11. The Restricted Roads (20 mph Speed Limit) (Wales) Order 2022

Part of the debate – in the Senedd at 4:57 pm on 12 July 2022.

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Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 4:57, 12 July 2022

Diolch, Llywydd. Far from the weighty policy matters here, we've got some technical and merits points to raise in terms of making Welsh law accessible first. The Order is made in exercise of the power in section 81(2) of the Road Traffic Regulation Act 1984. Article 2(2) of the Order provides that the reference in section 81(1) of the Act to '30 miles per hour' is to be interpreted as a reference to '20 miles per hour'. So, as such, when the Order comes into force, it will be necessary for a person to locate both the Act and the Order in order to understand the default speed limit on restricted roads in Wales. This is to do with accessibility of the law. We asked the Welsh Government whether it had considered using the power in section 81(2) to instead make a textual amendment to the speed limit in section 81(1), which would assist in making Welsh law in this area as accessible as possible to road users.

In its response, the Welsh Government has said it accepts the need to make Welsh law as accessible as possible, however the drafting approach has been driven by vires issues. We were told that the wording of the power in section 81 is not explicit as to whether textual modification of the rate of speed is authorised. Further, there is no express ancillary power to make consequential changes to the section to deal with differentiation in the rate of speed across Wales, Scotland and England. So, the Welsh Government considers that if the UK Parliament had intended for there to be such ancillary powers, it could have included them at any of the times in recent years where amendments have been made to section 81 of the 1984 Act, including via the Wales Act 2017.

To make the textual modification approach viable at a practical level, the Welsh Government believes that the Welsh, Scottish and UK Governments would need to agree on the approach and keep each other informed of any changes when they occur, which the Welsh Government considers would be difficult to achieve in practice. Given that the recently agreed new inter-governmental relations structures are intended to provide for better inter-governmental working, we would be grateful for further clarity on this point, as to why this couldn't work. Now, this is particularly important given that in response to our merits point, the second merits point we raised, the Welsh Government confirmed the Department for Transport and the Driver and Vehicle Standards Agency have been fully briefed about the Welsh Government plans, and plans are in place for driving test requirements and the printed highway code to be amended accordingly.

Our third merits point notes that no formal justice impact assessment has been undertaken for this Order. The justification for this is set out in the regulatory impact assessment, which concludes that there will only be a slight impact on the criminal justice system. As our report highlights, the assessment states that a number of factors have influenced the Welsh Government's conclusions, and the Welsh Government has confirmed to us that it has taken into account the fact that there are further eligibility requirements for speed awareness courses other than simply recorded speed, and that there are differences between a lowered speed limit put in place in a defined pilot area and a national default speed limit that might have an impact on the number and the type of speeding offences committed.

Just swapping hats for a moment, Llywydd, from Chair of the Legislation, Justice and Constitution Committee, and putting on my hat as chair of the CPG on active travel, the cross-party group on active travel, can I just note the overriding support from members of that group, including Living Streets, Sustrans Cymru, 20's Plenty for Us, Ramblers Cymru, Transport Action Network and many, many others who see this as a way, using the exceptions that have been outlined as well, to actually make sure that we have cleaner, less congested, less polluted, more civilised streets?