Questions and Speeches from National Assembly November 2016
The
Codification of Welsh Law
14:30
Mike Hedges2. Will the Counsel General make a
statement on the Law Commission’s report, which recommends the codification of
Welsh law? OAQ(5)0006(CG)
14:30
Mick
Antoniw
I welcome
the Law Commission report, and, together with the First Minister, am carefully
considering the recommendations and implications. I will provide an interim
response to the commission before the end of the year, and will make this available
to Members.
14:30
Mike Hedges
Can the
Counsel General set out the route-map for the codification process, and
indicate the benefits and potential risks that could arise from codification?
14:30
Mick
Antoniw
Well, I
was very pleased to receive the report. As I took up my position as Counsel
General, improving accessibility to the laws of Wales is not only of great
interest to me, but it’s also very important to Wales as a legislature, and, of
course, follows on very much from the excellent report from the Constitutional
and Legislative Affairs Committee, which, I think, made many of these
points—considerable work, and a report that has been referred to in many
subsequent reports as being fairly authoritative on this issue.
The
codification report sets out many of the benefits that could follow from
codifying Welsh law, estimating, for example, that, in addition to
unquantifiable social benefits, there might be efficiency gains of around £24
million a year, were we to bring order to the law in this way. I’d rather sort
of present that argument as I think there are considerable advantages to
businesses, to investors, within Wales, to actually know what the law is, to
know where it is, and to know it is simple, clarified and consolidated.
Of
course, putting this into practice is complex. It will require consistency over
a long period of time—over more than one Assembly. We are, effectively,
establishing a Welsh legal statue book—that would be the objective. So, those
are the recommendations. You’ll be aware of the recommendations that have been
made by the Law Commission, which are very, very detailed. They are being given
a lot of thought in terms of how we might implement it, what would be the
particular legislative, Standing Order requirements, and so on, and what would
be the particular cost and the resource implications, which, again, are
significant.
But I can
say that I’m of the view that the status quo is no longer an option, that we
need to tackle the issues over accessibility of legislation, because, as a
Government, we have a responsibility for ensuring that the law is well
promulgated, but also that it is accessible—accessible not only to lawyers,
judges, and businesses, but to the citizens of Wales as well. And I think it’s
something I’d consider fundamental to both our political and legal systems, and
is an issue of some importance to all sectors, as I’ve mentioned with the
business community. So, I will be making an interim report. Under the protocol
that exists with the Law Commission, there will be a final report, a final
response, before the end of June 2017.
13:58
Mike
Hedges
5. Will
the First Minister make a statement on no cold calling zones in Wales?
OAQ(5)0245(FM)
13:58
Carwyn
Jones / The First Minister
We know
that no-cold-calling zones help to make people feel safer in their communities.
We know the number of homes covered by zones continues to increase. What we are
never sure of is whether no-cold-calling zones include political canvassers.
13:58
Mike
Hedges
That’s
absolutely true. No-cold-calling zones are popular with residents. When
delivering leaflets during half term in areas without no-cold-calling zones, I
noticed a large number of houses with ‘no uninvited traders’ stickers on their
doors. What can the Welsh Government do to support councils in expanding the
areas covered by no-cold-calling zones?
13:58
Carwyn
Jones The First Minister
In March
2013, a baseline review established 38,000 homes were covered by the zones. In
November 2013, we invited local authorities to bid for funding to support the
creation of zones in their areas. I have to say, only 12 authorities requested
funding and just under £35,000 was provided. That said, the number of homes
covered by zones has now increased to 53,000.
Primary
and Secondary Care
15:00
Mike Hedges4. Will the Minister make a statement
regarding the share of resources between primary and secondary care?
OAQ(5)0061(HWS)
15:00
Vaughan
Gething
Thank you
for the question. I expect resources between and within primary and secondary
care to be used to address the health and well-being needs of the populations
that each health board area serves. I expect resource use to both lead and
follow the changing pattern of services as more care is delivered closer to
home.
15:00
Mike Hedges Can I thank the Cabinet Secretary for
that response? But the share of the Welsh health budget spent on primary care
has reduced over recent years. Is there any intention from the Welsh Government
to try and reverse this trend, because I believe, and I hope the Cabinet
Secretary does, that spending money in primary care saves money further along
the line?
15:00
Vaughan
Gething
Thank you
for the point. I think part of the challenge in understanding what’s happening
in primary care is understanding what we mean by primary care spend, as well.
I’ve seen a range of figures. There’s obviously campaigning, lobbying and,
quite rightly, scrutiny about the amount of money that we spend and the share
of money that we spend. For example, we spend in primary care spend 13.7 per
cent of our budget, compared with Scotland spending 11.8 per cent. That’s drawn
from comparative figures that the Royal College of General Practitioners in
Scotland accept as properly representing primary care. So, it isn’t just a
general medical services spend.
I think,
though, that rather than getting lost in talking about a set percentage of the
health budget or a set sum of money, we need to be focused on what is our
vision and expectation for the future of healthcare services. How will they be
delivered? If more care is going to be delivered within the community and
closer to home, we need to shift our resources. Those resources are in some
parts financial, but, actually, a lot is about the staff that we have and the
way that we use and remodel our primary care estate to be able to deliver that
service. I’m interested in delivering the right service, in the right place, at
the right time and having resources that enable us to do that. That will see a
shift in resource. That’s where my priority is, rather than having a set point
at which I say, ‘I want x amount to go into primary care or secondary care,’
because I don’t think that’s necessarily the right way to run and manage the
service.
Mike Hedges
I intend
to use both English and Welsh in this contribution.
First of
all, where will these million Welsh speakers be in 2050? Will they be in Wales,
in Britain or across the world?
The 2011
census, which showed a decline in the number of Welsh speakers, compared with
2001, was very disappointing. If the decline continues at the same rate over
the next 30 years, only Gwynedd will have half its population as Welsh
speaking, and then only by 1 per cent. That’s what’s got to be turned around.
Most alarming has been the reduction in the communities where over 70 and 80
per cent of the population speak Welsh. This is a number that people, including
myself, believe is what is needed to make it a community language. When it gets
down to 60 per cent, just using simple mathematics, two out of five people
you’ll meet will not speak it, and the tendency is, ‘Let’s stick to English
because everybody will understand me.’
More
encouragingly, we have seen the number of three to four-year-olds able to speak
Welsh increase from 18.8 per cent in 2001 to 23.6 per cent in 2011. This shows
the continuation of the increase from 11.3 per cent in 1971. Can I just pay
tribute, like everybody else has, to Mudiad Ysgolion Meithrin and Ti a Fi, who
have done a tremendous job in getting children at a very young age to speak Welsh?
Sorry, Rhun, about this but only Anglesey had a lower proportion of three to
four-year-old Welsh speakers than the proportion of the population as a whole
from the 2011 census. [Inaudible.]—scenario if it continues going forward
because we need to make a change. Even the good of what’s happening with three
and four-year-olds is not good enough. We need to make sure that children learn
Welsh in school. I’m going to talk more about that, in Welsh, later on. So,
apologies. I won’t go into it now. We need to get people to do it now, because
it’s incredibly difficult to learn Welsh as an adult. We also have lots of
people moving into Wales who will not be Welsh speakers; we have people moving
out. I ask the question now: should people who move to London, whose children
attend London Welsh School, actually be counted against Welsh speakers? That’s
a question we need to give some thought to.
Growth in
the number of young people speaking Welsh in Wales will ensure that the more
pessimistic scenario does not occur, as long as these numbers are maintained
and increased. But we need children, again, to speak Welsh. We can talk about
Welsh speakers, and I’ve a lot of experience of children between the ages of
three and 18 over recent years, going to Welsh-medium schools, and it’s
different being able to speak Welsh and speaking Welsh. There’s a huge
difference in that. We need to increase the number of people speaking it.
The
current Government is doing a lot: supporting mentrau iaith; language action
plans; Welsh-language promotion schemes; extra financial support for the
Eisteddfod; events with the Urdd camp at Llangrannog, although my daughter,
amongst others, says they could still do with a lot more investment there; and
the investment in delivering Welsh-medium schools. Despite the Welsh
Government’s current commitment and support—and I don’t think anybody doubts
the Welsh Government’s support for this—I would like to see five policies
taking place. A guaranteed place in Flying Start provision through the medium
of Welsh for all eligible children whose parents request it. Let’s start young.
Once children get into an English-medium environment, they’re likely to stay
there. The promotion of the benefits of Welsh-medium education to parents of
three-year-olds. The plan for at least a third of children in Wales to attend a
Welsh-medium school. Now, my fear is that we’re going to keep on going as we
are, where we’re going to end up with a population in Wales where about a
quarter of us speak it, but it will vary between about 20 and 40 per cent, and
nowhere will there be enough Welsh speakers for it to be the language of the
community, the language people can use daily. I live in Morriston where there
are a large number of Welsh speakers and an opportunity to use it, but it’s in
a small number of places where you can use it. Sorry, Rhun.
18:52
Rhun ap
Iorwerth
Thank you
very much. Would the Member agree with me that we also need to use the
excellent role models that we have in sports, for example, at the moment—we
think of the Welsh team and players such as Ben Davies and Joe Allen—in order
to ensure that young people look up to people who use the Welsh language?
18:52
Mike Hedges
Actually,
Cyril Hartson’s great-uncle had difficulty speaking English, and quite often
had to ask what the English word was when I was talking to him.
The
provision of Welsh-medium youth facilities needs to improve and the protection
of the Welsh language being a material consideration in planning applications.
I know
how difficult it is to learn Welsh. It’s easier to learn at school when one is
young. I find mutations impossible, but my wife and my daughter who attended
Welsh-medium schools use them quite naturally.
Over half
the people who will take part in the 2051 census are alive now. All the
38-year-olds in the 2061 census would’ve started school.
Finally,
who are these Welsh speakers? People like myself who speak Welsh with family
and friends in the chapel and in the pub, who aren’t confident in using Welsh in
public? Will I count as one of the 1 million?
15
November 2016
14:20
We’ve
heard a lot about proposed transport changes in the Cardiff bay city region.
I’m asking for a Government statement on transport proposals within the Swansea
bay city region, specifically proposals such as reopening railway stations,
further dualling of the A40, creating bus and train links and improving cycle
path provision.
14:20
Jane HuttBiography
Mike Hedges raises an important point where we do
need to look to the national transport finance plan in terms of measures to
ensure that the Swansea bay region is connected, as you say, in terms of
openings of railway stations where appropriate, ensuring that, mainly, we do
have a reliable, modern and integrated transport network. Of course, this is
something that I know the city region board is looking at, in terms of
identifying priorities for growth and jobs, looking particularly at the
region’s digital and transport infrastructure.
16:07
Can I
first of all welcome the European Champions League final coming to Cardiff? I
very much hope there’s a Cardiff player playing in that match, in terms of
Gareth Bale. Could I also remind the Minister—and I hope that he’ll welcome
it—that there are 19 major sporting events taking place in Wales every year,
and that Swansea are playing in the largest league in the world, which brings
in a substantial number of people, not just from England but from all over the
world, to watch it? If we’re putting bids in, as Neil McEvoy seems to be, can I
throw in Ivor Allchurch and Robbie James for major sporting achievement?
What I
was going to talk about, though, is: have I mentioned Joseph Jenkins, John
Elias, Henry Rees, Christmas Evans and, perhaps the one who gives it away, Evan
Roberts? Major preachers in Wales. Wales has got a huge reputation for
preachers and I think that, if we’re looking at the American market and if
we’re looking at the religious parts of America, the role played by these
people and others—. And it’s not just America, but Singapore, for example.
We’ve got the situation where New Siloh in Landore has been taken over by a
church in Singapore. But, we’ve also got a huge chapel, Tabernacle, in
Morriston. So, the question I’ve got is: should we be aiming at the American
market, but should we be aiming some of our great religious history, some of
the great names from our religious history, not least of whom is Evan Roberts?
Should we be doing that in order to try to attract American tourists to visit
the chapels of Wales? It’s amazing, actually, how many visit Ebenezer in
Swansea, which is Christmas Evans’s former chapel, despite the fact it’s not
advertised and you have to engage in substantial research to find out where it
was and what it is now. So, I think that there’s a huge opportunity there, and
I would hope that the Minister would look to try to take advantage of that.
23
November 2016
14:09
Mike Hedges
Historically,
in the pre-poll-tax days, local authorities were able to use the equivalent of
the product of the penny rate to carry out activity for the benefit of their
local area. Does that Cabinet Secretary agree with me that what is needed, and
what local authorities have asked for for as long as I can remember, is a power
of general competence for local authorities, so that if it’s for the benefit of
their area, it’s what the council votes for, it’s what constituents want, then
they can spend money on it.
14:10
Mark
Drakeford
Mike Hedges is absolutely right and he reminds us
that, in the draft Bill on local government that the previous Minister brought
forward, there was exactly that proposal: to provide a general power of
competence to principle authorities and, indeed, a power of competence to town
and community councils that were able to reach a certain threshold of
competence in their own affairs. While we’ve not been able, up until now, to
reach an agreement on some important parts of reform of local government, that
was an aspect that was generally welcomed, and I definitely intend to take it
forward if I have an opportunity to do so.
Mynd i’r
Afael รข Chlymog Japan
Tackling
Japanese Knotweed
14:21
8 - Mike Hedges
2. Will
the Minister make a statement on efforts to tackle Japanese knotweed?
OAQ(5)0056(ERA)
14:21
Lesley
Griffiths
Thank
you. I’m taking forward a number of initiatives designed to tackle this
invasive species. These include the continuation of biocontrol trials to
establish a non-native psyllid and the development of a fungus-based herbicide
designed specifically to control this plant.
14:22
Mike Hedges
Can I
thank the Minister for that response? Knotweed is a major problem in Swansea
East, making houses difficult to sell and spreading onto neighbouring
properties. I’m very pleased with the update the Minister gave me on
experiments with a natural predator and on chemical attempts to attack it. The
natural predator has been used now for several years, when will the decision be
made on whether it can be used more generally?
14:22
Lesley
Griffiths
Well, you
are aware, obviously, of the results of the chemical trials that were held by
Swansea University. They were published last year, and I think what they showed
was there wasn’t a one-hit wonder, really, in relation to tackling this very
difficult condition. There has been a planned series of treatments, which is
absolutely the key to having effective control. I don’t know if Members are
aware, but since the trial ended, the most effective herbicide tested,
piclorum, has now been withdrawn from the market. We are continuing to fund
biocontrol projects, and that really builds on the successes of the earlier
trials. The phase that we’re looking at now will focus upon psyllid
establishment with release to a wider range of sites, using enhanced release methods
with new psyllid stock from Japan. I think the aim is for, then, the insects to
suppress Japanese knotweed’s vigour so it won’t be the aggressive invader that
it is now.
Accidents
15:05
9 - Mike Hedges
1. How
many recorded accidents have occurred on the Assembly estate since May 2011?
OAQ(5)003(AC)
15:05
Joyce
Watson Comisiynydd y Cynulliad / Assembly Commissioner
Thank you
for that question. There have been a total of 63 accidents that have been
recorded on the estate since 2011. Forty-three of them were by Commission
staff, two by Assembly Members, two by Assembly Member support staff, two by
Welsh Government staff, four by contractors, and 10 by public visitors.
15:05
10 - Mike Hedges
Can I
thank Joyce Watson for that response? Considering it is over five years, it is
not a very large number of accidents, but every accident is one too many. What
is being done by the Commission to reduce the number of accidents on the
estate?
15:06
Joyce
Watson
Identifying,
of course, the causes of accidents is where you have to start, and the health
and safety adviser does make regular floor walks of the Assembly estate with a
full-time trade union officer. Any recorded hazards are assessed and remedied
quickly, with each department having its own health and safety champion. But
when accidents do occur—and they will—they are investigated by the Commission’s
health and safety adviser, who will develop appropriate recommendations and
actions. Those are followed up to make sure that they’ve been implemented
properly and effectively, but prevention is always better than cure, so all
Commission staff are provided with health and safety awareness training as part
of their induction, as are Members and their support staff.
17:03
Mike Hedges
Will you
take an intervention?
17:03
Janet
Finch-Saunders
Yes,
okay.
17:03
Mike Hedges
Well,
there used to be the joint negotiating committee, which set the limit. The
Conservative Government in Westminster did away with it. Do you regret that?
Mike Hedges
I welcome the statement by the Cabinet
Secretary and the proposal for 20,000 affordable homes for people to live in.
The ending of the right to buy and the right to acquire will put an end to the
loss of public housing for rent. Building homes is not only good for the people
who will live in these homes, but is good for the Welsh economy and getting
people into work.
I have three questions for the Minister.
As well as private development and developments by registered social landlords,
there is also the building of council houses and co-operative housing. What
role does the Cabinet Secretary see for co-operative housing? I see that the
Cabinet Secretary expects to build 500 councils houses in the period. That is
less than Swansea council used to build every year between 1945 and 1979. So, I
think we need to be more ambitious in building council houses. Swansea council
has started building council houses again, with those at Milford Way already in
construction and planning permission for Rhyd-yr-Helyg being applied for. Will
the Cabinet Secretary join me in congratulating Swansea council on this
development? Let’s hope that many more new council houses can be built. Also in
Swansea, Hygrove Homes are developing a 200-plus affordable home and housing
association development on a brownfield site. Does the Cabinet Secretary
support the use of brownfield sites for this type of housing development? Does
the Cabinet Secretary also think that it’s a good idea to have a mix of housing
association and low-cost housing rather than just having it set up in certain
areas?
Carl Sargeant
I thank the Member for his comments and
his questions. I don’t disagree with anything he said. The issue around council
housing and co-operative housing is something that we will be pursuing as part
of our 20,000 target. Indeed, I was in the constituency of Mick Antoniw only a
few weeks ago launching a co-operative housing scheme that is very successful,
where the community are embracing the opportunity to own their properties and
develop the schemes around that. Of course, I pay tribute to Swansea and other
councils such as my own in Flintshire, where they are already starting to build
council properties again. I have made no secret of saying that, where we have
good-quality RSLs, we should continue to invest in those schemes, but there’s
no reason why, I don’t see, we shouldn’t be investing in council schemes
either, and I’ve asked my team to look at that proposal.
The brownfield site issue the Member
raised with me is an important one—about mixed tenure on these. Of course, I
agree with that. But I should also—it was remiss of me not answering a question
from an earlier contribution around the public sector land issues. We are
bringing forward—I’m working with the Minister for infrastructure on
Government-owned land and public sector land to see how we can bring a stake to
the table in terms of not always being a fiscal opportunity, but a land-based
opportunity. It gives us an opportunity to offset some of the costs as well.
But, as always, with all of these schemes, they would have to go through the
proper planning process, to give comfort to the Members who asked questions
earlier on.
Rent smart Wales
I welcome the statement by the Cabinet
Secretary, and I give him three cheers, as opposed to David Melding’s two. I
recognise the importance of the Rent Smart scheme. We need to improve the
overall quality and management of privately rented housing. I want to stress
the importance that landlords—including accidental landlords—are aware of all
their responsibilities. The rush to register at the end reminds me of the rush
to submit self-assessment income tax returns as the last date for submission
approaches. As the scheme is being independently evaluated over three years,
will the Minister commit to produce an oral statement after each report is
produced?