Part of the debate – in the Senedd at 4:26 pm on 22 March 2022.
Our first merits point noted that the significant increase in the charging authority’s discretion, from 100 percent to 300 percent, appears to engage article 1 of the first protocol of the European convention on human rights. Whilst it is, of course, recognised and accepted that states can interfere with a citizen's possessions, in this case by increasing the council tax charge on long-term empty dwellings or dwellings occupied periodically, neither the explanatory memorandum or explanatory notes to the regulations—nor, it appears, the original consultation, in fact—sets out any specific consideration of the impact on convention rights. In addition, they do not state that the scheme implemented by the regulation is a proportionate means of achieving a legitimate aim in this regard.
In its response to our report, the Government simply stated that they were satisfied that the regulations are compatible with convention rights. Well, that might be, and probably is the case, Gweinidog, but my colleague, last week, Alun Davies, spoke in this Chamber, again on behalf of the committee, and he on that occasion again raised concerns about the uninformative responses the committee are receiving when we question further the Welsh Government's obligation with regard to human rights and equality impact assessments. So, could we gently ask the Government to reflect further on these two comments, to ensure that in future we do receive a full explanation on these very important issues?