Had an interesting email this morning from probably the sharpest legal brain I know, which accuses the Welsh Government of seriously duplicitous behaviour in respect of the timing of its controversial TAN8 decisions. Its a bit complex but I'll try to simplify what he claims happened.
European Directive 2001 requires member states to undertake statutory consultations with other agencies before proceeding with any "plan or programme" concerning "land use" or "energy". This directive was adopted in Wales by Statutory Instrument no 1656(W 170), taking effect on 24.7.04. The Welsh Government rushed through its TAN8 announcement just 11 days before the deadline - before when it would have been statutorily required to consult the Countryside Council for Wales, Environmental Agency and CADW. Environmental scrutiny of a massive land use change, supposedly to benefit the environment. The only people who would have understood what was happening would have been the relevant civil servants and the Minister they were advising.
Probably too late for Judicial Review, but its being looked at. Personally, if this is as reported, I would find it quite shocking to discover our new devolved democracy behaving in such an underhand way. Just one more thing. The First Minister was a barrister, and responsible for energy policy when all this happened.
Monday, 6 June 2011
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