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

Part of the debate – in the Senedd at 5:51 pm on 6 December 2022.

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Photo of Julie James Julie James Labour 5:51, 6 December 2022

Just turning first to consider amendment 25, proposed by Janet Finch- Saunders, this would, as she said, place Welsh Ministers under a duty to provide local authorities with sufficient funding to enable them to undertake their enforcement functions under the Bill. I believe this is similar to a change proposed during Stage 2. I've listened again to the points made and, while I understand the Member’s concerns, I just do not agree with her. As I said during Stage 2, the Welsh Government is seeking to reduce the financial burden on local authorities with regard to this legislation as much as possible. We intend to raise awareness and develop guidance to help ensure people understand how the bans affect them. Again, the purpose of this legislation is behaviour change; it is not to increase the number of prosecutions. 

Previous experience of enforcing environmental legislation, for example the carrier bag charge, has shown that effective communications surrounding the introduction can help reduce the need for enforcement activities. We anticipate enforcement activities will be intelligence led and undertaken with an initial focus on bringing rogue businesses into compliance. Many businesses, of course, have already taken steps to remove single-use plastic products from their stock. That said, I appreciate the Member's concerns during this period of very high inflation. I am aware the current budget for local authorities was set when inflation levels were far lower and that authorities continue to face significant pressures. The Minister for Finance and Local Government continues to work closely with Welsh Local Government Association leaders through the finance sub-group and regular meetings as we prepare for the next budget. This will help to understand the pressures and determine if there is any way of further supporting local authorities through flexibility with current sources of funding. I believe this is the correct forum for such discussions to take place. On this basis, I am unable to support amendment 25.

Turning to amendment 26, I am very grateful to Janet Finch-Saunders for raising this important issue during Stage 2 and for agreeing to collaborate with me to hone the legal text of this amendment. Together with the consequential amendments 27, 28 and 29, these work together to clarify what the Bill means when it refers to residential premises and what the powers of entry are for the places where people live. The amendments introduce the label 'residential premises' to describe any premises, or part of a premises, used wholly or mainly as a dwelling. They limit the power of entry in section 9 so that residential premises may not be entered without a warrant issued by a justice of the peace under section 10. For example, in the case of a flat above a shop, the flat could not be entered without a warrant, although the shop could. This makes it clear to enforcement officers that a warrant is required to enter places in which people live. It also protects them against making inadvertently unlawful searches of those parts of a premises that are not dwellings and are used for business purposes.

The amendments to sections 10 and 11 are corresponding and consequential to the amendments to section 9. I therefore do support, Llywydd, amendments 26, 27, 28 and 29 and recommend that Members do the same. Diolch.