Developers of Major Projects

3. Questions to the Counsel General – in the Senedd at on 23 April 2024.

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Photo of Peredur Owen Griffiths Peredur Owen Griffiths Plaid Cymru

(Translated)

7. What legal advice has the Counsel General provided to the Welsh Government about ensuring that developers of major projects fulfil their contractual obligations? OQ60951

Photo of Mick Antoniw Mick Antoniw Labour 3:43, 23 April 2024

Thank you for the question. Eleven major house builders have signed the Welsh Government’s developers contract. The contracts commit these developers to undertake works to rectify fire safety issues in buildings that they've developed over the past 30 years. I’m aware that the Cabinet Secretary is committed to ensuring that developers fulfil their contractual obligations.

Photo of Peredur Owen Griffiths Peredur Owen Griffiths Plaid Cymru

Thank you for that answer. I'm going on a slightly different aspect, and you might not be surprised to hear that this question is framed within the lens of Ffos-y-Fran opencast mine in Merthyr, in my region. It's outrageous that the mine owner is attempting to walk away from their legally binding obligations to restore the land and make it a haven for flora and fauna once again. After taking tens of millions of pounds-worth of coal from the site, an ecological water-filled disaster is developing, which is now causing real concern for long-suffering local residents.

Now, you may not be able to talk about the detail of this case, for legal reasons, but I want you to talk about the general principle of a company cutting and running after making their money. What message does this send out to other developers if there is no legal recourse taken against irresponsible developers? Is there now a perception that authorities and watchdogs in Wales are toothless? This is important, particularly in my region, since there are plans for another coal tip safety scheme on the site of the former Bedwas colliery. An escrow account is part of the plans to ensure that remediation work takes place once the scheme has run its course—a well-walked path. What legal advice are you giving to counter the perception that Wales is a soft touch for developers?

Photo of Mick Antoniw Mick Antoniw Labour 3:45, 23 April 2024

I don't give legal advice specifically on that last point. It is obviously important that all contractual arrangements that are entered into by public bodies are resilient. I know, for example, that the contract in respect of reclamation with Tower colliery, where there was an escrow account as well, is one that does appear to have worked and been fulfilled. In terms of the broader direction of the question that you're raising with me, I think that is one that should be raised again with the appropriate Cabinet Secretary.

Photo of David Rees David Rees Labour

(Translated)

Question 8 [OQ60961] has been withdrawn. So, finally, question 9, James Evans.

Cabinet

The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.

It is chaired by the prime minister.

The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.

Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.

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War cabinets have sometimes been formed with a much smaller membership than the full cabinet.

From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.

The cabinet normally meets once a week in the cabinet room at Downing Street.