The Corporate Joint Committees (General) (Wales) Regulations 2022 and The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022

– in the Senedd at 4:16 pm on 22 March 2022.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:16, 22 March 2022

(Translated)

Therefore, we will proceed. I call on the Minister for Finance and Local Government to move the motions. Rebecca Evans. 

(Translated)

Motion NDM7958 Lesley Griffiths

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves that the draft The Corporate Joint Committees (General) (Wales) Regulations 2022 is made in accordance with the draft laid in the Table Office on 1 March 2022

(Translated)

Motion NDM7960 Lesley Griffiths

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves that the draft The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022 is made in accordance with the draft laid in the Table Office on 1 March 2022.

(Translated)

Motions moved.

Photo of Rebecca Evans Rebecca Evans Labour 4:17, 22 March 2022

Diolch, Llywydd. I move the motions.

The Local Government and Elections (Wales) Act 2021 provided for the creation of corporate joint committees to further drive collaboration across local government. In March 2021, the Senedd approved regulations establishing four new CJCs in Wales. Those establishment regulations were the beginning of a phased approach to putting in place the regulatory framework necessary for these new public bodies. In November 2021, a second tranche of legislation was approved by the Senedd, which continued to put in place the necessary powers and duties to underpin the operation of CJCs. The draft Corporate Joint Committees (General) (Wales) Regulations 2022 before us today represent the third tranche of regulations. These continue the application of the local government legislative framework that CJCs will operate in. These draft general regulations deal with CJCs' legislative framework concerning conduct, the appointment of substitute members and commercial activities. A number of minor provisions also relate to finance, legal proceedings, records and workforce matters. A consultation on these regulations ran between 10 November and 22 December 2021, and I'm grateful to those who responded, including colleagues in local government. 

The draft Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022 also forms part of the third tranche of statutory instruments that provide for the legislative framework of CJCs. This draft instrument amends the Crime and Disorder Act 1998. CJCs will be included in the list of authorities that must have due regard to crime and disorder prevention in the exercise of their functions. As always, the intent is that CJCs are treated as part of the local government family in Wales. These regulations continue to ensure that CJCs are largely subject to the same or similar powers and duties as local authorities in the way that they operate and are governed. Thank you.  

Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru 4:19, 22 March 2022

(Translated)

The Senedd will, of course, be aware that Plaid Cymru opposed the creation of these corporate joint committees in the last Senedd. That's a battle that we lost, of course, and therefore if these joint committees are to come into existence, then they need to be accountable to the same standards and expectations as local authorities, particularly in terms of code of conduct standards. So, we don't oppose these regulations, but I think there's a valid question on the role of the Public Services Ombudsman for Wales in this regard, and a question on the budgetary implications of the the work of the ombudsman in placing the joint committees under the ombudsman's auspices, which is the right thing to do. But, it does shock me that the regulatory impact assessment suggests that the Government doesn't feel that there would be additional costs, or if there are additional costs, they can be incorporated into the budget that the ombudsman would usually receive. I would assume that the Finance Committee would have something to say about that. As a former member of that committee, I'm highly aware that these bodies that are directly funded do come to ask for funding and are told to go back and look at things again. Budgets are tight. I would also assume that, given these CJCs are further away from the coal face and further away from communities, the potential for challenges or issues arising is greater. I would assume, therefore, that there would be more work for the ombudsman as a result of that, and shouldn't that be reflected in the regulatory impact assessment? I just want to better understand the Government's rationale in assuming that it can be incorporated into current budgets. 

Photo of Elin Jones Elin Jones Plaid Cymru 4:21, 22 March 2022

(Translated)

I have no other speakers, so the Minister to respond.

Photo of Rebecca Evans Rebecca Evans Labour

Diolch, Llywydd. I thank Llyr Huws Gruffydd for raising this particular issue this afternoon. That is our assessment, based on our understanding of the likely workload and the likely impact of including CJCs within the auspices of the local government family. But, of course, we will want to keep all of these matters under review, and I know that the Finance Committee will be taking a particular interest in this. I will commit to having some further discussions with the Finance Committee to explore in due course whether they have any particular concerns about the way in which the RIA is coming to fruition, or otherwise, to ensure that we are making the appropriate allocations in respect of this work. But, it is our belief, at this point, that there will not be significant additional work for the public services ombudsman.

Photo of Elin Jones Elin Jones Plaid Cymru 4:22, 22 March 2022

(Translated)

The proposal is to agree the motion under item 7. Does any Member object? I don't see any objections. Therefore, the motion under item 7 is agreed. 

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:22, 22 March 2022

(Translated)

The next proposal is to agree the motion under item 8. Does any Member object? I don't see any objections. Therefore, the motion under item 8 is agreed.  

(Translated)

Motion agreed in accordance with Standing Order 12.36.