Cynulliad Cenedlaethol Cymru | National Assembly for Wales
Y Pwyllgor Newid Hinsawdd, Amgylchedd a Materion Gwledig | Climate Change, Environment and Rural Affairs Committee
Fframweithiau cyffredin y DU ar amaethyddiaeth a’r amgylchedd | UK common frameworks on agriculture and environment
UK 03
Ymateb gan : Cymdeithas Llywodraeth Leol Cymru
Evidence from : Welsh Local Government Association
INTRODUCTION
1. The Welsh Local Government Association (WLGA) represents the 22 local authorities in Wales, and the three national park authorities, the three fire and rescue authorities, and four police authorities are associate members.
2. It seeks to provide representation to local authorities within an emerging policy framework that satisfies the key priorities of our members and delivers a broad range of services that add value to Welsh Local Government and the communities they serve.
3. WLGA welcomes this opportunity to feed comments into the Climate Change, Environment and Rural Affairs Committee’s inquiry into the issue of common frameworks on agriculture and environment.
General comments
4. It is important to state from the outset that during the referendum campaign WLGA was in favour of remaining within the EU. Any new arrangements are unlikely to deliver the same advantages as the UK enjoys as a full member. However, given the decision to leave, like most organisations WLGA can see the benefits of agreeing common frameworks. The UK market is of major significance to businesses in Wales and they would be disadvantaged by the introduction of ‘internal’ barriers to the movement of goods and services. Likewise, wider international trade would suffer from the introduction of different requirements by each of the devolved administrations.
5. Equally, much environmental legislation relates to features where, because of their very nature, there would be serious practical difficulties trying to operate different regulations and systems either side of a border – e.g. air quality; pollution control; flood prevention.
6. The Welsh (and Scottish) Government have made it clear that any frameworks should not be imposed but should be negotiated and agreed by all governments, respecting the devolution settlements. WLGA supports that position. However, we would go further. Many of the issues under discussion in relation to frameworks will have significant implications for local government – Trading Standards and Animal Health & Welfare services in particular. They are in many cases the bodies responsible for advising farm businesses on compliance issues and for inspection and/or enforcement. It is therefore equally important that local government has an input in to the development of frameworks.
7. To date discussions have been solely between the UK Government and the Devolved Administrations (DAs). This dialogue needs to be extended so that those in local authorities (LAs) who will have responsibilities under new frameworks are able to influence at this stage critical decisions as to how they will operate. That would be in line with the principles of the Well-being of Future Generations (Wales) Act 2015. Although the UK Government is not subject to this piece of legislation the Welsh Government is. It is therefore required to involve stakeholders, to seek integrated approaches in an attempt prevent potential complications emerging at a later date.
8. It is encouraging that the Legislation and Regulation sub-group of the Roundtable established by Lesley Griffiths has now started to plan stakeholder sessions on frameworks. WLGA has offered to help identify specialist officers in LAs who will be able to offer a practitioner viewpoint, based on first-hand experience of administering current systems.
9. For one block of EU laws that intersect with the devolved competence it has been suggested that no further action is required in relation to UK frameworks. In these cases it is believed that the UK Government and the DAs can develop their own arrangements without creating any significant complications. It will still be important, though, that LAs are involved in the development of these arrangements.
10.
For another block of 24 topics legislation may be needed to put
necessary frameworks in place. These will, therefore, have to be
the subject of detailed discussions between governments. Appendix 1
lists these 24 areas. The final
column
of the table explains local government’s roles and interests
– which are in many cases highly significant. It is essential
that these roles are acknowledged and that local government is able
to feed into the forward planning and not be presented with a
fait accompli.
11. Finally, on the first item in the table in Appendix 1, agricultural support is a particularly critical issue for LAs – especially those with a substantial rural population. Whilst a consultation on a UK Shared Prosperity Fund is planned later this year our understanding is that this will be the main source of replacement funding for EU Structural Funds (ERDF in particular) and thus will not cover rural development. Whilst commitments have been made by UK Government in relation to direct payments to farmers, no similar guarantees have been given to date in relation to Rural Development Programme funding. These guarantees need to be made as soon as possible to enable forward planning.
COMMENTS ON SPECIFIC QUESTIONS
In which policy areas, within the remit of the Climate Change, Environment and Rural Affairs Committee, are legislative and non-legislative common frameworks needed? and;
Does the provisional assessment published by the UK Government set out an appropriate approach and is it complete? Do you have any specific concerns about the proposed categorisation?
12. Identification of all the areas that intersect with devolved competences, and where common frameworks may be needed, is a major and complex undertaking that requires legal input. WLGA is not resourced to investigate all the various possibilities and has to accept that the UK and Welsh Governments between them will work this through. However, there has to be the possibility that frameworks will need to be developed in some cases where, initially, they were thought unnecessary. Likewise, where it was thought legal frameworks would be required, after further investigation it may be decided that they are not.
13. Time is a significant factor and, in the rush to sort this out, it would be surprising if everything was identified correctly first time. Inevitably, there will be reflection over time in light of experience. Involvement of key stakeholders such as LAs from the earliest stage will help to limit the number of false starts – and mis-categorisations - that are made.
How should both the legislative and non-legislative frameworks be developed and implemented?
14. As the comments above suggest, it will be vitally important that frameworks are developed and implemented in partnership with all relevant stakeholders. This should not be a case of governments working together to agree a consultation document and then seeking views. It needs active involvement of these stakeholders in working groups charged with the development of the frameworks. From a local government perspective the WLGA can help to manage this process, identifying individuals who can make a meaningful contribution.
15. Those who will be subject to new frameworks should also be considered as stakeholders – involvement should not be limited solely to those responsible for drawing frameworks up and then implementing /enforcing them. Again, LAs can assist by drawing in relevant organisations and bodies they have contact with on a regular, operational basis.
16. There will doubtless be concerns about delays if too many stakeholders have to be engaged. However, it is important to focus on making good decisions, not simply quick decisions. Experience has shown that more work and involvement ‘upstream’ produces better, more sustainable outcomes ‘downstream’– with a greater sense of ownership.
How prescriptive should the common frameworks be and how much discretion should each administration have within the frameworks?
17. As a general rule, frameworks should have sufficient prescription to give certainty to those who have to operate within them. The best way to achieve this is through involvement of key players during the development stage, so that thinking can be ‘road tested’ before being formalised.
18. The frameworks also need to be flexible enough to accommodate differences between the nations of the UK. Devolution has resulted in divergence of policies and legislation. Frameworks should seek to work with these differences and allow a degree of discretion, not to standardise. That suggests that frameworks should be kept fairly broad, with a degree of latitude, and not seek to specify down to a fine degree.