, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
But the overall effect of the change in the Bill is simply to remove a redundant provision that requires a person who appeals against an enforcement notice to argue that they could not have done repair works without consent because they could never do repair…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Chair, I think I'd probably say no blame attaches to anyone who might have been involved in the legislation at that particular stage.
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Well, to ascertain the precise details of that mistake, I'll go over to James again, who I think has researched this thoroughly.
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
I think the first thing is that I am content. Scheduled monument consent can be revoked or modified under section 4(3) of the 1979 Act. In section 9 of the 1979 Act, there's a duty to pay compensation in certain circumstances for expenditure, loss or damage…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
If I go, perhaps, to James.
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Well, I think you have those concerns right at the beginning and then you have to address them and, obviously, take decisions as you come along. I'll go to James a little bit on this in a minute. But there are clearly judgments that have to be made along the…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Well, what I'll do is I'll ask James to talk about the wrecks issue and the complications that arose when we were looking at those.
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Yes. It's an important part, because these are areas that I know have been considered very, very carefully because of potential overlaps with the legislation. You have to be careful in terms of areas that go into the marine area, areas that go into the…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Okay. Thank you for that. I think in terms of the grounds of appeal, what the Bill actually does is bring them together. Our intention to provide a ground of appeal against this kind of decision was really for reviews to occur solely on the basis of whether a…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Can I just say that I'm grateful for this being raised? This is something that I will take away and will consider further, so I look forward to your report on this specifically.
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Thank you for the question, and it would be difficult to attend a session of this committee without talking about terms like 'appropriate' and 'expedient' and 'necessary', and so on, I suspect. But we've done an assessment of the use of the word 'appropriate'…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Yes. I've had a look at section 152 and it has the effect, doesn't it, of adding a power to enter land to determine whether a temporary stop notice should be issued. We consider the matter to be very minor because there's already a power to enter land to…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
The answer is 'yes'. In respect of all legislation, it's necessary for me to give a statement of competence, and competence obviously requires compliance with the convention on human rights and any other international obligations that there are. So, we've…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Of course.
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Yes, disappointingly we've still not received a response. I will be writing again. I think my letter was on 13 May 2022, so I'll be following that through with the new Secretary of Wales, the Rt Hon David Davies MP, on this matter. I don't anticipate that…
, Legislation, Justice and Constitution Committee
Historic Environment (Wales) Bill: Ministerial evidence session
Thank you. If I can just say, firstly, Dr James George is the senior legislative counsel, so he's been working on the Bill. So, for some of the technical aspects of the Bill, it may be appropriate for me to refer there. But also he's working on the planning…
, Plenary
Debate on the Legislation, Justice and Constitution Committee Report—'Annual Report 2021/22'
I welcome the committee’s conclusions on improvement to the legislative consent processes and hope we can continue to work collaboratively to further strengthen the Senedd’s ability to scrutinise legislation and collectively defend the devolution settlement…
, Plenary
Debate on the Legislation, Justice and Constitution Committee Report—'Annual Report 2021/22'
Turning to Bills, as the First Minister set out in his latest statement on the legislative programme on 5 July, we are moving forward with an ambitious programme of primary legislation. We have introduced the first six Bills of this Senedd term and the…
, Plenary
Debate on the Legislation, Justice and Constitution Committee Report—'Annual Report 2021/22'
Dirprwy Lywydd, I'm grateful for the committee's role in scrutinising primary and secondary legislation, particularly against the challenging context we have all been operating and continue to operate in since Brexit and the start of the pandemic. The…
, Plenary
Debate on the Legislation, Justice and Constitution Committee Report—'Annual Report 2021/22'
Thank you, Deputy Presiding Officer. I have listened to contributions to this debate with great interest. I would like to pay tribute to the committee for its work, and I'd like to thank Members for the report. Of course, as a former Chair of this committee…
, Plenary
Questions to the Counsel General and Minister for the Constitution
Thank you for that very important question. Yes, I'm aware of the Manchester report. I've started reading through it and it makes very, very grim reading indeed. It is something that I know the members of the judiciary are very concerned about, and I know…
, Plenary
Questions to the Counsel General and Minister for the Constitution
Thank you for the question. We use every lever possible to tackle inequality in the justice system, even though it is not devolved. For example, we worked with partner organisations on the anti-racism action plan for the criminal justice system in Wales that…
, Plenary
Questions to the Counsel General and Minister for the Constitution
Thank you for raising what is a really important issue that is not often commented on. I think this is the first specific question I've had on this, and it's very important that it has been raised. What I can say generally is that when issues in terms of data…
, Plenary
Questions to the Counsel General and Minister for the Constitution
Thank you. Before the Bill was withdrawn from the Second Reading in the House of Commons, my officials assessed its impact on Wales and identified provisions requiring the Senedd’s consent. Any forthcoming data protection reforms by the UK Government will be…
, Plenary
Questions to the Counsel General and Minister for the Constitution
I thank you for some of those comments, and I certainly agree with you about the importance of focusing on the cost-of-living crisis; of course, that is the very reason why we actually think that the retained EU law Bill should, actually, be shelved or…
