Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:55 pm on 16 March 2022.
Well, thank you for the supplementary question. The section 26A provision, introduced via the Wales Act 2017, does not give the Welsh Ministers full coal-licensing powers. The Coal Authority continues to be the licensing authority for the UK. Section 26A is a power to approve mining activities authorised under a licence granted by the Coal Authority. So, we do not have the powers to make a decision in this case, as the licence predates the section 26A power. And the mine operator sought only to give effect to an authorisation already granted by the Coal Authority in 2013. So, the decision to issue a notice discharging existing licence conditions was a matter for the Coal Authority to consider against the duties imposed on it by the Coal Industry Act 1994.
The fundamental issue is having a Coal Authority whose duty is to maintain a coal-mining industry in the UK. So, we've been calling on the UK Government to change this duty in the coal industry Act to reflect the climate emergency. So, though we were not able to intervene in this case, our policy is clear: we want to bring a managed end to the extraction and use of coal for thermal burning. We are committed to working with the fossil fuel extraction industry on the transition to business models that are sustainable for the long term and that support decarbonisation.