This document provides a translation of correspondence received from
VAB3 Cytun –  Churches together in Wales  

Senedd Cymru | Welsh Parliament

Y Pwyllgor Cyllid | Finance Committee

Bil Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) | Visitor Accommodation (Register and Levy) Etc. (Wales) Bill

Ymateb gan Cytun –  Eglwysi ynghyd yng Nghymru  | Evidence from Cytun – Churches together in Wales (Welsh only)

General principles

1. What are your views on the general principles of the Bill and the need for legislation to deliver the Welsh Government’s stated policy objective, which is to:

§    ensure a more even share of costs to fund local services and infrastructure that benefit visitors between resident populations and visitors;

§    provide local authorities with the ability to generate additional revenue that can be invested back into local services and infrastructure to support tourism;

§    support the Welsh Government’s ambitions for sustainable tourism?

(We would be grateful if you could keep your answer to around 500 words).

We understand the first two objectives, but have taken a neutral stance on them. However, we are concerned that the bureaucratic requirements of the registration regime, and the threat of a penalty for failure to comply, could mean that the operators of some contributions to sustainable tourism – such as affordable accommodation for walkers, religious retreats and so on – may decide that they are unable to meet the administrative requirements and would, therefore, cease operation, undermining the relevant policy objective. 

The Bill’s implementation

The Regulatory Impact Assessment is set out in Part 2 of the Explanatory Memorandum (https://senedd.wales/media/g5ipwvwh/pri-ld16812-em-e.pdf). This includes the Welsh Government’s assessments of the financial and other impacts of the Bill and its implementation.

2. Are there any potential barriers to the implementation of the Bill’s provisions? If so, what are they, and are they adequately taken into account in the Bill and accompanying Explanatory Memorandum and Regulatory Impact Assessment?

(We would be grateful if you could keep your answer to around 500 words).

The Regulatory Impact Assessment notes that Cytun and the Inter-faith Council for Wales have been consulted, and we are grateful for this opportunity and for the inclusion of a restriction on the requirement to register to accommodation provided “in the course of trade or business”. Despite this, we continue to be concerned about the regulatory impact on accommodation such as retreats operated on a charitable basis. We are also concerned tha the Impact Assessment does not adequately recognise the onerous regulatory impact on these retreats, especially if they are dependent on volunteers for their administration.

3. Are any unintended consequences likely to arise from the Bill?

(We would be grateful if you could keep your answer to around 500 words).

The main potential unintended consequence would be to hinder the work of charitable providers.

4. What are your views on the Welsh Government’s assessment of the financial and other impacts of the Bill?

(We would be grateful if you could keep your answer to around 500 words).

No comments further to the above.

Subordinate legislation

The powers to make subordinate legislation are set out in Part 1: Chapter 5 of the Explanatory Memorandum (https://senedd.wales/media/g5ipwvwh/pri-ld16812-em-e.pdf).

The Welsh Government has also set out its statement of policy intent for subordinate legislation (https://business.senedd.wales/documents/s155951/Statement%20of%20Policy%20Intent.pdf).

5. What are your views on the balance between the information contained on the face of the Bill and what is left to subordinate legislation? Are the powers for Welsh Ministers to make subordinate legislation appropriate?

(We would be grateful if you could keep your answer to around 500 words).

We are concerned about the extent of the powers given to Welsh Ministers in Section 2, clauses 2(5), 4(5), 7, 9(5), and in Section 3 to amend the text of the Bill itself. Shifting the responsibility for legislating on this matter from the legislature to the Government, particularly where additional burdens in terms of administration and taxation are placed on small businesses, is not appropriate, in our view.  

Other considerations

6. Do you have any views on matters related to the quality of the legislation?

(We would be grateful if you could keep your answer to around 500 words).

We would like to see more provisions being included on the face of the Bill rather than being left to subordinate legislation. Legislation that has hidden impacts when debated at the Senedd is not good legislation.

7. On 26 November, the Cabinet Secretary wrote to the Finance Committee with some indicative additional registration and enforcement provisions (https://business.senedd.wales/documents/s155952/Letter%20from%20the%20Cabinet%20Secretary%20for%20Finance%20and%20Welsh%20Language%20Indicative%20Stage%202%20amendments%20that%20.pdf) he intends to bring forward at Stage 2 of the legislative process (https://senedd.wales/NAfW%20Documents/Assembly%20Business%20section%20documents/Guide%20to%20the%20Legislative%20Process/Guide_to_the_Legislative_Process-eng.pdf).

Do you have any views on the indicative additional registration and enforcement provisions the Welsh Government intends to bring forward at Stage 2?

(We would be grateful if you could keep your answer to around 500 words).

We regret that these provisions were not part of the Bill that was introduced. We are concerned about the threat of significant penalties for charities and small businesses for minor administrative errors, particularly when there is no recourse to a hearing in a court of law.

8. Are there any other issues that you would like to raise about the Bill, the accompanying Explanatory Memorandum and Regulatory Impact Assessment, or any related matters?

(We would be grateful if you could keep your answer to around 500 words).

No