4. Statement by the Counsel General and Minister for the Constitution: The Historic Environment (Wales) Bill

Part of the debate – in the Senedd at 3:52 pm on 5 July 2022.

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Photo of Mick Antoniw Mick Antoniw Labour 3:52, 5 July 2022

Consolidation is not a mechanical exercise of simply copying existing provisions into a new Bill with an occasional tweak. Rather, the current law has been carefully examined to understand its intent and application so it can be restated without altering its effect. Unlike most legislation that comes before this Chamber, this is not a reform Bill; it does not change policy. So, its success must be evaluated by reference to the extent to which it improves the structure and clarity of the existing law, while preserving its legal effect.

The examination of the existing law highlighted some minor problems and, to address them, changes have been made in line with what is permitted by the Senedd's Standing Order on consolidation Bills. This work has been summarised in the drafter's notes. Tables of origins and destinations have also been produced, primarily to help Members understand where the new law has come from and, conversely, where the existing law has gone to. If the Bill becomes law, these will remain a resource for the future on the UK's free-to-access legislation website, legislation.gov.uk. 

I should thank the Law Commission for England and Wales for their positive engagement with the legislative process in Wales. The commission's report, 'Planning Law in Wales', which is shaping the current planning consolidation, has also been taken into account in the Historic Environment (Wales) Bill. We are also grateful that, at the Welsh Government's request, the Law Commission made four recommendations for changes to this Bill that it considered appropriate in a consolidation Bill. This is again consistent with what is allowed under the Standing Order.

I also draw your attention to the first section of the Bill, which states that it forms part of a code of law relating to the historic environment of Wales. Alongside consolidation, codification provides a tool to create and maintain order in the Welsh law book. If passed by the Senedd, this legislation, together with the associated subordinate legislation, will form a code of Welsh law on the historic environment. This means that the law will all be published together as a code and, in future, any desire to move away from the organisational structure created would have to be justified by the Member in charge. Since this is the first consolidation Bill to come before the Senedd, I know that the Welsh Government and the Senedd will take careful note of its progress and will learn from this process to benefit future consolidation Bills.

So, to close, I present to you the Historic Environment (Wales) Bill and encourage you to support a Bill that will give Wales modern, accessible and bilingual law for the protection and management of our unique and precious historic environment. Diolch, Dirprwy Lywydd.