and that's the issue in terms of the impact on devolution, making a positive difference to the lives of people in Wales. But I've also been very clear today, Llywydd, that there are parts of the Bill that are within competence that are insidious, and which impact negatively on the rights of people. To hear from Members today has been important to recognise and endorse the stance that I've taken.

So, I very much welcome the defeat of the clauses relating to limiting protest in the House of Lords yesterday, and I thank Sioned Williams for your powerful contributions on this point. I'll continue to make the point to the UK Government that the measures they're proposing in relation to protest cannot and should not be tolerated. As Members have said today, we must allow people the right to voice their views in peaceful protest in a law-abiding way. As also Members have said today, we, so many of us, have seen that as the lifeblood of our politics, of our voices, and the way in which we can enable people to express that is key to the lifeblood of our democracy, as we see on our Senedd steps, as we see in the processions, the protests, the marches, which we know are about the strength of views that we then want to respond to.

But also I would say 'thank you' again to Jenny Rathbone, Jane Dodds, to Sioned Williams and to John Griffiths about the views, the points you've made, about the ways in which the Government is trying to, as I said, adopt the sledgehammer approach to unauthorised encampments. We fundamentally oppose the criminalisation of the Gypsy/Traveller/Roma communities. As Jenny Rathbone has said, it counters every facet of our 'Travelling Ahead' strategy, and I do thank you, Jenny, of course, as chair of the cross-party group on Gypsy, Traveller and Roma communities. This is about how Welsh Government and local authorities must implement and deliver the Act, and it is, of course, in the Housing Act 1985 a legal duty to assess need, both residential and transient. I know that there is good practice across Wales amongst our local authorities, and it's that good practice that has to be delivered in every community for our Traveller/Gypsy/Roma communities. So, thank you again for giving me the opportunity to express that.

I would also like to thank Alun Davies for his contribution today. You have again, Alun, exposed the deep flaws of this legislation. Jane Dodds calls it 'pernicious'. That is why the Government lost 14 votes in the House of Lords on the detail of this Bill, adding to five previous defeats in earlier debates, and they were defeated last night by 261 to 166 votes.

So, it's complex legislation. We've dealt with it in a particular way this afternoon. I hope you will now support motion No. 1, containing clauses I do recommend consent is given to, and I urge you to reject motion No. 2, which contains the clauses I recommend consent is withheld from. And I do urge the Welsh Conservatives to join us in withholding consent, particularly recognising the comments that Mark Isherwood has made about the adverse impact that this particular clause 4 could have in relation to our Gypsy/Traveller/Roma communities here in Wales. Diolch yn fawr, Llywydd.