Group 11: Enforcement action by local authorities (Amendments 25, 26, 27, 28, 29)

Part of the debate – in the Senedd at 5:48 pm on 6 December 2022.

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Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 5:48, 6 December 2022

Diolch, Llywydd. Amendment 25 inserts a new section onto the face of the Bill. This amendment requires Welsh Ministers to ensure that local authorities receive sufficient funding to carry out actions required as a result of this Bill. Many of us here in the Senedd know that, quite often, when laws are passed here, the implications that are passed down to local authorities to enforce, educate—. Often, no extra resources are provided. When I speak to council leaders or their finance chiefs, it is a fact that they are sometimes concerned about laws that are made here, because of the financial implications and pressures it puts on our already overstretched local authorities.

Now, in Stage 2, the Minister claimed she was unable to accept this amendment as the Welsh Government would try to reduce costs as much as possible. The Minister stated that enforcement, to begin with, would focus on education. Now, I appreciate that response, although I don't think it squashes any concerns local authorities have around funding. To me, it basically said, 'We will fund our guidance and we hope this will be enough to change the behaviour of businesses.' Local authorities need commitment from you, Minister, and I would even ask you to—. I'm sort of getting my begging bowl out now on behalf of all of those local authorities who are going to see this come down. They're going to want to make sure that their local authority is able to educate, is able to enforce, but we only need to look at our planning departments, animal welfare, food standards, planning. Those kinds of departments are really overstretched—regulatories. And so, really, we need some commitment from you. The local authorities need commitment from you that they will not be left to cover the cost of enforcing this Bill. They are strained enough as it is. If you want enforcement to be sufficient, you need to ensure the funding is there, otherwise I worry this will count for nothing. 

Amendment 26 is a technical amendment that clarifies the purpose of the provision:

'premises used wholly or mainly as a dwelling' would be amended to 'residential premises'. Amendment 27 inserts a definition for 'residential premises' to ensure it is understood as intended, with 'residential premises' defined as

'premises, or any part of premises, used wholly or mainly as a dwelling.'

In other words, the business could be operating quite merrily away on the ground floor and you could have residents living above who could then be impacted by enforcers going into that part of the premises.

Amendments 28 and 29 are technical amendments that clarify the purpose of their provisions. I thank the Minister for working with me on this. I do think it's important that we clarify where authorised officers can and cannot enter, and I do appreciate, Minister, that you've recognised this as well. Diolch.