Welsh Lib Dems curtailed in bid for power over large scale energy developments (Montgomeryshire Liberal Democrats)

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Montgomeryshire Liberal Democrats <montlibdems@gmail.com>

Welsh Lib Dems curtailed in bid for power over large scale energy developments

October 14, 2008 12:00 AM

Welsh Liberal Democrat spokesperson for the Environment, Mick Bates AM, has taken steps forward in a bid for Wales to take control over large scale energy developments above 50MW. Sadly Mick has been curtailed by a provision under the Government of Wales Act 2006, which limits the legislation that can be proposed by backbench Assembly Members, excluding any call to 'remove or modify' a function of a Minister of the Crown.

Keen to see Wales have the power to decide on its own energy policy for the future, Mick Bates proposed a Legislative Competence Order calling for Wales to have control over energy developments over 50MW. However decisions over large scale developments currently reside with the Secretary of State, therefore the proposal has fallen foul of limitations under Schedule 5 of the Government of Wales Act.

Commenting, Mick stated:

"Backbench AMs have just a few opportunities each Assembly term to put forward their own legislation and I am disappointed that this bold and ambitious proposal has been curtailed.

"Wales has vast potential to generate its own renewable energy and yet in 2007 we were reported to have one of the worst carbon footprints in the world. It is vital that we have the power to decide our own direction for generating electricity and cutting emissions and not have to wait for decisions to be taken in Westminster before anything can move forward.

"The Planning Bill was a golden opportunity for Wales to secure power over large scale developments and the Liberal Democrats proposed an amendment to the Bill which would have allowed this to happen. Sadly the Labour party voted down our amendment, the Conservatives abstained and only one Plaid MP bothered to vote in favour.

"Wales should have the right to set its own agenda and to decide its own priorities, but instead it looks as though we will have to adopt whatever policy the UK Government decides. It is now up to the Assembly Government to move up a gear and convince Westminster colleagues that we must have this power, so that we can drive our country towards a more sustainable and greener future."

Ends/Diwedd

Notes:

The text of Mick's proposed LCO which was entered into the ballot this week read:

"The purpose of this Proposed Order is to devolve the consenting regime for large-scale energy developments to Wales. That is, on-shore projects with a capacity greater than 50MW."

Paragraph 1 Part 2 Schedule 5 of the Government of Wales Act 2006 reads as follows:

Part 2 - General Restrictions

Functions of Ministers of the Crown

1 (1) A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.

(2) A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Paragraph 7 Part 3 Schedule 5 of the Government of Wales Act 2006 reads as follows:

Part 3 - Exceptions from Part 2

Functions of Ministers of the Crown

7 Part 2 does not prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.