25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I don't think we're a 1,000 miles apart.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Okay.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Yes.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Well, you can make it available—
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I'm simply suggesting that if it is, as Neil suggests, current practice, then there seems to be very little reason why—
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
So, why don't—? I'm just interested as to why section 59 is so unclear.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Yes, but what I'm saying is, the reason—
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
So why—? But this comes back to the balance, doesn't it? It is again quite a discrete matter, it's not a matter where you need to make lists, or where things are going to change in the future and the rest of it. You know, I would anticipate that if an…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Let me finish on this, section 59. It requires reasons to be provided alongside a decision to grant or refuse consent. In your letter to us you state that you anticipate an applicant will always be provided with a statement of reasons. But that provision, of…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I think your point is well made. Section 56(2) allows for the time periods for deciding an application to be extended by direction. A direction may be given more than once, and can be given after the 52-week period has ended. This requires no Senedd…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I understand that, and I think it's right and proper that public servants have the ability to work in a way that isn't becoming bogged down, if you like, in some of these issues, but at the same point, the public have to be protected and the rights of the…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Yes, I understand that.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Yes, I understand that, and the Government has very well-thought-out and, I think, broadly clear rules on how it would regard a vexatious correspondent, for example, and I don't think that's ever been challenged, really; I think that's perfectly fair and…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Though I think it's right and fair that the Senedd understands what powers it's providing to Government to take those decisions. But moving on, section 55 provides another regulation-making power to enable regulations to specify matters that may be…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Absolutely, and futureproofing does provide Government with certain rights and responsibilities—
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I agree with that.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
So, for example, a 5G mast, which might be contentious today, won't be contentious in a decade.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Well, wind turbines have been around for a while.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
Well, I think it is. You've got a Bill dealing with it.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
But infrastructure's pretty well understood, isn't it?
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
That's an honest answer, at least.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I was just giving that some thought, actually. In Part 5 of the Bill, Minister, in section 52, the examining authority has the function of deciding an application for infrastructure consent for a, and I quote, 'development of a kind specified in regulations'…
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I just think we need to find a way of meeting at some point.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
I can see where you're coming from and I hope you can see where I'm coming from.
25 Medi 2023 , Legislation, Justice and Constitution Committee
Bil Seilwaith (Cymru): Sesiwn dystiolaeth
You're taking my words further than I actually intended. My purpose is to question whether that approach—. In whose interest does that approach work?
