Part of the debate – in the Senedd at 4:20 pm on 29 March 2022.
Thank you, Deputy Presiding Officer. I would like to thank the Deputy Minister for bringing forward this statement today. It's fair to say that we recognise that, in terms of the Mines and Quarries (Tips) Act 1969, times were so different then, with operational mines. With climate change now, it's clear that we've all got to work together as regards any tips that are deemed unsafe. I for one am very pleased to see that you are bringing forward legislation; we look forward to that. How we can work with you in a positive manner is important. I also welcome the clarity that was offered in the report by the Law Commission, 'Regulating Coal Tip Safety in Wales', on 23 March this year, that coal tip safety does fall under devolved competence, and that funding coal tip safety is a devolved responsibility.
Notwithstanding the points you've raised today, as a shared Government with the UK Government, it is hoped that greater working, perhaps, can go forward where we can actually identify—and I know there are the ones in the high-risk category—or how you categorise which of the tips, really, need the immediate action. I suppose one of my questions, really, was whether you—I have asked this before—actually have a breakdown of which are the most dangerous tips. I know we don't want to cause alarm or panic with the public, but I think, before we can determine where money is spent, there has to be this work carried out. I know, as you say, some of the figures you've spent up to now doing this.
I welcome the fact you've made an additional allocation of £4.5 million over three years, and total capital funding of £44 million to support essential coal tip maintenance. However, with over 2,500 disused coal tips, the additional money does only equate to an average of £19,500 per tip, which is way off. In addition to an explanation as to how the extra funding is going to be allocated, I would be grateful if you could clarify what options you are considering for finding the £0.5 billion that's been mentioned is required over the next 10 years in order to meet the cost of the reclamation and remediation programme, and how you are perhaps working with the UK Government in a positive manner.
Like my colleagues on the Climate Change, Environment and Infrastructure Committee, I welcome the Welsh Government's commitment to introduce a Bill to improve the regulatory framework for coal tip safety. The Law Commission report has highlighted that the existing regulatory regime for tips associated with operational mines should be not be altered, and that any new legislation should not apply to a tip to which the Quarries Regulations 1999 or the Mines Regulations 2014 apply. So, some comments on that, Deputy Minister, would be good, as to whether you will act on that recommendation.
In terms of what needs to be covered by new legislation, there are problems that do need addressing, such as the loss of specialist skills over recent decades, severe strain on our local authority resources—because they believe they're having to pick up some of the tab on this—uneven distribution of tips across Wales that now places a disproportionate burden on some local authorities, and one that sets statutory powers that only come into play once a tip has become unstable. To help authorities act proactively rather than reactively in ensuring tip safety, there's a recommendation that a single supervisory body, with responsibility for the safety of tips and greater powers, be formed. This does seem to me a common-sense proposal. So, do you support that? Over 90 per cent of respondents agreed with the proposal, but they were fairly evenly split over whether the supervisory authority should be a new or indeed an existing body. I agree that perhaps a new body would put new impetus into this, as opposed to a newly created division of NRW, because we all know, as Members, the pressures that NRW are under—they face staff shortages and they face severe underfunding. So, that's a particular question I have in mind.
I'm aware that you've been working to identify 2,456 tips, of which 327 are classed as higher risk. The Law Commission wants to see us build on that work by creating a central tip register—that echoes my point earlier—so that we know exactly what we're dealing with. Over 90 per cent of respondents agreed with having this tip register, so will you please just advise us, as Members here today, whether you're going to actually provide that important data, that important information, so that we can all work across political parties, and work across Governments, hopefully, so that the fears of people living or working near these tips can be diminished sooner rather than later? Diolch.