A REPORT published last week by the UK’s National Audit Office (NAO) says that although government departments have made progress in recent months implementing the changes required to systems, infrastructure and resources to manage the border at the end of the post-EU Exit transition period, it is still likely that widespread disruption will occur from January 1, 2021.
In its fourth report assessing government’s preparations at the border, the NAO highlights that planning for 1 January 2021 has built on work done for previous EU Exit deadline. The report says COVID-19 has exacerbated delays in government’s preparations and significant risks remain, particularly in relation to implementing the Northern Ireland Protocol and trader readiness more generally.
Departments have made progress towards implementing the systems, infrastructure and resources required to operate the border in relation to Great Britain at “minimum operating capability” by January 1 and are reasonably confident most will be ready, but timetables are tight. The ability for traders to move goods under transit arrangements is a key element of the government’s plans but some elements will be challenging to deliver in their entirety. HMRC currently estimates that there will be around 6.3 million movements of goods under transit arrangements in the year following the end of the transition period. If all the planned arrangements are not ready, this could have an impact on the ease with which traders can import and export goods.
There is little time for ports and other third parties to integrate their systems and processes with new or changed government systems, and contingency plans may need to be invoked for some elements. In part as a result of the delays caused by COVID-19, there is limited time to test individual elements and resolve any emerging issues; ensure elements operate together; familiarise users with them in advance and little or no contingency time in the event of any delays.
Even if the Westminster government makes further progress with its preparations, there is still likely to be significant disruption at the border from January 1, as traders will be unprepared for new EU border controls which will require additional administration and checks. The government’s latest reasonable worst-case planning assumptions, from September 2020, are that 40% to 70% per cent of hauliers will not be ready for these new controls and up to 7,000 lorries may need to queue at the approach to the short Channel crossings,6 such as Dover to Calais.
The government’s plan for reducing the risk of disruption at the approach to the short Channel crossings is still developing, with various issues yet to be resolved. It intends to launch a new GOV.UK web service called ‘Check an HGV is ready to cross the border’ for hauliers to check and self-declare that they have the correct documentation for EU import controls before travelling and obtain permits to drive on prescribed roads in Kent. However, there is more to do on how ‘Check an HGV’ will be enforced and how it will work together with traffic management plans for Kent.
Government is preparing civil contingency plans, such as to ensure continuity of the supply of critical goods and medicines in the event of any disruption to supply chains. On October 13, the Department for Transport announced it had awarded contracts to provide additional freight capacity for over 3,000 lorries a week on routes avoiding the short Channel crossings. However, COVID-19 is making civil contingency plans more difficult to enact, with local authorities, industry and supply chains already under additional strain.
The UK Government will also need to implement the Northern Ireland Protocol from January 1. However, due to the scale and complexity of the changes, the lack of time and the impact of ongoing negotiations, there is a very high risk it may not be implemented in time.
The government has left itself little time to mobilise its new Trader Support Service (TSS), in which it has announced it is investing £200 million, to reduce the burden on traders moving goods to Northern Ireland and to help them prepare. It will be challenging to establish the TSS by 1 January 2021. Work needs to be done to identify NI traders and sign them up to use the service; recruit and train the staff required; develop software to enable traders to connect to HMRC’s systems; and deliver educational activities to traders. There is also ongoing uncertainty about the requirements for the movement of goods under the Protocol. Therefore, there is still a high risk that traders will not be ready.
The government is spending significant sums of money preparing the border for the end of the transition period and, in 2020 alone, announced funding of £1.41 billion to fund new infrastructure and systems, and wider support and investment. Despite this, there remains significant uncertainty about whether preparations will be complete in time, and the impact if they are not. Some of this uncertainty could have been avoided, and better preparations made, had the government addressed sooner issues such as the need for an increase in the number of customs agents to support traders.
The NAO says that government must continue to focus its efforts on resolving the many outstanding issues relating to the border and develop robust contingency plans if these cannot be addressed in time for the end of the transition period.
Gareth Davies, head of the NAO, said: “The January 1 deadline is unlike any previous EU Exit deadline: significant changes at the border will take place and government must be ready. “Disruption is likely and the government will need to respond quickly to minimise the impact, a situation made all the more challenging by the COVID-19 pandemic.”
Covid-19 restriction relaxations in Wales brought forward
THE WELSH GOVERNMENT will be accelerating elements of its programme to relax Covid-19 restrictions as cases of new infections continue to fall across Wales, the First Minister today announced.
People will be able to form an extended household, visit the gym or take part in organised outdoor activities a week earlier than planned, as the public health situation – and vaccination rates – continue to improve.
The First Minister last week set out a detailed timetable for moving Wales firmly into alert level three. But some of these measures will now be introduced sooner than planned as cases have fallen markedly from 37 cases per 100,000 people to fewer than 21 per 100,000 this week.
The pressure on hospitals also continues to ease. Confirmed cases in hospital beds continue to reduce, and now stands at 89. This is 26% lower than last Thursday and is the lowest position since 22 September 2020.
The planned opening date for organised outdoor activities and outdoor wedding receptions will be moved forward to Monday 26 April from 3 May.
And, from Monday 3 May, a week earlier than previously signalled, gyms, leisure centres and fitness facilities will be able to reopen for individual or one-to-one training. Extended households will also be allowed again, enabling two households to meet and have contact indoors.
First Minister, Mark Drakeford said:
“The public health situation in Wales continues to improve thanks to everything you are doing to help us control this awful virus. Cases of the virus are falling and our incredible vaccination programme continues to go from strength to strength.
“Last week, we set out our programme to further re-open the economy and relax the restrictions we have lived with for so long, as part of our careful, step-by-step approach to keeping everyone safe. This week, because of the improvements we continue to see, we can bring forward some of our plans.
“This is only possible because of the efforts everyone is making to protect themselves and their loved ones.”
From Monday 12 April, the following relaxations will go ahead:
- The full return of children to schools for face-to-face education, all post-16 learners will return to further education and training centres, and university campus’ will be able to open for blended face-to-face/online learning for all students;
- All remaining shops will reopen, completing the phased reopening of non-essential retail;
- All remaining close contact services will open, including mobile services;
- Travel restrictions on traveling into and out of Wales will be lifted. However, restrictions on travel to countries outside the Common Travel Area without a reasonable excuse, remain in place. The Common Travel Area means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland;
- Wedding ‘show-arounds’ by appointment are allowed;
- Restrictions on political canvassing are removed, subject to canvassers doing so safely.
- Further easements to restrictions in the coming weeks will be subject to the public health situation remaining favourable. These will be confirmed at the next three-weekly review of the coronavirus regulations on 22 April.
On Monday 26 April:
- Outdoor attractions, including funfairs and theme parks, would be allowed to reopen;
- Outdoor hospitality can resume, including at cafes, pubs and restaurants. Indoor hospitality will remain closed except for takeaways;
- Organised outdoor activities for up to 30 people can again take place (previously Monday 3 May);
- Weddings receptions can take place outdoors for up to 30 people (previously Monday 3 May).
On Monday 3 May (previously Monday 10 May):
- Gyms, leisure centres and fitness facilities can reopen. This will include individual or one-to-one training but not exercise classes;
Extended household will again allow two households to meet and have contact indoors.
- As set out in the revised Coronavirus Control Plan, a small number of outdoor pilot events of between 200 and 1,000 people are also being planned.
Criticism of Labour’s water pollution policy grow
JANET FINCH-SAUNDERS MS – the Shadow Environment and Rural Affairs Minister – has backed a call from rural economy agency Country Land and Business Association (CLA) Cymru for a targeted response to water pollution in Wales.
Last week, a motion to annul the regulations narrowly failed to pass after Labour used its bloc vote.
Labour has twice voted against rescinding the Welsh Government’s NVZ policy and used a procedural ruse to ram the legislation through without scrutiny.
Among those aiding and abetting Labour was the outgoing MS for Dwyfor Meirionnydd, Dafydd Elis Thomas. He was joined by Caroline Jones, formerly of UKIP, who is odds-on to lose her regional seat at May’s election. Education Minister Kirsty Williams, the Senedd’s sole Liberal Democrat MS, did not vote at all, not even to abstain.
Despite notionally representing a rural area of Wales, Eluned Morgan and Joyce Watson backed the controversial rules, which could drive Pembrokeshire’s small local dairy farmers out of business.
RIGHT OBJECTIVE WRONG METHOD
Fraser McAuley, CLA Policy Advisor, said: “The Government’s laudable objectives can be better met by an approach which focuses attention where it’s most needed. Where a problem doesn’t exist, we should not be imposing unnecessary costs on a hard-pressed sector in a future of uncertainty.
“The crude closed-periods for nutrient-spreading will do everything to encourage more intense spreading in the open-periods. This limits farmers’ capacity to choose the right ground-conditions to add nutrient. In some instances, this could make matters worse!”
Mr McAuley continued: “We really don’t believe the Welsh Government has allocated sufficient resource to do the job. We will be pressing-hard for more capital support through the Farm Business and Sustainable Production Grants. Penalising hard-stretched farmers will lead to more departures from the business by small operators. The livelihood of many small family farms is at-stake.
“We’ve got a great opportunity to get this right in the White Paper on Agriculture. Here, we can create a solution that fits into the big picture: creating a prosperous farming sector based on sustainable land management principles. This is the real goal.”
WG HASN’T LISTENED TO THE SCIENCE
Janet Finch-Saunder said: “CLA Cymru is bang on the money here over Labour’s unfair stance on nitrate vulnerable zones (NVZ).
“As Welsh Conservatives have repeatedly said, a blanket NVZ policy discriminates against farmers who are abiding by the regulations. A targeted approach focused on where it’s most needed means resources can be better and more efficiently applied.
“Unlike Labour, which is peddling a myth that the voluntary approach has failed, I would look to back the Blue Flag Farming approach. We should pursue the Water Standard and work to deliver on the 45 recommendations by the Wales Land Management Forum Sub-Group on agricultural pollution., They have been entirely ignored by the Welsh Government.
“The pandemic hasn’t helped, but farmers in Wales have had a tough time under Labour. Imposing unnecessary costs on this vital sector of the Welsh economy helps no-one and won’t solve the problem.”
Preseli Pembrokeshire MS Paul Davies said: “These excessive and disproportionate proposals will have a massive impact on the viability of many farms across Wales. Even then, Natural Resources Wales has warned that the proposed new rules will have the perverse outcome of making water quality worse.
“The regulations will threaten the sustainability of many farms in Pembrokeshire and have a serious impact on farmers’ mental health. And they will do this while there is still no clear evidence that this action will actually deliver the improvements in water quality that they have set out to achieve.”
Carmarthen East & Dinefwr’s MP, Jonathan Edwards, went further and accused the Welsh Government of stoking a ‘culture war’ between farmers and the environmental lobby for electoral advantage.
Mr Edwards said: “There is nothing new surrounding issues of slurry management. I am, therefore, baffled as to why the Labour Government are so intent on bringing forward this poorly thought out measure a month before an election.
“Creating an all-Wales NVZ seems completely ham-fisted. A more subtle policy would have concentrated on problematic geographical areas instead of a blanket all-Wales policy.
“The Labour Government have also failed to consider the emergence of innovative slurry management technology.
“Coleg Sir Gar Gelli Aur campus has been working on a dewatering and purification system for slurry resulting in zero waste. The Labour Government should be using its environmental budget to help the industry make the transition to the use of new technology.”
Jonathan Edwards concluded: “Unfortunately, the Labour Government have decided to engage in the politics of culture war. Its creating division between farmers and the environmental lobby instead of working collaboratively on areas of mutual interest.
“Instead of using farmers as a political football, the Labour Government should be working with our agricultural sector. Its members are already having to contend with the huge challenges created by the Tory British Government’s Brexit policy.”
Plaid Cymru’s candidate for Preseli Pembrokeshire, Cris Tomos, said: “It is concerning that the Labour Welsh Government continues to ignore farmers and the farming unions.
“These regulations could be detrimental to the farming community, especially to the Welsh family farm.
“The Labour Welsh Government should be making every effort to work with farmers.”
Cris Tomos added: “It is also concerning that, on the one hand, Labour has pledged to fulfil its ‘One Million Welsh Speakers’ promise, and on the other, it continues to betray the industry with one of the highest rates of Welsh speakers.”
A TIGHT TIMETABLE
If Labour intends to plough on with its legislation, it really has to get its skates on.
The Senedd term ends soon. After that point, Labour will not be able to lay its new regulations.
It has not even published them yet. And that leaves farmers in limbo.
Farmers will not know the detail of the divisive and costly new rules until days before they are due to come into force.
How the Welsh Government can ask a regulator to enforce those rules without a lengthy lead-in is something the Welsh Government has not set out. It has also provided no extra funding to its environment watchdog, NRW, to deal with the rules’ impact and enforcement.
Having promised a Clean Air Act for Wales in its 2016 manifesto, it is nowhere near bringing any such legislation forward. It appears it’s more in the presentation and consultation than in the statute book.
Labour Senedd members and ministers who have been remarkably silent on agriculture for the last five years now express a deep and abiding interest in the topic.
As Jonathan Edwards notes above: you’d think there was an election coming.
In contrast to its green branding, Labour withdrew business rates support from small hydropower businesses. It claimed the cost of rates relief to them could not be afforded due to the Covid pandemic. It saved under £1m.
Regardless of when the Welsh Government publishes its regulations, it faces a potential legal challenge from NFU-Cymru. NFU-Cymru says the Welsh Government failed to follow its own rules on the rules’ impact before forcing them through the Senedd.
Labour ministers pressed on without knowing what would happen in practice or, worse, simply turned a blind eye to the consequences. They also ignored the Impact Assessment of the Welsh Government’s own regulator.
Meanwhile, Labour’s Rural Affairs Minister, Lesley Griffiths, broke repeated promises made to the Senedd and farming unions about the regulations’ introduction during the pandemic.
Unfunded, unenforceable rules of unknown impact are unlikely to achieve their aim: that’s not a compelling legislative legacy.
Suppose Labour cannot form a majority government propped up by votes from individuals like Dafydd Elis Thomas. In that case, it will need to haggle over its future plans or face legislative deadlock. Anyone would think there was an election coming.
Senedd approves Wales’ National Curriculum
MEMBERS of the Senedd voted to pass the National Curriculum Bill’s final text, meaning the Curriculum for Wales will now be introduced in 2022.
Throughout the debate on its final stage, which took place on Tuesday (March 9), opposition members praised Wales’ Education Minister, Kirsty Williams. Members from all sides saluted her patience and diligence in guiding a significant piece of legislation onto the statute book.
Even members who disagreed with the Bill’s content and opposed its passage highlighted the Minister’s personal contribution and commitment to creating Wales’ first national Curriculum.
A NATIONAL MISSION
The Bill was the subject of intensive scrutiny and broad consultation.
Speaking in the Senedd, Mrs Williams said the Bill’s passage was ’a national mission’.
“It would have been simpler to cook up plans in Cathays Park in a back office and issue a ‘take it or leave it’ offer,” the Education Minister said.
She continued: “But our combined efforts with teachers, academics, parents, and many organisations here and abroad is worth so much more because of that ‘national mission’ spirit.”
Kirsty Williams paid a personal tribute to Labour MS Lynn Neagle, Chair of the Children’s and Young Persons’ Committee.
Under Lynn Neagle’s leadership, the Committee rigorously scrutinised the Bill and made a series of recommendations in its text.
Of the Labour backbencher, Kirsty Williams said: “I conclude by thanking Lynne Neagle for her tough, astute, tenacious, sometimes bloody-mindedness in her approach to this legislation. I mean that as a compliment, Lynne.
“As I said earlier, the results of the committee’s work have made this a better Bill.”
She had similarly warm words for her Conservative opposite number, Suzy Davies.
Mrs Williams acknowledged: “She has worked incredibly hard on this Bill, and I know that she’s been fully committed to the scrutiny process. As I said in opening my comments today, I think we have a better Bill due to the CYPE committee’s efforts. I have gone to great lengths to try and respond positively to the cross-party report that the Committee published to try and meet those aspirations.”
Like Mrs Williams, Suzy Davies steps down as an MS in May. She was unable to attend the debate.
Despite the Minister’s warm words, the new Curriculum’s journey to the statute book has not been without controversy.
Activists railed against the Curriculum’s Religion Values and Ethics element and its focus on Welsh language teaching’s importance to all of Wales’ pupils. The inclusion of Relationships and Sex Education (RSE) in the Curriculum provoked vituperative responses from a small group of parents. They opposed children receiving what they’ve claimed will be inappropriately explicit sexual education.
Senior Policy Researcher for NSPCC Cymru/Wales, Dr Sarah Witcombe-Hayes says: “The strength of support for mandatory relationships and sexuality education to be included in the new Curriculum for Wales by leading child protection experts and charities highlights what a game-changer this is.
“The changes are long overdue, but in passing this Bill Senedd members are helping to protect children and young people from abuse – making sure every child and young person in Wales can access high quality RSE that is relevant, sensitive and appropriate to their own capacities and needs.
“It will help all learners understand their rights to safe, healthy and fulfilling relationships throughout their lives, and schools must now be supported and fully resourced to deliver inclusive and high quality RSE from September 2022.”
Regarding Welsh Language teaching and RSE, those with genuine concerns had those worries preyed upon to grandstanding political effect by fringe political movements, such as Ukip and Abolish the Assembly (sic.)
Speaking for the latter group, Gareth Bennett said: “The downgrading of English teaching in the interest of immersion in Welsh is a sinister development. It will surely disadvantage Welsh schoolchildren who are not from a background of speaking Welsh at home.”
Dr Felix Aubel, a noted controversialist, said: “UKIP would divert millions of pounds by abolishing the legal requirement to forcibly impose the Welsh language on people.”
Like Abolish, UKIP will campaign on a platform of abolishing Welsh parliamentary democracy.
Those organisations’ concerns on Welsh language education ignore the fact Welsh is the national language of Wales. Every credible educational study underlines how children benefit from bilingual education.
HISTORY TEACHING CONCERNS PLAID
On Tuesday, further and concerted criticism of the new Curriculum came from Plaid Cymru.
Perturbed by the absence of Welsh history’s teaching, Plaid’s Sian Gwenllian announced the party would vote against the Bill in its final stage.
Plaid’s Shadow Education Minister said that, although her party supported the Bill’s direction of travel: “Plaid Cymru argued for the inclusion of two other mandatory elements that could also contribute towards creating that social, far-reaching transformation that we want to see, namely the history of Wales in all of its diversity, including black and people of colour history, and environmental education, including climate change.
“There is no assurance [these subjects] will be given due attention, and for me, that is a fundamental flaw within the Bill. Guidance simply isn’t enough. It’s easy to scrap guidance or change it, unlike issues that have a statutory basis and are included on the face of the Bill.
“We will, therefore, vote against the legislation today.”
In response, Kirsty Williams said: “For the absolute avoidance of any doubt, Welsh histories and the story of Wales will be a compulsory part of this Curriculum. It is included in the statutory guidance that has already been issued and will have a statutory underpinning.
“There will be no way a school cannot teach the history of Wales. Indeed, every single area of learning and experience must have a golden thread of a celebration of Welsh identity in all its diversity in every area.”
The Minister observed acidly: “I accept it’s election time, and there are petitions and e-mails to be sent, but it’s regrettable, as I said, on this historic day, with the opportunity for the first time in our nation’s history to have our own curriculum, that The Party of Wales will choose to vote against.”
TIME TO PREPARE
The Bill passed by 32 votes to 18 with one abstention. Four Conservative Senedd Members voted with the Government, including Conservative leader Andrew RT Davies.
Following Royal Assent, which is anticipated in April, the Bill will become the Curriculum and Assessment (Wales) Act 2021.
Last year, the Minister published an updated action plan setting out the next steps in Wales’ reform journey, ahead of the new Curriculum’s introduction.
Alongside the updated ‘Our National Mission’ action plan, the Welsh Government also published a document setting out shared expectations of what curriculum realisation means for practitioners and schools from 2022. Curriculum for Wales.
The journey to 2022 has been created to help schools prepare for designing and implementing their Curriculum. In January, the Welsh Government published the Curriculum Implementation Plan, which will steer its work with partners to deliver the Curriculum for Wales.
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