Influencing environmental policy in Wales: A BES guide

1 Influencing environmental policy in Wales British Ecological Society INFLUENCING ENVIRONMENTAL POLICY IN WALES A BES guide 2 Influencing environmental policy in Wales British Ecological Society CONTENTS The political process in Wales ..............................3 Devolved powers What is policy and legislation? How does a Bill become an Act? Who are the key actors? ........................................5 Formulating, developing or amending policy Advising, lobbying or providing evidence for policy How you can influence ..........................................8 Consultations Connections and collaborations Key legislation .......................................................9 Well-being of Future Generations (Wales) Act 2015 Environment (Wales) Act 2016 Agriculture (Wales) Act 2023 Key policies ...........................................................11 Nature Recovery Action Plan (2015) Woodlands for Wales (2018) Welsh National Marine Plan (2019) Future Wales: The National Plan 2040 (2021) Policy and the BES ...............................................12 BES priorities in Wales for 2024-2025 focus on policy and legislation aimed at protecting and enhancing biodiversity, changing land use, water quality and the marine environment. Environmental policy has profound consequences for biodiversity in Wales. That this policy is underpinned by robust ecological evidence is vital. This is what policy makers want and this is how you can help. Cover image: Snowdonia National Park © Alasdair James 3 Influencing environmental policy in Wales British Ecological Society THE POLITICAL PROCESS IN WALES Devolved and Reserved Powers, and the Sewel Convention The devolved issues of most relevance to the BES include the environment, rural affairs, agriculture, fisheries, and forestry. Whilst the environment is a devolved policy area the position can be complicated by, for example, energy policy being a reserved power of the UK Parliament. The Senedd has legislative competence over matters which broadly have the most day-to-day relevance to the Welsh people, although the UK Parliament does retain the power to legislate in those areas as well. Reserved matters include foreign affairs, defense, energy and a range of other things specified in Schedule 7A of the Government of Wales Act 2006. The Senedd has little control over fiscal issues but some simple powers. For example, land transaction taxes were devolved under the Wales Act 2014. What is policy? A policy is a set of ideas or principles aimed at guiding actions to achieve an objective. Government or public policy describes a course of action or an objective planned by the Government on a particular subject. Documentation on Welsh Government policies are publicly available through the Senedd website. What is legislation? Legislation is made up of the laws that govern life in Wales. Wales is governed by laws created in the UK Parliament and the Senedd (Welsh Parliament), but this report just covers the workings of the Senedd. Welsh legislation takes two forms: primary legislation and secondary legislation. Primary legislation is made up of Acts passed by the Senedd. A Bill is a draft law, and it becomes known as an Act when it has been passed by the Senedd, receives Royal Assent and becomes enforceable. An Act passed in the Senedd can be identified because it will have (Wales) at the end of its title, for example the ‘Well-being of Future Generations (Wales) Act 2015’. Primary legislation can give government ministers or other bodies the power to create subordinate or secondary legislation, which is often in the form of a statutory instrument (SI). In Wales, these SIs are laid before the Senedd and are subject to either the negative or affirmative procedure. The negative procedure is most commonly used and requires the Senedd to object to it if it does not wish it to become law. If the affirmative procedure is followed, the Senedd must pass a resolution approving a draft of the SI before it takes effect. WHAT IS POLICY AND LEGISLATION? DEVOLVED POWERS Timeline of devolution in Wales Referenda on Devolution in Wales and Scotland Government of Wales Act 1998 passed by UK Parliament Formation of National Assembly for Wales (NAW) Governmnent of Wales Act 2006 through conferred powers model NAW granted primary legislative powers by referendum Wales Act 2017 through reserved powers model Senedd and Elections (Wales) Act 2020 passed, and NAW becomes Senedd Cymru (Welsh Parliament) 1997 1998 1999 2006 2011 2017 2020 4 Influencing environmental policy in Wales British Ecological Society HOW DOES A BILL BECOME AN ACT? Bill introduced STAGE 1 General Principles STAGE 2 Line by line scrutiny STAGE 3 Line by line scrutiny FURTHER STAGE 3 Line by line scrutiny REPORT Line by line scrutiny Awaiting Royal Assent Royal Assent Bill becomes Act Business Committee decides whether to refer Bill to responsible committee (and set deadline for committee to report) Responsible committee consults and takes evidence Publishes its Stage 1 Report Senedd agrees general principles of Bill Senedd agrees a Financial Resolution for the Bill within 6 months; Amendments tabled; Detailed consideration by committee Amendments tabled; Detailed consideration by Senedd in Plenary Amendments tabled by Member in Charge or Welsh Government only; Detailed consideration by Senedd in Plenary STAGE 4 Debate on passing bill Motion to pass Bill agreed Amendments tabled Detailed consideration by Senedd in Plenary FURTHER REPORT Line by line scrutiny Amendments tabled by Member in Charge or Welsh Government only; Detailed consideration by Senedd in Plenary [Source: Modified from Senedd diagram (https://senedd.wales/NAfW%20Documents/Assembly%20Business%20 section%20documents/flowcharts-AssemblyScrutinyofPublicBills/flowchart-AssemblyScrutinyBills-en-print.pdf)] 4 week period in which a legal challenge can be made 5 Influencing environmental policy in Wales British Ecological Society WHO ARE THE KEY ACTORS? FORMULATING, DEVELOPING OR AMENDING POLICY Welsh Government Ministers and their advisors, civil servants, Welsh MSs and MPs. Recent changes in Senedd In June 2024, the Senedd Cymru (Members and Elections) Act 2024 was passed. This Act will change the number of MSs in Senedd, how and how often they are elected, and boundaries of constituencies. Senedd Cymru (Welsh Parliament) Law-making body for devolved matters. Scrutinises the work and policies of the Welsh Government. The Senedd is elected by the Additional Member system. It is currently formed of 60 Members of Senedd (MSs) across all political parties, with each citizen in Wales represented by five MSs - one constituency MS and four regional MSs. It is unicameral (ie. has one legislative chamber). The Llywydd (Presiding Officer) chairs the Plenary Meetings of the whole Senedd and always remains politically impartial. Welsh Government Formulates and implements policy on devolved matters. Introduces most Bills (draft laws) to be considered by the Senedd. The First Minister is nominated by the Senedd and appointed by HM the King. Led by the First Minister and formed of a Cabinet of 13 MSs. Welsh Ministers are MSs appointed by the First Minister from the political party with the most votes in the Senedd to head a government department supported by Welsh Deputy Ministers. The First Minister also appoints a Counsel General. Senedd and the Welsh Government The Welsh Government and the Senedd are two separate entities with different roles and responsibilities. The Welsh Government is held to account by the Senedd, and both are accountable to the Welsh people. 6 Influencing environmental policy in Wales British Ecological Society ADVISING, LOBBYING OR PROVIDING EVIDENCE FOR POLICY Government agencies and public bodies  Natural Resources Wales Natural Resources Wales (NRW) is a Welsh Government’s Sponsored Body, and is the principal advisor to Welsh Government on environmental topics. Unlike elsewhere in the UK, which have separate government linked organisations to manage different aspects of the environment (e.g. Forestry Commission, Forestry England, Environment Agency, Natural England, Office of Environmental Protection), in Wales this is brought together under NRW. Thanks to this, NRW can make decisions based on evidence and expertise across different departments.  Chief Scientific Adviser for Wales The Chief Scientific Adviser for Wales (CSA) reviews scientific advice, and presents it to the First Minister and Welsh Ministers. They also work to develop Welsh scientific capacity and ensure STEM (Science, Technology, Engineering and Mathematics) subjects are promoted in public policy.  Senedd Committees Senedd committees scrutinise the government, associated public bodies and legislation. During a committee inquiry, which can focus on a Bill or on any topic which is devolved, they will collect evidence from experts and organisations.  Senedd Research Senedd Research is a politically impartial research and information body that provides unbiased research to MSs, their staff and Senedd Committees. Their research and enquiry responses are designed to support scrutinisation of legislation and policy.  JNCC The Joint Nature Conservation Committee (JNCC) is the public body that advises the UK Government and devolved administrations on UK-wide and international nature conservation. JNCC are theforum through which the country nature conservation bodies in England, Scotland, Wales andNorthern Ireland discharge their statutory responsibilities across the UK and internationally.JNCC coordinates joint statements and reports from the Statutory Nature Conservation Bodies, such as those issued ahead of the UN Convention on Biological Diversity (CBD) COP15. This includes the Nature Positive 2030 report and the Joint Statement entitled Nature Recovery for Our Survival, Prosperity and Wellbeing. 7 Influencing environmental policy in Wales British Ecological Society Research institutes  Centre for Ecology and Hydrology (UKCEH) The UK Centre for Ecology and Hydrology is an independent, not-for-profit research institute. They collaborate with various organisations and provide evidence to inform government decision making, with one of their sites based in Bangor, Wales.  Welsh University Research Welsh universities produce research that addresses policy needs in the nation. The Welsh Government funds universities through the Higher Education Funding Council for Wales (HEFCW), although there is a plan to establish a Commission for Tertiary Education and Research (CTER) and dissolve HEFCW in 2024. The Welsh Government sets out its funding allocations and priorities for HEFCW every year through a remit letter, which includes teaching as well as research. Partnerships  Environment Platform Wales Environment Platform Wales (EPW) aims to bridge the gap between policy makers and research by supporting researchers to engage with NRW and Welsh Government, develop projects that align with Welsh policy evidence needs and apply for large-scale funding.  Wales Biodiversity Partnership The Wales Biodiversity Partnership (WBP) brings together actors from the public, private and voluntary sectors. It is made up of working groups that promote and monitor biodiversity and ecosystem action in Wales. WBP also runs the Biodiversity and Ecosystem Evidence and Research Needs (BEERN) programme, which aims to identify research needs which relate to Welsh policy and delivery priorities.  Wales Environment Link Wales Environment Link (WEL) is ‘a network of environmental, countryside and heritage non-governmental organisations working across Wales’. WEL promotes collaboration between its members and supports them to engage in the development of Welsh policy and legislation.  Wales Coasts and Seas Partnership The Wales Coasts and Seas Partnership (CaSP Cymru) similarly brings together groups and stakeholders that are working on the resilience of marine ecosystems. 8 Influencing environmental policy in Wales British Ecological Society HOW YOU CAN INFLUENCE CONSULTATIONS The Welsh Government regularly consults on proposed areas of policy such as a draft strategy or at the early stages of planning a Bill before it is drafted. Any interested parties/individuals may respond to a consultation. All consultation responses are analysed and used in the decision making process. The Welsh Government maintains an online Consultation Hub where anybody can go and participate in current consultations. The Senedd and its committees also regularly conduct consultations and calls for evidence. NRW also uses consultations and and calls for evidence to inform their activities and the activities they regulate. A recent example is Nature and Us/Natur a Ni – which is NRW’s national initiative on the future of the Welsh natural environment. CONNECTIONS AND COLLABORATIONS Building connections with key contacts through the policy process can be beneficial for ecologists and for their research. These connections can help to shape research questions, signpost additional funding, and increase the impact of research findings. 9 Influencing environmental policy in Wales British Ecological Society KEY LEGISLATION WELL-BEING OF FUTURE GENERATIONS (WALES) ACT 2015 The Well-being of Future Generations (Wales) Act 2015 places a duty on Welsh Government and other public authorities in Wales to carry out their activities ‘in accordance with the sustainable development principle’. This sustainable development principle is defined as acting ‘in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs’. The needs of the present include improving the social, economic, environmental and cultural well-being of Wales and the Act includes seven statutory goals in this respect. The Act is designed to ensure that different public bodies in Wales will think more creatively about ways to create a sustainable Wales and to consider the consequences of any actions on future generations. They have a legal duty to collaborate together and involve people in their decision making, ensure an integrated and preventive approach to key challenges and think in the long-term. Unique to Wales, the Act has been hailed as a groundbreaking and forward-thinking initiative and has attracted interest from countries across the world, highlighting Wales as an innovator in its approach on environmental legislation. [Source: Welsh Government (https://www.gov.wales/ well-being-of-future-generations-wales)] To measure progress against these goals, national indicators were put in place. Included in these indicators, are those relating to the environment (41-46): 41. Emissions of greenhouse gases within Wales. 42. Emissions of greenhouse gases attributed to the consumption of global goods and services in Wales. 43. Areas of healthy ecosystems in Wales. 44. Status of Biological diversity in Wales. 45. Percentage of surface water bodies, and groundwater bodies, achieving good or high overall status. 46. The social return on investment of Welsh partnerships within Wales and outside of the UK that are working towards the United Nations SDGs.