26/02/2008 - Answers issued to Members on 26 February 2008

Answers issued to Members on 26 February 2008

[R] signifies that the Member has declared an interest.
[W] signifies that the question was tabled in Welsh.

Contents

Questions to the Deputy First Minister and Minister for the Economy and Transport

Questions to the Minister for Children, Education, Lifelong Learning and Skills

Questions to the Minister for Finance and Public Service Delivery

Questions to the Minister for Environment, Sustainability and Housing

Questions to the Minister for Health and Social Services

Questions to the Minister for Heritage

Questions to the Minister for Rural Affairs

Questions to the Minister for Social Justice and Local Government

Questions to the Counsel General and Leader of the House

Questions to the Deputy First Minister and Minister for the Economy and Transport

Michael German (South Wales East): When will the Ebbw Vale to Cardiff railway line be open to the public? (WAQ50878)

Substantive answer following holding reply.

The Deputy First Minister and Minister for the Economy and Transport (Ieuan Wyn Jones): Blaenau Gwent County Borough Council, which is responsible for delivering the project, is working with their delivery agents to ensure that all outstanding works are completed to enable passenger services to commence and an announcement will be made at that time.

Kirsty Williams (Brecon and Radnorshire): Will the Minister provide an update on the Assembly Government’s Green Job Strategy? (WAQ51366)

The Deputy First Minister: The Minister for the Environment, Sustainability and Housing and I are considering proposals for the first component of the All Wales Green Jobs Strategy. Work on the Strategy as a whole is now in hand and is expected to be available for consultation during the summer.

Questions to the Minister for Children, Education, Lifelong Learning and Skills

Kirsty Williams (Brecon and Radnorshire): With regard to WAQ50549, how will the different special educational needs be broken down in the attainment statistical bulletin; and will that include those children who have a special educational need but who do not have a statement; or are not on school action/school action plus? (WAQ50879)

Kirsty Williams (Brecon and Radnorshire): Will the Welsh Assembly Government publish data on the total number of children (not just those with the statements or on school action/school action plus) in schools in Wales who have i) Visual Impairment ii) Hearing impairment iii) a physical disability? (WAQ50880)

Substantive answer following holding reply.

The Minister for Children, Education, Lifelong Learning and Skills (Jane Hutt): Final responsibility for the content, format or timing of National Statistics rests with the Chief Statistician of the Welsh Assembly Government. This is in accordance with the National Statistics Code of Practice and specifically the National Assembly for Wales Protocol on Release Practices.

My officials in the Statistical Directorate inform me that the Statistical Bulletin, due to be published in March 2008, will contain a breakdown of attainment split by the four categories available in the Annual School Census:

• No special provision

• School Action

• School Action Plus

• Statemented

Information on the specific special need of a pupil is only collected if the pupil is statemented or on school action / school action plus. Therefore, an analysis of the number of pupils with specific special needs, and their educational attainment, is not possible for pupils deemed to have no special provision.

Data on the number of statemented or school action / school action plus pupils by specific special need type were published in December 2007 in the statistical volume 'Schools in Wales: General Statistics 2007’ and can be found in Chapter 8 at the following link:

http://new.wales.gov.uk/topics/statistics/publications/swgs2007/?lang=en

Kirsty Williams (Brecon and Radnorshire): Will the Minister publish any guidance that she issues to local authorities when they are formulating school re-organisation proposals; or that she uses in considering any decision that she is called to make on school re-organisation proposals; with specific regard to the needs of children who have i) a sensory impairment or ii) a physical disability; and in particular the retention of any specialist provision for such children in any schools involved in a re-organisation? (WAQ50887)

Substantive answer following holding reply.

Jane Hutt: National Assembly for Wales Circular 23/02 (a published circular) sets out the policy context and general principles which need to be taken into account by local authorities and certain other bodies wishing to bring forward school re-organisation proposals. The guidance, which also covers the re-organisation of special educational needs provision, also explains the criteria which the Minister will apply in reaching decisions on proposals which come to her for determination.    

Jonathan Morgan (Cardiff North): How many secondary schools in Wales offer a) the Welsh Baccalaureate; b) International Baccalaureate and c) both? (WAQ50951)

Substantive answer following holding reply.

Jane Hutt: a) The centres in Wales which currently offer the Welsh Baccalaureate Qualification are set out in the table below. I will be announcing the centres that will be offering the Welsh Baccalaureate Qualification from September 2008, in the second phase of post 16 roll-out, shortly.

Centres in Wales Offering Welsh Baccalaureate Qualification

* 14 of these schools and 11 of these colleges are also offering the WBQ as part of the post-16 roll-out.

b) and c) The International Baccalaureate is offered in one secondary school, Whitchurch High School, Cardiff and two further education colleges, Coleg Llandrillo and Swansea College. All of these three also offer the Welsh Baccalaureate Qualification. In addition, two independent schools offer the International Baccalaureate.

Jonathan Morgan (Cardiff North): How many secondary school pupils study a) the Welsh Baccalaureate and b) the International Baccalaureate? (WAQ50952)

Substantive answer following holding reply.

Jane Hutt: a) The numbers of learners currently registered at centres in Wales for the Welsh Baccalaureate Qualification are set out in the table below. Further learners will commence Welsh Baccalaureate Qualification programmes in September 2008 and I will be announcing the centres that will be offering the Welsh Baccalaureate Qualification from September 2008, in the second phase of post 16 roll-out, shortly.

Welsh Baccalaureate Qualification and International Baccalaureate Learners Registered at Centres in Wales

b) A total of 264 learners are registered for the International Baccalaureate at centres in Wales. Of these 207 are registered at independent schools.

Jonathan Morgan (Cardiff North): What additional resources have been allocated to schools to implement the 14-19 agenda? (WAQ50955)

Substantive answer following holding reply.

Jane Hutt: The Welsh Assembly Government is committed to transforming 14-19 provision in Wales and all young people’s opportunities. This is being done by extending choice and flexibility; securing individually tailored learning pathways that meet learners’ needs and providing richer opportunities and experiences which will help young people develop the skills they need for life and work.

The Learning and Skills (Wales) Measure, which was launched by the Deputy Minister for Skills, John Griffiths, for consultation on 15 January 2008, is intended to drive forward the implementation of Learning Pathways in Wales, setting out the distinct approach being taken to developing 14-19 provision. It will ensure that all learners can access their entitlement to the 6 key elements of the Learning Pathways framework.

14-19 Networks based on each local authority area and involving partners from all sectors, including schools, are working hard to implement 14-19 Learning Pathways. £32.5m has been made available this year to support implementation of the policy, and this represents considerable investment in 14-19 Learning Pathways by the Welsh Assembly Government. We are already seeing the benefits of the 14-19 agenda in many schools throughout Wales, ensuring our young people have the opportunities available to meet their aspirations. 14-19 Learning Pathways will allow all learners to have the opportunity to take vocational options as well as academic, when choosing from a wide options menu.

14-19 Networks are also looking at the total 'envelope’ of funding available to this age range recognising that the full implementation for all learners will mean changing existing patterns and provision as well as extending choices and support.

Darren Millar (Clwyd West): Following the announcement made in England regarding compulsory cooking classes for 11 to 14 year olds does the Minister intend to introduce a similar scheme in Wales? (WAQ51113)

Substantive answer following holding reply.

Jane Hutt: As part of the revised Design and Technology Order in the new school curriculum to be implemented from September 2008, food will become a compulsory material in the programmes of study for both Key Stages 2 and 3. Pupils will have opportunities to practise, safely and hygienically, a broad range of practical food preparation and cooking tasks and to consider current healthy eating messages and nutritional needs. This information was sent to schools in Wales in January.

In January 2008 similar changes to the curriculum in England were announced.

In Wales guidance is being prepared on 'Food and Fitness’ in order to help schools plan and provide effective education on this important aspect of health and well being.

Questions to the Minister for Finance and Public Service Delivery

Jonathan Morgan (Cardiff North): How many areas of land have been sold by the Welsh Assembly Government during the past eight years and what profit was realised? (WAQ51220)

Substantive answer following holding reply.

The Minister for Finance and Public Service Delivery (Andrew Davies): Between 1999-00 and 2006-07, the Welsh Assembly Government sold 205 units of land. The total net surplus on the sale of fixed assets, including assets other than land and buildings, shown in the annual accounts in this period was £37.5m. These figures exclude sales by Assembly Government Sponsored Bodies, the NHS, local government or other public sector bodies in Wales.

Questions to the Minister for Environment, Sustainability and Housing

Nicholas Bourne (Mid and West Wales): How many homes have been built on flood plains or in areas at high risk of flooding in Wales since 1999? (WAQ51186)

Substantive answer following holding reply.

The Minister for Environment, Sustainability and Housing (Jane Davidson): We have not previously collected specific data of this nature.

However, from April 2008 it should be possible to establish the number of housing completions in flood risk areas over the previous year, drawing on information required in accordance with revised Technical Advice Note 1: Housing Land Availability, published in 2006.

Nick Ramsay (Monmouth): What assessment has the Minister made of the impact that the proposed closure of HM Revenue and Customs’ Valuation Office in Newport will have on the environment, through increased travel by employees? (WAQ51205)

Substantive answer following holding reply.

Jane Davidson: None. The decision is a matter for the UK Government.

Darren Millar (Clwyd West): Which local authorities in Wales have ceased weekly collections of residual household rubbish according to records held by (a) the Welsh Assembly Government and (b) the Welsh office of the Waste and Resources Action Programme? (WAQ51212)

Substantive answer following holding reply.

Jane Davidson: All local authorities in Wales maintain regular and comprehensive waste collection services for their residents. Eight local authorities in Wales have introduced fortnightly collections of residual waste to at least some of the households in their areas alongside alternate collections of recyclable and compostable materials. They are: Conwy, Denbighshire, Newport, Torfaen, Wrexham, the Isle of Anglesey and Gwynedd and Carmarthenshire. Other local authorities in Wales are also considering enhancing their collection services in this way.

I also refer you to my answer to WAQ51189 on 11 February.

WRAP (the Waste and Resources Action Programme) does not keep records of individual local authority services.

Darren Millar (Clwyd West): Will the Minister provide a copy of the Assembly Governments response to Department for Business, Enterprise and Regulatory Reform regarding Npower’s revised plans for the Gwynt y Mor Wind Farm? (WAQ51350)

Jane Davidson: I have provided you with a copy of the Assembly Government’s letter to the Department of Business, Enterprise and Regulatory Reform providing comments on the Gwynt y Mor offshore windfarm proposal. The text is as follows:

APPLICATION BY NPOWER RENEWABLES LIMITED FOR CONSENT TO CONSTRUCT THE GWYNT Y MOR WINDFARM OFF THE NORTH WALES COAST

THE ELECTRICITY ACT 1989 SECTION 36 (AS AMENDED)

I refer to your letter of 9 August 2007 concerning the further revision of the original application submitted by Npower Renewables on behalf of its subsidiary, Gwynt y Mor Offshore Limited, to construct  an offshore windfarm development at Gwynt Y Mor, off the North Wales Coast.  We apologise for the delay in responding.

As requested, the revised documentation in respect of the application by Npower Renewables relating to the S36 consent has been circulated within the Welsh Assembly Government and through our colleagues to our statutory advisers and sponsor bodies.  I understand that Cadw and CCW have responded to you directly.

Please note that if there have been any substantive changes to the revised application since receiving your correspondence, the Welsh Assembly Government will not have considered these as part of this response.

Whilst this response addresses the BEER’s determination of consent under Section 36 of the Electricity Act 1989 other consents are required by the proposed development including the issuing of a licence under Section 5 of the Food and Environment Protection Act 1985 (FEPA licence). This is a function devolved to the National Assembly for Wales and therefore colleagues in the Assembly Government's Environment Sustainability and Housing Department are dealing with it separately.  Their statutory role in authorising the FEPA consent is recognised by this response, but does not form part of it and this letter therefore does not in any way prejudice that process.

The Welsh Assembly Government has taken a strategic but objective approach in its consideration of the Gwynt Y Mor proposal. Like any other form of renewable development, each application has to be considered on its merits affording equal weight to economic, environmental and social issues.  

We would reconfirm that the proposal is broadly in line with the Welsh Assembly Government’s renewable energy commitments and it is recognised that the proposed development, if constructed, would contribute to the UK and Welsh targets for renewable electricity generation and would make a contribution in part to climate change commitments. Nevertheless, the Gwynt y Mor proposal presents a significant development to an area of coastline in North Wales and consequently there are a number of concerns that remain to be addressed in order to mitigate the potential impact on environmental, social and economic issues.

The Welsh Assembly Government responded to the original application and Environmental Statement through its letter of 23 March 2006 in which we called for a Public Inquiry to be held based on our view on six key areas, namely Appropriate Assessment (AA), marine mammals, project design, historic landscape, tourism and visual impact.  In light of the SEI and refinement of the project the following comments relate to the additional information and our outstanding concerns.

Appropriate Assessment

We asked that you undertook an AA into the impact of the development we await the outcome of your considerations to understand whether the impacts will affect the integrity of Liverpool Bay and the European Protected Species.  I would also be grateful if you can confirm how the AA will inform the consent process.

Marine Mammals 

As regards marine mammals we acknowledge that the developer through the SEI has provided additional information to address most of the concerns raised. However, we would wish to support the CCW's call for a mammal mitigation plan that reflects all the  stages of the development from construction to decommissioning to be drawn up in conjunction with them before any construction is started.

Design Layout

We note that the SEI provides a series of turbine layout options which has provided refinement and clarification of the turbine size and number and the subsequent resulting reduction in the windfarm area. We are still awaiting confirmation on foundation specifications which is required as the development may  cause disturbance to European Protected Species and needs to be considered in the context of the Conservation (Natural Habitats &c) Regulations 1994 (as amended).  As you will be aware the Welsh Assembly Government is the licensing authority under the Habitats Regulations.

Historic Landscape

We are pleased that the SEI now contains details of the assessment of historic landscapes; however, we still remain concerned that deviation to the methodology was not agreed with Cadw in advance. If it had been agreed the developer would have been advised given the size of the development the necessity to include assessment of the larger character area along with the specific viewpoints for impact on the landscape.

In addition we would not accept that the impact from the three offshore windfarms in Welsh waters - North Hoyle, Rhyl Flats and Gwynt y Mor - on the historic landscape is slight. Impacts from specific sites such as Llandudno, even after refinement, is at least moderate if not substantial as the coastal and offshore sky line has been affected.

Tourism

Tourism operators consider the quality and character of the seascape in the area is an essential element in the attractiveness of the area and, as the tourism industry is a key economic driver, a negative impact could put their economic future at risk. Llandudno is Wales’ premier resort and provides the major concentration of accommodation in North Wales attracting older visitors, many of whom are retired, as well as significant levels of conference/business tourism. Many of the attractions in North Wales are dependent on visitors staying in North Wales and of these many  are repeat visitors who return to Llandudno time and again because of its unspoilt character.

The visual impact on Llandudno would be significant, with wind turbines dominating over two thirds of the horizon when looking out to sea from the monument (as visualised in the photomontage view point 16 and a similar scale impact when viewed from the Great Orme, photomontage viewpoint 13). The NFO World Group "Investigation into the potential impact of wind farms on Tourism in Wales” indicated, based on the visitors surveyed, a 59% preference for smaller scale wind farm developments over large scale developments. An overwhelming majority of those surveyed felt that unspoilt views of the coastal environment were either very or quite important.

We are aware that the company also conducted an independent tourism survey for North Hoyle and Gwynt y Mor but for the survey to have validity, Rhyl Flats wind farm should have been included in the survey as the combined visual impact with Gwynt y Mor on Llandudno is substantial. Consequently, those surveyed should have been shown the computerised images similar to those contained within the "Supplementary Environmental Information” of the three wind farms from the view points in Llandudno. In the independent survey commissioned by Npower and conducted in 2004, 4% of the tourists interviewed said that in considering North Hoyle and Gwynt y Mor windfarms they would be discouraged from visiting the area again. Figures based on visitor spend estimates 12,188 jobs in Conwy supported by tourism. STEAM figures for Conwy estimate it has 31% of total expenditure in North Wales. UKTS figures estimate that North Wales Visit spend is 661m (31% of this is 204.91m.)

In addition this stretch of the North Wales coast attracts a large retired population who bring regular income into the area which creates jobs for the indigenous population.  The impact of this should also be fully examined.

Whilst it is appreciated that the policy of both the Assembly Government and the UK Government is to increase the contribution from renewable energy, the potential negative impact on tourism in a premier Welsh resort is a material consideration, and should be tested against the proposed benefits from this proposal.

Visual Impact 

In the original application, visual impact was not fully examined as the ES did not provide enough information on which to base an assessment. However the SEI has allowed us to make an assessment of the visual impact of the project. Whilst the refinements to the project may reduce the footprint the visual impact has not been significantly improved, especially from Llandudno as from some view points the pier had concealed the few turbines that have been removed. Therefore reduction on the horizon has not changed the sensitivity of height and number of turbines and the impacts on a high quality seascape and landscape. In addition the SEI, which has rightly included Rhyl Flats in the photomontages, highlights the imposing clutter on the horizon.

Due to the likely impacts on the Historic Landscape and Tourism, despite the developers stressing these are minor, it will still cause an impact which should be mitigated and is consequently the reason to ask about the feasibility of moving the windfarm further offshore and looking into the possibility of moving the shipping routes further inshore.

Finally, although the company and your Department carried out consultations with a wide range of stakeholders who have been given opportunity to express their views, carrying out a consultation is not the same as holding a Public Inquiry when the evidence submitted by all the parties can be considered and cross examined to ensure the information provided is correct and robust. Given these points and the objections made by Conwy County Borough Council (and that objections lodged by local people still remain), we would reconfirm our request that your Secretary of State calls for a public local inquiry to be held to consider the many issues surrounding this proposal.

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on what external legal advice was taken by the Countryside Council for Wales from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51355)

Jane Davidson: The Countryside Council for Wales does not employ its own legal staff and has a requirement for legal advice across the whole of its remit. This includes advice and representation on issues such as the establishment and management of designated sites, land ownership and management and protected species licensing.

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on how much money was spent by the Countryside Council for Wales on external legal advice from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51356)

Jane Davidson: Over this period, the Countryside Council for Wales has spent the following on legal advice:

Questions to the Minister for Health and Social Services

Nicholas Bourne (Mid and West Wales): Will the Minister outline the objectives which the Commissioner for Older People will be expected to achieve in her first year of office? (WAQ50854)

Substantive answer following holding reply.

The Deputy Minister for Health and Social Services (Gwenda Thomas): The post of Commissioner for Older People is independent of the Assembly Government. It will therefore be up to the Commissioner herself, Ruth Marks, to determine her own priorities and objectives in consultation with older people.

Regulations require the Commissioner to make an annual report to the Assembly which must include a summary of her work programme for the financial year in which the report is made, and of proposals for a work programme for the following financial year. That report will be the subject of consideration by the Assembly in plenary as will the Assembly Government’s response to it.

Whilst there is a lot of expectation surrounding this post, I am confident that Ruth will use the robust powers contained in the legislation to best effect in order to promote and protect the interests of older people in Wales.  

Nicholas Bourne (Mid and West Wales): Will the Minister provide details of the cost to date of operating its free NHS prescriptions policy? (WAQ51089)

Substantive answer following holding reply.

Edwina Hart: The total cost to the Welsh Assembly Government in 2007-08 of funding the phased abolition of prescription changes is £29.5 million.

Lesley Griffiths (Wrexham): What guidance her Department has issued on the use of fluoridated water to make infant formula milk? (WAQ51115)

Lesley Griffiths (Wrexham): What progress has been made in the promotion of fluoridated water supplies in Wales following enactment of the Water Act 2003? (WAQ51118)

Lesley Griffiths (Wrexham): What research her Department has undertaken on the fluoridation of public water supplies in Wales? (WAQ51119)

Lesley Griffiths (Wrexham): What assessment her Department has made on the fluoridation of public water supplies in Wales? (WAQ51120)

Lesley Griffiths (Wrexham): What research her Department has undertaken into the impact of fluoride intake upon infants? (WAQ51121)

Substantive answer following holding reply.

The Minister for Health and Social Services (Edwina Hart): The Welsh Assembly Government has not issued any guidance on the use of fluoridated water to make infant formula milk.  

The Welsh Assembly Government has not undertaken any specific research into the fluoridation of public water supplies or the impact of fluoride intake upon infants.

The Welsh Assembly’s Government’s Health and Social Services Committee has been provided with two papers to note on the Fluoridation of Water supplies on 25 October 2000 and 5 December 2001. These papers provide some assessment of water fluoridation.

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on what external legal advice was taken by the Care Council for Wales from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51353)

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on how much money was spent by the Care Council for Wales on external legal advice from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51354)

Gwenda Thomas: The Welsh Assembly Government does not collect this information.

Nick Ramsay (Monmouth): What action is the Welsh Assembly Government taking to support people suffering from chronic pain? (WAQ51363)

Nick Ramsay (Monmouth): What discussions has the Minister had with Local Health Boards regarding the improvement of services for people living with chronic pain? (WAQ51364)

Edwina Hart: Service Development and Commissioning Directives for Non Malignant Pain have been developed with the support of the Welsh Pain Society and its members with the aim of improving the health, well-being and quality of life of people living with chronic non-malignant pain in Wales.

This document is aimed at commissioners of health and social care services, providers of statutory, voluntary and independent services and individuals living with chronic non-malignant pain, their families and other formal and informal carers. It is part of a series of strategic publications for redesigning the care of chronic conditions as underpinned by Designed for Life: Creating World Class Health and Social Care for Wales in the 21st Century and Designed to Improve Health and the Management of Chronic Conditions in Wales: An Integrated Model and Framework for Action in Wales.

I anticipate launching the document in the next few months.

My officials have been working closely with LHB representatives and a wide range of other stakeholders on the development of our overarching plans to improve the management of chronic conditions including chronic non-malignant pain.

Questions to the Minister for Heritage

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on how much money was spent by the Royal Commission on the Ancient and Historical Monuments of Wales on external legal advice from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51351)

The Minister for Heritage (Rhodri Glyn Thomas): In 2005-2006 the cost of the legal advice was £933.

In 2006-2007 the cost was £442.

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on what external legal advice was taken by the Royal Commission on the Ancient and Historical Monuments of Wales from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51352)

Rhodri Glyn Thomas: External legal advice was taken by the Royal Commission on the Ancient and Historical Monuments of Wales in 2005-06 and 2006-07. The advice taken related to property law and employment law.

Nicholas Bourne (Mid and West Wales) Will the Minister make a statement on what external legal advice was taken by the Sports Council for Wales from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51357)

Nicholas Bourne ( Mid and West Wales): Will the Minister make a statement on how much money was spent by the Sports Council for Wales on external legal advice from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51358)

Rhodri Glyn Thomas: The Sports Council for Wales report that the following amounts were spent on external legal advice:

This expenditure covered areas such as employment law, charity law, business law issues and public liability defence.

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on what external legal advice was taken by the Arts Council for Wales from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51359)

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on how much money was spent by the Arts Council for Wales on external legal advice from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51360)

Rhodri Glyn Thomas: Legal costs incurred by the Arts Council of Wales fall into two categories, those associated with General activities and those associated with Capital works and are outlined in the table below.

General activities tend to be associated with ACW’s status as a Registered Charity but also includes advice on contracts and Employer/public liability. Capital costs are associated with large scale building projects which tend to be funded from Lottery sources.

Questions to the Minister for Rural Affairs

Alun Cairns (South Wales West): What impact will the EU Commission’s £63M fine to DEFRA have on agriculture in Wales? (WAQ50923)

Substantive answer following holding reply.

The Minister for Rural Affairs (Elin Jones): The EU Commission’s fine to DEFRA will have no impact on agriculture in Wales.

Nicholas Bourne (Mid and West Wales): Will the Minister make a statement on the use of Forestry Commission land for wind farm developments? (WAQ51326)

Elin Jones: Following the publication of the Welsh Assembly Government’s strategy for the development of renewable energy; Technical Advice Note 8 (TAN8) Forestry Commission Wales (FCW) was directed to manage the opportunity created by the TAN by offering the 'exclusive right to develop’ on Assembly woodland.

FC Wales manages over half the land within the SSAs and this land is attractive to developers because it is: under a single owner and manager; has an existing road network; is at higher altitudes with a favourable wind regime; is at a scale to absorb large developments with less environmental and landscape impact than on open land and is remote from communities.

This land is owned by the Welsh Ministers who have the power to dispose of it under section 39(2) of the Forestry Act 1967 and an arrangement under section 83 of the Government of Wales Act 2006 (previously section 41 of the GOWA 1998) enables the Commissioners to act on their behalf.

The Forestry Commissioners approved it use as long as it did not involve large scale tree felling. To satisfy the Minister’s and the Commissioner’s duty to maintain the woodland, the bidders have proposed the use of the most advanced technology and 'keyhole’ felling of small areas to enable the turbines to work efficiently above the nearby tree canopy. This could mean the felling of around 500 hectares of woodland if all the proposed developments go ahead. This is less than 0.5% of the total estate of around 110,000 hectares and around a third of the annual area felled and re-stocked each year by FC Wales as part of its usual forest operations.

FCW is managing a two stage procurement process to select the companies to be awarded an option to develop and then a lease, subject to the award of planning consent. The process tested bidders against a set of criteria covering their technical expertise and past experience, financial capabilities, the amount of energy generation and the income and additional community benefits they offered.

The award of the option does not mean that a single turbine will be built but merely gives the company the exclusive right to seek planning consent. A lease for an initial 25 year period will only be given if planning consent is granted and it will require the developer to remove the turbines and infrastructure to one metre below ground level at the end of its term - so the long-term visual impact on the landscape will be minimal.

Subject to planning approval the programme offers WAG a significant potential income once the option agreements are signed and further income based on a royalty fee for the amount of electricity generated each year following construction of the wind-farms.

The programme also offers the opportunity, following construction of the wind-farms, to generate significant income for community-based projects in the areas close to the developments.

Such benefits could include support for the construction of a community facility; lump sum or annual payments for community use and a commitment from the developer to use local labour, contractors and services wherever possible. These benefits will be negotiated with, and channelled through a regulated and properly constituted body to support sustainable community development.

Although there is no requirement for a Strategic Environmental Assessment of the programme, Detailed Environmental Impact Assessment (EIA) to describe their possible impact will be submitted as part of the planning application for each development and FCW will assist the developer in this regard by supplying the environmental information it holds.

In October 2007 I agreed to the disposal of the land required to enable the selected companies to submit their planning applications and following intensive discussion we expect to announce the signing of the option agreements shortly. The successful developers will then be in a position to submit a planning application to the relevant planning authority.

Nicholas Bourne (Mid and West Wales): What environmental studies have been undertaken regarding the use of Forestry Commission land for wind farm developments? (WAQ51327)

Elin Jones: No environmental study of the use of land managed by Forestry Commission Wales (FCW) for wind-farms has been carried out, apart from consideration of its use during the production of the Welsh Assembly Government’s guidance on this issue; Technical Advice Note 8: Planning for Renewable Energy (TAN8).

The relevant planning authority is best placed to assess the environmental impact of any proposed development when the companies involved submit an application for planning consent.

Forestry Commission Wales will provide these developers with any relevant environmental information it holds in order that they can compile their planning application which will include an Environmental Impact Assessment.

Questions to the Minister for Social Justice and Local Government

Nick Ramsay (Monmouth): What action is the Welsh Assembly Government taking to provide secure accommodation, support services, medical care and legal advice for the victims of the human trafficking caused by the sex trade in Wales? (WAQ50877)

Substantive answer following holding reply.

The Minister for Social Justice and Local Government (Brian Gibbons): We are putting measures in place to support victims of sexual exploitation. We have significantly increased funding and are funding the development of a safe house for women fleeing prostitution including trafficked women. We will be ensuring a full range of support services is provided to victims who access this service.

Nicholas Bourne (Mid and West Wales): What is the minimum number of urban post office branches required to ensure 90% of the total urban population of Wales lives within one mile of a branch? (WAQ51165)

Substantive answer following holding reply.

The Deputy Minister for Regeneration (Leighton Andrews): Policy for Post Offices is non-devolved. The Assembly Government does not collate this information.

Nicholas Bourne (Mid and West Wales): What is the minimum number of rural post office branches required to ensure 95% of the total rural population of Wales lives within three miles of a branch? (WAQ51166)

Substantive answer following holding reply.

Leighton Andrews: Policy for Post Offices is non-devolved. The Assembly Government does not collate this information.

Nicholas Bourne (Mid and West Wales): What is the minimum number of remote rural post office branches required to ensure 95% of the total remote rural population of Wales lives within six mile of a branch? (WAQ51167)

Substantive answer following holding reply.

Leighton Andrews: Policy for Post Offices is non-devolved. The Assembly Government does not collate this information.

Nicholas Bourne (Mid and West Wales): What percentage of the urban population of Wales is within one mile of a post office branch? (WAQ51168)

Substantive answer following holding reply.

Leighton Andrews: Policy for Post Offices is non-devolved. The Assembly Government does not collate this information.

Nicholas Bourne (Mid and West Wales): What percentage of the rural population of Wales is within three miles of a post office branch? (WAQ51169)

Substantive answer following holding reply.

Leighton Andrews: Policy for Post Offices is non-devolved. The Assembly Government does not collate this information.

Nicholas Bourne (Mid and West Wales): What percentage of the remote rural population of Wales is within six miles of a post office branch? (WAQ51170)

Substantive answer following holding reply.

Leighton Andrews: Policy for Post Offices is non-devolved. The Assembly Government does not collate this information.

Kirsty Williams (Brecon and Radnorshire): Is it a requirement for local authorities to produce annual reports on the implementation of Disability Equality Duty across Wales and if it is not, will the Minister consider making it compulsory? (WAQ51349)

Brian Gibbons: There is a legal requirement on listed public authorities to produce a report on an annual basis containing a summary of:

• the steps it has taken over the previous year to fulfil the general disability equality duty placed on it by the Disability Discrimination Act 1995. The report must explain how the authority, when carrying out its functions, has had regard to the need to eliminate discrimination and harassment, to promote equality of opportunity and participation in public life for persons with disabilities, to encourage positive attitudes towards them and to accommodate disabilities

• the results of information-gathering which the authority is required to carry out as to the effect of its policies and practices on persons with disabilities

• what the authority has done with the information gathered

The power to impose on public authorities specific equality duties, such as this duty to produce an annual report, lies with the Secretary of State rather than the Welsh Assembly Government.

Darren Millar (Clwyd West): What action is the Welsh Assembly Government taking to ensure adequate land provision for the burial of the dead in Wales? (WAQ51365)

Brian Gibbons: It is for local authorities, in conjunction with local partners, to identify the needs and priorities of their area and to develop long-term strategies to address them. This includes ensuring that there is a range of appropriate provision for disposing of the dead.

In 2007 the UK Government published its response to earlier consultation on a review of 'Burial Law and Policy in the 21st Century’. The review recognised that in some areas there are difficulties in finding sufficient space for new graves. The UK Government has accepted that it would be right to enable local authorities to reuse graves, subject to appropriate safeguards, and is now developing detailed proposals. It will make a further announcement in due course which will be subject to public consultation.

Questions to the Counsel General and Leader of the House

Nicholas Bourne (Mid and West Wales): What was the amount spent on external legal advice by the Welsh Assembly Government from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51361)

The Counsel General and Leader of the House (Carwyn Jones): Schedule of payments made from Assembly Government legal services budgets:

Nicholas Bourne (Mid and West Wales): Will you make a statement on what external legal advice was taken by the Welsh Assembly Government from 2003-2004, 2004-2005, 2005-2006 and 2006-2007? (WAQ51362)

Carwyn Jones: External legal advice and services are sought on a range of advisory, transactional and litigation services arising from the discharge of the Assembly Government’s functions, covering matters which are not undertaken in-house, or which are complex or specialised in nature, arising from property and commercial matters (including corporate finance), employment matters and litigation.