Gunn by Terry Ward. 28lbs of Wye springer in good condition but seemingly net marked. Pictures to follow.
Latesrt 11lb fish from Wyesham on fly to Tim Risdale.
More below re the NRW Byelaw stitch up enquiry,
I understand that Noel Hulmston (Llyn Guides) may be writing to the
Minister as procedurally she is responsible for both NRW and the Planning
Inspectorate and as such she cannot be considered as independent as the
Minister was using her department to provide a recommendation from the
inquiry.
This issue was raised at the Carl Sargent inquest (I am just about
to read the coroners findings) as the First Minister instigated an inquiry
about his own conduct as such apparently the inquiry could not be classed as
‘independent’. The same applies with regards the byelaw inquiry and by
claiming that this was a ‘Local Public Inquiry’ (normally used to determine
planning application appeals lodged by developers) it enabled her to use the
Planning Inspectorate. This is despite the fact that this was in fact an
inquiry into ‘the all Wales byelaws’ (recognised as such in the closing
statement of the NRW barrister) and could not be claimed as a local issue i.e.
a single river system. In addition once the decision had been made to
call it a ‘local public inquiry’ it enabled the planning inspectorate to
appoint an inspector who had previously found in favour of NRW at a Planning
Appeal into a hydro development when the inspector rejected the developers
appeal on the basis of the ‘precautionary principle’ there is therefore the
appearance of bias as the whole of the NRW case was based upon the
‘precautionary principle’. Whilst I cannot challenge the integrity of the
inspector he had no fisheries knowledge and did not call any independent expert
witnesses as would have happened under an independent chairman of a Public
Inquiry conducted under the 2005 Inquiry Act. I had requested during the
recess that the inspector made site visits to compare different rivers as our
North Wales rivers cannot be compared with the Wye which was the exemplar for
the byelaws, this was rejected by the inspector and yet under planning appeal
procedures site visits are considered a requirement.
Finally by choosing “The Town and Country Planning (Applications
and Appeals Procedure) (Wales) Regulations 2017” the Minister avoids scrutiny
by the SENEDD as under the planning appeal procedure the Minister is the final
decision maker and does not have to debate her decision in the Assembly as would
happen under the Inquiry Act 2005 i.e. there can be no challenge other than
lodging an appeal within 4 weeks of the decision being made. We cannot
pre-empt what the inspectors report will say but my expectations are he will
lean heavily on the precautionary principle in his recommendations and the
proposals to introduce legislation to control agricultural pollution which the
inspector claimed was in support of the bylaws – it was not it was just a happy
coincidence that at some point in the future it may help to reverse the decline
in fish stocks.
I tried to cover these issues in my closing statement which seemed
to upset the barrister for NRW who claimed, somewhat petulantly, that CPWF hade
wasted inquiry time. I don’t think he expected our closing statements to
be as strong as arrogantly he had written his closing statement during the 3
week recess and he had difficulty updating his closing statement (he was
allowed 1.5 Hours by the inspector to do this) to counter the issues we raised
in our statements!
Feel free to forward this to your AM.
Chris
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