Written Assembly Questions tabled on 7 November 2016 for answer 14 November 2016
R - Signifies the Member has declared an interest.
W - Signifies that the question was tabled in Welsh.
(Self-identifying question no. shown in brackets)
Written Questions must be tabled at least five working days before they are to be answered. In practice, Ministers aim to answer within seven/eight days but are not bound to do so. Answers are published in the language in which they are provided, with a translation into English of responses provided in Welsh.
To ask the First Minister
Steffan Lewis (South Wales East): Does the First Minister expect the National Assembly to participate in a vote on triggering Article 50? (WAQ71408)
Answer received on 15 November 2016
The First Minister (Carwyn Jones): In light of the High Court decision, we believe there should be a vote in the National Assembly for Wales.
To ask the Cabinet Secretary for Economy and Infrastructure
Russell George (Montgomeryshire): For what purpose has £9.7 million capital funding been allocated to the Life Sciences Sector for 2017-18? (WAQ71412)
Russell George (Montgomeryshire): What outcomes is the Minister expecting for the approximately £2.9 million revenue budget allocation for the Life Sciences sector? (WAQ71413)
Answer received on 15 November 2016
The Minister for Skills and Science (Julie James): Life Sciences are an important driver of economic growth and improved well being. The aims and objectives of the Life Sciences Sector are closely aligned with a number of the ‘Well-Being’ goals such as reducing unemployment and inequalities, raising people out of poverty through job creation, increasing wealth and developing high-end skills. Capital and revenue budgets are allocated in order to support a range of strategic initiatives such as the Life Sciences Hub; a physical resource that connects and concentrates the Life Sciences ecosystem by bringing activity, people, policy and knowledge together across academic, business, clinical and investor organisations, which is vital to drive innovation in products, services and therapies. Capacity building projects in the field of Regenerative Medicine provide much needed facilities for businesses to locate and grow in Wales, whilst direct grant support to sector businesses help companies to create new jobs and wealth in Wales. Success will be based on capturing increases in sector employment and tracking the wider economic, health and well being benefits to Wales.
To ask the Cabinet Secretary for Health, Well-being and Sport
Rhun ap Iorwerth (Ynys Môn): How many cancer patients received a molecular diagnostic test during 2015/16 and how many patients were eligible for such testing? (WAQ71421)
Answer received on 15 November 2016
The Cabinet Secretary for Health, Well-being and Sport (Vaughan Gething): In 2015/16, around 1250 patients received molecular diagnostic testing to predict treatment or confirm diagnosis for colorectal, lung, malignant melanoma and gastrointestinal stromal tumours. In addition, around 560 breast and ovarian cancer patients received testing for the BRCA breast cancer fault genes.
Estimates for the number patients eligible for molecular diagnostic testing are not available.
Rhun ap Iorwerth (Ynys Môn): When does the Minister anticipate that every eligible cancer patient will be receiving molecular diagnostic testing? (WAQ71422)
Answer received on 18 November 2016
Vaughan Gething: Testing for a relatively small group of genes is currently available for patients with colorectal, lung, melanoma, breast and ovarian cancer solid tumours.
A Welsh Government-led taskforce is developing a Genomics for Precision Medicine Strategy. This will identify the developments in genomics which are needed in Wales to underpin more accurate molecular diagnostic testing and better prediction of response to treatments. It will also propose key actions to support molecular diagnostic testing for a range of disease areas, including cancer, in line with the expected demand and benefits to patients. As such it is not possible to say when these tests and treatments will be available for every eligible cancer patients.
Janet Finch-Saunders (Aberconwy): Will the Minister outline what support will be provided to local authorities in producing strategies for public toilets, under a new Public Health (Wales) Bill? (WAQ71426)
Answer received on 11 November 2016
The Minister for Social Services and Public Health (Rebecca Evans): The Public Health (Wales) Bill requires Welsh Ministers to issue guidance to Local Authorities on preparing, reviewing, consulting on and publishing a local strategy.
The guidance must specifically cover the assessment of need for toilets for public use in a local authority area, including for users of highways and active travel routes and for visitors to sites or events of cultural, sporting, historic, popular or national significance. Other issues that must be included in the guidance are access to toilets in publicly funded premises (such as libraries, museums and private sector premises receiving a Public Facilities Grant) and raising public awareness of toilets available for use by the public. The guidance must also cover the interim progress statements that Local Authorities will be required to produce in relation to their toilet strategies.
In developing the guidance, Welsh Ministers will consult with key stakeholders to ensure it is fit for purpose. Local Authorities must have due regard to the guidance.
To ask the Cabinet Secretary for Environment and Rural Affairs
Huw Irranca-Davies (Ogmore): What more is the Minister able to do to assist and empower National Resources Wales in stopping the unsafe recycling of waste following a breach of permit? (WAQ71409)
Answer received on 15 November 2016
The Cabinet Secretary for Environment and Rural Affairs (Lesley Griffiths): We are working with Natural Resources Wales (NRW) to develop new powers to help tackle waste crime which will come into force next year. These powers will enable NRW to lock the gates of a waste site to prevent more waste from entering the site and to serve a notice on those occupiers or landowners who unlawfully keep or allow waste to be kept on their land to remove the waste.
Huw Irranca-Davies (Ogmore): Will the Minister consider using additional measures in supporting National Resources Wales/ Planning Officers Society Wales (POSW) when revoking permits of repeat offenders until they take the necessary steps towards rectifying mismanaged waste? (WAQ71410)
Answer received on 15 November 2016
Lesley Griffiths: Natural Resources Wales (NRW) already has powers available under the permitting regime to serve notices to suspend or revoke permits. NRW can specify in these notices the necessary steps which an operator must take to remove risk of pollution on site and to return the site to a satisfactory state.
Local Planning Authorities already have powers to take enforcement action to prevent or remedy breaches of planning control and the use of these powers is supported by guidance provided by Welsh Government.
Huw Irranca-Davies (Ogmore): What more is the Minister able to do to assist Natural Resources Wales, following the closure of a waste management site, which is in breach of its permit, to ensure its permanent closure or temporary closure until the issues have been resolved? (WAQ71411)
Answer received on 15 November 2016
Lesley Griffiths: Under the Environmental Permitting Regime, Natural Resources Wales have powers to suspend or partially suspend a permit where there is a risk of pollution. They also have powers to revoke an environmental permit. These can be used to ensure the permanent or temporary closure of a site until issues following the breach of permit have been resolved. Natural Resources Wales can specify the necessary steps in these notices which an operator needs to take to remove risk of pollution on site and to return the site to a satisfactory state.
Huw Irranca-Davies (Ogmore): Will the Minister consider assisting the POSW in liaising with local authorities to provide them with good and effective planning practice? (WAQ71414)
Answer received on 15 November 2016
Lesley Griffiths: We work closely with POSW and already have a commitment to work with them to give further consideration to planning and permitting issues. We will write to both POSW and Natural Resources Wales to take forward work to build on this, including how local planning authorities approach the enforcement of planning permissions.
Huw Irranca-Davies (Ogmore): How will the Minister consider the wellbeing and interests of affected individuals prior to a new waste management facility being granted planning permission? (WAQ71415)
Answer received on 15 November 2016
Lesley Griffiths: Natural Resources Wales (NRW) receives independent, specialist advice and support from Public Health Wales to minimise exposure to, and health impacts from, environmental hazards.
As part of the consultation process the Environmental Public Health Service (a collaboration between Public Health Wales’ Health Protection Team and Public Health England’s Centre for Radiation, Chemical and Environmental Hazards in Wales) provides public health risk assessments to environmental permitting applications from NRW. This assists the Regulator in making decisions on whether to grant permits to regulated facilities.
When deciding to grant planning permission, Local Planning Authorities should ensure that adverse environmental impacts are minimised and risks to human health are avoided. As is the case with regard to the permitting system, public health advice is provided to Local Planning Authorities on proposed or existing developments.
Huw Irranca-Davies (Ogmore): Apart from the Proceeds of Crime Act 2002 that may be used by Natural Resources Wales to recover illegal profits in more serious cases, what other effective legal pathways can be used to penalise poor waste management? (WAQ71416)
Answer received on 15 November 2016
Lesley Griffiths: Natural Resources Wales (NRW) has a range of enforcement and sanctioning tools available to penalise poor waste management. Legislation provides a range of powers including stop notices, suspension notices, enforcement notices and the ability to require restoration or remediation of sites. Ultimately, NRW can partially revoke or fully revoke a permit to stop a site operating. The regulations also enable NRW to bring proceedings in the High Court to seek an injunction against a company or an individual to stop an activity or to require specific action. We have recently made it easier to use this power by removing the statutory pre-condition that required NRW to demonstrate that prosecution would not be an effectual remedy.
Where there has been a prosecution for a criminal offence, there is scope for Natural Resources Wales to seek a Criminal Behaviour Order which are designed to tackle the most serious and persistent anti-social individuals where their behaviour has brought them before a criminal court.
Following the recent Waste Crime Call for Evidence we are continuing to look at other enforcement options, such as a Fit and Proper Person Test which will look at options for ensuring that permits are only granted to competent and responsible operators.
Huw Irranca-Davies (Ogmore): Will the Minister consider working with POSW/Natural Resources Wales to ensure that applications for planning consent and permits for future waste management sites are of a high quality standard? (WAQ71417)
Answer received on 15 November 2016
Lesley Griffiths: Good quality applications and supporting information are integral to the permitting and planning regimes. Natural Resources Wales (NRW) and Planning Authorities provide guidance to applicants to explain what information will be necessary to determine an application. If necessary, they will also undertake pre-application discussions with an applicant to ensure applications are of a high quality.
For an environmental permit, an application must be made on a standard template form provided by the regulator and the operator must provide any additional information required by the regulator. Without this information, an application is not duly made. This requirement is reinforced by Government Guidance and supported by a series of guidance notes on environmental permitting produced by NRW. This requirement ensures the regulator has sufficient information and applications for permits are of a high quality.
An updated Technical Advice Note (TAN) 21 Waste was published in 2014 alongside a waste planning practice guide. Together, these documents contain comprehensive planning guidance, including a specific requirement to submit a waste planning assessment with every application for a waste management facility. The primary aim of the waste planning assessment and the practice guide is to improve the quality of planning applications and planning outcomes.
Huw Irranca-Davies (Ogmore): In reference to the short debate on 5 October, how will the Minister consider enforcing the new penalty tariff effectively? (WAQ71418)
Answer received on 15 November 2016
Lesley Griffiths: Enforcement of penalties is a function of the UK Government’s Ministry of Justice. The Sentencing Council has issued guidelines under Section 120 of the Coroners and Justice Act 2009. Under section 125(1) of the Act, every court must follow the relevant guidelines when sentencing an offender unless they consider that to do so would be contrary to the interests of justice.
Huw Irranca-Davies (Ogmore): In reference to the short debate on 5 October, how does the Minister suggest the sector should improve itself in order to remove the 'rogue element from the industry'? (WAQ71419)
Answer received on 15 November 2016
Lesley Griffiths: The waste and resource management industry provides a critical service to the Welsh economy, creating jobs and ensuring the huge volume of material discarded every day is collected and managed effectively.
I want to see improved compliance through regulation which will ensure responsible businesses can operate on a level playing field and reduce unfair competition from the small part of the sector who undercut these businesses and in doing so, fail to meet the required standards or operate outside the law.
We need to prevent fires at waste sites which damage our environment, putting our communities at risk and wasting resources. Businesses in the waste sector and their clients who use sites in the waste sector must work together and report any suspicious activity to Natural Resources Wales (NRW) and the Local Authority. We need good collaboration between industry, regulators and other agencies, such as the Fire and Rescue Service, to help improve standards, close down poor operators and deal with illegal sites. Industry should support the work to developFire Prevention Action Plans and incorporate the recommended measures into their activities. I have sponsored the secondment of a Fire Prevention Officer into NRW to help with providing advice and support to both the regulator and site operators.
Waste producers must fully comply with Duty of Care requirements when making arrangements with contractors to take wastes for treatment. They must ensure all care and diligence is taken to ensure that waste is only passed to authorised operators and that these operators are fully in compliance with the conditions of their planning consent and environmental permit. An information campaign, “right Waste, right Place”, is underway which will inform and help businesses and establishments meet their Duty of Care obligations as straightforwardly as possible.
Huw Irranca-Davies (Ogmore): Will the Minister outline any further options that are being explored since the short debate on 5 October that will positively support National Resources Wales/POSW in stopping the breaches of planning and environmental permits? (WAQ71420)
Answer received on 15 November 2016
Lesley Griffiths: I said in the short debate, we are working on new powers to enable Natural Resources Wales to lock the gates of a site to physically stop access and powers to make those who unlawfully keep or allow waste to be kept on their land responsible for the removal of the waste. We are looking at provisions for a new fit and proper person test to improve competence in the industry and to restrict unsuitable operators of waste facilities. We are also reviewing some of the activities exempt from the need to have a permit to reduce their potential for abuse.
These matters are not simple or quick changes to the law, they will require risk assessment, consultation and in some cases a change to primary legislation. However, I would emphasise there is already a range of powers available to Natural Resources Wales which can be used to stop breaches of environmental permits. These include stop and enforcement notices and the powers to suspend or revoke permits. The use of these existing powers along with proactive regulation, inspection and monitoring of sites by Natural Resources Wales will help to tackle breaches of environmental permits.
Local Planning Authorities already have powers to take enforcement action to prevent or remedy breaches of planning control and the use of these powers is supported by guidance provided by Welsh Government. We work closely with POSW and already have a commitment to further consider the interface between planning and permitting. My Planning Officials will write to both POSW and NRW to take forward work to build on this commitment.
To ask the Cabinet Secretary for Communities and Children
Janet Finch-Saunders (Aberconwy): Will the Minister provide a breakdown of all funding provided under the Communities Facilities Programme since its inception, to include the year of each award, the purpose for which the funding was given, and if providing, safeguarding or re-introducing a valuable community service, whether this was a success? (WAQ71423)
Answer received on 15 November 2016
The Cabinet Secretary for Communities and Children (Carl Sargeant): Please see attachment for a breakdown of funding provided through the Community Facilities Programme since its introduction in 2014.
As the first of the projects was only completed in the summer of 2015, it is too early to measure success. However, monitoring has commenced and will continue for a 5 year period.
Janet Finch-Saunders (Aberconwy): In light of the reduction in the Draft Budget of the Communities Facilities Budget Expenditure Line from £10.95 million to £2 million, will the Cabinet Secretary make a statement on the importance of the introduction of a Community Right to Bid in Wales? (WAQ71424)
Answer received on 15 November 2016
Carl Sargeant: I refer the member to my answer to WAQ 71423
Janet Finch-Saunders (Aberconwy): Will the Minister provide further detail as to what infrastructure development of the Emergency Services Network he envisages to be taken forward with the proposed additional £300,000 in the Fire & Rescue Services capital budget outlined in the Draft Budget 2017-18? (WAQ71425)
Answer received on 15 November 2016
Carl Sargeant: The Welsh Government is a partner, along with the Scottish and UK Government, in the Emergency Services Network programme which entails a wide range of infrastructure development. Most expenditure at this stage is on the development of mast sites required for 4G network coverage.