Proposed National Park Authorities

Legislative Competence Order

Kirsty Williams

Pre-ballot Information: Outline Proposed

Legislative Competence Order

Outline of proposed Order

Provision to amend Schedule 7 of the Environment Act 1995

Policy Objectives of the Proposed Order

We seek the powers to amend Schedule 7 of the Environment Act 1995, which deals with the membership, status and constitution of National Park Authorities.

The Assembly already has the power (in place of the Secretary of State’s Ministerial function) to appoint members to National Park Authorities in Wales, but we desire the powers to change the rules relating to the local authority members of the Park Authority, in order to address public concern about a democratic deficit on such Authorities. The Assembly does not currently have this Legislative Competence, hence the desire for this Order.

National Park membership is currently made up of two-thirds local authority nominated and one-third Assembly appointed. There is currently, however, no compulsion in Wales to ensure the local authority appoints members whose wards are actually within the National Park, which has led to concerns over whether the people who live the Park are being truly represented. It would seem desirable to correct this imbalance. Members may wish to note that parish members of English National Parks must be a member of a parish council which is, at least in part, located in the Park; in Scotland, local members must be a councillor for a ward, or a member of a community council, which is at least in part located in the Park.

It may also been considered desirable to address the issue of democratic representation more head-on, and propose the direct election of members to the Authority. This LCO would be needed to enable the Assembly to consider a Measure of this nature. Members may wish to note that in Scotland, for example, one fifth of members of a National Park Authority are directly elected.

Support Received

On 19^th March 2007, The Welsh Assembly Government published a Policy Statement for the National Parks and National Park Authorities in Wales, which included a commitment to consider how to ensure local authority nominees represent wards within or near Park boundaries.

The Welsh Conservatives manifesto at the last election included a pledge to introduce a proportion of elected embers to National Park Boards.