Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025

Baroness Humphreys Excerpts

Monday 8th December 2025 Grand Committee

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, this order was laid before your Lordships’ House on 27 October 2025. The draft order is needed following the passage of the Senedd’s Infrastructure (Wales) Act 2024. The 2024 Act streamlines and unifies the decision-making processes for devolved infrastructure projects in Wales, including significant energy, waste, water and transport projects. It does this by creating a new consenting regime for these devolved projects, with a number of existing consents, authorisations and licences integrated into the new process. Previously, these devolved projects in Wales have been consented under various pieces of legislation, including the Electricity Act 1989 and the Transport and Works Act 1992. They will now require infrastructure consent under the Welsh Government’s 2024 Act.

The Welsh Government will commence the Infrastructure (Wales) Act 2024 and bring the new consenting process into force next week, on 15 December 2025. This draft order makes consequential amendments to UK legislation that falls outside the legislative competence of the Senedd. The amendments are necessary to ensure that the Act can take effect as intended and are therefore needed in advance of the new process coming into force. As the 2024 Act establishes a new consenting arrangement in Wales, it is not reflected in UK legislation in the same way that existing processes are. This order updates the relevant UK Acts to take account of the establishment of infrastructure consent in Wales by ensuring that it is treated in a way that is consistent with those existing consenting arrangements.

First, this order amends the Nuclear Installations Act 1965. Under the 1965 Act, applicants for a nuclear site licence may be directed to notify relevant public authorities about their application. This power of direction, however, does not apply to applications for nuclear generating stations, which require consent under the Electricity Act 1989. This is because the 1989 Act sets out its own requirements for consultation with public authorities. In line with this, Article 2 of this order ensures that the power of direction in the Nuclear Installations Act 1965 does not apply to projects which require infrastructure consent under the Infrastructure (Wales) Act 2024. This is because the 2024 Act similarly places its own requirements on applicants to consult with public authorities.

Secondly, this order amends the Planning (Hazardous Substances) Act 1990. When granting infrastructure consent under the 2024 Act in circumstances where hazardous substances consent would also be required, the Welsh Ministers can deem hazardous substances consent to be granted. This enables hazardous substances consent to be granted without a separate application being needed. Article 3 of this order amends the 1990 Act to create a requirement for the Health and Safety Executive to be consulted before hazardous substances consent can be deemed to be granted by the Welsh Ministers as part of an application for infrastructure consent. This ensures that the HSE can consider the risks that the hazardous substance may present to people nearby and provide science-based advice to the Welsh Ministers. This replicates the process for other consenting regimes, including under the Electricity Act 1989, which require consultation with the Health and Safety Executive in these circumstances.

This order amends Section 130 of the Finance Act 2013, which relates to the annual tax on enveloped dwellings. This tax is payable on properties that are within the UK, classed as a dwelling and owned fully or partly by a company or a collective investment scheme. Where a building is being converted for non-residential use and the conversion requires infrastructure consent under the new Welsh processes, Article 4 of this order ensures that the building will be classed as a dwelling for the purposes of the tax until consent required for the modifications is granted. This is in line with the process for conversions to buildings which require planning permission or development consent under the Planning Act 2008.

I welcome the Welsh Government’s infrastructure Act and the new streamlined consenting arrangements for devolved infrastructure in Wales. This draft order makes the necessary consequential amendments to reserved legislation, helping to ensure that the Welsh Government’s Act can take effect as intended. I beg to move.

[Baroness Humphreys (LD)]

My Lords, I welcome this statutory instrument, which provides the necessary consequential amendments following the enactment of the Infrastructure (Wales) Act 2024. It represents a sensible and measured step to ensure that the new Welsh infrastructure consent system is aligned with existing legislation across the United Kingdom. While this order is by its nature technical, it none the less reflects an important moment in the ongoing evolution of Wales’s governance arrangements. I therefore ask the Minister whether she views this legislation as an expression of confidence in Wales’s ability to manage and deliver major infrastructure projects and, more broadly, whether she considers it indicative of a direction of travel towards further devolution.

The Minister will know, as many of us do, that there is growing concern in Wales that the party which proudly introduced devolution in 1999 now appears resistant even to discussions about extending those powers or devolving additional services. In the last year alone, Members of both Houses have made the case for the devolution of policing, justice, youth justice and the Crown Estate, all to no avail. However, this order shows that effective co-operation between the Welsh and UK Governments is possible and productive. Can the Minister clarify whether she sees this as part of a broader commitment to strengthen that partnership and recognise Wales’s capacity to take greater responsibility for its own affairs?

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I thank the Minister for introducing this order to the Committee. The order makes minor and technical changes to UK legislation, recognising the provisions in the Infrastructure (Wales) Act 2024. That Act, passed by the Senedd in June 2024, simplified the consenting process for infrastructure projects in Wales. As the Minister outlined, energy, electricity, transport, water and waste projects can now proceed through a single approvals process monitored and applied by the Welsh Government. The effect of this order is to ensure that existing UK legislation aligns with the Act. This includes amendments to the Nuclear Installations Act 1965, the Planning (Hazardous Substances) Act 1990 and the Finance Act 2013. These changes are largely consequential, but they are necessary to make the provisions of the 2024 Act fully operational.

While we accept the technical purpose of this instrument, a number of questions arise. I am very happy to receive any answers in writing if necessary. First, are the agencies in Wales sufficiently resourced to handle the additional applications and responsibilities arising from these powers? Secondly, while the processes are broadly similar to current UK procedures, how will the Government ensure that assessments in Wales meet the same standards and rigour as those elsewhere in the UK? Thirdly, what types of projects are most likely to be affected by this new consenting regime over the next five years? I note the impact on the Nuclear Installations Act 1965, as the Minister would expect me to. Finally, do the Government anticipate this instrument acting as a gateway to further devolution of infrastructure powers to Wales? If so, how will safeguards be maintained to protect the public interest and ensure safety in vital sectors?

Third-party commentators have welcomed the aim of simplifying infrastructure approvals. It is hoped that this will encourage sustainable investment and support Wales in reaching its net-zero targets. That said, clarity and consistency in guidance will be essential if investors, the public and decision-makers are to have confidence in the new regime. Subject to the Minister’s assurances on the questions I have raised, we recognise the technical and consequential purpose of this order and support it.

European Union (Withdrawal Agreement) Bill

Baroness Humphreys Excerpts

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting: House of Lords & Report: 1st sitting
Monday 20th January 2020 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, my concerns in Amendments 5 and 7, to which I have added my name, lie around relationships, trust and respect—because, for all the legalese, that is essentially what is at issue here.

The National Assembly for Wales will be 21 years old this year—in human terms, a coming of age: the age of maturity and majority. Over these last 21 years, I have watched the Assembly take on more powers and responsibility—successfully, on the whole—and have seen many of its politicians increase in expertise and stature. But the inclusion in the Bill of these clauses, which would enable Ministers of the Crown to amend the devolution settlement, can only be described as a retrograde step and will surely have a detrimental effect on the relationship between Westminster and Assembly Governments.

These clauses give the Government the power to amend the Government of Wales Act in certain circumstances, without the consent of the Welsh Assembly. It is a recipe for a breakdown in trust and respect. The words “potential major constitutional conflict” have been mooted, and the potential for such a situation concerns me greatly. Far better, then, to use the route already open to the two Governments and already referred to by the noble Baronesses, Lady Hayter and Lady Finlay: consultations that could lead to the Assembly agreeing with changes to its own competence through a Section 109 Order in Council.

Whether we are talking about families, schools or workplaces, or, as in this case, politics, trust and mutual respect are key to successful relationships. The taking away of freedoms and powers is a means of control, and not a constructive act of relationship building between adults, or adult institutions—unless of course in this instance the aim is to disregard the relationship and impose the will of the UK Government on the Assembly Government. This Government, with their large majority in the other place, are in a position of power, but they have a duty to avoid unnecessary conflict and relationship breakdown by using that power wisely.

Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Baroness Humphreys Excerpts

Thursday 17th October 2019 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I thank the Minister for introducing the debate. I also express my thanks to officials for the comprehensive report that has been published. Since the previous reports were published, we have marked 1,000 days since the Executive at Stormont collapsed—1,000 days in which Northern Ireland has been without a government. This is shameful. During that time, we have seen the already often fractious relationship between the two biggest parties in Northern Ireland become even more damaged, due to a lack of respect and a seeming unwillingness to resolve the issues on the table. However, we on these Benches do not believe that the problems preventing the restoration of devolution are insurmountable. Indeed, the parties in Northern Ireland have come together in the past to resolve challenges far greater than those detailed on page 2 of the report. Perhaps the news today from the noble Lord, Lord Morrow, could point the way forward.

In the meantime, we have seen a worrying increase in levels of violence in Northern Ireland. In recent days we have seen a UDA mural unveiled in Bangor, with masked members of that paramilitary organisation openly posing beside it. A man was shot in a paramilitary-style gun attack in Newtownards. There have been around a dozen paramilitary gun attacks in Derry/Londonderry alone in the past 12 months, six of which occurred during August, September and October. A further security alert occurred on Monday night. There is absolutely no place for this kind of violence in a democratic society. The vast majority of people in the community in Northern Ireland want to make the transition away from paramilitaries and the associated intimidation and violence. We on these Benches remain committed to restoring devolved government as soon as possible.

The Secretary of State said earlier in the week that the parties would meet this week for further talks. Can the Minister confirm that such talks will include all the political parties in Northern Ireland, and give us a sense of how any discussions with or between the parties have gone since the previous report was debated in September? Having looked at the important policy issues of health, education, Northern Ireland’s economy and the need for political stability there, we urge the Government to ensure that there is real impetus to the discussions in Belfast to restore the Executive.

The section of the report relating to transparency of political donations states:

“There is a broader longstanding convention that changes to legislation directly affecting political parties are not made without wider discussion and consultation between parties and the Government”.


Can the Minister tell us whether any discussions have taken place with the political parties about changing the current law on the transparency of political donations to backdate it to January 2014? We continue to believe that the issue of consensus on this matter misses the point. If the political parties want secrecy around how they are funded, does that make it right or fair to the public? I want also to reiterate the point that parties were told by the Electoral Commission to inform every large donor after January 2014 that their details would eventually be published, so donors would have known this when they chose to donate.

I thank the Minister and his officials for the details included in the section of the report regarding abortion law reform. Clearly, a huge amount of work is being done to ensure that, if the Executive have not been restored by next week, there is guidance in place for healthcare professions.

Finally, I welcome the commitment in the report to updating the House in the next month.

Queen’s Speech

Baroness Humphreys Excerpts

Tuesday 27th June 2017 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I am grateful for the opportunity to take part in the debate today in response to the devolved issues raised in the gracious Speech. From the outset, I express profound disappointment at the lack of detail about future policies relating to our communities, families and economy in Wales. This is a Brexit programme for government following the Brexit general election, which produced no mandate in Wales for the Conservative manifesto. Although the manifesto made no specific legislative proposals for Wales, it made some specific commitments. Would the Minister care to comment on these?

Little has been heard since the election on the general principle of improving infrastructure in Wales. For many there will be dismay that projects such as the Swansea Bay tidal lagoon did not even appear in the manifesto, and the electrification of main lines appears to have slipped off the Government’s priority list. The worry for many of us is that the lack of reference to Wales in the Queen’s Speech engenders a feeling that Wales is continuing to be ignored and that important decisions for Wales are likely to be kicked into the long grass.

The Conservative manifesto committed to investing in an improved infrastructure for Wales, in particular to modernising our railways. Will the Minister assure me that this commitment has not been dropped and that we can be assured that it will go ahead? The Welsh Government have already developed business cases for major rail infrastructure investments, including Cardiff valleys electrification and, more recently, north Wales main line electrification, and has submitted these to the Department for Transport. On behalf of my fellow users of the north Wales main line and all other routes in Wales, I would be grateful if the Minister could comment on the present status of these projects and the level of UK funding available for them.

The Welsh Liberal Democrats have campaigned for many years for the abolishment of tolls for vehicles using the Severn crossings. We are pleased to see this committed to in the Conservative manifesto. I hope the noble Lord will be able to confirm that this is still the case.

The Minister will also be aware of the strong support across Wales for the Welsh language broadcaster S4C. There is widespread appreciation for the success it and Radio Cymru have achieved in meeting the demands of providing Welsh language broadcasting to satisfy a wide variety of viewers and listeners. I would appreciate an indication from the Minister of present government thinking on future funding.

On a related matter, I was interested to read recently that the DUP’s Arlene Foster is reported to have said on the possibility of an Irish language Act:

“If you feed a crocodile, it will keep coming back … for more”.


With plans for an Irish language Act apparently on the table at Stormont, I now suspect that the prospect of a £1 billion inducement will soon convince Mrs Foster that this particular crocodile has a pretty harmless appetite. Experience in Wales has shown that bilingualism brings many benefits in its wake and that there is nothing to fear.

As I said, the gracious Speech is a Brexit programme of work, but it does little to clarify what Brexit means, particularly in Wales. It leaves farmers in Wales still unclear about funding after 2020—funding that would enable them to plan investment in their businesses. It perpetuates their concerns about loss of access to the single market and the customs union, the importance of which to Wales has already been highlighted by the noble Lord, Lord Murphy. As their understanding of World Trade Organization rules increases, so farmers’ concerns in Wales about the imposition of average tariffs of 22% on their produce also grows. However, I welcome the inclusion in the gracious Speech of an agriculture Bill to set up a system to replace the common agricultural policy.

The gracious Speech leaves councils in west Wales and the valleys unclear about funding, too. With a GDP at 75% per capita of the EU average, on a par with Estonia and Lithuania, this part of Wales has qualified for EU structural funds since 2000. As with our farmers, 2020 looms as a cliff edge for structural funding. In two and a half years’ time, farmers will need security to continue their businesses. Councils need to be able to plan to continue to build the infrastructure to enable us to grow our economy, but still there appear to be no guarantees from the Government. However, now that we know that the magic money tree has been found and it really does exist, perhaps all my funding fears for Wales are unfounded.