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Written Assembly Questions tabled on 8 January 2016 for answer on 15 January 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 Minister for Natural Resources

Andrew RT Davies (South Wales Central): Following recent bad weather from storm Desmond in Cumbria and northern England, what action is being taken by the Welsh Government to improve flood defences in Wales? (WAQ69587)

Answer received on 21 January 2016

The Minister for Natural Resources (Carl Sargeant): This was the wettest December since records began for both England and Wales. However, we have not seen widespread flooding in Wales which might have been expected, thanks to our preventative investment in flood schemes across Wales.

Flood risk management has been a key priority even before the recent bad weather and over the lifetime of this Government we are investing over £240 million, supported by a further £47 million from Europe. Over 12,000 properties have seen their flood risk reduced – this total is expected to increase as totals from all risk management authorities are collated.

This winter alone we completed schemes protecting over 4000 properties including schemes at Rhyl, Dolgellau, Borth, Cardiff, and along the Severn Estuary. Other recent big schemes include a £17 million investment for coastal defence at Colwyn Bay, a £6.9 million scheme in the Lower Swansea Vale, a £3 million scheme in Rhydyfelin and a £740,000 scheme in Beaumaris.

Following the recent flooding, £3.3 million of funding has been made available for local authorities across Wales to carry out emergency works and to progress small scale maintenance schemes. Investment is continuing, and I announced £4.2 million funding for the Boverton and Porthcawl schemes in my oral statement on the 12 January, alongside the recent announcement of £3 million for St Asaph and £3 for coastal risk management.

In addition to this, the Welsh Government is working with local authorities across Wales planning a £150 million programme of capital investment in coastal risk management from 2018 to 2021 helping to improve flood defences along the whole coast of Wales.

Andrew RT Davies (South Wales Central): Will the Minister provide the annual budget for flood defences in Wales for the last three financial years, plus 2016/17? (WAQ69588)

Answer received on 21 January 2016

Carl Sargeant:

Over the past three financial years we have invested £161.7 million into flood and coastal erosion risk management in Wales.  This is broken down as follows:

2013/14 - £57.2 million

2014/15 - £52.1 million

2015/16 - £51.38 million

The draft budget for 2016/17 is currently £44.93 million

Andrew RT Davies (South Wales Central): Will the Minister outline what process was used in relation to the appointment of the chair of the Animal Health and Welfare Framework Group in 2014 and the reappointment from 7 April 2015 to 31 May 2018? (WAQ69610)

Answer received on 21 January 2016

Rebecca Evans:  The current Chair of the Wales Animal Health and Welfare Framework Group was originally publically appointed as Chair of the Wales Animal Health and Welfare Strategy Steering Group in May 2012.

The Steering Group was disbanded in 2014 in line with the end of the Great Britain Animal Health and Welfare Strategy.  It was agreed by the then Minister for Natural Resources and Food that the Chair would continue through the remaining period of his appointment to help develop the new Wales Animal Health and Welfare Framework. In addition he was able to provide independent input into the establishment of the new Wales Animal Health and Welfare Framework Group.  The Chair was then re-appointed by Ministers as Chair of the Wales Animal Health and Welfare Framework Group in March 2015.    

Although these appointments do not come within the remit of the Commissioner for Public Appointments, the process followed accounted for the Commissioner's Code of Practice on Ministerial Appointments to Public Bodies as best practice.

Llyr Gruffydd (North Wales): Does the Minister agree that every local authority should consider how their planning decisions can safeguard and contribute to improving use of the Welsh language? (WAQ69617W)

Answer received on 19 January 2016

The Minister for Natural Resources (Carl Sargeant): As result of the Planning (Wales) Act every local planning authority must give consideration to the use of the Welsh language when they prepare a Local Development Plan, and the Welsh language may be considered in decision making where it is material to the application.

Llyr Gruffydd (North Wales): Does the Minister intend to consult on Technical Advice Note 20 in its entirety in light of the Planning (Wales) Act 2015 and will the Minister explain the rationale behind his decision on this? (WAQ69618W)

Answer received on 19 January 2016

Carl Sargeant: An updated version of TAN 20 was issued on 4 January for a 12 week public consultation.  The Planning (Wales) Act 2015 means certain parts of TAN 20 need to be updated and stakeholders are invited to provide their views on the proposals until 30 March.

Janet Haworth (North Wales): How much has the Welsh Government committed to spending on flood defences in the years 2011/12, 2012/13, 2013/14, 2014/15 and 2015/16? (WAQ69623)

Answer received on 21 January 2016

Carl Sargeant:

Commitment to flood risk management, including European funding, in Wales over the past five financial years is broken down as follows:

2011/12 - £51.9 million

2012/13 - £52.7 million

2013/14 - £57.2 million

2014/15 - £52.1 million

2015/16 - £51.38 million

Janet Haworth (North Wales): What assessment has the Welsh Government made of the percentage of people who are aware that they live in a flood-risk area? (WAQ69624)

Answer received on 21 January 2016

Carl Sargeant: As stated in our National Strategy for Flood and Coastal Erosion Risk Management in Wales, we will ensure everyone who lives in a flood risk area understands the flood risk they are subject to and the consequences of this risk.

Many organisations are working together to make people aware of their flood risk, in particular Natural Resources Wales, local authorities and the water companies. Natural Resources Wales are achieving this through their Flood Awareness Wales Programme.

Since the Flood Awareness Wales Programme began in July 2010, it has engaged with over 56,135 people, signed up 8,395 properties to receive free warnings and developed 1051 flood plans for homes and businesses which include schools, caravan parks and medical centres that help protect 31,407 people across Wales. The Programme focuses on developing community flood plans which are supported and tested by local flood plan volunteers. Currently, there are 391 people doing this important role.

Flood Awareness Wales officers support communities to develop and test their local flood plans to ensure they will work during a flood, through using real life scenarios and exercises.

In 2015/16 Flood Awareness Wales' target was to make an additional 9000 people more aware of, and prepared for, flooding, through their activity. The actual figure achieved by the end of December was 11,979 people.

Janet Haworth (North Wales): How many properties in Wales are at risk of flooding? (WAQ69625)

Answer received on 21 January 2016

Carl Sargeant: There are 208,500 properties at risk of flooding from rivers and the sea in Wales. There are approximately 163,000 properties with a 1 in 1000 or greater chance from surface water flooding. Some of these properties are also at risk from river and/or sea flooding.

Janet Haworth (North Wales): Are there any developments currently being built on areas at risk of flooding? (WAQ69626)

Answer received on 15 January 2016

Carl Sargeant:

Planning Policy Wales and Technical Advice Note15 set out the Welsh Government's planning policy on flood risk and clearly state that highly vulnerable development, including new homes, should not be approved in areas at risk of flooding.  The Welsh Government issued a Notification Direction in 2012 which prevents local planning authorities from granting permission for 10 or more dwellings in the C2 flood zone without first referring the application to Welsh Ministers. 

Local planning authorities provide statistics on the number of new dwellings granted and refused planning permission in C1 and C2 flood risk areas.  The 2014/15 returns received from 18 LPAs (out of 25) indicate that permission was granted for 17 new dwellings in C1 and C2 flood risk areas against the advice of Natural Resources Wales. These figures comprise permissions on sites accommodating fewer than10 dwellings.

Janet Haworth (North Wales): How much money has been spent on damage to both residential and commercial properties in Wales as a result of flooding? (WAQ69627)

Answer received on 21 January 2016

Carl Sargeant:

The cost of damages to residential and commercial properties following the recent storms and flooding is yet to be assessed.  Under Section 19 of the Flood and Water Management Act 2010, local authorities are required to investigate flood incidents.  These reports will now commence and provide more information on the properties flooded and the costs involved.

The NRW review into the coastal storms in winter 2013/14 estimated repairs to flood risk management assets to rebuild resilience to properties and infrastructure at £8.1 million.  The review also estimated that as a result of our investment, during these winter storms only 1% of properties at risk were affected, this represents damages avoided of almost £3 billion. Welsh Government assistance after the 2013/14 storms totalled over £10 million to help repair damaged defences, public realm and tourism infrastructure.

The Welsh Government has made £3.3 million available to local authorities to help re-build resilience in light of the recent storms. Officials have asked for bids to be submitted by the end of January.

Janet Finch-Saunders (Aberconwy): How is the Minister working to alleviate the impact of flooding on historic environment sites, listed buildings and natural heritage sites in the Conwy Valley? (WAQ69629)

Answer received on 21 January 2016

Carl Sargeant: Flood risk management is a key priority and over the lifetime of this Government we are investing over £240 million, supported by a further £47 million from Europe. The priority for this investment must be to lower the risk to life from flooding and the protection of homes and businesses, and this winter we have completed schemes protecting over 4000 properties including schemes at Rhyl, Dolgellau, Borth, Cardiff, and along the Severn Estuary.

Notable schemes in Conwy include a £17 million investment for coastal defence at Colwyn Bay and an £8 million investment at Llanwrst. In addition, Conwy received £3.8 million in response to the winter storms of 2013/14.

In addition to this, the Welsh Government is working with local authorities including Conwy County Borough Council planning a £150 million programme of capital investment in coastal risk management from 2018 to 2021.

We would not want to see historic environment sites, listed buildings and natural heritage sites lost due to flooding. Risk Management Authorities such as Conwy County Council and Natural Resources Wales are expected to apply for Welsh Government funding if such a need arises. Any bid will be considered through the flood risk management programme where risk to life, homes and businesses remain the key priorities.

Janet Finch-Saunders (Aberconwy): What consideration has the Minister given to the use of reforestation and tree planting as a means to combat flooding, with particular regard to the uplands of the Conwy Valley? (WAQ69630)

Answer received on 21 January 2016

Carl Sargeant: We promote natural flood risk management wherever it can provide real benefits to a scheme. Natural resource management (including Natural Flood Management) is a key component of our upcoming Environment Bill, as well as the Wellbeing of Future Generations Bill and is a part of our flood and coastal risk management policy.

Hard defences will always be necessary, but can become even more effective when used alongside natural measures. Improved land management at a catchment scale may be able to reduce the need for larger and larger defences through holding back water upstream. For example, the planting of trees in suitable areas could slow water run-off to an extent; while agreeing for certain land upstream to flood naturally can also offset problems downstream.

The Welsh Government has been considering opportunities for natural flood and wider resource management for some time, including through the Glastir agri-environment scheme, the Nature Fund and schemes like the one recently completed at Pontarddulais.  For example the recent Nature Fund project in the Elwy catchment used natural measures to reconnect the river with the floodplain.

Darren Millar (Clwyd West): Given potential fire and other risks, what consideration has the Welsh Government given to the introduction of regulation on the installation of log-burning stoves in Wales? (WAQ69640)

Answer received on 15 January 2016

Carl Sargeant:

The statutory requirements for the installation of solid fuel appliances, which includes log burning stoves, are covered within Part J of the Building Regulations 2010.  Approved Document J provides guidance on the installation and commissioning of solid fuel appliances, including the provision of carbon monoxide detectors.

Approved Document J is available to download from the Welsh Government Website via the following web link:

http://gov.wales/topics/planning/buildingregs/publications/part-j-heat-appliances/?lang=en

The Building Regulations require that notifiable installations of solid fuel appliances are undertaken by persons approved by a competent persons scheme or alternatively inspected by Building Control bodies (local authority or private approved inspectors).

Julie Morgan (Cardiff North): What work has been undertaken so far and what is planned to ensure greater awareness of the new code of practice in snares by snare users in Wales? (WAQ69641)

Answer received on 15 January 2016

Rebecca Evans:

A whole range of partners were involved in the development of the Snares Code of Practice for Fox Control and we are working with them to make sure the Code is widely disseminated and publicised in Wales. It was promoted during the Winter Fair and is available on the Welsh Government web page.  Several partner organisations have also published the Code on their websites. 10,000 hard copies of the code have been printed and copies are available at Welsh Government divisional offices.

Julie Morgan (Cardiff North): What are the statutory barriers which prevent the introduction of Welsh legislation to regulate or ban the use of snares in Wales? (WAQ69642)

Answer received on 21 January 2016

Rebecca Evans:

There are a number of legislative provisions which regulate the use of snares in Wales.  Should changes be proposed to this legislate framework, depending on the nature of the changes proposed, primary legislation could be required.

Julie Morgan (Cardiff North): Will the Minister commission an independent review to assess the animal welfare implications of the continued legal status of snares in Wales? (WAQ69643)

Answer received on 15 January 2016

The Minister for Farming and Food (Rebecca Evans):

We have only recently introduced a new Code of Practice for the use of snares in Wales, the aim being that this will improve animal welfare standards. Consequently, no independent review is currently planned.

Julie Morgan (Cardiff North): What legislative competence is required to enact a deposit return scheme in Wales? (WAQ69644)

Answer received on 15 January 2016

Carl Sargeant:

The legislative competence would depend on how a proposed scheme would operate.

Determining whether the National Assembly for Wales has the competence required to enact a scheme would require detailed analysis of the scheme.

To ask the Minister for Public Services

Kirsty Williams (Brecon and Radnorshire): How much funding has been allocated per annum over the last Assembly term, including proposed funding within the Draft Budget Settlement 2016-17, for diversion and prevention services in Wales in relation to offending and reoffending by children and young people? (WAQ69612)

Answer received on 15 January 2016

The Minister for Public Services (Leighton Andrews):

The Youth Justice Budget lines have provided £4.715m in 2011/12; £4.950m in 2012/13; £5.200m in 2013/14, 2014/15 and 2015/16. The funding for 2016/17 has reduced in line with budget reductions to  £4.420m. This grant funding for Promoting Positive Engagement for Young People (at risk of offending)  better describes the support it offers in preventing and deterring young people from offending and reoffending. 

Kirsty Williams (Brecon and Radnorshire): Will the Minister make a statement on her support for the continuation of the Youth Justice Board's holistic, multi-agency approach to youth offending in Wales? (WAQ69613)

Answer received on 15 January 2016

Leighton Andrews: We have had a joint strategy in place with the Youth Justice Board since 2004 and we continue our holistic approach to preventing young people from offending through the implementation of the Children and Young People First Strategy and its accompanying Delivery Plan. Over the course of the Strategy so far we have together, committed to the delivery of both the new case management approach for Youth Offending Teams in Wales and the effective resettlement and reintegration for young people at the end a community or custodial sentence.

Kirsty Williams (Brecon and Radnorshire): Will the Minister make a statement on the future of youth justice statutory resettlement support panels? (WAQ69614)

Answer received on 15 January 2016

Leighton Andrews:  The establishment of the resettlement panels in Wales is ground breaking at international level. In 2013, the Welsh Government and Youth Justice Board set up a number of panels as part of a joint Resettlement Programme. I am looking to bring forward Regulations in the near future to make resettlement panels a statutory requirement. 

To ask the Minister for Finance and Government Business

Kirsty Williams (Brecon and Radnorshire): Will the Minister provide a breakdown of spending on 'Improving Economic and Labour Market Statistics' within the central services and adminstration main expenditure group of the Draft Budget Settlement 2016-17? (WAQ69615)

Answer received on 15 January 2016

The Minister for Finance and Government Business (Jane Hutt): Decisions on the breakdown of expenditure from this budget will be finalised as part of discussions surrounding the final budget.

To ask the Minister for Education and Skills

Aled Roberts (North Wales): Will the Minister make a statement on the automatic registration of pupils eligible for free school meals? (WAQ69611)

Answer received on 15 January 2016

The Minister for Education and Skills (Huw Lewis):

Free school meals are available to pupils of families in maintained schools in Wales who are in receipt of certain support payments. The information about the eligibility criteria is contained in the link below.

http://gov.wales/topics/educationandskills/schoolshome/foodanddrink/freeschoolmeals/?lang=en

Free school meals are awarded where the eligibility criteria are met and a request has been made by, or on behalf of the parent or pupil for free school meals. Free school meal eligibility cannot be awarded for a pupil without a request for free school meals having been made by, or on behalf of the parent or pupil. A local authority may contact a parent/carer to ask them if they would like to apply for free school meals for their child(ren). This allows parents, pupils and carers to choose whether or not to apply.

 Where a local authority utilises the eligibility checking system, checks can be undertaken to check a claimant's ongoing entitlement. This eliminates the need for a claimant to reapply annually. It is for local authorities to determine how often they should carry out checks to determine whether a claimant is still entitled to free school meals for his/her child(ren).

Andrew RT Davies (South Wales Central): Will the Minister provide the pupil comparison figures demonstrating the amount spent per pupil per year in secondary education in Wales compared to those in England? (WAQ69616)

Answer received on 19 January 2016

Huw Lewis:

The Welsh Government's Chief Statistician has determined it is not currently possible to draw a valid comparison between per pupil school expenditure in Wales and in England. An explanatory update was published by the Chief Statistician in March 2015 and is available at the following location: 

http://gov.wales/docs/statistics/2015/150511-chief-statisticians-update-issue-4-en.pdf

Comparison between education funding in Wales and England has been getting steadily more difficult as systems in both countries have diverged, and in particular with the rollout of the academies programme in England leading to different funding mechanisms and data collections within England. It is not therefore currently possible to compare per pupil expenditure in a meaningful way for specific sectors.

The Welsh Government continues to publish detailed financial information on school expenditure and this is available from StatsWales at the following location:

http://gov.wales/statistics-and-research/local-authority-budgeted-expenditure-schools/?lang=en

Aled Roberts (North Wales): Given the additional responsibilities allocated to the Education Workforce Council since it was established, can the Minister provide a detailed list of the Welsh Government's definition of that body's current 'statutory and core functions' as referred to in the Explanatory Memorandum to the Education Workforce Council (Registration Fees) (Wales) Regulations 2016? (WAQ69632)

Aled Roberts (North Wales): With regard to point 7.13 of the Explanatory Memorandum to the Education Workforce Council (Registration Fees) (Wales) Regulations 2016, which elements of the Teachers Development and Support BEL 4880 have been identified for re-prioritisation in the event of a shortfall in funding for the Education Workforce Council in 2016-17? (WAQ69633)

Aled Roberts (North Wales): What modelling work has been undertaken to assess the costs of professional development responsibilities being transferred to the Education Workforce Council? (WAQ69634)

Answer received on 15 January 2016

Huw Lewis: The main functions of the Council are set out under Section 4 of the Education (Wales) Act 2014.

There is already an element of funding within the Teacher Development and Support BEL that is specific to costs associated with the work carried out by the Council on behalf of the Welsh Government. In the unlikely event of a shortfall in funding obtained through the fee level, areas of Welsh Government work that is administered by the Council will be re-prioritised.

In due course, I will be seeking the views of those in the education system in Wales on whether we should develop an enhanced role for the EWC, which may include professional learning.

However, I have been clear that I want to ensure that the Council is given the appropriate time to 'bed in', focussing on their main functions of registration; including the new categories of practitioners.

Angela Burns (Carmarthen West and South Pembrokeshire): What is the Welsh Government's position on the sustainability of higher education funding in Wales? (WAQ69635)

Answer received on 19 January 2016

Huw Lewis:

This Government is committed to supporting a strong, world-class higher education system in Wales.   Independent reports by the WAO and the National Assembly for Wales Finance Committee on higher education finances have confirmed that the current system of HE funding is sustainable for the lifetime of this government.   Latest UCAS data indicates that recruitment to Welsh universities continues to increase with Welsh institutions accepting a higher number of students.

The new tuition fee regime has increased income to the sector despite a sustained period of austerity.  Wales is a net importer of students and our institutions have seen their income grow since the changes that we introduced in 2012.  Annual income to the Higher Education sector from private and public sources is more than £1.3 billion.

Angela Burns (Carmarthen West and South Pembrokeshire): What is the Welsh Government's position on the current level of maintenance support available for Welsh students? (WAQ69636)

Answer received on 19 January 2016

Huw Lewis:

The Welsh Government has no plans to remove maintenance grants for Welsh students. We have always maintained that access to higher education should not depend on ability to pay and that students should not be burdened with unmanageable levels of debt.

The current student support package and funding for higher education in Wales is being reviewed by the independent panel chaired by Professor Sir Ian Diamond. Sir Ian will submit his final report and recommendations in the autumn.

Angela Burns (Carmarthen West and South Pembrokeshire): Does the Welsh Government have any policies in place that will help to keep Welsh students studying in Wales? (WAQ69637)

Answer received on 19 January 2016

Huw Lewis:

Our tuition fee policy is based on the fundamental principle that the choice of institution and course for Welsh students should be driven by individual circumstances and need. Our priority is to ensure that access to higher education is based on an individual's ability to benefit not what they can afford to pay.  That is why, following the UK Government's decision to significantly increase tuition fees in England in 2012-13, the Welsh Government decided to protect Welsh students from higher levels of debt, wherever in the UK they wanted to study.

The latest UCAS data shows that since the reforms this government introduced in 2012 the number of Welsh students entering higher education has increased. 

Angela Burns (Carmarthen West and South Pembrokeshire): Will the Minister explain how he is helping schools implement effective educational technology within the classroom? (WAQ69638)

Answer received on 15 January 2016

Huw Lewis: Through the Learning in Digital Wales programme, the Welsh Government is providing all maintained schools in Wales with access to an extensive range high-quality digital classroom tools and resources that support learners and teachers in transforming their classroom practices. An element of this programme includes a range of training and support opportunities to ensure teachers are fully prepared to embed these new approaches into their daily activities.

To ask the Minister for the Economy, Science and Transport

Eluned Parrott (South Wales Central): Will the Minister confirm that the Welsh Government owns the rights to place advertising on its fleet of TrawsCymru buses? (WAQ69620)

Answer received on 15 January 2016

The Minister for the Ecomony, Science and Transport (Edwina Hart): Under existing contractual arrangements, no advertising is permitted on the exterior of TrawsCymru branded buses. However operators are allowed to sell advertising space internally on the buses.

Eluned Parrott (South Wales Central): What assessment has the Minister made of potential revenue from selling advertising space on the Welsh Government's fleet of TrawsCymru buses, breaking any figures down by service number? (WAQ69621)

Answer received on 15 January 2016

Edwina Hart: We are currently making preparations to directly manage TrawsCymru contracts and will consider potential revenue from advertising as part of this work.

Eluned Parrott (South Wales Central): How much revenue has been generated from selling advertising space on the Welsh Government's fleet of TrawsCymru buses, breaking figures down by financial year and service number? (WAQ69622)

Answer received on 15 January 2016

Edwina Hart: This is a commercial matter for the individual bus companies who operate TrawsCymru services.

Andrew RT Davies (South Wales Central): Will the Minister provide a breakdown of expenditure to date on proposals to upgrade the A55; including but not limited to legal fees, design work, and public consultation? (WAQ69628)

Answer received on 19 January 2016

Edwina Hart: A breakdown of costs to date per scheme is as follows.

To ask the Minister for Health and Social Services

Kirsty Williams (Brecon and Radnorshire): Will the Minister make a statement on the availability of NHS hospital staff over the Christmas and new year period? (WAQ69619)

Answer received on 21 January 2016

The Minister for Health and Social Services (Mark Drakeford): As in previous years, NHS organisations have worked closely with local authorities to develop integrated winter plans in preparation for this winter. These included a focus on staffing cover over the Christmas and New Year period.

Despite robust plans being in place, like other parts of the UK, Wales has experienced some staffing challenges which has impacted on health and social care services' ability to staff additional capacity during spikes in pressure.  More emphasis has therefore been put on reducing bed occupancy through admission avoidance, early discharge planning, timely assessment of care and support needs through joint working planning arrangements.  

Where there have been some staffing gaps, health and social care organisations have provided additional support in and out of hospitals to ensure people received the urgent and emergency care they needed.

The Deputy Minister for Health's written statement about winter pressures is available at: http://gov.wales/about/cabinet/cabinetstatements/2016/winterpressures/?lang=en