Agenda item

To consider any questions the appropriate notice for which have been given under Section 4.18 of the Constitution.

 

 

(The Cabinet Members' written responses to the questions had been published in advance.)

 

(1)       Question from Councillor Gruffydd Williams

 

In the context of the latest decision by the Supreme Court, what arrangements are in place to confirm that women in Gwynedd have access to places and opportunities of all kinds for women only?

 

Response from the Cabinet Member for Corporate and Legal Services and for the Welsh Language, Councillor Llio Elenid Owen

 

I will read the official answer first.

 

"The Council is in the process of considering the implications of the ruling taking into account further information e.g. the Equality and Human Rights Commission's Interim Guidance, published on 25 April. It should be noted that the Commission is looking to update their guidance after consultation, and put it before the Westminster Government before the summer recess. According to the Commission “We know that many people have questions about the ruling and what it means for them. Our updated guidance will provide more clarity.”

 

We will look at our policies, guidelines, procedures and so on, to see if they align with the ruling."

 

As has been stated in the response, the Equality and Human Rights Commission's Interim Guidance, which was published last week, follows the Supreme Court's ruling on the legal definition of a woman, and the final guidance that will go before the Government before the summer will need to be awaited for further clarity and guidance on the situation.

 

I would like to draw your attention to what the Supreme Court has stated, which is that this is not a victory for either side.  This is a definition within the Equality Act only.  It is extremely important to emphasise that this legal opinion does not diminish trans people's legal rights against discrimination, and gender reassignment is one of the 9 features protected in the Equality Act 2010.

 

Supplementary question from Councillor Gruffydd Williams

 

According to the Equality Act, gender means biological sex, and women have a legal right to public changing rooms, bathrooms and single-sex crisis centres, and a gender recognition certificate does not make a man a woman under the law. The ruling cannot be clearer than that, and as a result I would like to ask what arrangements, facilities need to be made, and where and when will we see the change to reflect the decision?

 

Response from the Cabinet Member for Corporate and Legal Services and for the Welsh Language, Councillor Llio Elenid Owen

 

To emphasise what was said in the answer to the first question, we, like all other organisations, need further guidance to be able to respond fully and legally to this ruling.

 

I would also like to take this opportunity to declare our support and solidarity here with the trans community.  Everyone should be free to choose their own gender identity and we should respect that, and we certainly shouldn't exclude trans people from society. To quote and complement what Councillor Beca Roberts said at the beginning of this meeting, everyone has the right to be themselves. We are fully committed here at Cyngor Gwynedd to supporting women's rights and the rights of trans people, and fighting for women's rights means fighting for the rights of working class women, disabled women, women from ethnic minority backgrounds and LGBTQ+ women. Rights for all need to be supported and respected and equal rights for others do not mean fewer rights for you.

 

Protecting and safeguarding everyone's rights underpins Plaid Cymru's position and that is why I am a member of Plaid Cymru.

 

There are a lot of questions arising and wider conversations following the ruling, and especially where this leaves 'intersex’ and ‘non-binary’ people, and women who don't conform to the norm of what a woman is. And more than anything, it's critical that the voices of trans people are included in these discussions.

 

There is great concern that some are taking advantage of this ruling to give them the leeway to express prejudice against the trans community, a small community that is already vulnerable, and that is only trying to live their lives with dignity. It is heartbreaking for me to think that some of the people of Gwynedd could misuse this ruling to make the lives of a community that is on the margins more difficult. We are here as councillors to support all residents of Gwynedd to live together and to live their lives with dignity and respect. To conclude, from my first-hand experience as a woman, and growing up as a woman, I don't feel that trans people's rights have taken anything at all away from my rights as a woman.

 

(2)       Question from Councillor Sian Williams

 

An important issue that has come to my attention in the last year, particularly in my own town, Cricieth, is anti-social behaviour among young people.  It is a topic that concerns me greatly, as it is our responsibility, as a society, to nurture and support the next generation to be well-rounded and responsible citizens who have hope and value in themselves, and in their villages, towns and areas.

 

Cricieth is not unique. There are other areas in Gwynedd that are experiencing similar challenges, and other counties across Wales and beyond are struggling.  You only need to open a newspaper or read messages on social media to see how things are.

It's important for us to get to the root of the problem. Why do young people behave like this and what can we, as a community, do to support them or tackle the problems? In Cricieth, we have seen damage to the public toilets and the maes, climbing fences to private gardens; stealing from local shops and sleeping overnight in car parks.

Obviously, the police and other agencies are aware of the situation and there is action and cooperation.

But with the recent fine weather, the situation has exacerbated. The small minority of young people who behave in this way have been excluded from school. The punishment is proving to be ineffective as they do not receive support or guidance through the schools or from other services during this period.

My question is, is it possible to open a discussion with the council's education department and other support agencies to consider another way of tackling the challenges faced by these young people and their families? A process of offering guidance and support, rather than excluding young people, who are obviously experiencing life's challenges? A system that would protect these young people and lead them along a better path, so that the community in Cricieth can sleep quieter at night and take pride in having extended a hand, rather than tarring all the young people of the area with the same brush? After all, only a handful behave in this way, most of our young people are responsible and courteous.

This is the future of our society, they are valuable and important individuals, and in my opinion, investing in the next generation is crucial for us, here, in Gwynedd.

 

Response from the Cabinet Member for Education, Councillor Dewi Jones

 

Thank you for the question. I agree with much of what was said in the question. I think this is a crucial topic, and any issue relating to children and young people is very close to my heart personally, which is why it is such a privilege for me to be fulfilling the role that I am currently doing. 

 

Also, I am fully sympathetic to some of the things that you in Cricieth are suffering, and also aware that there are troubles like this in many villages and towns in Gwynedd, and also beyond Gwynedd. But that doesn't make it right. As for the response, the written response has been provided, and as it says, a cross-departmental response is needed. It's a responsibility for all of us, I think, in terms of the Council, but more than just us as an organisation, as a Council, it includes a host of other organisations as well, and I'm glad that the member and I are coming from the same side on this because of what's in the question.  We don't want to be pointing a finger or punishing, but we want to solve the problem rather than just responding and punishing, and as the member said, it's clear that punishment doesn't work. We've been doing this for years, and the same problems arise over and over again.

 

As for the Department of Education and exclusions, I certainly think exclusions don't work.  They're being used as a method of punishment – a traditional method of punishment some people might say, but maybe it's high time that we look again at all of this and consider whether this is a method that we want to be using for the future. The only thing that excludes a child or a young person or an individual does is remove their ability to access support, to positive role models, to the sub-structures that are there to support them, and the last thing we want to do is exclude them, get rid of them, because it doesn't solve the problem.  It may solve the problem for one individual or one group for a short time, but all it does is move the problem somewhere else. So I'm keen to meet and see what solutions we can put together to try and make a difference to the lives of children and young people in Cricieth and the whole of Gwynedd.

 

(3)       Question from Councillor Elfed Williams.

 

Gwynedd residents continue to suffer and it has been over ten years since the Welsh Government's fuel poverty scheme caused damage to their homes leaving them damp, untidy and in need of repair.

 

Some residents of private houses in Deiniolen, Dinorwig, Clwt y Bont and Fachwen are financially at a loss and others are struggling to pay for repairs.

 

The Arbed project, funded by the Welsh Government, aimed to improve the energy efficiency of the houses while ensuring that the owners would have lower energy bills. But inferior works in the Deiniolen area have left the owners with damp houses developing into mould, with incorrectly reinstalled drainage pipes, untidy render and cracks in the walls.

 

Recently, 42 houses in Arfon have been approved for repairs by the Welsh Government.  I very much welcome this work for the homes of residents in the community, but I remain concerned about the residents who will not be eligible for the repairs under this year's Welsh Government scheme.

 

It's high time all the residents of Deiniolen saw their homes repaired, having suffered damage to their property for so many years.  It is the responsibility of the Welsh Government to rectify this, as a result of inferior work undertaken due to their Arbed project.

 

Therefore, my question is this: is the Council committed to ensuring that all Arfon housing residents receive repairs from the Welsh Government and receive the appropriate support they are due?

 

Response from the Cabinet Member for Housing and Property, Councillor Paul Rowlinson

 

Thank you for asking the question for the residents of your ward, people who have joined the Arbed Scheme to improve their houses and reduce the bills, but due to the faulty work, have found themselves in a situation where the houses are worse.

 

I would like to highlight that Arbed is the Welsh Government's scheme, and many homes across Wales had been affected by defective work under that Scheme, not only in Arfon but in many other places across Wales. The process of securing a fair settlement by following the claims process set by the Government has been long, and often very complex. The property owners themselves have put a lot of their time and effort into doing so.

 

Siân Gwenllïan, the Member of the Senedd for Arfon, has been raising the issue with the Government since 2017, and last year the Welsh Government agreed to look into the cases of the residents who had contacted her. Unfortunately, the Welsh Government has stated that no new cases will be added to the list.

 

While the Council has no part in this process, I am happy to write to the Government to ask why they are not willing to consider any new cases.

 

(4)       Question from Councillor Rhys Tudur

 

When making decisions relating to the procurement of goods and subcontracting of services, this Council has a scoring criteria which give companies/businesses/organisations points for:

- community benefits that they provide and would provide for the Welsh language;

- their use of the Welsh language;

- having a high percentage of staff who speak Welsh;

- demonstrating that they have commitments to the Welsh language and language policies;

- having a training plan for improving Welsh language skills;

- supporting Welsh-medium apprenticeships;

- using Welsh as the language of internal and external correspondence?

 

Response from the Cabinet Member for Corporate and Legal Services and for the Welsh Language, Councillor Llio Elenid Owen

 

Thank you for the question. The procurement arrangements and internal evaluation process are legally managed under national procurement regulations (Procurement Act 2023). According to those regulations, the assessment and criteria must be equivalent and related to the purpose of what is desired to be procured.

 

The Council has a way of using different criteria to assess the proposals. Typically, the criteria include price and quality assessments along with any other specific requirements. 

 

The Cabinet approved an amendment to the current Sustainable Procurement Policy at its meeting on November 7, 2023, and as a result, the Council has developed and
adopted social value assessment arrangements, and the Welsh language is one of those
measures. This requirement is now additional to the price and quality criteria.

 

Consequently, we can assess businesses' commitment to investing time and money to
promote and develop the Welsh language while fulfilling the agreement with the Council.  The commitment can be varied depending on the size and nature of the company that has tendered, and we do not currently limit them to specific proposals.  The proposals can offer apprenticeships, training, Welsh signage within the company, or any other proposal that demonstrates their commitment to promoting the language.

 

The Council purchases a wide variety of goods and services from different fields and occasionally purchases unique and specialised goods and services.  Often, only non-Welsh companies from outside the County can meet those needs. Nevertheless, where it is necessary to have services or systems through the medium of Welsh, the Council specifies this need in the tender, and as a result, we will not accept applications that do not meet those requirements. 

 

The Sustainable Procurement Policy is currently being reviewed due to recent national legislative changes, and is intended to be submitted to the Language Committee for comments, and it will also be submitted to the Cabinet.

 

Supplementary Question from Councillor Rhys Tudur

 

Given that this Council internally places good weight on the Welsh language, and that my question identifies several additional aspects that can be scored in terms of the value given to the Welsh language, the use of Welsh, and to the Welsh language as a community language in the context of procurement, and given that the sustainable procurement policy only gives a small and tokenistic score to the Welsh language, is this Council fully prepared to realise that, by adapting and adding to the procurement scoring measures and making the viability of the Welsh language a valid objective, we could be able to encourage as many businesses and bodies with which we interact as we can to make a serious contribution to the strengthening of the Welsh language?

 

Response of the Cabinet Member for Corporate and Legal Services and for the Welsh Language, Councillor Llio Elenid Owen

 

The Welsh language is clearly crucial in all aspects of the Council and the procurement procedure is no exception.  Where there is a specific requirement for the Welsh language, it is possible for the Council to include it as a specific requirement in its agreement, and in this regard, the Council will only appoint Welsh language companies. There is an effort by the Council to put more emphasis on the social value of scoring contracts and this will become apparent as the Council and local companies become more familiar with these arrangements.  As the procurement policy is reviewed there will be an opportunity for members and officers to influence the emphasis placed on social value. As has already been mentioned in the first response, we as a Council have to weigh and measure several things – value for money, quality, data protection and meeting equality and ethical requirements, but the Welsh language is also taken into account when assessing tenders. 

 

If the member wants a further conversation about this, I would welcome that, and we can also arrange that with the Procurement Team. ⁠