11/07/2016 House of Commons


11/07/2016

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centres is integrating the local services. Urgent question, Helen

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Goodman. I would like to ask the Chancellor of the Duchy of Lancaster

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if he would make a statement on whether or not the government will

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seek Parliamentary approval before triggering Article 50? The question

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of how to invoke Parliamentary discussion around triggering Article

:00:26.:00:29.

50 has two distinct assets, one legal and the other Democratic. To

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take the legal consideration first, everyone will be aware how about the

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debate about whether Article 50 can be done through the royal

:00:39.:00:41.

prerogative which is not legally parliamentary improvement approval,

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or if it would need a Parliamentary approval. I believe the lawyers to

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that highly paid dispute. The court case is already underway on this

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issue, so the judges may reach a different view, but I would remark

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that the government lawyers believe it is a royal prerogative issue. I

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hope everyone here will agree that democratic principles should I drank

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legal formalities. The Prime Minister has already said that

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Parliament will have a role and it is right that a decision as momento

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says this should be fully discussed in parliament. The precise format

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and timing of those debates and discussions will need to be agreed

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through the usual channels. I can't offer any more details today because

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the discussion simply haven't happened yet. I will venture a

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modest prediction that I strongly doubt they will be confined to a

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single debate or a single occasion. There will be many important issues

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about the timing and substance of different facets of the negotiations

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that the government, the opposition and the back fence business

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committee and maybe even you, Mr Speaker, will feel it is important

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to discuss. The details of which topics on what dates and the

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specific wording of the motions, we will have to wait and see. I thank

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the Minister for that reply. If the Royal prerogative is used to trigger

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Article 50, would this not be a clear breach of the promises made to

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the public during the referendum campaign by the Brexiters that they

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would take back control and restore Parliamentary sovereignty? Hike

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could it be right to mitigate negotiations with important and

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far-reaching significance for citizenship rights, immigration

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rules, employment and social rights, agriculture, trading relations with

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the EU, Scotland and Northern Ireland without seeking Parliament's

:02:46.:02:50.

approach to the aims, objectives and red lines? The issues at stake are

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the culmination of 40 years of legislation. Isn't epic strawberries

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to suggest that changes to these do not come back to the house?

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Trade-offs are extremely important to everyone living in the UK. Surely

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he is not suggesting they should be decided in Whitehall behind closed

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doors while Parliament is presented with a done deal? Isn't the

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Minister's inability to say hi Brexit will be negotiated a clear

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indication of the government's failure to do any contingency

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planning? Why is the Chancellor of the Duchy wasting taxpayer money on

:03:35.:03:37.

fighting a court case to keep the government's approached the Brexit

:03:38.:03:43.

secret? We know he can say today what the red lines will be, but why

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can't he at least be clear that Parliament's approval will be sought

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before the negotiations begin? When will he be able to say what the

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process will be? He says these are matters for a new government. Has

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the right honourable member for Maidenhead been consulted anchored

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the Minister tell the house when will we have a new government?

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A considerable burden has been placed by the honourable lady on

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Minister Penrose's shoulders. It would be good if we could hear his

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response. Firstly, I would gently say to the honourable lady that it

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is his difficult to argue that the government's approach to be said to

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be secret if it is in court, as it will be out in public. These issues

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will be revealed as we go forward with the new Prime Minister. The

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point on which I hope I can reassure her about is that my right

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honourable friend for Maidenhead has been very clear in saying that

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Brexit means Brexit. What that means is that the destination to which we

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are travelling is not in doubt. The means and how we get the will have

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to be explained, but I think it is only fair to wait until she is Prime

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Minister and has a chance to layout programme and the process, and

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therefore when Parliament will have a chance to discuss and debate these

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issues. At that point I am sure all will be revealed. Isn't the way to

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take back control and seek Parliamentary approval to proceed

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quickly to repeal the 1972 European Communities Act whilst transferrin

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all European law relevant to the single market into British law, but

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at the same time protecting our borders and keeping our

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contributions? That is what we voted for. Will the new government deliver

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that promptly? As I just said, the important thing to reassure my right

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honourable friend about is the representative for Maidenhead means

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that -- has said the Brexit means Brexit. The destination is not in

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doubt. The question of how we get there and hope to run the

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negotiations and the timings of what gets addressed when, I hope we can

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allow our new Prime Minister time to sort that out. The outcome of the EU

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referendum represented the most momentous constitutional change our

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country has faced in the post-war era. Night is the time to take the

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considered view on the future of the negotiations for the new government

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to layout the timetable, including when they anticipate Article 50 will

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be triggered. Article 50 should not be triggered until there is a clear

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plan in place about what the UK will be negotiating for and how that is

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going to be achieved. The government has already indicated it will

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consult the devolved administration and the Mayor of London and it must

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do the same with Her Majesty's official opposition. This is the

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only way they can develop a consensus on what the negotiating

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plan should be and that should be put to a vote on the size. The

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priority must be team undertaking the most substantial set of

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negotiations and are perhaps in modern history are fully equipped,

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resourced and fully prepared to extract the best deal possible for

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Britain. A trade agreements and I need to be really negotiated but it

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is suggested that only 20 people across the whole of Whitehall have

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the requisite experience to negotiate. We have deep concerns

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that the Autumn Statement which outlined drastic cuts for Whitehall

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long before Brexit materialised as a realistic possibility is no longer

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fit for purpose. That is why labour are saying to this government while

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discussions about article 50 are vital clearly what comes next

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matters even more. It'd be an abdication of responsibility for

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negotiating team do not have the resources they need and are forced

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to spend vital time implementing brutal budget cuts at home when they

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should be battling for Britain abroad. Let's properly resourced and

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Civil Service and come up with a consensus for the way ahead for

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Britain. I am pleased to hear her say that there is an opportunity

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here for cross-party consensus. It is important that those we are

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negotiating with no that Britain is speaking with one voice. I welcome

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her comments on that. I would agree with that it is important that we

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have a clear timetable as soon as our new Prime Minister is in place

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only because that the details of the timetable have to be geared to

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maximise our negotiation leveraged. That the new world we are gone but

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the question is how do we get there and the order in which issues are

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addressed and the timing of those has to be planned at incredibly

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carefully to make sure we get the best deal possible. I would also

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agree with her on this point of devolved government. We need to make

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sure that they are involved as well so it is not merely a question of

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consensus, cross-party consensus in Westminster, but consensus right the

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way across the UK. The Prime Minister urged originally said that

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he would trigger Article 50 immediately so I presume he felt he

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had the full legal authority to do so. Those who want to have a vote

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before Article 50 is triggered are not concerned with Parliamentary

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sophistry, it is a clear temp two thwart the Democratic will of the

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British people. They must be completely resisted by any real

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Democrats. The referendum was not a consultation with the British people

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it was an instruction from the British people that we have a duty

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to obey. I would strongly agree with my right honourable friend and

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Parliamentary neighbour that the question here is not the legal

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power, which has the Prime Minister has previously said is available,

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the question is what is politically and democratically right to reflect

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the decision that was made in the referendum. While the Prime Minister

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is sensibly saying that the timing and the method of triggering article

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50 needs to be a decision taken by his successor, I think also that his

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successor is very clear and also write to say that the British people

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have spoken and that Brexit means Brexit. We are grateful to the

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Minister for confirming that this will be done through royal

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prerogative. Perhaps that is the way that we can determine the leadership

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of the Labour Party. The exiting Prime Minister said that the

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Scottish parliament will be fully consulted on any Brexit proposal.

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Can you confirm that before any process has started an article 50

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that the Scottish Government will give their consent before you move

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forward? Scotland did not vote for this Tory inspired Brexit and it is

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the Scottish people before us are sovereign. We are yet to hear any

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minister say that they respect the Scottish result. This government

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might we charged with taking the UK out of the EU but these ventures are

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charged with ensuring that Scottish people always get what they voted

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for, too. I am delighted to confirm that the Scottish Government will be

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involved. I believe there are ready some early discussions under way. I

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hope and expect that those will continue as they will with the other

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devolved governments around the UK. I would gently remind the honourable

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gentleman that this is a commitment to consult, but it is not the same

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thing as an outright consent because as his own party has accepted

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recently, this is an issue which is not a devolved issue, it is

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something that is to be dealt with by this parliament and the UK as a

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whole and is something which is therefore a decision that we have

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taken as a country collectively. We are not seeking consensus as a term

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but would be seeking consensus... It will almost certainly not be

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forthcoming from the Scottish National benches. But he confirmed

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that there is no escape by doing this via Article 50? Whatever other

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Parliamentary processes that come behind that, it is a treaty

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obligations that we have to meet three invoking article 50 which is

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the instruction of the British people. Will he insure that is put

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in place as soon as we have negotiating hand in place? I would

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agree with my honourable friend and both of those points, that consensus

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is always desirable and should be sought wherever possible and that

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also article 50 and that route is to way of achieving Brexit. He is right

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to point out that it is only the tip of a much larger iceberg. There are

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a series of other things that have to wrap around that. I suspect we

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will hear more of them in due course. Is it not the case that

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referendums are advisory and that this Parliament is sovereign! Isn't

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it a constitutional outrage and the supreme irony that those people over

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there who base their argument for Brexit on Parliamentary sovereignty

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now want to deny this House vote and have suggested an unelected Prime

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Minister, unelected with no mandate, agrees to such a fundamental

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decision for this country. It is a disgrace and they must not be

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allowed to get away with that. Mr Speaker, with the greatest

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possible respect to the honourable gentleman, who has the experience,

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he might be right on legalities but democratically he is fundamentally

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wrong. We have had a referendum, the people have spoken and it would be

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unconscionable, impossible for us collect EUly for us to thumb our

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noses at the British people and ignore the result of that democratic

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verdict. Thank you Mr Speaker, can I point out that it would be extremely

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odd for the first time in this Parliament's history to instructions

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from the administrative court. Can I point out that were legislative

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consent realised, we passed the EU referendums Act which established

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the referendum and put the question before the British people? Well, Mr

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Speaker, I will endeavour to tread carefully, as there are cases either

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in train or planned. But I think that the fundamental political and

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democratic point must be this, which is that the people have spoken.

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Whichever side of the argument either members of this House or out

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in the rest of the country were on, it is up to all of us to unite as a

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country and make sure we respect the democratic decision and the

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democratic will clearly expressed. The Minister is an honest man and

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therefore when he says Brexit means Brexit he knows there are as many

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versions of Brexit as there are members on his benches here today.

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He needs to reaffirm parliamentary sovereignty and ensure that

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Parliament can vote on the Government's negotiating stance. For

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instance on the vexed and dangerous question of what happens at the

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Irish border. Mr Speaker, as I said in my opening response to the

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question, I'm sure that there will be many opportunities and many

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different occasions when this chamber will want to discuss and

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debate all sorts of different issues, including the one he just

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mentioned. This negotiation will be an ongoing process, and therefore he

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is right that there'll be many opportunities where specific issues

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will become salient, where people in this chamber will have strong views,

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people in devolved Governments will have strong views. These views will

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be aired in that process. Would my right honourable friend agree there

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is just the slightest chance that over the next few weeks we may be

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capable of generating more heat than light on this subject? It isn't the

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House of Commons, it isn't Parliament that will will be

:17:26.:17:28.

negotiated with the European Union, but the Government would he ask our

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recover the Chancellor of the Duchy to ensure that whilst Parliament

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should be kept informed and while it may express its view, it will be for

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the Prime Minister to carry out these negotiations once article 50

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is triggered. Parliament should Nottingham per the negotiating

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stance... Nottingham person. I think somebody wanted their lunch!

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LAUGHTER Should not constrain the negotiating tactics of any

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Government Minister. I think my right honourable friend gets the

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parliamentary award for optimism, saying there is only the slightest

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chance we might generate more heat than light over the next few weeks.

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This is something Ministers need to take forward. I'm certain that the

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Government and the opposition and the Backbench Business Committee and

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others will take many different opportunities to make sure that

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Parliament's views are forcefully expressed and the issues are debated

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as we go. Thank you Mr Speaker, the Minister will know that the

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triggering of article 50 will have profound consequences for the 3

:18:46.:18:49.

million EU citizens who are currently living within the United

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Kingdom. Has the Minister for Europe, who is sitting next to him

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on the Treasury bench, had any representations from other EU

:18:59.:19:01.

countries about the position of their nationalings here? And, if

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not, will we be able to have clarity as to whether or not they have the

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right to remain? At the moment Ministers are saying different

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things, with regard to these rights. We need the certainty before any

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triggering of article 50. Mr Speaker, the point of course is that

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there will be ongoing discussions about this and many other issues.

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The question about when those discussions might bear fruit, and

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there were concerns about informal negotiation being appropriate,

:19:37.:19:38.

that's something that will have to be resolved. As this stage I have to

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give the reply that we need to make sure we have a programme to be laid

:19:44.:19:48.

out by the Prime Minister as soon as she is in place. At that point I

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hope she will give more detail and clarity on that point, along with

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many others. Thank you flock. In terms of the doctrine of the

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sovereignty of Parliament, isn't it true that it is a sovereignty

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delegated by the British people, not given to us by twine right. It is

:20:06.:20:13.

absurd to think of the sovereignty being of divine right and of Kings.

:20:14.:20:19.

But the details of that mandate will no doubt be implemented by

:20:20.:20:22.

legislation. Mr Speaker, I will defer to my honourable friend and

:20:23.:20:25.

parliamentary neighbour on the details of the legalities of whether

:20:26.:20:29.

the some of renty begins and ends and where it is delegated from and

:20:30.:20:34.

to. The fundamental point is clear from his remarks and I hope mine

:20:35.:20:38.

earlier, that people have spoken. There's a democratic decision which

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we are now honour bound to deliver, and we should not try and resile

:20:44.:20:48.

from that or step back from it. Speaker spikes, expect that the

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Minister defers to his however friend on the matter of Hodge of

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Kings. Caroline Lucas. Thank you, will the consider be considering the

:20:58.:21:02.

proposal put forward by a thousand lawyers today which calls for an

:21:03.:21:05.

independent body to receive evidence from a wide range of groups and

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about the risks and benefits of triggering article 50 at different

:21:12.:21:14.

times. And will he ensure that that will be able to report before

:21:15.:21:20.

Parliament votes? Mr Speaker, I don't think I'm being overly cynical

:21:21.:21:26.

to wonder whether a proposal by 1,000 lawyers for a commission to

:21:27.:21:30.

deliberate at length might be a delaying tactic. The children be

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that yes need not to tie the hands of the incoming new Prime Minister.

:21:36.:21:39.

Or indeed of her negotiating team in the way that we approach this. As

:21:40.:21:44.

the lady from the opposition frontbench pointed out earlier, we

:21:45.:21:47.

need to make sure however we handle this it is aimed at getting the best

:21:48.:21:53.

deal possible for this country. Not just with our European member states

:21:54.:21:57.

but with other countries in the world as well. We've already got

:21:58.:22:05.

controversy break out, but the Minister's been doing a great job

:22:06.:22:09.

with his outpouring of common sense today on a heap of these questions.

:22:10.:22:15.

Will he just confirm that all common sense points not to triggering

:22:16.:22:21.

article 50 until it is in the UK's national interest to do so, as the

:22:22.:22:25.

Treasury committee has pointed out and reported on, and as the Governor

:22:26.:22:29.

of the Bank of England and the large number of other people who've been

:22:30.:22:35.

closely involved in these issues, having so concluded? Mr Speaker I'm

:22:36.:22:40.

happy to confirm that this is not a question offive we leave the EU. It

:22:41.:22:45.

is a question of how. And therefore the calculation which we all need to

:22:46.:22:49.

take and which the new Prime Minister and her team need to take

:22:50.:22:53.

is the best way to structure the negotiations and time those

:22:54.:22:57.

negotiations to maximise our negotiating leverage. I'm sure

:22:58.:23:01.

therefore she will, as we will all have read the Select Committee

:23:02.:23:04.

report with great care and will take those fact into consideration. The

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Minister said at the beginning of his first answer this wasn't just a

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legal matter, it was a political matter. So I cannot see for the life

:23:12.:23:15.

of me why the Government is challenging the legal case. Surely

:23:16.:23:19.

it is just a complete waste of money to send lawyers, whether it is ten

:23:20.:23:24.

or 1,000, it doesn't matter, why on earth is the Government wasting

:23:25.:23:27.

money on trying to assert this is just a matter of royal prerogative

:23:28.:23:31.

rather than accepting the political fact that yes bricks is it bricks

:23:32.:23:35.

that. Mail the case, but the truth of the matter is he is far more

:23:36.:23:40.

likely to get a good deal out of other European countries if he has

:23:41.:23:44.

managed to bind all sides of this House and both houses into a strong

:23:45.:23:49.

negotiating position? Mr Speaker, I had thought I had hoped that perhaps

:23:50.:23:55.

when the honourable lady who spoke for the opposition frontbench she

:23:56.:23:58.

was speaking for more people on her side and we were going to achieve

:23:59.:24:03.

some degree of cross-party consensus on this, because I think it is

:24:04.:24:09.

helpful if we can achieve some degree of country wide unanimity on

:24:10.:24:17.

it. I'm sad it doesn't like like there is that degree of unanimity on

:24:18.:24:22.

the opposition benches. The Attorney General is convinced that the

:24:23.:24:25.

Government's case is strongly arguable. That's why we are taking

:24:26.:24:37.

this case to court. We are many a strange situation where last week

:24:38.:24:41.

the result of the referendum were so catastrophic for the Labour Party

:24:42.:24:45.

where they passed a vote of no confidence that ir their leader

:24:46.:24:49.

whereas today it is neither here nor there, and we can keep ourselves in

:24:50.:24:53.

the EU because of parliamentary democracy. Perhaps they will make

:24:54.:24:57.

their mind up soon. Doesn't what we've heard make the point that

:24:58.:25:00.

these... THE SPEAKER: Order! I want to hear

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the honourable gentleman. I don't care whether other people want to

:25:06.:25:10.

hear him or not, but we are going hear the honourable gentleman the

:25:11.:25:13.

Member for Shipley. It is as simple that. I don't care how long it

:25:14.:25:20.

takes. Thank you Mr Speaker. These devices are not here to try and help

:25:21.:25:23.

the Government implement the will of the public. What they are asking for

:25:24.:25:27.

is the right to try and stop the will of the public being

:25:28.:25:31.

implemented. If the Government doesn't implement this because

:25:32.:25:34.

Labour frustrates the process, they'll be wiped out in the north of

:25:35.:25:38.

England in a future general election. They might be help bent on

:25:39.:25:42.

self destruction, but can I ask the Minister to save the Labour Party

:25:43.:25:48.

and implements Brexit in full? Mr Speaker, there are many reasons for

:25:49.:25:52.

implementing Brexit in full. That's the first time anyone has urged me

:25:53.:25:56.

to do it to save the Labour Party. I'm delighted to hear it from my

:25:57.:25:59.

honourable friend the Member for Shipley. I would also agree with him

:26:00.:26:04.

that there will be a nagging concern in the minds of some people,

:26:05.:26:09.

unworthy though it may be, that some of these proposals to delay or

:26:10.:26:15.

subject to intricate parliamentary procedures might be to try and

:26:16.:26:20.

frustrate the democratic expressed will of the people. And that would

:26:21.:26:26.

be democratically entirely wrong. I supported Remain. I have no regrets

:26:27.:26:30.

or apologies about that in the slightest. But is it not absolutely

:26:31.:26:36.

essential that the majority decision taken rightly or wrongly should be

:26:37.:26:43.

respected? Otherwise it makes a complete mockery of democracy. Mr

:26:44.:26:49.

Speaker, beautifully and eloquently expressed. We are all, I hope,

:26:50.:26:54.

Democrats first and foremost. Whichever side of the referendum

:26:55.:26:58.

debate we were on, in this House or more broadly across the country as a

:26:59.:27:03.

whole we have to respect the democratically expressed will of the

:27:04.:27:08.

British people. I'm glad to see the Attorney General in his place on the

:27:09.:27:13.

Treasury bench. Does the Minister dissent from the proposition put

:27:14.:27:17.

forward by the formered head of the Government legal service and many

:27:18.:27:21.

others, namely that article 50 is the only lawful route for exiting

:27:22.:27:26.

the EU? That's a matter for the royal prerogative. The 2015

:27:27.:27:31.

referendum Act is not of itself ad-Kuwait in law to constitute

:27:32.:27:38.

notice under article 50, and finally that to unilaterally repeal the

:27:39.:27:41.

European Communities Act other than through the article 50 process will

:27:42.:27:45.

be a breach of a threaty obligation, something no Government has done in

:27:46.:27:50.

300 years and would be wholly unconscionable. Mr Speaker, he asked

:27:51.:27:55.

four questions. The answer to the first three is a straightforward

:27:56.:28:02.

yes. The only gloss about how we might amend or repeal the European

:28:03.:28:08.

Communities Act but others is they would require primary legislation to

:28:09.:28:12.

do so. That will be brought forward when the time is right. Thank you Mr

:28:13.:28:16.

Speaker. Reference has been made by the Minister to discussions with

:28:17.:28:21.

devolved regions. Could the Minister outline what discussions have taken

:28:22.:28:25.

place with the Northern Ireland Executive, the Northern Ireland

:28:26.:28:29.

Assembly and the Irish Government? Because there are particular issues

:28:30.:28:33.

there to do with the need for free movement of goods, services and

:28:34.:28:37.

people, otherwise lit be very detrimental to the whole economy of

:28:38.:28:43.

the island of Ireland. Mr Speaker, the honourable lady is absolutely

:28:44.:28:48.

right, these are extremely ticklish and difficult cushion I can confirm

:28:49.:28:53.

that the discussions have begun and I can't aim afraid go into huge

:28:54.:28:57.

detail here as to however they've got or what the future plans are. If

:28:58.:29:02.

she has any concerns or doubts about how they might be progresses in

:29:03.:29:05.

future, I encourage her to come to me or the Northern Ireland Office

:29:06.:29:09.

and I'm sure we can set her mind at rest. Does my right honourable

:29:10.:29:15.

friend not agree it would be positively contemptuous of the will

:29:16.:29:18.

of the British people so clearly expressed if this Government were to

:29:19.:29:22.

refuse to trigger article 50? What does he feel would be the response

:29:23.:29:25.

of the British people at the next general election who encouraged that

:29:26.:29:29.

such contempt should be shown that their views?

:29:30.:29:35.

It is essential for the health of our democracy as much as for the

:29:36.:29:42.

future direction of this country for voters to understand and believe

:29:43.:29:46.

that we hear hold their opinions in high regard and are beyond morally

:29:47.:29:54.

bound to deliver on those views. If we ignore the Democratic consent, we

:29:55.:30:01.

will be in a much bigger problem than we are currently. It be

:30:02.:30:08.

something that undermine democratic consent which undermines this place.

:30:09.:30:14.

Isn't this situation a little bit more than ticklish? This is the

:30:15.:30:20.

biggest constitutional change for our country for half a century. Last

:30:21.:30:29.

week John Chilcot criticised the legal process that led to the Iraq

:30:30.:30:34.

war, the way that prerogative power work in the run-up to the Iraq war

:30:35.:30:39.

and, most importantly, he criticised the fact that there was not a

:30:40.:30:43.

sufficient plan once we had completed the inflation. On that

:30:44.:30:49.

basis, is the Minister really saying that you should not come back to

:30:50.:30:54.

Parliament so that individual members can come to a few of whether

:30:55.:31:04.

we should trigger Article 50? I withdraw a distinction in my reply

:31:05.:31:09.

between the question about whether or how. We have been clear and the

:31:10.:31:16.

right honourable lady who represents Maidenhead has been very clear that

:31:17.:31:20.

the destination is not in doubt, Brexit means Brexit. But how we get

:31:21.:31:25.

there is a matter for discussion, for her to lay out when she is

:31:26.:31:29.

behind the door at number ten. I'm sure she will do so and I think at

:31:30.:31:34.

that stage the honourable gentleman will have more information on how

:31:35.:31:40.

those announcements might be made. Switzerland had a referendum were

:31:41.:31:48.

they determined to immigration, but because of the protracted

:31:49.:31:50.

negotiations that they had with the EU the EU decided to start

:31:51.:31:55.

retaliatory measures including removal from Rasmus schemes and so

:31:56.:31:59.

forth. How long does the Minister we have before we can act is a good

:32:00.:32:05.

Article 50 four of the EU start retaliatory measures must? My

:32:06.:32:11.

honourable friend asked an extremely pertinent question. That will be one

:32:12.:32:17.

of the questions that the incoming Prime Minister and her negotiating

:32:18.:32:21.

team will be factoring into the decisions about how we do the timing

:32:22.:32:24.

and order of play on the negotiations. It must clearly be an

:32:25.:32:30.

issue and a case study which will be front and centre in the

:32:31.:32:33.

considerations as they make their decisions. A majority of my

:32:34.:32:40.

constituents still feel very angry. They feel that they were

:32:41.:32:44.

misinformed. In view of that they feel that they need to know the

:32:45.:32:50.

fact. One of the facts made to us in the foreign affairs Select Committee

:32:51.:32:54.

was that the size of the Foreign Office will need to be doubled.

:32:55.:32:59.

Given that in the Autumn Statement it was said that there would be

:33:00.:33:07.

drastic cuts in Whitehall, shouldn't we have a new Autumn Statement to

:33:08.:33:11.

spell out the implications of Brexit to the British people? It is clear

:33:12.:33:19.

that many things will change in the New World that we are facing. The

:33:20.:33:26.

country's trade orientation, its foreign policies will all have to be

:33:27.:33:30.

re-addressed and potentially amended in the same way that many of our

:33:31.:33:33.

businesses will have to reassess how they do business. There may have to

:33:34.:33:38.

be some changes but I would just say to her that I don't want to

:33:39.:33:43.

prefigure anything that the incoming Prime Minister might be able to

:33:44.:33:48.

announce. She, like me, will have to wait until those announcements are

:33:49.:33:52.

made. I would take that she said as the submission to the new Primus did

:33:53.:34:01.

-- prime ministerial team. The shadow spokesman talked about a free

:34:02.:34:06.

trade agreements that the to be re-negotiated. My understanding is

:34:07.:34:11.

that there are about 167 independently recognise countries

:34:12.:34:15.

outside the EU. The honourable lady for Bishop Auckland talked about,

:34:16.:34:20.

suggested that the government may be something other than inclusive about

:34:21.:34:23.

its process of discussing Brexit when we have had 34 million

:34:24.:34:27.

participants to did he have given us a clear message. Does my honourable

:34:28.:34:31.

friend agree with me that rather than spending time focusing on

:34:32.:34:35.

whether we should invoke article 50 and whether we should adhere to the

:34:36.:34:40.

mounted of the people, whether we should focus our efforts on a new

:34:41.:34:44.

collaborative relationship with our European neighbours and grabbing the

:34:45.:34:47.

opportunities from the rest of the world? By honourable friend is

:34:48.:34:53.

right. The focus now must be on how we get this done and how we get it

:34:54.:34:56.

done in the best and most constructive way possible. There

:34:57.:35:01.

will be opportunities. There will be great new horizons which can be

:35:02.:35:05.

addressed as a result of this decision and we need to make sure we

:35:06.:35:09.

are clear about them and set up in the right way to grab those

:35:10.:35:10.

opportunities as they present themselves. Britain will have two

:35:11.:35:20.

years to withdraw from the European Union wants it invokes article 50.

:35:21.:35:24.

But most analysts say it will take much longer than two years for

:35:25.:35:28.

Britain to successfully extricate itself and have a new relationship.

:35:29.:35:34.

Has the government thought about approaching member states for a

:35:35.:35:39.

possible extension to that period? Any alteration to the process around

:35:40.:35:43.

article 50 requires unanimity from the other EU member states, so that

:35:44.:35:49.

there is inherently a pretty high bar that any government would need

:35:50.:35:52.

to pass. While I'm sure it will be a fact you're considered by the new

:35:53.:35:57.

incoming Prime Minister entertained there will be many other options

:35:58.:36:00.

that they will want to consider as well in order to maximise our

:36:01.:36:05.

negotiating beverage. As I said before, both of us will have to wait

:36:06.:36:09.

until the new Prime Minister is ready to make announcements about

:36:10.:36:12.

how she and team are going to approach those issues. The

:36:13.:36:18.

referendum has been a deeply divisive and says, dividing city

:36:19.:36:24.

against time, community against community and nation against nation.

:36:25.:36:26.

With the Minister agree with me that we now need a cross-party approach

:36:27.:36:31.

to dealing with the issue of when to invoke Article 50 and the basic

:36:32.:36:36.

negotiating position around that, and then to hold the negotiating

:36:37.:36:43.

team to account. Would he consider finding a special Parliamentary

:36:44.:36:48.

committee to do both of those jobs? The current Prime Minister has said

:36:49.:36:52.

that he believes it is very important that not just the current

:36:53.:36:58.

government but also the devolved governments and indeed wherever

:36:59.:37:01.

possible on a cross-party basis of the parties as well, are able to

:37:02.:37:07.

contribute to this so we can speak as a nation with one voice. He is

:37:08.:37:10.

also right to say that the referendum was a divisive of the and

:37:11.:37:15.

that is something which is not just political parties need to knit

:37:16.:37:18.

together again but also society needs to knit together again. I

:37:19.:37:24.

don't share his enthusiasm for a Parliamentary committee as the

:37:25.:37:27.

solution to achieve all of that, but I do share his conviction that a

:37:28.:37:32.

degree of healing is required and all of us on all sides of the house

:37:33.:37:37.

have a duty to make sure our respect of parties and the communities we

:37:38.:37:39.

represent are able to come together for the good of the country in the

:37:40.:37:46.

future. More than 60% of my electorate voted to leave the

:37:47.:37:52.

European Union so I am very much honouring their views and opinions.

:37:53.:37:57.

The triggering of Article 50 is uncharted waters for this government

:37:58.:38:04.

and for the European Union. Wouldn't it make sense for the government to

:38:05.:38:09.

be an open negotiation with their European counterparts to set out the

:38:10.:38:14.

parameters, the process, areas of commonality and then to come back to

:38:15.:38:18.

this House to set out what is the likely procedure so that we can make

:38:19.:38:24.

sure that we get the very best deal for the people of Denton and

:38:25.:38:28.

Redditch and people of the United Kingdom as we take forward the

:38:29.:38:34.

referendum into reality? The honourable gentleman is right to say

:38:35.:38:40.

that article 50 is uncharted waters. We are of necessity having to

:38:41.:38:46.

address by new problems. I will take the rest of his remarks as admission

:38:47.:38:51.

-- as a submission to the new Primus to and her negotiating team.

:38:52.:38:55.

Whatever process they layout has to be founded on one central principle,

:38:56.:39:00.

which is that it needs to maximise the negotiating strength of this

:39:01.:39:04.

country as a whole to get the best deal possible. The Minister cannot

:39:05.:39:14.

say what Brexit means Brexit really means, is it not therefore vital

:39:15.:39:19.

that given that we have no idea what the terms of the spreads it will be

:39:20.:39:23.

that it is properly scrutinised and voted on by the democratically

:39:24.:39:30.

elected members of this House? I think I addressed that in my initial

:39:31.:39:35.

remarks. There will be lots of opportunities over a long period on

:39:36.:39:38.

many different facets of the negotiations for Parliament to

:39:39.:39:42.

debate and discuss these issues. I am sure that she and many others

:39:43.:39:45.

will have a chance to make their views known. When it comes to any

:39:46.:39:50.

decisions that will be made I will have to wait for the new Prime

:39:51.:39:53.

Minister to layout programme and timetable for that. I'm sure all

:39:54.:39:59.

will be made clear and at that point we will be able to address any

:40:00.:40:05.

decision points that may be offered. A majority of my constituents voted

:40:06.:40:10.

to remain and whilst they are concerned about the result there

:40:11.:40:14.

will be more concerned to think that Parliament would have anything less

:40:15.:40:23.

than a full say in this process. I would like the Minister to explain

:40:24.:40:28.

what role specifically does he see the Welsh Government ministers and

:40:29.:40:31.

the Assembly itself having in making a decision on this final proposal?

:40:32.:40:45.

As I mentioned in my response earlier, there are a series of

:40:46.:40:50.

discussions already underway. We are endeavouring to seek consensus

:40:51.:40:52.

wherever possible. It is also true that ultimately foreign policy is

:40:53.:40:57.

something that is reserved to the United Kingdom Parliament. Welton

:40:58.:41:01.

wants to make sure that everybody has the chance to contribute will

:41:02.:41:06.

want a collective view so we understand what the best

:41:07.:41:08.

opportunities after the different constituent parts of the United

:41:09.:41:11.

Kingdom. At the end of the day it has to come back to the United

:41:12.:41:17.

Kingdom government and Parliament. Brexit means Brexit, but there is no

:41:18.:41:29.

agreed definition of what it means. Is the ministers seriously proposing

:41:30.:41:34.

that we should undergo such a momentous, seismic change has Brexit

:41:35.:41:38.

provided having been defined to the British people before the referendum

:41:39.:41:41.

or decided upon by Parliament after it? The honourable lady is

:41:42.:41:49.

absolutely right that the details will become a great deal clearer as

:41:50.:41:54.

a negotiation goes through. Therefore, all of us will discover

:41:55.:41:58.

more about how rates it will impact on different parts of our lives as

:41:59.:42:04.

those negotiations near completion in various different facets. I must

:42:05.:42:07.

come back to the point I have made which is that we will not be able to

:42:08.:42:12.

say how Parliament will engage with that until the new Prime Minister

:42:13.:42:16.

has had the chance to lay timetable whereupon it will be possible to

:42:17.:42:20.

assess when the opportunities for debate and discussion will occur.

:42:21.:42:26.

This was not the question I was going to ask but given the response

:42:27.:42:31.

by the Minister I want to press him on the extent to which devolved

:42:32.:42:36.

institutions will be consulted. There are clearly some government

:42:37.:42:39.

departments are much of the workers devolved, like and farming, yet in

:42:40.:42:46.

terms of the EU it is Age UK Government negotiating position.

:42:47.:42:48.

That really does need to be resolved. The honourable lady gives

:42:49.:42:54.

a very good illustration of the sort of area where it is very important

:42:55.:42:57.

to make sure that the constituent parts of the UK are closely involved

:42:58.:43:01.

so that their views can be fact reading, if it is at devolved or

:43:02.:43:09.

non-default issue, there will be plenty of occasions when Tuesday to

:43:10.:43:11.

be fed back very carefully to inform the negotiation discussions. Urgent

:43:12.:43:24.

question, Andy Slaughter. If the Secretary of State would make a

:43:25.:43:26.

statement on the safety of staff and prisons. A central duty of the

:43:27.:43:38.

Ministry of Justice is security in prison estate is imperative that the

:43:39.:43:42.

dedicated professionals working in prisons are say. We need to

:43:43.:43:47.

safeguard the welfare of those in custody. It is a profound concern to

:43:48.:43:50.

me that serious assaults against that in prison have been on the

:43:51.:43:56.

rise. In the 12 months to December 2015 there have been 625 incidents,

:43:57.:44:02.

an increase of 31%. Those who work in our prisons are idealistic public

:44:03.:44:06.

servants who run the risk of assault and abuse everyday but they continue

:44:07.:44:10.

in their jobs because they are driven by a noble cause. They want

:44:11.:44:14.

to reform and rehabilitate offenders, that is why we must stand

:44:15.:44:20.

behind them. I know that members of the Prison Officers Association? And

:44:21.:44:22.

other trade unions want rapid action taken to make the work safer. I

:44:23.:44:29.

understand the frustration and I'm determined to help. Violence and

:44:30.:44:33.

prisons has increased for a number of reasons. The nature of the

:44:34.:44:36.

offenders in custody as one factor. Younger offenders involving

:44:37.:44:41.

gang-related attack cities pose a particular concern. Another factor

:44:42.:44:44.

is the widespread availability of new psychoactive substances.

:44:45.:44:49.

Synthetically manufactured drugs more difficult to detect than

:44:50.:44:51.

traditional cannabis and opiates. The former chief and prisons said

:44:52.:45:08.

NPS is the greatest threat. It is also a consequence of prisoners'

:45:09.:45:12.

boredom and lack of faith in the future. We are taking steps to

:45:13.:45:15.

reform our prisons, to take account of our change prison population more

:45:16.:45:20.

than 2,800 new prisoner officers have been recruited since January

:45:21.:45:28.

2015, a net increase of 530. To keep them safer we are deploying body

:45:29.:45:36.

worn cameras. And from May we outlawed psychoactive substances. In

:45:37.:45:40.

June I allocated an extra ?10 million in new funding for prisoner

:45:41.:45:44.

safety and the money has gone direct to governors. All these steps will I

:45:45.:45:49.

believe help to improve safety. But first I want to stress that my

:45:50.:45:53.

department's door will be open to staff and their representatives to

:45:54.:45:57.

ensure that we work collaboratively together to improve conditions for

:45:58.:46:02.

all in our Prince. Second, it is because I've seen for myself how

:46:03.:46:06.

urgently we need to change our prisons for the better this

:46:07.:46:10.

Government initiated a major reform programme. We'll be change ageing

:46:11.:46:15.

and ineffective prisons with no establishments designed to foster

:46:16.:46:21.

rehabilitation. We'll give governors greater scope to have greater

:46:22.:46:25.

activity. And as we press ahead with this reform programme I'm confident

:46:26.:46:29.

that we can ensure that our prisons can become what we can ensure that

:46:30.:46:33.

our prisons can become what they should always be - safe and secure

:46:34.:46:35.

places of redemption and rehabilitation. Thank you Mr

:46:36.:46:43.

Speaker. The situation on our prison estate continues to deteriorate. As

:46:44.:46:48.

the Secretary of State concedes. I'm sorry we've heard nothing new from

:46:49.:46:52.

him today. Over the weekend prison staff had crisis meetings across the

:46:53.:46:57.

country amid concerns about the security and safety in the

:46:58.:47:03.

workplace. Indents of violence are reported on a daily basis. The

:47:04.:47:13.

Ministry of Justice spokesman caused the action unlawful. I wonder if the

:47:14.:47:16.

Secretary of State thinks that's an appropriate staff to members of

:47:17.:47:19.

staff concerned about their welfare and indeed that of the inmates.

:47:20.:47:23.

According to local staff that the prison in Liverpool, over the past

:47:24.:47:27.

12 months there've been more assaults than in the previous 12

:47:28.:47:32.

years. One member of staff was stabbed, others have been spat at,

:47:33.:47:39.

punched, kicked and urine and faeces thrown over them. Riot officers were

:47:40.:47:48.

certainty to a prison in Birmingham. And then a prisoner was found dead

:47:49.:47:54.

in his cell. 5,000 and 6,000 prison officers had taken part in the

:47:55.:47:58.

pre-shift meetings. The Secretary of State will also be that were a

:47:59.:48:03.

freedom of information request last week revealed there had been many

:48:04.:48:09.

accounts in the last five month, including that from Wormwood Scrubs.

:48:10.:48:14.

Following that walkout in May and a serious assault on two officers, he

:48:15.:48:18.

did announce ?10 million. But frankly the Secretary of State has

:48:19.:48:24.

been absent in the last few weeks. We have had an inadequate and

:48:25.:48:28.

reactive response to each crisis. We do need a full response to what is a

:48:29.:48:33.

growing and increasing crisis. As he correctly says the growing number of

:48:34.:48:38.

serious assaults. I hope we will hear that full strategy soon, for

:48:39.:48:42.

the safety of our prison officers and prisoners. If we don't have

:48:43.:48:46.

that, he is going the lose cell fully of the prison estate. Ky thank

:48:47.:48:52.

the honourable gentleman for the detail and the tone of his remarks.

:48:53.:48:56.

Now on the backbenches he continues the great work he did on the

:48:57.:49:02.

frontbenches in making sure that the condition of our prisons is kept in

:49:03.:49:11.

the forefront of our minds. Thank to his dell gent work and the justice

:49:12.:49:14.

Select Committee a number of areas of concern have been brought to our

:49:15.:49:18.

attention or highlighted or underlined. We've appointed a highly

:49:19.:49:24.

experienced prisoner Governor in order to lead work to ensure that

:49:25.:49:28.

our prisons are more secure. She set up a specific task force to visit

:49:29.:49:34.

the prison which is face the greatest challenge. Prison Governors

:49:35.:49:38.

are feeling reassured and strengthened they are having the

:49:39.:49:42.

best advice to help them deal with the problems. We have rolled out a

:49:43.:49:48.

specific interstrengths help prison officers de-escalate violent

:49:49.:49:56.

incidents. It is pioneered by a first rate professional, Ross Kemp,

:49:57.:50:01.

who is due to be Governor in front of a prison in Wales. We've been

:50:02.:50:07.

given ?1.3 billion. I shall not run away from the fact we have a

:50:08.:50:12.

difficult situation in our prisons. That'sy visited the BBC to visit our

:50:13.:50:19.

prisons in recent weeks, in order to ensure we tackle this problem

:50:20.:50:25.

fairly. I know the honourable gentleman is sincere and look

:50:26.:50:29.

forward to working with him in that end. The Secretary of State's full

:50:30.:50:34.

and prompt response to our Select Committee report on prison safety

:50:35.:50:37.

published in May does great credit for his own personal commitment to

:50:38.:50:41.

tackling this issue. His frankness about the level of the challenge

:50:42.:50:45.

that we face. In going forward, will he perhaps give further updates as

:50:46.:50:49.

to whether he is now able to take on board some of the recommendations in

:50:50.:50:54.

the report. For example the Ministry of Justice and offender management

:50:55.:51:00.

service producing an action plan to tackle the underlying cause of the

:51:01.:51:04.

violence, staff retention issues and quarterly reports to this House, so

:51:05.:51:10.

we can measure progress against specified and clear targets? I'm

:51:11.:51:15.

grateful to the chairman of the Select Committee for his reports. E

:51:16.:51:18.

chairman of the Select Committee for his reports. The - I agree we'll

:51:19.:51:22.

bring forward an action plan, provide this House with regular

:51:23.:51:26.

updates on the steps we are taking. Recruitment and retention of staff

:51:27.:51:30.

is critical. Critical. I want to underline one of the points in

:51:31.:51:33.

response to both the Member for Hammersmith and the chairman of the

:51:34.:51:36.

Select Committee, I want to work with the prison Officers Association

:51:37.:51:40.

and trade unions to ensure that all concerns are addressed. I also want

:51:41.:51:45.

to ensure we can continue to attract high quality people into the prison

:51:46.:51:50.

service it is a vital job. Mr Speaker, the situation in our

:51:51.:51:53.

underfunded prisons is deteriorating. There have been

:51:54.:51:58.

consequences to the Government's decision to cut ?900 million from

:51:59.:52:02.

the min visit to justice Budget. Ecision to cut ?900 million from the

:52:03.:52:05.

min visit to justice Budget. -- Ministry of Justice Budget. Assaults

:52:06.:52:09.

are up. There are 13,000 less prison staff than in 200 but there are more

:52:10.:52:16.

prisoners than we were in 200. This Government has made prisons less

:52:17.:52:19.

safe for staff and for prisoners. There's a service crisis. On Friday

:52:20.:52:24.

members of the prison Officers Association held meetings across the

:52:25.:52:29.

country to discuss what they call the perpetual crisis in the prison

:52:30.:52:32.

service. The Secretary of State has accepted there are significant

:52:33.:52:36.

problems. The Chief Inspector has said prisons are a lot more

:52:37.:52:40.

dangerous and has said staff shortages have had an impact. The

:52:41.:52:44.

justice Select Committee has demanded an action plan. Given all

:52:45.:52:51.

this, will the Secretary of State explain, has the Secretary of State

:52:52.:52:55.

or the National Offender Management Service spoken to the prison

:52:56.:52:59.

Officers Association since Friday's meetings outside prisons? What is

:53:00.:53:03.

the Secretary of State's plan to reduce staff assaults, which have

:53:04.:53:07.

increased by 36% in the past year? And on the ?10 million allocated to

:53:08.:53:14.

safety, if he finds, as I suspect he will, significantly higher spending

:53:15.:53:19.

he has experimentally allocated to Bristol and Rochester does indeed

:53:20.:53:23.

have much greater impact, will the Secretary of State increase safety,

:53:24.:53:28.

spending elsewhere. And in relation to the prisons identified for

:53:29.:53:33.

greater operational freedom in the upcoming Bill, a process the

:53:34.:53:37.

Secretary of State has liked to school academisation, will he

:53:38.:53:41.

confirm that we will not see a watering down of staff terms and

:53:42.:53:45.

conditions or creeping privatisation? Mr Speaker, isn't it

:53:46.:53:49.

time this Government stopped failing prison staff, stopped failing

:53:50.:53:53.

prisons and stopped failing our society in this regard? Can I first

:53:54.:54:01.

of all welcome the honourable gentleman to the frontbench in his

:54:02.:54:07.

new role. He has a distinguished legal career behind him, and some of

:54:08.:54:10.

the questions he asked today go directly to the heart of the matter.

:54:11.:54:15.

We have spoken to the prison Officers Association. Senior figures

:54:16.:54:18.

in the National Offender Management Service have been in touch with the

:54:19.:54:28.

... Service have been in touch with the

:54:29.:54:32.

I found their approach to be constructive and cordial and I want

:54:33.:54:36.

to maintain good relations with them in future. He makes the point that

:54:37.:54:43.

?10 million may need to be expanded in staff safety. This money has been

:54:44.:54:46.

spent to individual Governors to pend as they think fit. But of

:54:47.:54:49.

course we'll do everything possible to ensure that the resources are

:54:50.:54:55.

there to safeguard not just those who work in our prisons but the

:54:56.:54:58.

appropriate welfare of those in custody. He asked about the prison

:54:59.:55:05.

reform Bill and the six reformed prisons should have a greater degree

:55:06.:55:10.

of autonomy. He asked if academisation is a prelude to

:55:11.:55:16.

privatisation. It is the case that in these six prisons the governors

:55:17.:55:22.

exercise a greater degree of autonomy, but not at the expense of

:55:23.:55:27.

terms and conditions. Or safety of staff. We want staff to feel that

:55:28.:55:32.

the work they do is valued and rewarded and the outstanding

:55:33.:55:35.

governors taking forward change this these prisons live and breathe

:55:36.:55:43.

respect for their staff every day. The prisons and brokenation

:55:44.:55:49.

ombudsman told the Select Committee about the per ravesness n told the

:55:50.:55:52.

Select Committee about the per ravesness of mental health -- the

:55:53.:55:58.

per ravesness of ntal health -- the per ravesness of mental health

:55:59.:56:01.

issues - pervasiveness of mental health issues. My honourable friend

:56:02.:56:04.

makes a good point. One of the difficulties that we face is that

:56:05.:56:07.

very many of the people who've in custody are people with mental

:56:08.:56:10.

health problems. In some cases undiagnosed. It is often the case

:56:11.:56:19.

that a prison regime by its nature with the restrictions imposed on

:56:20.:56:23.

individuals, a prison regime may not be the most effective way of

:56:24.:56:26.

tackling the mental health problems of those individuals and ensuring

:56:27.:56:31.

which could not offend again. We are considering how we can better review

:56:32.:56:34.

mental health provision within the prison estate. More announcements

:56:35.:56:37.

will be forthcoming. One thing that was clear from the commitment in the

:56:38.:56:42.

Gracious Speech is that Her Majesty laid out the fact that improving

:56:43.:56:46.

outcomes for individuals with mental health problems in a criminal

:56:47.:56:52.

justice system is a core wish of this Government. I wonder whether

:56:53.:56:58.

the Secretary of State is prepared to acknowledge that the combination

:56:59.:57:02.

of rising prisoner numbers and shrinking Budget is a major factor

:57:03.:57:07.

impacting on the welfare and safety of prison officers and prisoners.

:57:08.:57:14.

The Scottish Government is committed to reform of penal policy, by moving

:57:15.:57:20.

from ineffective short term prison sentences in favour of community

:57:21.:57:24.

sentences, which have been shown the be more effective at preventing

:57:25.:57:28.

reoffending. In June the Scottish Government announced ?4 million of

:57:29.:57:32.

extra funding to allow for an increase in community sentences. I

:57:33.:57:36.

wonder whether the Secretary of State will acknowledge that the UK's

:57:37.:57:44.

policies on prisons are not work. And making more effective use of

:57:45.:57:50.

short-term, community alternatives rather than relying on prison

:57:51.:57:58.

sentences. I have an enormous amount of respect for the honourable and

:57:59.:58:01.

learned lady. She is right there is much we can learn in England and

:58:02.:58:06.

Wales from other jurisdictions. I wouldn't say Scotland has everything

:58:07.:58:10.

right in terms of criminal justice and penal policy. There are welcome

:58:11.:58:13.

changes in Scotland not least with respect to the care and treatment of

:58:14.:58:18.

female offenders. I hope in the near future to have the chance to talk to

:58:19.:58:22.

leaders within the Scottish Prison Service and to visit some Scottish

:58:23.:58:28.

Franz learn from the initiatives they've been piloting. Can the

:58:29.:58:34.

Justice Secretary tell us how the number of attacks on staff nub

:58:35.:58:41.

prisons compares to staff in other countries around the world and what

:58:42.:58:45.

lessons might be learned from those countries? Can I invite him to look

:58:46.:58:52.

at the punishments handed down by other countries to prisoners who

:58:53.:58:58.

attack prison staff? They extend the sentences much more harshly. I

:58:59.:59:02.

suspect that might lead to a decrease in attacks on prison staff.

:59:03.:59:10.

I know he wants to operate in a constructive fashion. I am always

:59:11.:59:16.

interested in learning from other jurisdictions. We don't collect

:59:17.:59:24.

assault in a way that makes for an easy comparison. He poses a

:59:25.:59:28.

particular challenge to us. I always want to be led by evident in shaping

:59:29.:59:32.

policy and the evidence suggests to me that it is often the case of a

:59:33.:59:38.

lack of hope or an inability to see high actions can lead to eventual

:59:39.:59:47.

redemption that leads to violence. I will get back to him with evidence

:59:48.:59:53.

and comparisons in order for us to conduct this debate better. One of

:59:54.:59:57.

the most distressing things that can happen to you as a prison officer is

:59:58.:00:01.

when you go to unlock an inmate and find that they have taken their own

:00:02.:00:06.

lives. Lord Harris's review into deaths in custody made it clear

:00:07.:00:09.

recommendation that ministers should temp two contact and speak with the

:00:10.:00:15.

families especially of young people who have taken their own lives in

:00:16.:00:19.

prison. It has yet, ministers have not adopted that recommendation.

:00:20.:00:24.

Would you please reconsider? She makes a good point. I honourable

:00:25.:00:30.

friend will be meeting relatives of someone who did take the life

:00:31.:00:35.

custody recently. The one thing I would say is that there are

:00:36.:00:40.

sometimes sensitivities about specific cases but as a general rule

:00:41.:00:45.

it is something we would wish to do. My right honourable friend will from

:00:46.:00:50.

his experience as Secretary of State have worked out that there is a

:00:51.:00:53.

catalogue of reasons why the safety of prison staff is placed at risk.

:00:54.:01:02.

Overcrowding in prisons is certainly one, mental health issues, the lack

:01:03.:01:07.

of purposeful activities for prisoners. But he also accept that

:01:08.:01:12.

the continuing uncertainty for prisoners on IAPP, making them the

:01:13.:01:17.

most difficult of cohorts of prisoners to manage is something

:01:18.:01:20.

that we should deal with quickly. Can we not arrange for them to be

:01:21.:01:27.

resentenced quickly, or put before the parole board should the other

:01:28.:01:32.

cases can be reviewed? This is a matter of urgent priority. I would

:01:33.:01:37.

urge him to look at the IPP question that is causing such a lot of

:01:38.:01:44.

disturbance in prison system. He probably would not have had an

:01:45.:01:48.

opportunity to read the speech I gave to the governor is six weeks

:01:49.:01:54.

ago. I outlined in that speech the urgent need for reform for IAPP.

:01:55.:02:02.

Lord Duncan had acknowledged that the original intention when he

:02:03.:02:04.

introduced the sentences have not manifested itself in the way those

:02:05.:02:10.

sentences were applied. I will meet Nick Hardwick later this week to

:02:11.:02:15.

expedite some changes which I hope that he and others in the house

:02:16.:02:16.

might welcome. Will the Secretary of State place

:02:17.:02:31.

copies of that speech in the library of the house? We all look forward to

:02:32.:02:44.

reading this speech. The root cause of the problem is overcrowding and

:02:45.:02:54.

that creates stress on the members of staff and prisoners. There are

:02:55.:02:58.

currently 13,000 foreign national prisoners in our prisons and the

:02:59.:03:02.

prisoner transfer arrangement with the EU has been so far point

:03:03.:03:08.

painfully slow. We have decided to come out of the EU, what further

:03:09.:03:11.

steps can be taken in order to get countries to take back their own

:03:12.:03:22.

citizens? I will place a copy in the library. Copies for those people who

:03:23.:03:27.

are even more eager to read it are available on the website of the

:03:28.:03:31.

Ministry of Justice Butler will do everything to facilitate the

:03:32.:03:36.

widespread dissemination and reading of that speech. He makes a good

:03:37.:03:40.

point. There are four too many foreign national offenders in our

:03:41.:03:44.

prisons. Sometimes countries outside the European Union, Albania outside

:03:45.:03:54.

the European Union at the moment, have concluded good bilateral

:03:55.:03:57.

arrangements with this country in order to facilitate the return of

:03:58.:04:02.

criminals. It is not necessary to be within the European Union to have

:04:03.:04:05.

good bilateral arrangements but it is vital as we move to a new

:04:06.:04:08.

relationship with our European neighbours that we returned those

:04:09.:04:11.

offenders who are not British citizens. The safety of prison staff

:04:12.:04:21.

is a huge issue for me because there are three present in my

:04:22.:04:25.

constituency. Does the Secretary of State agree with me that we will not

:04:26.:04:29.

get the rehabilitation of prisoners that we all want to see unless

:04:30.:04:32.

prison staff have the time and resources to enable it to happen.

:04:33.:04:36.

When both they and prisoners feel safe enough to achieve it. This

:04:37.:04:40.

process will not be helped with ongoing reductions in prison staff

:04:41.:04:45.

numbers. She makes a fair point. I am delighted that we have been able

:04:46.:04:51.

to give Durham prison and additional ?220,000 in order to help deal with

:04:52.:04:57.

the current problems. She is right, that is why the even staff were

:04:58.:05:00.

reduced in the last Parliament in order to meet benchmarking

:05:01.:05:04.

requirements there has been a net increase in the number of prison

:05:05.:05:08.

staff since January 2,000 15. We will be making more announcements in

:05:09.:05:13.

due course to show how we are trying to recruit more people into this

:05:14.:05:20.

job. Today has the Secretary of State how many times the national

:05:21.:05:23.

tactical response unit has been called but this year. Last year it

:05:24.:05:27.

was one for every day of the year. Has this figure gone up? I will turn

:05:28.:05:38.

to make notes. The last year for which we have figures was 2,000 Ford

:05:39.:05:43.

team and 15. It was called but 400 times in that year, so just over a

:05:44.:05:51.

once every day. In my constituency there is not extra money for the

:05:52.:05:57.

prison because it is closing. It has only been open ten years. In the

:05:58.:06:03.

answers to letters I have written to his colleagues I have been told that

:06:04.:06:08.

the staff would be expected to relocate to the new super prison in

:06:09.:06:13.

Wrexham. The problem is it is over 70 miles away and there is no

:06:14.:06:17.

prospect of many of the staff being able to relocate. Isn't this an

:06:18.:06:21.

example of one of the problems of the planning he is carrying out. He

:06:22.:06:25.

is closing a prison and the new one is opening but the staff will be

:06:26.:06:29.

able to get there. How will this help with problems of overcrowding

:06:30.:06:35.

and prison staff safety? I would be delighted to meet the honourable

:06:36.:06:39.

gentleman in order to explain the reasons for closing the prison. We

:06:40.:06:44.

need to make sure that we have modern and appropriate prisons for

:06:45.:06:48.

our prisoners. There will be opportunities not just in the new

:06:49.:06:52.

prison but elsewhere for staff who currently work in your constituency

:06:53.:06:57.

to do the work for which I thank them. I am grateful to the Secretary

:06:58.:07:03.

of State because I have spent a lot of time in prisons over the last few

:07:04.:07:09.

months. Two things that staff raised with me. The first is that they are

:07:10.:07:14.

optimistic about the reform context that the Secretary of State has

:07:15.:07:17.

created a new should be congratulated for that. The second

:07:18.:07:24.

thing they have raised repeatedly is staff numbers, which are fallen

:07:25.:07:27.

substantially. In the new government that we expect to begin shortly,

:07:28.:07:32.

does he hope to see that reform agenda continue, but is it also

:07:33.:07:36.

possible my the -- now that we are moving away from austerity that

:07:37.:07:41.

staff members could rise again? I am grateful to him for what he says and

:07:42.:07:45.

for the work he is carrying out at the moment to ensure that black and

:07:46.:07:49.

minority Ethnic individuals are treated fairly in the criminal

:07:50.:07:53.

justice system. About the reform programme, I have been delighted by

:07:54.:07:58.

the fact that across this House and throughout the government there has

:07:59.:08:02.

been strong support for the reform programme that we are undertaking.

:08:03.:08:06.

It will be central to the work of this government over the next few

:08:07.:08:10.

years and I look forward to working with him and other colleagues to

:08:11.:08:14.

make sure we make progress. It is of paramount importance that the

:08:15.:08:18.

government does all it can do to ensure that prison staff are safe in

:08:19.:08:24.

the place of work. He will know that the recent safety in custody figures

:08:25.:08:29.

were quite shocking. Will he guarantee that when these figures

:08:30.:08:35.

are published in future there will be full scrutiny of the statistics

:08:36.:08:41.

in Parliament and will he commit to a frequent statement on what the

:08:42.:08:44.

government is doing to improve the situation? Yes, I will do everything

:08:45.:08:50.

possible to make sure that Parliament is fully informed. That

:08:51.:08:54.

is in line with the recommendations that are welcomed from the Select

:08:55.:08:59.

Committee. Statement, the Secretary of State for Defence. Secretary

:09:00.:09:08.

Michael Fallon. With permission, I would like to make a statement on

:09:09.:09:12.

the Nato summit held in Warsaw last Friday and Saturday. The 2015

:09:13.:09:19.

strategic defence and Security review reaffirmed Peter's position

:09:20.:09:29.

-- Nato's position. We are leaders in the Alliance. The range of

:09:30.:09:37.

challenges the alliance faces including Daesh, migration and

:09:38.:09:40.

Russian belligerence and that the summit was of major importance for

:09:41.:09:47.

European and Atlantic security. The overwhelming message from Warsaw was

:09:48.:09:51.

one of strength and unity. We believe that the summit has

:09:52.:09:54.

delivered an alliance that is now more capable and project stability

:09:55.:10:00.

beyond our borders based on stronger partnerships which collectively

:10:01.:10:03.

protect our citizens and defend Europe. At the welsh summit in 2015

:10:04.:10:13.

Nato put out of action plan to make sure that Nato can respond quickly

:10:14.:10:16.

to new challenges. The United Kingdom is at the forefront. Our

:10:17.:10:24.

typhoons are conducting Baltic missions from Estonia. Warships are

:10:25.:10:28.

a significant contribution. We will lead Natohow Fred readiness joint

:10:29.:10:39.

task force for next year. To demonstrate the solidarity of the

:10:40.:10:43.

Allies and the ability to act in response to any aggression, Warsaw

:10:44.:10:48.

builds on the Wales commitments by delivering enhanced forward presence

:10:49.:10:54.

in Estonia, Latvia, Lithuania and Poland. I am proud that the United

:10:55.:10:58.

Kingdom is one of four nations to lead a framework Battalion alongside

:10:59.:11:04.

Canada, Germany and the United States. These battalions will be

:11:05.:11:09.

defensive in nature but fully combat capable. The United Kingdom force

:11:10.:11:13.

will be located in Estonia, with two UK companies, headquarters element

:11:14.:11:21.

and equipment such as armoured vehicles, guided missiles. Denmark

:11:22.:11:25.

and France have said they will provide trips to the UK Battalion.

:11:26.:11:29.

In addition, we will be deploying a company group to Poland. This is our

:11:30.:11:36.

response to Russian aggression. Nato's approaches based on balancing

:11:37.:11:43.

strong defence and dialogue. Dialogue remains right where it is

:11:44.:11:48.

in our interest to deliver hard messages to promote transparency and

:11:49.:11:52.

to build understanding to reduce risks of miscalculation. Credible

:11:53.:11:59.

alliance defence and deterrence depends on Nato's ability to adapt a

:12:00.:12:03.

21st-century threats through both nuclear and conventional forces. The

:12:04.:12:08.

summit recognise the important contribution to the United -- and

:12:09.:12:14.

that the United Kingdom's Independent nuclear deterrent makes

:12:15.:12:17.

to the overall security of the alliance, so I confirm that we

:12:18.:12:21.

expect the house to have the opportunity to vote to endorse the

:12:22.:12:24.

renewal of that deterrent next Monday. Initiatives on cyber and

:12:25.:12:31.

hybrid warfare amongst others will give the alliance the capabilities

:12:32.:12:35.

it needs to respond quickly and affect Ulster player ever, modelling

:12:36.:12:39.

capabilities require appropriate funding and here good progress has

:12:40.:12:43.

been made against the investment pledge, a key commitment from Wales.

:12:44.:12:48.

Following this government's decision to spend 2% of GDP on defence and to

:12:49.:12:53.

increase the defence budget in each year of this Parliament, cuts to

:12:54.:12:57.

defence spending across the Alliance have now halted, with 20 Allies by

:12:58.:13:05.

defence spending and eight Allies committing international plans to

:13:06.:13:11.

reaching the 2% target. Delivering the best for our country also means

:13:12.:13:17.

maximising the talent in our Armed Forces and the Prime Minister has

:13:18.:13:20.

accepted the recommendation of the chief of the General staff to open

:13:21.:13:25.

up ground close combat roles to women. Nato's rules preventing

:13:26.:13:30.

conflict than tackling problems at source has become ever more

:13:31.:13:33.

important as threats to Alliance Security droids of instability and

:13:34.:13:39.

fragile or a weak states. Nato's defence capability building

:13:40.:13:45.

initiative is a powerful tool in projecting stability and we in the

:13:46.:13:48.

United Kingdom continue to provide significant support to Georgia, Iraq

:13:49.:13:54.

and to Jordan. Building on this, the Allies agreed that Nato will conduct

:13:55.:14:00.

training and capacity building inside Iraq. In Afghanistan, local

:14:01.:14:05.

forces are taking responsibility for providing security across the

:14:06.:14:08.

country. Our long-term commitment as part of Nato's resolute support

:14:09.:14:13.

mission is crucial. Next year we will increase our current troop

:14:14.:14:18.

const -- contribution of 450 by around 10% to help build the

:14:19.:14:23.

capacity of the Afghan security institutions. The summit also

:14:24.:14:26.

reiterated its support for a European partners including Ukraine

:14:27.:14:31.

and Georgia and I was delighted that Montenegrin attended the summit as

:14:32.:14:35.

an observer has a clear sign that Nato's door remains open.

:14:36.:14:40.

The scale of Europe's security challenges means that NATO must work

:14:41.:14:45.

with a range of partners to counter them. This summit sends a strong

:14:46.:14:52.

message of NATO's willingness to build relationships with

:14:53.:14:54.

international institutions. I welcome the joint declaration from

:14:55.:14:58.

the NATO Secretary-General and the presidents of the European Union and

:14:59.:15:02.

the European Commission on NATO-EU co-operation. We continue to support

:15:03.:15:07.

a closer relationship between NATO and the EU to avoid unnecessary

:15:08.:15:14.

duplication. Our strong message to our allies and partners was that the

:15:15.:15:18.

result of the referendum will have no impact on any of our NATO

:15:19.:15:23.

commitments and that NATO remains the cornerstone of our defence

:15:24.:15:28.

policy. The United Kingdom will be leaving the European Union, but we

:15:29.:15:32.

are not reducing our commitment to European security. We are not

:15:33.:15:37.

turning our back on Europe or on the rest of the world. HMS Mersey will

:15:38.:15:44.

deploy to the Aegean to continue our support for NATO's efforts to

:15:45.:15:49.

counter illegal migration. We'll provide a second ship, RFA mounts

:15:50.:15:54.

bay, in the central Mediterranean, and NATO has agreed in principle to

:15:55.:16:00.

provide surveillance and reconnaissance support to that

:16:01.:16:02.

operation too. It is a United Kingdom priority for NATO to do more

:16:03.:16:09.

dense Daesh. NATO AWACS will more the counter David Cameron coalition.

:16:10.:16:15.

Coalition. In addition to our efforts we'll continue what we can

:16:16.:16:21.

do with capacity building of the Italian Coastguard. It is our firm

:16:22.:16:26.

view that the alliance has the capacity and the will and the intent

:16:27.:16:29.

to respond to the range of threats and challenges that it may face. The

:16:30.:16:35.

summit also showed that Britain is stepping up its leading role in the

:16:36.:16:41.

alliance by deploying more forces to NATO's eastern borders, to NATO's

:16:42.:16:48.

support to Afghanistan, and in countering illegal migration. That

:16:49.:16:53.

strong UK leadership Warsaw will be remembered for the concrete steps

:16:54.:16:57.

taken to deliver a strong and unified alliance that remains the

:16:58.:17:01.

cornerstone of European defence and security, and I commend this

:17:02.:17:05.

statement to the House. THE SPEAKER: Clive Lewis. Lewis..

:17:06.:17:12.

Thank you Mr Speaker. Can I thank the Secretary of State and his team

:17:13.:17:17.

for the work they have done on the Warsaw summit this weekend. I would

:17:18.:17:20.

like to remind the Secretary of State that rumours of me going AWOL

:17:21.:17:28.

in the muddy fields of Glastonbury were greatly example rates. We on

:17:29.:17:33.

this side of the House welcome the message from the Warsaw summit, that

:17:34.:17:36.

NATO is determined to strengthen our commitment to its friends and allies

:17:37.:17:42.

in Eastern Europe. Whatever the consequences of Brexit, and some

:17:43.:17:46.

will be unforeseeable, one must not be that the UK is seen as retreating

:17:47.:17:51.

into isolationism. We welcome the Government's readiness to make the

:17:52.:17:55.

United Kingdom one of the four contributor nations of the new

:17:56.:18:00.

rotational force. It will have an important symbolic value in

:18:01.:18:06.

providing a visible reminder of article 5 commitment to defence. I

:18:07.:18:13.

emphasised the word collective. That's because the basic values that

:18:14.:18:19.

underpin NATO: Collective endeavour, human rights and democracy, are the

:18:20.:18:25.

same values that underpin two cracy, are the same values that underpin

:18:26.:18:28.

two of NATO's two founders - Clement Attlee's Labour Party and the new

:18:29.:18:32.

Democrats. We are entitled to share some of the credit for helping build

:18:33.:18:39.

these values into the alliance. Values we can get behind and

:18:40.:18:42.

reaffirm. But Mr Speaker, back to the detail, if I may. Many questions

:18:43.:18:48.

remain about how the deployment will work in practice. Particularly in

:18:49.:18:52.

terms of equipment, training and rules of engage: I would be grateful

:18:53.:18:55.

if the Secretary of State will commit to providing regular updates

:18:56.:18:59.

to the House as these plans move forward. In light of ongoing

:19:00.:19:02.

tensions between NATO and Russia, I'm pleased to hear the Secretary of

:19:03.:19:07.

State mention the need for dialogue. It is a commitment echoed in the

:19:08.:19:12.

summit communique, which recognised the risks of misunderstanding and

:19:13.:19:17.

calls for a new commitment for dialogue, particularly through the

:19:18.:19:20.

NATO Russia council. Can the Secretary of State tell the House

:19:21.:19:24.

what steps the Government is taking to reduce the risk of misnappeding

:19:25.:19:32.

between the UK and Russia or a possible miscalculation on defence

:19:33.:19:37.

matters. It is over a decade since NATO took command of multinational

:19:38.:19:43.

operations in Afghanistan, where 150 servicemen and women have been

:19:44.:19:48.

killed since 2002. I spent some time in the neater of Afghanistan on

:19:49.:19:53.

operation there is, so I have personal experience, having served a

:19:54.:19:57.

try month tour in 2009 as part of the NATO deployment. As such it is

:19:58.:20:01.

something I will draw upon in our future debates. Although the UK's

:20:02.:20:08.

last remaining combat troops were withdrawn in 2014, hundreds have

:20:09.:20:14.

stayed behind to help train Afghan security forces. The announcement

:20:15.:20:18.

that a further 50 British troops be deployed to Afghanistan last year

:20:19.:20:22.

and the planned withdrawal date pushed back from a second time will

:20:23.:20:26.

be of concern to many. I note that UK troops will continue to be

:20:27.:20:32.

deployed in noncombat Rogers I would be grateful if the Secretary of

:20:33.:20:42.

State could safeguard against the mission creep, for a number of years

:20:43.:20:47.

the UK has been the only major NATO power to continue excluding women

:20:48.:20:54.

from ground close combat roles. We welcome Friday's announcement to

:20:55.:20:58.

approve the integration of women across all front line combat roles.

:20:59.:21:05.

The decision is a huge step forward not only for equality but the

:21:06.:21:08.

effectiveness of the Armed Forces. In Iraq and Afghanistan and all over

:21:09.:21:13.

the world women have served our armed forces with professionalism

:21:14.:21:18.

and distinction. I would be grateful for any information the Secretary of

:21:19.:21:22.

State can provide as to what specific steps he will help monitor

:21:23.:21:26.

the smooth transimmigration of this process. Lp monitor the smooth

:21:27.:21:28.

transimmigration of this process. -- transition of this process. We must

:21:29.:21:34.

not lose sight of the foundation of NATO. Justice in the form of

:21:35.:21:38.

freedom. Justice in the form of democracy. And justice in the form

:21:39.:21:43.

of economic fairness. The Secretary of State was right to affirm the

:21:44.:21:48.

UK's commitment to NATO. I hope that NATO he affirmed is one that stays

:21:49.:21:52.

root to the vision of its founders. Because it is a vision we share on

:21:53.:21:57.

this side of the House. I look forward to holding him to account in

:21:58.:22:02.

the coming months ahead. I am grateful to the honourable

:22:03.:22:06.

gentleman, and let me welcome him on his first appearance at the dispatch

:22:07.:22:11.

box. I think the fourth Shadow Defence Secretary in the last couple

:22:12.:22:17.

of years. Let me also welcome the broad welcome he has given to this

:22:18.:22:26.

particular statement, and let me wholeheartedly welcome, his reminder

:22:27.:22:30.

of the original establishment of NATO under a Labour Government,

:22:31.:22:36.

which of course supported fully the nuclear deterrent at the time, and I

:22:37.:22:42.

believe was ready under every Labour Government to commit that nuclear

:22:43.:22:45.

deterrent to the overall defence of the alliance as well as the defence

:22:46.:22:51.

of this country. I'm sure he'll be explaining all that in a little more

:22:52.:22:57.

detail when we come to the debate on Wednesday.

:22:58.:23:02.

We asked me four specific questions. So far as the bat alonto be deployed

:23:03.:23:07.

in Estonia is concerned, yesly update the House on the precise

:23:08.:23:12.

arrangements for that deployment, which will begin we hope in the

:23:13.:23:18.

spring of next year. There is much detail to be finalised so far as the

:23:19.:23:21.

command and control relationships are concerned. And the precise

:23:22.:23:28.

activities that that bat alonwill be involved. In we will seep him and

:23:29.:23:34.

the House up to date on that. That. He asked me about the dialogue with

:23:35.:23:39.

Russia. I it wouldn't be clear. This cannot now because of the

:23:40.:23:47.

aggression, the annexation of Ukraine, this cannot be business as

:23:48.:23:50.

usual with Russia. There are issues we have in common, as we saw in the

:23:51.:23:56.

refinement of the nuclear deal with Iran and on going discussions about

:23:57.:24:00.

a political settlement in Syria. It is right that we continue to talk to

:24:01.:24:05.

Russia in those areas where we have shared interests. I can confirm to

:24:06.:24:10.

him that the next meeting of the NATO Russia council will be on 13th

:24:11.:24:17.

July. We do continue the links that he referred to at ambassadorial

:24:18.:24:23.

level to ensure that he referred to at ambassadorial level to ensure

:24:24.:24:25.

that any misunderstand "be avoided. Thirdly, he asked me about

:24:26.:24:30.

Afghanistan. Let me put on record my own tribute to his service. We are

:24:31.:24:40.

increasing the number of troops that we are deploying in Afghanistan by

:24:41.:24:49.

around 50. There is no danger here of mission creep, because these

:24:50.:24:52.

additional 50 troops will be doing what the existingitional 50 troops

:24:53.:24:54.

will be doing what the existing 450 are doing - supporting the security

:24:55.:24:55.

institutions, providing advice and support to the fledgling Afghan Air

:24:56.:25:00.

Force and continuing the important work of mentoring at the officer

:25:01.:25:05.

Academy. A number of other allies have been able to increase the

:25:06.:25:09.

support they are making available to Afghanistan. He will know of course

:25:10.:25:16.

that the alliance also welcomed the change of heart in the American

:25:17.:25:19.

position, that they were not going to reduce down to the level that was

:25:20.:25:25.

originally forecast. Finally, he asked me about the decision to open

:25:26.:25:31.

combat roles in the Army to women. I'm glad he has welcomed and-a-half

:25:32.:25:36.

of course it is something we'll do on a phased basis, continuing the

:25:37.:25:41.

research that is essential in order to set the right physical standards

:25:42.:25:46.

as each role is opened up. But I am happy to keep him up to date on

:25:47.:25:54.

that. I'm very much congratulate my right honourable friend on his

:25:55.:25:59.

statement and thank him for emphasising the role of NATO in our

:26:00.:26:03.

defence. He'll have had discussions with members who are part of the

:26:04.:26:07.

European Union. I wonder what discussions he has had in relation

:26:08.:26:10.

to those parts of the common security and defence policy that may

:26:11.:26:15.

continue to be of mutual benefit. I'm thinking of elements of the

:26:16.:26:18.

European defence agency and exercising with the EU battle

:26:19.:26:24.

groups. Well, let me make clear that until we leave the European Union we

:26:25.:26:28.

remain full members of the European union and we will remain committed

:26:29.:26:33.

to the security that the European Union adds to the security that is

:26:34.:26:39.

provided through NATO. That includes our participation in the EU battle

:26:40.:26:44.

group. Group. Includes our participation in missions like

:26:45.:26:47.

Operation Sophia in the central Mediterranean, to which we are

:26:48.:26:52.

committing an additional ship. It also continues on, it also is seen

:26:53.:26:57.

in our continuing work to get those two organisations to work more

:26:58.:27:02.

closely together, to avoid unnecessary dupe implication andly

:27:03.:27:04.

together, to avoid unnecessary dupe implication and to cop --

:27:05.:27:06.

duplication and to co-operate more closely. Mr Speaker, paragraph 40 of

:27:07.:27:14.

the Warsaw summit communique focuses on NATO's maritime security. With no

:27:15.:27:18.

surface vessels or aircraft based in Scotland it is an area in which the

:27:19.:27:22.

UK Government is failing in its duty. Did the Secretary of State

:27:23.:27:28.

have discussions with his Norwegian counterpart or informed co-operation

:27:29.:27:33.

in the maritime domain? In paragraph 10 of the communique, a number of

:27:34.:27:39.

Russia's destabilising actions and policies are listed, including the

:27:40.:27:47.

annexation of Crimea, large snail exercised, provocative military

:27:48.:27:50.

activities near NATO borders, aggressive nuclear rhetoric and

:27:51.:27:53.

violations of NATO airspace. Can the Secretary of State tell me which of

:27:54.:27:57.

these actions have been deterred by Trident? Finally paragraph 64 of the

:27:58.:28:02.

communique focuses on nuclear non-proliferation. What specific

:28:03.:28:06.

discussion it's the Secretary of State have with NATO counterparts to

:28:07.:28:11.

further nuclear disarm In the coming weeks myself and the colleagues will

:28:12.:28:16.

vote not to renew Trident. Can I right him and those on the Labour

:28:17.:28:21.

benches to join me in voting against it so we can achieve the alliance's

:28:22.:28:26.

aim of a world without nuclear weapons? In teens the honourable

:28:27.:28:29.

gentleman's first point, the defence of the United Kingdom is organised

:28:30.:28:34.

on a United Kingdom basis. He should be in absolutely no doubt about

:28:35.:28:37.

that. So far as our relationship with Norway is concerned, yes I had

:28:38.:28:41.

a bilateral meeting with the Norwegian Minister. We work

:28:42.:28:46.

extremely closely on defending our respective countries. And looking

:28:47.:28:50.

for further areas of co-operation, particularly in the light of our

:28:51.:28:56.

Strategic Defence Review and Norway's long-term plan, published

:28:57.:29:00.

more recently. So far as maritime patrol aircraft is concerned, I hope

:29:01.:29:03.

he will have caught one the announcement this morning that we

:29:04.:29:09.

are to purchase nine Boeing P 8 aircraft, as announced by my right

:29:10.:29:13.

honourable friend the Prime Minister with me in Farnborough at the

:29:14.:29:17.

airshow this morning. I hope it will not be too long before those patrol

:29:18.:29:23.

aircraft are able to help better protect our deterrent, as well as

:29:24.:29:28.

protect our aircraft carriers and conduct our tasks.

:29:29.:29:33.

Nonproliferation was not her subject for the Warsaw summit. We are

:29:34.:29:42.

committed to a world without the killer weapons but I have to say to

:29:43.:29:46.

him and his party there are 17,000 nuclear weapons out there. There are

:29:47.:29:51.

states trying to develop nuclear weapons, there remains the dangers

:29:52.:29:57.

that other people, terrorist groups, might try to get hold of nuclear

:29:58.:30:01.

weapons and that is why I will be inviting the heights to vote next

:30:02.:30:05.

Monday to continue the principle of the nuclear deterrent that has

:30:06.:30:08.

served this country well and well protected in the years to come. Can

:30:09.:30:20.

I say to my right honourable friend how delighted I am that we have

:30:21.:30:27.

reaffirms our commitment to the Nato alliance by putting a strong signal

:30:28.:30:34.

using our troops on the ground in Estonia and Poland. Can I further

:30:35.:30:41.

thank my right honourable friend for making arrangements for French and

:30:42.:30:47.

Danish troops to join our battle group in Estonia? I speak as perhaps

:30:48.:30:52.

the only British officer to have commanded the first parachute

:30:53.:30:57.

Battalion of the French Foreign Legion. Let me say to my honourable

:30:58.:31:02.

friend, the purpose of this deployment is to reassure our allies

:31:03.:31:08.

on the eastern border of Nato as much as to make Russia think twice

:31:09.:31:17.

about any further aggression. Our deployment in Estonia, I can tell

:31:18.:31:22.

him, was warmly welcomed, not simply by Estonia but by the other Baltic

:31:23.:31:27.

states. We see night in near to a coming together of the Nato

:31:28.:31:31.

countries committing to each other's formation, whether it is the high

:31:32.:31:36.

readiness task force or the enhanced forward presence. We look forward to

:31:37.:31:40.

working with French and Danish troops alongside our Battalion in

:31:41.:31:50.

Estonia next year. The summit reiterated support for Georgia and

:31:51.:31:54.

Ukraine, but in practical terms what steps are being taken to support

:31:55.:31:59.

those countries in their bid for Nato membership and to ensure the

:32:00.:32:05.

defence of the Borders? In terms of assisting both Georgia and Ukraine,

:32:06.:32:11.

Georgia is and enhanced opportunity partner of Nato and there is a

:32:12.:32:14.

package of measures in place to strengthen defence cooperation

:32:15.:32:23.

between Nato and Georgia. We are seeing an increase in the capacity

:32:24.:32:33.

of the Ukrainian forces. We are playing a large part on that. So far

:32:34.:32:40.

as future access in the Nato is concerned, we have made it clear

:32:41.:32:43.

that there can be no short cuts to Nato membership. There are criteria

:32:44.:32:49.

to meet in any future applications require the unanimous consent of all

:32:50.:32:55.

the existing members, but equally the accession of Montenegro sends a

:32:56.:33:00.

clear message that nobody, certainly not Russia, has any kind of veto on

:33:01.:33:05.

future membership. Has my right honourable friend seen the remarks

:33:06.:33:12.

of Mikhail Gorbachev who has expressed his concern that we are

:33:13.:33:15.

moving from a new Cold War to and you hot one? Speaking as somebody

:33:16.:33:21.

who was a soldier in the Cold War, may I express my grave concern that

:33:22.:33:24.

all we are really doing is irritating Russia outfitting a

:33:25.:33:28.

number of troops on its border and that we have to recognise that

:33:29.:33:34.

Russia does have a zone of influence which includes Ukraine and Belarus?

:33:35.:33:41.

If we do not find a way of negotiating with Russia we are only

:33:42.:33:46.

going to make the danger of the new possibly hot war more likely and we

:33:47.:33:52.

have to look at these realities? B paid tribute to my honourable

:33:53.:33:57.

friend's former service in the military, but I do have to say to

:33:58.:34:02.

him that Nato and to Russia and anybody else, that Nato remains a

:34:03.:34:08.

defensive alliance. Nato isn't threatening anybody. But the

:34:09.:34:12.

commitments that we have made to each other under Article 5 it is

:34:13.:34:17.

important that we reassure, particularly those members of the

:34:18.:34:20.

eastern flank of Nato, that we're ready to by those commitments and to

:34:21.:34:28.

come to the aid and they have seen Russia trying to change

:34:29.:34:34.

international borders by force, and mixing the Crimea, and interfering

:34:35.:34:37.

in the Eastern Ukraine. It is very important we remind members of Nato

:34:38.:34:44.

that Nato is committed to defend the territorial integrity and we do send

:34:45.:34:48.

the message right across Europe to Moscow that we are not prepared to

:34:49.:34:54.

see the sovereign integrity of these countries further impudence. The

:34:55.:35:01.

Warsaw conference underline near to does my to consent. With the

:35:02.:35:06.

secretary agree with me that for it to be effective, deterrence have to

:35:07.:35:12.

be credible. Any suggestion that somehow our nuclear deterrent could

:35:13.:35:19.

be... It could lead to its credibility being questioned and

:35:20.:35:22.

threatened the nuclear posture of deterrence by Nato? I absolutely

:35:23.:35:29.

agree with that. We did look under the previous government exhaustively

:35:30.:35:34.

at the alternatives, the alternative systems of delivering that

:35:35.:35:38.

deterrent, whether it could be done from the air, from land or with

:35:39.:35:45.

fewer boats. The overwhelming conclusion was that the most of and

:35:46.:35:54.

simplest form of deterrent is to contain our existing four boats

:35:55.:35:59.

nuclear submarine fleet and that will be the motion that we will put

:36:00.:36:08.

towards the house on Monday. I am grateful indeed for my right

:36:09.:36:13.

honourable friend's robust statement on the Nato summit. Can he is surely

:36:14.:36:22.

with the good news of more European nations pledging to spend 2% of

:36:23.:36:27.

their GDP on defence spending and commitments to Trident that Nato

:36:28.:36:31.

will remain an alliance of cooperation between European states

:36:32.:36:39.

and Atlantic States? Yes, I am grateful to my honourable friend for

:36:40.:36:42.

what he is said not least because I think we were on opposite sides of

:36:43.:36:47.

the argument during the referendum. The most encouraging thing since the

:36:48.:36:53.

Wales summit fully confirmed that Warsaw was the number of European

:36:54.:36:57.

countries that have neither incentives to increase their

:36:58.:37:01.

spending. The general decline in European defence spending has been

:37:02.:37:06.

halted and has now been reversed. We see allies such as the Czech

:37:07.:37:12.

Republic, France, Latvia, Lithuania, Poland, Romania, the Slovak Republic

:37:13.:37:16.

and Turkey putting in place plans to get to the 2% as we have done. With

:37:17.:37:22.

your permission, it might be helpful just to pass on the news to the

:37:23.:37:27.

house that the Unite trade union has just reaffirmed that strong

:37:28.:37:34.

commitment to the building programme for the building in Barrow and

:37:35.:37:39.

across the nation. That will be held to all of us on the size as we help

:37:40.:37:43.

to fulfil our manifesto pledge to carry on a complete programme that

:37:44.:37:49.

we began in government. On the vote, can I ask what is the view of the

:37:50.:37:54.

government on what it would do to the UK's position in the new killer

:37:55.:38:01.

alliance which Nato is, if the UK were suddenly to commit to

:38:02.:38:05.

unilateral disarmament by scrapping the programme to create a new fleet

:38:06.:38:14.

of boats. So far as his first point is confirmed, let me welcomed the

:38:15.:38:18.

decision of Unite to support the renewal of the nuclear deterrent

:38:19.:38:23.

which is important for security and the economy. There are over 200

:38:24.:38:28.

companies already involved in the supplied change starting to deliver

:38:29.:38:34.

some of the long lead items that the house has already authorised. There

:38:35.:38:38.

are several thousand jobs already beginning to be committed to the

:38:39.:38:43.

renewal of the deterrent. It is important that those are borne in

:38:44.:38:47.

mind when we come to the debate on Monday. So far as his bigger point

:38:48.:38:54.

is concerned, any decision by the size to withdraw from the position

:38:55.:38:59.

of successive governments, Labour and Conservative, that we are

:39:00.:39:04.

committed to the nuclear deterrence and to place that you could

:39:05.:39:09.

deterrent in this supports of the Nato alliance as a whole would

:39:10.:39:14.

fundamentally undermine that alliance. It would cause some very,

:39:15.:39:23.

very serious repercussions for our relationship with our key allies,

:39:24.:39:31.

especially the United States. Can I return the Secretary of State to the

:39:32.:39:35.

Ukraine were the belligerence of Russia is a great interest in the

:39:36.:39:40.

Council of Europe and that the last meeting we had the Ukrainian pilot

:39:41.:39:48.

was arrested by the Russians. I want as Q what will the Nato involvement

:39:49.:39:55.

in Ukraine be to achieve? I had the privilege of meeting the pilots in

:39:56.:40:03.

Warsaw on Saturday. She attended with the president of the Ukraine

:40:04.:40:08.

and the defence minister. Although Ukraine is not a member of Nato

:40:09.:40:13.

there are a number of Nato allies working extremely hard to try to

:40:14.:40:17.

reinforce the ability of Ukraine to defend itself. We are coordinating

:40:18.:40:24.

our training effort between us and doing what we can to stand behind

:40:25.:40:29.

the territorial integrity of Ukraine, not least through the

:40:30.:40:32.

sanctions that the European Union continues to apply. May I also put

:40:33.:40:42.

on record my welcome of the decision by Unite today to reconfirm the

:40:43.:40:52.

position held by, dating back to Ernest Bevin. On the issue of

:40:53.:41:08.

post-Brexit... Is there going to be rescheduling of assessment of the

:41:09.:41:17.

programmes around the STS are? In terms of the nuclear deterrent I

:41:18.:41:25.

hope we will as large a majority as possible to recommitting the nuclear

:41:26.:41:28.

deterrent that has served us so well and send a further signal to the

:41:29.:41:32.

rest of the world that Britain is prepared to continue to play its

:41:33.:41:37.

part in the defence of Nato as well as the defence of her own country.

:41:38.:41:42.

So far as the specific question about the cost of F 35, it is too

:41:43.:41:48.

early to be sure of exactly where the sterling dollar exchange rate

:41:49.:41:52.

will end up. Let me say to him that like any large commercial

:41:53.:41:57.

organisation, we take precautions against fluctuations in the currency

:41:58.:42:04.

but it is too early to say whether the currency is likely to be

:42:05.:42:08.

sustained or not. Order. Point of order, Niall Griffiths. I have

:42:09.:42:17.

notified the right honourable member of my intention to raise this issue.

:42:18.:42:22.

On Friday and member of my staff had his past the activated. This e-mail

:42:23.:42:29.

advised the pass offers to turn the passes of a number of staff working

:42:30.:42:33.

for former members of the Shadow Cabinet. Can I seek your advice on

:42:34.:42:37.

the propriety of members seeking to dear Sophia at the passes of other

:42:38.:42:43.

members's staff? Would you be able to clarify the rules on this issue

:42:44.:42:47.

as I was under the impression that the question of authorising passes

:42:48.:42:50.

was the sole responsibility of the sponsoring member. I can say to the

:42:51.:42:55.

honourable lady in response to her point of order that she is correct.

:42:56.:43:03.

That is the basis on which these matters are handled. I understand, I

:43:04.:43:09.

was conscious of this, but the passes of several members of staff

:43:10.:43:13.

were incorrectly suspended temporarily on Friday. As soon as

:43:14.:43:24.

the mistake came to light... Order! As soon as the matter came to light

:43:25.:43:31.

the passes were reinstated. We do not discuss security matters on the

:43:32.:43:34.

floor of the house so I do not propose to say any more on this

:43:35.:43:39.

matter. Moreover, I don't need to do so. Because I have given the

:43:40.:43:44.

information that the honourable lady salt and I have very specifically

:43:45.:43:47.

answered the point that she raised in her point of order our -- her

:43:48.:43:57.

point about where that lies. If there are no further points of order

:43:58.:44:04.

we can move on. Presentation of ill. Mr Mark Williams. Sculptures -- the

:44:05.:44:11.

Parthenon sculptures returned to Greece bill. Friday January 20 2017.

:44:12.:44:23.

Thank you. Order. The court will not proceed to read the orders of the

:44:24.:44:25.

day. We'll spill, committee. Order. Order. Wales Bill. We begin with

:44:26.:44:58.

amendment 118 to clause 3 with which it would be convenient to include

:44:59.:45:04.

others on the order paper. Paul Flynn to move amendment 8. Thank

:45:05.:45:10.

you. Since we met last week there's been the wonderful celebration of

:45:11.:45:15.

Wales's team's great achievements in the European Cup. This is a matter

:45:16.:45:20.

of enormous pride to us as a nation and I was delighted to see the

:45:21.:45:24.

celebrations last week in Saturday, the biggest things which have

:45:25.:45:30.

happened in Cardiff since the VE Day and VJ Day which I'm sure we both

:45:31.:45:37.

remember. The time when Cardiff won the cup in 1926. These are matters

:45:38.:45:43.

on which there will be many benefits for the people of Wales. Not just

:45:44.:45:48.

pride in the skills of our team, but in the behaviour of our fans that

:45:49.:45:53.

were there. I did notice yesterday on the television that the Secretary

:45:54.:45:59.

of State was, gave a performance dancing with a ball on his head and

:46:00.:46:05.

on his foot. It seemed to be a wordless message. I didn't quite get

:46:06.:46:10.

the point. It couldn't possibly be that he was auditioning for a future

:46:11.:46:16.

job in the uncertain times that we are in politically as a circus

:46:17.:46:22.

performer. It could have been a subliminal message saying that had

:46:23.:46:27.

the Secretary of State substituted for Aaron Ramsay last week the

:46:28.:46:30.

result of the Portugal game might have been different. But there we

:46:31.:46:34.

are. A matter of great happiness for the country. It was a joy to see

:46:35.:46:41.

that our beautiful national language and anthem was probably heard by

:46:42.:46:45.

more people than at any time in its 3,000 year history. That has

:46:46.:46:52.

intrigued many people but it has given Wales a sharper identity. This

:46:53.:46:58.

Bill is proceeding in a consensual form. There's a great political

:46:59.:47:07.

tumult going on in various years but here is an oasis of calm and good

:47:08.:47:13.

sense as all parties support this beneficial bill, which will give

:47:14.:47:18.

Wales another certain amount of devolution. The progress is slow and

:47:19.:47:26.

endless but it is a step forward. I would like to speak first to

:47:27.:47:34.

amendments 118 to 119. This amendment together with the

:47:35.:47:38.

consequential amendments to reservation 6 in schedule 1,

:47:39.:47:44.

paragraph of schedule 2 take us back to the issues from the Government

:47:45.:47:50.

insisting on retaining the single legal jurisdiction of England and

:47:51.:47:57.

Wales. Accepting that position following last Tuesday's division we

:47:58.:48:01.

now need to ensure that the Assembly does have within the single

:48:02.:48:07.

jurisdiction powers that enail its ave within the single jurisdiction

:48:08.:48:10.

powers that enail its legislation to be -- enable its legislation to be

:48:11.:48:18.

forcible and effective. The Bill is drafted to restrict the Assembly's

:48:19.:48:23.

elective competence inappropriately in our view. It will reverse the

:48:24.:48:29.

competence given to the Assembly under the Government of Wales Act

:48:30.:48:35.

2006. Under the Act there's a provision in section 108-5 that

:48:36.:48:39.

allows the Assembly to make what might be determined ancillary

:48:40.:48:45.

provision. At present the Assembly has competence to legislate on

:48:46.:48:48.

matters that relate to one or more of the listed subjects in Part 1 of

:48:49.:48:56.

schedule 7 of the 2006 Act. The Act also provides that the Assembly has

:48:57.:49:01.

powers to make provision about non-devolved matters if it is to do,

:49:02.:49:06.

to make a devolved provision effective or to enforce it if the

:49:07.:49:13.

provision is otherwise consequential or incidental to the devolved

:49:14.:49:17.

provision. My understanding is that this is not the UK Government's

:49:18.:49:25.

intention. Our old friend unintending consequences might well

:49:26.:49:29.

result. I'm sure it is not their intention to making the Assembly to

:49:30.:49:33.

enforce or to make effective devolved legislation, because that's

:49:34.:49:36.

a wish that's common to all parties in the House. However, the Bill

:49:37.:49:41.

before Parliament now either seeks to prevent that or makes unclear as

:49:42.:49:45.

to whether the Assembly will have the same ability as it currently

:49:46.:49:52.

does under the reserved power model and provision of an Assembly Act

:49:53.:49:55.

will be outside competence if it relates to a reserved matter in

:49:56.:50:03.

schedule 7 A. There is no express equivalent in section 108-5 of the

:50:04.:50:12.

2006 Act in this Bill. A provision that relation to reserved matter

:50:13.:50:16.

will be outside competence and not law, even if the provision in

:50:17.:50:21.

question is confined to make legislation effective, or to enforce

:50:22.:50:24.

it. There are other provisions in the Bill that seek to address this

:50:25.:50:29.

issue. But Welsh Government officials have provided the Welsh

:50:30.:50:33.

Office with several examples of instances where the Bill as drafted

:50:34.:50:40.

would have prevented various uncontentious provisions in Assembly

:50:41.:50:45.

greats being included in those acts. So these are not hypothetical

:50:46.:50:51.

problems. We've had a strange history of legislation having

:50:52.:50:55.

consequences of giving us legislation that was cumbersome and

:50:56.:51:01.

slow, and also judge-driven legislation, where Acts went through

:51:02.:51:06.

and were subject to adjudication by people outside of Wales. Unless the

:51:07.:51:14.

Bill is amended the Assembly's ability to make its legislation

:51:15.:51:18.

forcible and effective will be inappropriately constrained. I

:51:19.:51:23.

believe this is not the Secretary of State's intention. We'll not be

:51:24.:51:28.

pressing these amendments the a vote but I urge the Secretary of State to

:51:29.:51:33.

take them away, give the issues which they raise very careful

:51:34.:51:38.

consideration and instruct his officials to discuss them further

:51:39.:51:43.

with Welsh Government officials and bring forward amendments at report

:51:44.:51:48.

stage to reflect an agreed position on this important issue. I mentioned

:51:49.:51:53.

some general principles which should apply to consideration of the

:51:54.:51:59.

reservation schedule. In reserved power model it is for the UK

:52:00.:52:04.

Government to explain why the relevant subject matter must be

:52:05.:52:09.

reserved to the centre, to the UK Parliament and Government for

:52:10.:52:13.

decision. Much of the content of the schedule is uncontroversial. On

:52:14.:52:19.

matters such as foreign affairs, the Armed Forces, the UK's curt system,

:52:20.:52:23.

it is common ground that these matters should be determined at UK

:52:24.:52:27.

level. On others, the situation is more contested. Where reservations

:52:28.:52:32.

impact on the current competence of the assembly, it is vital that the

:52:33.:52:38.

case for them is made explicitly and that the drafting is precise and

:52:39.:52:44.

specific. This is essential in order to protect the Assembly's ability to

:52:45.:52:51.

legislate coherently and within its competence.

:52:52.:52:56.

If it is convenient for the House I would like to comment briefly on the

:52:57.:53:02.

amendment 83, which refers to policing. This is a very interesting

:53:03.:53:11.

area where change is desirable. The UK Government's own Silk Commission

:53:12.:53:15.

recommended that policing be devolved on the basis that it is a

:53:16.:53:19.

public service, of particular concern to people this their daily

:53:20.:53:25.

lives. And is similar to health, education and the Fire Service. They

:53:26.:53:30.

reached this conclusion after taking in extensive evidence, including

:53:31.:53:35.

from professional police bodies, Chief Constables and Police and

:53:36.:53:39.

Crime Commissioners. I and that s and Police and Crime Commissioners.

:53:40.:53:42.

I and that the four present -- I understand the four present Police

:53:43.:53:46.

and Crime Commissioners in Wales are in favour of this change. They've

:53:47.:53:52.

based this proposal on opinion polling showing clear public

:53:53.:53:56.

support. Silk noted that devolution would improve counting by aligning

:53:57.:54:00.

police responsibility with police funding. Much of which already comes

:54:01.:54:06.

from devolved sources. In short, devolution would allow crime and the

:54:07.:54:13.

causes of crime to be tackled holistically under the overall

:54:14.:54:15.

policy framework of the Welsh Government. As Silk noted presents

:54:16.:54:23.

arrangements are complex, incoherent and lack transparency. Policing is

:54:24.:54:28.

the only major front line public service not currently the

:54:29.:54:32.

responsibility of the devolved institutions in Wales. This

:54:33.:54:38.

anomalous position means that the advantages of collaboration with

:54:39.:54:42.

other blue light services, which have been strongly advocated in

:54:43.:54:45.

current Government policy for England, as well as with other

:54:46.:54:51.

relevant public services, is made significantly more difficult.

:54:52.:54:56.

Deleting these reservations would address this anomaly. But

:54:57.:55:04.

responsibility for counter-terrorism activity should not be devolved, and

:55:05.:55:09.

I would continue to argue that it should be reserved by nature of

:55:10.:55:15.

reservation 31. The Assembly will only be able to legislate in respect

:55:16.:55:20.

of bodies such as the National Crime Agency as the British Transport

:55:21.:55:24.

Police with UK Ministers' consent, because they are public authorities

:55:25.:55:30.

within the meaning of paragraph 8 of schedule 2. Which will place

:55:31.:55:34.

restrictions on the Assembly's powers in respect of such bodies. So

:55:35.:55:42.

after reflecting, the Silk committee's recommendation is

:55:43.:55:49.

envisaged to take devolution of spotlights redominantly for local

:55:50.:55:53.

policemen. The key point is that devolution could enable Police

:55:54.:55:58.

Services in Wales to work even more closely alongside the other devolved

:55:59.:56:02.

public bodies with greater opportunities to secure improved

:56:03.:56:06.

community safety and crime prevention. Where this applies in

:56:07.:56:16.

England, and we have a fine example of this on which we can base our

:56:17.:56:21.

recommendations, the UK Government is pushing forward devolution of

:56:22.:56:26.

policing and justis powers with the greatest enthusiasm. Only last week

:56:27.:56:31.

it was reported that the prison Minister declared himself as a firm

:56:32.:56:37.

fan of devolution, having signed over new powers to the Mayor of

:56:38.:56:42.

Greater Manchester. He hail as new dawn for the justice system, run by

:56:43.:56:47.

locals for locals and effective justice system that meets the needs

:56:48.:56:54.

of local people. Yet in a reserved power model of devolution for Wales

:56:55.:56:58.

there is no overriding imperative to keep the control of these matters in

:56:59.:57:02.

Whitehall. Where is the inconsistency and fair treatment for

:57:03.:57:06.

Wales? If it is good enough for Manchester, surely it is good enough

:57:07.:57:13.

for Wales? Amendment 122 deals with antisocial behaviour. Whatever the

:57:14.:57:17.

outcome on policing, it is imperative not to reduce the

:57:18.:57:22.

Assembly's existing competence for dealing with antisocial behaviour in

:57:23.:57:27.

devolved context. This is why there needs to be an amendment to

:57:28.:57:32.

reservation 41 relating to antisocial behaviour. As drafted,

:57:33.:57:36.

the Bill would reserve matters currently within the simply's

:57:37.:57:42.

legislative cover tense, such as antisocial behavioural matters

:57:43.:57:46.

relating to housing or nuisance. This would represent a significant

:57:47.:57:50.

reduction in the Assembly's existing competence. The Welsh Government's

:57:51.:57:55.

amendment would narrow the reservation to be more closely

:57:56.:58:01.

reflect the currently situation. Amendment 123 is on the very good

:58:02.:58:07.

subject of alcohol. As drafted, the Bill would reserve the sale and

:58:08.:58:12.

supply of alcohol and the licensing of the provision of entertainment

:58:13.:58:19.

and late-night refreshment. These amendments propose the deletion of

:58:20.:58:22.

those rel investigations and allow the Assembly to be able to legislate

:58:23.:58:29.

on these matters. Alcohol misuse is a major public health issue and a

:58:30.:58:34.

principal cause of preventle death and illness in Wales. It can lead to

:58:35.:58:40.

a great many health and social harm problems, particularly for a

:58:41.:58:45.

significant minority of addicts and people who drink to excess and for

:58:46.:58:49.

other reasons. Given these impacts and the direct link with devolved

:58:50.:58:55.

spotlight for public health and the NHS, there's a pressing need to

:58:56.:58:59.

tackle alcohol misuse and the Assembly and Welsh Government must

:59:00.:59:04.

have the full range of tools at their disposal. Policies that

:59:05.:59:09.

control the way in which alcohol is sold and supplied are widely

:59:10.:59:14.

acknowledged to be among the most effective mechanisms for tackling

:59:15.:59:18.

alcohol-related harms. Regarding the availability of alcohol, it is an

:59:19.:59:22.

important way to reduce the harmful use of alcohol, particularly in

:59:23.:59:28.

tackling easy access to alcohol by vulnerable and high-risk groups.

:59:29.:59:33.

Licensing controls are an essential tool which must form part of the

:59:34.:59:38.

Welsh Government's strategy to tackle alcohol-related abuse. These

:59:39.:59:44.

reservations face unnecessary and inappropriate constraints on action

:59:45.:59:47.

to tackle alcohol availability in Wales. These pours are devolved in

:59:48.:59:53.

Scotland and in Northern Ireland, where similar public health

:59:54.:59:57.

challenges were faced and they should be equally devolved for

:59:58.:59:59.

Wales. Reserved trust posts. The bill

:00:00.:00:11.

enacted would enable legislation on ports and harbours and also transfer

:00:12.:00:14.

additional executive functions in respect of these from the Secretary

:00:15.:00:21.

of State to the Welsh ministers. This is welcome, it is in line with

:00:22.:00:26.

the recommendations. But the bill increases and creates a specific

:00:27.:00:30.

category of reserved transport about which the assembly could not

:00:31.:00:36.

register. And in respect of which the Welsh ministers cannot exercise

:00:37.:00:41.

any powers. The bill defines reserved trust posts in a way that

:00:42.:00:44.

means only Milford Haven would be such a port. Why is this reservation

:00:45.:00:52.

necessary? Silk made no such recommendations to reserve any trust

:00:53.:00:58.

port, unlike it did the same David spake endpaper. The then Secretary

:00:59.:01:01.

of State said when giving evidence on the draft bill to the Welsh

:01:02.:01:04.

affairs committee that the purpose the clause was to reserve Milford

:01:05.:01:09.

Haven specifically due to its status as a strategic energy poured. But

:01:10.:01:17.

the UK Government in consistently declined to site energy, security as

:01:18.:01:22.

a policy driver for investment in Milford Haven to support the sale of

:01:23.:01:29.

the more co-refinery in 2014. Aberdeen trust board could equally

:01:30.:01:33.

be seen as a strategic energy port given the importance of North Sea

:01:34.:01:37.

oil to the UK, yet it was devolved to the Scottish Government, why on

:01:38.:01:41.

earth not do the same thing with Milford Haven? Devolve its control

:01:42.:01:48.

to the Welsh assembly. So the concept of a reserved trust port is

:01:49.:01:51.

unnecessary and inappropriate and should be removed from the bill

:01:52.:01:55.

enabling the assembly to have legislative competence in respect of

:01:56.:02:01.

all trust ports in Wales including Milford Haven. As recommended by

:02:02.:02:05.

silk and the Welsh ministers powers should by virtue of these amendments

:02:06.:02:08.

extend to Milford Haven as they will to other harbours in the country.

:02:09.:02:14.

Employment and industrial relations in devolved public services are

:02:15.:02:23.

covered by the amendment one 24. The devolved public service workforce

:02:24.:02:27.

comprising those working in Wales public authorities as defined in the

:02:28.:02:32.

bill or engaged in public services are connected out of otherwise

:02:33.:02:38.

procured why such authority is intrinsically inseparable from the

:02:39.:02:40.

services and functions of those authorities. All of which work

:02:41.:02:47.

within the devolved sphere. The workforce is the main means by which

:02:48.:02:51.

authorities carry out their functions and provide services to

:02:52.:02:54.

the public. There is a well-recognised link between good

:02:55.:02:59.

employment practices and industrial relations with the authorities. And

:03:00.:03:04.

the quality of the public services they provide to the public. As the

:03:05.:03:08.

bill is drafted the assembly would not be able to legislate on

:03:09.:03:12.

workforce matters in devolved services. So this amendment proposes

:03:13.:03:20.

an exception so that the general reservation preventing the assembly

:03:21.:03:24.

from legislating on employment and industrial relations matters does

:03:25.:03:28.

not undermine the assembly's ability to legislate in respect of devolved

:03:29.:03:33.

public services and the devolved public services workforce. The

:03:34.:03:37.

amendment would not undermine the shared framework and protections in

:03:38.:03:44.

respect of employment and industrial relations spanning the private and

:03:45.:03:48.

public sectors across the UK. It would afford the assembly the chance

:03:49.:03:54.

to augment these where appropriate to support the effective delivery of

:03:55.:04:00.

devolved public services by Wales public authorities. The question on

:04:01.:04:09.

amendment 195 affect teachers pay and conditions. We agree that this

:04:10.:04:16.

reservation should be omitted. Education has been a devolved matter

:04:17.:04:19.

since the establishment of the assembly, and to retain this

:04:20.:04:26.

reservation would be anomalous in comparison to the other devolution

:04:27.:04:29.

settlements as confirmed by the silk commission. Teachers pay and

:04:30.:04:33.

conditions are also an integral part of the school system and closely

:04:34.:04:39.

interrelated to the devolved education function. Maintaining this

:04:40.:04:45.

reservation and the associated Secretary of State functions, where

:04:46.:04:53.

the two education systems in England and Wales are diverging

:04:54.:04:55.

year-on-year, makes it more difficult for the Welsh government

:04:56.:04:59.

to deliver Welsh priorities with the national pay systems and structures

:05:00.:05:04.

set up to support a different English employment model. This is

:05:05.:05:10.

the whole principle of devolution about which we all agree. The UK

:05:11.:05:17.

Government's Academy nation programme, for example, does not

:05:18.:05:24.

require the same statutory compliance with the school teachers

:05:25.:05:27.

pay and conditions document that's required for all maintained schools

:05:28.:05:32.

in Wales. Additionally the freedom in England for academies not to

:05:33.:05:38.

comply with the same professional registrations standards does not

:05:39.:05:43.

operate in Welsh maintained schools. This means that the school teachers

:05:44.:05:46.

review body report every year tends to reflect the different educational

:05:47.:05:53.

context. The relevance of the current process driven by the fact

:05:54.:05:57.

that the Secretary of State's remit, the review body, does not reflect

:05:58.:06:01.

Welsh issues, is diminishing in relation to Wales. The assembly

:06:02.:06:05.

should have legislative competence in this matter, and executive

:06:06.:06:10.

responsibility should transfer to Welsh ministers to allow for the

:06:11.:06:13.

development of an effective workforce strategy that reflects the

:06:14.:06:22.

needs of Welsh schools. Water and sewage are covered in the amendments

:06:23.:06:34.

127, 128, 129, we seek the deletion of reservation 291. There are

:06:35.:06:37.

several different aspects of policy on water. The Secretary of State is

:06:38.:06:42.

well aware of how sensitive a matter this has been for generations. Even

:06:43.:06:52.

the Secretary of State agrees, and I think this has been a matter of

:06:53.:06:57.

great contention, I recall many years ago going in to inspect public

:06:58.:07:01.

toilets in mid Wales and seeing a notice on them saying "Please flush

:07:02.:07:13.

twice, England needs our water". And continuing there has been a

:07:14.:07:15.

recognition that water is a great national resorts of Wales which is

:07:16.:07:20.

not available in the abundance in Wales as it is... We have a great

:07:21.:07:28.

richness in the water resources we have. And sadly with the great

:07:29.:07:36.

history of the other matters that concern us over many years where

:07:37.:07:39.

Wales was plundered for its natural resources, without compensation...

:07:40.:07:47.

Yes? I'm very grateful to him for giving way. As he has mentioned of

:07:48.:07:53.

course 50 years since Evans won that famous by-election in 1966, that

:07:54.:08:01.

great victory changed Welsh and arguably UK politics from that

:08:02.:08:04.

result, the drowning of true airing. Does he think it would be a fitting

:08:05.:08:10.

memorial to that great victory that this bill contains the devolution of

:08:11.:08:17.

water to Wales? I think that would be entirely appropriate. He reminds

:08:18.:08:20.

us of matters subject to great passion at the time. And I believe

:08:21.:08:30.

it did have as many points in history have, consecrating the

:08:31.:08:35.

feelings of Wales about their national identity. What was seen to

:08:36.:08:38.

be an injustice against the people of Wales. But I do remember the

:08:39.:08:52.

events vividly. I'm grateful. On the subject, I could not let the point

:08:53.:08:56.

of discussion pass, I wonder if my honourable friend would be so kind

:08:57.:09:02.

as to put on record his admiration for Lord Thomas Williams Jones who

:09:03.:09:08.

was the member of Parliament who chaired the action committee. Happy

:09:09.:09:20.

to record that, and I think it is worth mentioning that it was opposed

:09:21.:09:24.

by every single Welsh member of this house, it was not subject to one

:09:25.:09:36.

party at the time. I look back with pride on the Labour MPs and peers

:09:37.:09:43.

who took part in the early days of establishing the Welsh identity,

:09:44.:09:45.

particularly the North Wales area, when we had a large number of Welsh

:09:46.:09:54.

speaking MPs here who would have dreams of the day like today,

:09:55.:10:00.

passing legislation. They were full of high hopes at the time. But we

:10:01.:10:09.

are taking these steps forward now, and the dreams of the past

:10:10.:10:13.

generations are now being fulfilled and honoured. There's the scope of

:10:14.:10:19.

the assembly's legislative competence in this field, an

:10:20.:10:22.

interesting one. The Welsh government is seeking full

:10:23.:10:26.

devolution of water and sewage to be aligned with the geographical

:10:27.:10:31.

boundary with England as set out in the silk report and the UK

:10:32.:10:36.

Government's command paper. The joint government water and sewage

:10:37.:10:44.

evolution programme board was set up to consider the alignment of

:10:45.:10:47.

legislative competence within the National border. The programme

:10:48.:10:52.

focused on any impact on consumers and engaged with the regulator,

:10:53.:10:58.

consumer and representatives. The water companies and both governments

:10:59.:11:04.

took part. The work of the programme has now concluded. I understand the

:11:05.:11:07.

evidence confirmed that these changes can be achieved with minimal

:11:08.:11:14.

impact on the consumers of water and sewage services. So, legislative

:11:15.:11:20.

competence for water should be aligned with the National border.

:11:21.:11:24.

I'll take this opportunity to mention the related aspects of

:11:25.:11:26.

policy on Wales including the amendment to close 44 and a new

:11:27.:11:33.

clause with your permission, new clause ten. Clause 44 of the bill

:11:34.:11:39.

will amend section 114 of the 2006 act by adding to the grounds on

:11:40.:11:42.

which the Secretary of State can intervene to prevent the presiding

:11:43.:11:47.

officer from submitting an assembly Bill for Royal assent. Section 144

:11:48.:11:56.

currently allows such interventions inter alia. If the Secretary of

:11:57.:12:01.

State has reasonable grounds to believe the bill contains provisions

:12:02.:12:04.

which might have serious adverse impact on watery sauce is, supply or

:12:05.:12:11.

quality in England -- water resources. The Wales Bill will add

:12:12.:12:16.

to this by allowing intervention to the bill if it might have serious

:12:17.:12:20.

adverse impact on sewage services and systems in England. In the Welsh

:12:21.:12:27.

government's review, with which I totally agree, the intervention

:12:28.:12:34.

aspect in respect of water should be replaced by a memorandum of

:12:35.:12:36.

understanding between the Welsh and the UK Government 's on how

:12:37.:12:41.

cross-border water issues should be managed. This was also the view of

:12:42.:12:46.

the silk commission which recommended that a formal

:12:47.:12:51.

intergovernmental protocol should be established in relation to

:12:52.:12:56.

cross-border water issues. And the Secretary of State's existing,

:12:57.:13:01.

legitimate and executive powers of intervention in relation to water

:13:02.:13:06.

should be removed in favour of mechanisms under the intergovernment

:13:07.:13:14.

protocol. It follows that the Welsh government proposal to the proposed

:13:15.:13:18.

extension 44 of these intervention powers to sewage and also would wish

:13:19.:13:28.

to see as section 114, and 152 amended to remove this intervention.

:13:29.:13:38.

I'm very grateful to the honourable gentleman for giving way. In respect

:13:39.:13:46.

of clause 114 and 152, can I draw his attention to amendments that

:13:47.:13:48.

will be debated later this evening which I will hope to remove those

:13:49.:13:54.

clauses. I don't want to pre-empt the debate but to give the gentleman

:13:55.:13:59.

fair warning that if the stance we will be taking, and it would achieve

:14:00.:14:04.

precisely the end he has just described. I am grateful for the

:14:05.:14:08.

honourable gentleman for pointing that out. We are in a position of

:14:09.:14:11.

agreeing with many of the amendments that have been put forward by the

:14:12.:14:15.

honourable gentleman and his party. On some of them, although we will

:14:16.:14:20.

support them, and I support them now in the speech I am making, but there

:14:21.:14:25.

are some on which we wish to take consultation is because of the speed

:14:26.:14:30.

at which this bill is going through. We are very agreeable. But it means

:14:31.:14:33.

there are certain groups and individuals that we have not yet

:14:34.:14:38.

consulted, so we might not yet be supporting the honourable

:14:39.:14:40.

gentleman's amendments in the lobbies. Although we have a great

:14:41.:14:46.

deal of agreement with them. Can I say that what we are hoping to

:14:47.:14:55.

divide the house on is our clause 83. If I could say finally with new

:14:56.:15:03.

clause ten in this section, this is the issue of off water

:15:04.:15:08.

accountability which is the subject of new clause ten. Off-board should

:15:09.:15:13.

be fully accountable to the National Assembly for Wales in respect of the

:15:14.:15:16.

functions it exercises in relation to Wales, especially as legislative

:15:17.:15:23.

competence in respect of water and sewage would be fully devolved.

:15:24.:15:28.

The new clause will make it a requirement for Ofwat to produce a

:15:29.:15:35.

report to Welsh ministers and that will be related before the National

:15:36.:15:43.

Assembly. The proposed amendment to require the Secretary of State to

:15:44.:15:47.

seek the consent of the Welsh ministers before giving directions

:15:48.:15:50.

to Ofwat in respect of these matters. I would like to conclude my

:15:51.:15:57.

remarks. I'm grateful for your patience in listening to these

:15:58.:16:02.

larger number of amendments that we have. What we are suggesting in the

:16:03.:16:08.

Ofwat ones is that the changes are necessary so that Ofwat is fully

:16:09.:16:12.

accountable to the National Assembly for Wales and the Welsh ministers

:16:13.:16:14.

for these functions to be at exercise ball in relation to Wales.

:16:15.:16:20.

This is another step forward in devolution and I would be grateful

:16:21.:16:25.

if the government of the House had been serious considerations to the

:16:26.:16:31.

proposals made. The question is that amendment 118 be made. David Jones?

:16:32.:16:39.

Thank you Mr Hoyle. I wish to speak briefly to amendment 160 one. Which

:16:40.:16:43.

is in my name and that of the honourable members. This seeks to

:16:44.:16:54.

amend schedule one by reserving the setting of speed limits in Wales and

:16:55.:16:58.

the design of road and traffic signs. It seems to me that the whole

:16:59.:17:06.

purpose of devolution should be not to make life more difficult but to

:17:07.:17:12.

make life easier. We will be debating a great deal of practical

:17:13.:17:16.

amendments to the Bill this evening. It seems to me this is one where the

:17:17.:17:22.

practical purpose of devolution would be better served by reserving

:17:23.:17:28.

these competences. Dealing first with the issue of speed limits, I

:17:29.:17:34.

would strongly suggest it would be highly counter-productive for there

:17:35.:17:39.

to be different differential speed limits between England and Wales.

:17:40.:17:45.

And the fact is that the road systems of England and Wales are

:17:46.:17:53.

closely integrated. Every day, many thousands of commuters travel

:17:54.:17:55.

backwards and forwards across the border and at certain times of year

:17:56.:18:01.

of course particularly holiday periods, there are considerable

:18:02.:18:06.

numbers of visitors from other parts of the United Kingdom. And also the

:18:07.:18:13.

continent of Europe. These are not confined to the principal arterial

:18:14.:18:19.

routes of the M4 and the a 55. In fact there are a number of other

:18:20.:18:23.

important routes that cross the border, not all of them east to

:18:24.:18:28.

west, many of them north to south. I'm thinking most particularly of

:18:29.:18:34.

the A483 which is the principal route between Manchester and

:18:35.:18:38.

Swansea, which crosses and three crosses the border at several

:18:39.:18:46.

points. And again, the A490 which is another well-known border route. It

:18:47.:18:50.

does seem to me that have differential speed limits, national

:18:51.:18:53.

speed limits at distances of every or three miles is going to be at the

:18:54.:19:00.

very least confusing and at the very worst positively dangerous. I would

:19:01.:19:05.

suggest that the context of England and Wales is different from the

:19:06.:19:10.

context of England and Scotland. The integration of the road network

:19:11.:19:14.

between England and Wales is far closer. I think in terms of

:19:15.:19:18.

practicality is it makes no sense whatsoever to devolve the setting of

:19:19.:19:26.

speed limits to Cardiff. I'm following these arguments with

:19:27.:19:29.

considerable interest. Is he saying that motorists are unable to cope

:19:30.:19:32.

with changes in speed limits which are signalled by appropriate signs

:19:33.:19:41.

in my own constituency. I know of a road where it is 40, then 30 then

:19:42.:19:50.

20, then 30 and then 40. He will remember the former Chief Constable

:19:51.:19:55.

of North Wales who generated quite substantial funds out of the

:19:56.:20:00.

inattention to speed limits on the part of motorists. My point is not

:20:01.:20:05.

so much local speed remits, its national speed limit. It seems to me

:20:06.:20:09.

that it is far more sensible if the national speed limit is something

:20:10.:20:13.

set by the Department for Transport in London. If necessary, in

:20:14.:20:17.

consultation with the Welsh Assembly government. I do think that when

:20:18.:20:23.

there is such a closely integrated main transport road network between

:20:24.:20:27.

the two nations it makes no sense to have differential speed limits. The

:20:28.:20:32.

second point I wish to make is in connection with road signs. And

:20:33.:20:37.

again, principally on the same grounds, where we have such a

:20:38.:20:41.

closely integrated road network. It is I think, it does have the

:20:42.:20:48.

potential to cause considerable difficulty if the Welsh government

:20:49.:20:51.

were to decide for whatever reason, completely to redesign road signs. I

:20:52.:20:59.

think that that would be, again, not only confusing but positively

:21:00.:21:04.

dangerous. So I believe again, and I would suggest in consultation with

:21:05.:21:10.

the Welsh government, the competence for the design of road signs should

:21:11.:21:13.

remain with the Department for Transport in London. I hope that

:21:14.:21:23.

this... Certainly. Is his contention based on any research, as I seem to

:21:24.:21:29.

remember when I was at extensive debate in Wales, he will remember

:21:30.:21:33.

about having Welsh language road signs and bilingual signs. Various

:21:34.:21:41.

aspects were researched by the Road research laboratory, the AA, who

:21:42.:21:45.

predicted all kinds of doom should we have bilingual signs. Does he

:21:46.:21:52.

have any similar research into differential speed limits? I have no

:21:53.:21:56.

objection to bilingual road signs. I think they should be in courage to.

:21:57.:22:01.

It is not so much a question of the language is the design of the same

:22:02.:22:08.

-- the design of the signage. Most of our road signs follow European

:22:09.:22:12.

norms, it may be that they don't in the future. If we are to have

:22:13.:22:18.

consistency and avoid danger we should have consistency in the

:22:19.:22:23.

design of road signage. Yes, I give way. I think you're forgiving way.

:22:24.:22:28.

My constituency is one of those but has road traversing both England and

:22:29.:22:35.

Wales. What a great pity it would be to see the gorgeous countryside

:22:36.:22:39.

littered with even more road signs up and down Wales. What a great

:22:40.:22:44.

shame it would be to those visitors who come to Wales for that wonderful

:22:45.:22:52.

experience. I'm sure we could have fewer, we might have more. My

:22:53.:22:57.

concern as they shouldn't be so different as to cause accidents on

:22:58.:23:00.

the part of motorists wondering what the heck that sign meant as they

:23:01.:23:05.

passed it. In terms of practicality there is and a persuasive case. I

:23:06.:23:10.

never really understood the case the devolution of road signs. I give

:23:11.:23:14.

way. It's far more distracting and dangerous than all these Tory

:23:15.:23:20.

posters we get at election time which cause far greater danger of

:23:21.:23:24.

destruction than any road signs. I have to say that I've never received

:23:25.:23:29.

anything but praise the conservative signage and I received even more

:23:30.:23:34.

praise for the fight leave signs noticeable by their presence

:23:35.:23:40.

throughout Wales -- Vote Leave signs. This is a probing amendment.

:23:41.:23:46.

I would be grateful to hear from my right honourable friend as to the

:23:47.:23:50.

rationale for these two proposals. It does seem to me that at the very

:23:51.:23:57.

least they are confusing, at the worst they have the potential to be

:23:58.:24:07.

positively dangerous. I must take this opportunity to congratulate the

:24:08.:24:15.

Welsh team for the brightest, most joyful memories of the last few

:24:16.:24:22.

weeks. I rise to speak to the amendments in this group which

:24:23.:24:27.

tabled in my name and in the names of my Plaid Cymru colleagues. These

:24:28.:24:31.

amendments seek to amend schedule seven A of the government words act

:24:32.:24:38.

2006 and related clause three of the bill which deals with the

:24:39.:24:41.

legislative competence of the national Assembly of Wales. The

:24:42.:24:45.

majority of our amendments seek to aim at certain reservations from the

:24:46.:24:50.

Ford mentioned schedules. The amendments are intended in some

:24:51.:24:53.

cases to restore competence in areas which are already devolved and in

:24:54.:24:58.

others, to devolve competence to the Assembly in areas which are devolved

:24:59.:25:01.

to Scotland. If the government is not prepared to give the Welsh

:25:02.:25:05.

Assembly parity with the Scottish Parliament in these areas we would

:25:06.:25:11.

ask for specific reasons to be given in these instances. I would note by

:25:12.:25:17.

the Welsh affairs select committee and the national Assembly's

:25:18.:25:21.

constitutional affairs committee have written reports on the draft

:25:22.:25:25.

Wales Bill legislation and both committees called on the UK

:25:26.:25:29.

Government to provide individual justification is that each of the

:25:30.:25:33.

reservations now contained in schedule seven A. As such it is a

:25:34.:25:36.

great disappointment to my colleagues and me that the

:25:37.:25:40.

government has not seen fit to provide us with these

:25:41.:25:44.

justifications. I would like the Secretary of State to explain why

:25:45.:25:46.

the government hasn't been forthcoming. If further

:25:47.:25:50.

justifications cannot be provided we would argue that the government

:25:51.:25:55.

should amend the schedule so as to omit those areas outlined in our

:25:56.:25:59.

amendments. Plaid Cymru hasn't been alone in saying this over many

:26:00.:26:02.

years, that the national Assembly should move to a reserve powers

:26:03.:26:08.

model. The independent cross-party commission made such a

:26:09.:26:11.

recommendation. Legal experts and much of civil society in Wales

:26:12.:26:16.

recognised that adopting a reserved powers model should in theory

:26:17.:26:20.

provide greater legal clarity and work ability. The idea of moving

:26:21.:26:24.

towards a reserve powers model has also been taken in Wales to

:26:25.:26:30.

symbolise a shift in Westminster's attitude towards the Assembly. This

:26:31.:26:34.

is because it was assumed to be synonymous with the maturing of

:26:35.:26:38.

relations between them. Rather than having to justify devolving an area

:26:39.:26:42.

of competence, Westminster will be compelled to justify reserving an

:26:43.:26:46.

area of law which should again have represented a significant

:26:47.:26:51.

attitudinal shift and a recognition of greater parity. But, the sheer

:26:52.:26:57.

length of the list of reserved areas contained in the schedule has made a

:26:58.:27:01.

mockery of this notion. It should have come as no surprise to the

:27:02.:27:04.

Wales Office that the original draft Wales Bill was met with such dismay

:27:05.:27:10.

by the Welsh Assembly and civil society. The long, dismayingly long

:27:11.:27:16.

list of reservations and the way in which the bill went so far in some

:27:17.:27:20.

cases as to curtail power was already devolved, would

:27:21.:27:23.

fundamentally undermine the Assembly's confidence. It would do

:27:24.:27:28.

the opposite of what was presumably intended. While we are grateful the

:27:29.:27:32.

previous Secretary of State announced a pause in introducing the

:27:33.:27:37.

legislation, we still believe that schedule 7a shows the paucity of

:27:38.:27:40.

ambition for Wales. That is why we have drafted the amendments in this

:27:41.:27:48.

grouping. Amendments 83, 86, 110 and 111 seek to devolve aspects of the

:27:49.:27:51.

justice system to the Assembly. These cover the legal professional

:27:52.:27:56.

and legal services, crime, public order and policing, the

:27:57.:28:02.

rehabilitation of offenders and prisons and offender management. As

:28:03.:28:07.

has been pointed out in this House on many occasions and was championed

:28:08.:28:13.

by my predecessor, Wales is the only legislature which has no separate or

:28:14.:28:17.

distinct legal jurisdiction of its own. The matter of a separate legal

:28:18.:28:22.

jurisdiction was debated last week so I won't repeat my arguments.

:28:23.:28:26.

While I accept the Tories disagree with the need for a separate

:28:27.:28:30.

jurisdiction, I remain somewhat confused by the position of official

:28:31.:28:35.

opposition who said they supported it but abstained because the

:28:36.:28:39.

government doesn't support it. If the official opposition can only

:28:40.:28:42.

vote in favour of measures supported by the government, then I suggest

:28:43.:28:47.

they are not well fitted to being the official opposition. Given that

:28:48.:28:50.

our amendment was defeated last week we will use the report stage of this

:28:51.:28:55.

bill to bring forward proposals on a distinct rather than separate

:28:56.:28:59.

jurisdiction, and I hope that the House will be more open to working

:29:00.:29:04.

with us when the time comes. It is well-known that the silk commission

:29:05.:29:09.

recommended that evolution of policing in related areas of

:29:10.:29:11.

community policing and crime prevention. We are resolute that

:29:12.:29:17.

Wales should have responsibility for its police forces. We are presenting

:29:18.:29:25.

this amendment at a time when it is being proposed that policing is

:29:26.:29:28.

devolved to Manchester and Liverpool for examples. If the policing can be

:29:29.:29:33.

held to account in a devolved landscape, why not be policing of

:29:34.:29:38.

Wales? The First Minister supports the devolution of policing, all the

:29:39.:29:42.

crime commissioners support devolution of policing. I welcome

:29:43.:29:46.

what was said by the Secretary of State for Wales about the devolution

:29:47.:29:49.

of policing and I would feel therefore that the time is right for

:29:50.:29:54.

this to move ahead. And in able police of Wales to work directly to

:29:55.:29:58.

improve the lives and safety of the people of Wales, according to their

:29:59.:30:00.

unique needs and priorities. I intend to push this amendment to a

:30:01.:30:10.

division. We are also of the belief that prisons and offender management

:30:11.:30:14.

should be devolved to say that sentences, magistrates and privation

:30:15.:30:17.

can reflect the distinct priorities of this separately got your

:30:18.:30:21.

stitching. Wales should have a prison system that meets the needs

:30:22.:30:25.

of our society so that provisions can be best made to support the

:30:26.:30:29.

needs of Welsh inmates and their families and which allow for far

:30:30.:30:34.

better rehabilitation into our communities. I will give waste point

:30:35.:30:39.

I am grateful my honourable friend. Does she think it is scandalous that

:30:40.:30:42.

there is no provision for women prisoners in Wales? There are many

:30:43.:30:47.

female prisoners but they are held in England outside Gloucester. And

:30:48.:30:54.

that provides particular problems for the families of prisoners,

:30:55.:30:58.

particularly from the west of Wales. We are aware in the north that there

:30:59.:31:02.

is no prison for women and neither for young people or offenders. There

:31:03.:31:07.

are many steps afoot to improve her women who entered the criminal

:31:08.:31:09.

justice system are treated in Wales, which are to be welcomed. Certainly

:31:10.:31:18.

the union HMP style is a long way away from people's homes and there

:31:19.:31:23.

must be a better way to deal. I will give way. I am very grateful to the

:31:24.:31:27.

honourable lady for giving way. She alluded to the position of

:31:28.:31:31.

rehabilitation of young offenders and this essential relationship

:31:32.:31:36.

which devolve in these matters would support would be the

:31:37.:31:41.

interrelationship between health and education to render rehabilitation

:31:42.:31:44.

successful. This is a gross admission from this pill recognition

:31:45.:31:52.

of that fact. I can only agree. I will give way. I am very grateful to

:31:53.:31:56.

my colleague for giving way. As always she is making a very

:31:57.:32:00.

compelling case full of very strong arguments. Does she agree with me

:32:01.:32:04.

that we have a slightly ironic situation whereby the referendum has

:32:05.:32:10.

just been won to leave the European Union partly on the basis of

:32:11.:32:14.

democracy and sovereignty yet here we are debating a Wales Bill when

:32:15.:32:17.

compared to Scotland and Northern Ireland it seems to be denying

:32:18.:32:22.

sovereignty and democracy to Wales? I feel that we are, with this bill,

:32:23.:32:31.

moving ahead in some small steps. Inching, painfully. I await the time

:32:32.:32:40.

when we will be moving ahead in a better way. I move on from those

:32:41.:32:44.

amendments which of course, many of which were recommended by the silk

:32:45.:32:49.

commission. Following on from these I would like to turn to a number of

:32:50.:32:55.

amendments including amendment 85, the reservation of prostitution from

:32:56.:33:00.

the list of reserve powers. The amendment which removes the

:33:01.:33:07.

reservation of knives. And the movement of the reservation of a

:33:08.:33:10.

porch, which brings Wales into line with Scotland and Northern Ireland.

:33:11.:33:15.

I can only challenge the Secretary of State to stand up and say why he

:33:16.:33:18.

voted for Scotland to have these powers but is now telling us in

:33:19.:33:22.

Wales that we cannot have these powers. Amendment 155 is distinctive

:33:23.:33:28.

because it seeks to clarify the resolution and not omitted entirely.

:33:29.:33:31.

The amendment clarifies the reservation is being Crown

:33:32.:33:36.

Prosecution Service rather than the broader prosecutors currently

:33:37.:33:39.

drafted. This amendment is crucial since the wording units current form

:33:40.:33:44.

would prohibit assembly legislation enabling devolved authorities such

:33:45.:33:47.

as local authorities from prosecuting. I hope the government

:33:48.:33:50.

will take note of this distinction and amend this accordingly.

:33:51.:33:55.

Amendment 156 removes the necessity test in relation to the law of

:33:56.:34:01.

reserved matters. The test of necessity is on grounds of clarity

:34:02.:34:05.

and work ability as it is capable of a number of different

:34:06.:34:08.

interpretations. One possible interpretation is extremely

:34:09.:34:10.

restrictive and would represent a reduction in the assembly 's current

:34:11.:34:13.

competence. The difference between a reserved matter and the law on

:34:14.:34:21.

reserved matters is explained in paragraphs 494 211, 413 to 414 in

:34:22.:34:25.

the Esplanade free notes to the bill. The assembly Bill written

:34:26.:34:33.

related entirely to planning and modified provision to the UK

:34:34.:34:36.

Parliamentary act concerning telecommunications. A modification

:34:37.:34:40.

might be within the assembly 's competence as its purpose might

:34:41.:34:44.

relate entirely to planning, and so it would meet the test set out in

:34:45.:34:47.

new section one await a bracket six close

:34:48.:34:50.

. But by modifying the provision of the UK out of Parliament which

:34:51.:34:59.

concerned reserved matter, it would modify the lawn reserved matters.

:35:00.:35:03.

The assembly should be able to do so in a purely ancillary way without

:35:04.:35:09.

showing the modification date has no greater effect than is necessary. An

:35:10.:35:13.

equivalent to the bill provisions contained in the Scotland act, 1998.

:35:14.:35:18.

However, in the context of Scottish devolution settlement it is much

:35:19.:35:22.

less restrictive as the Scottish Parliament has competence over

:35:23.:35:26.

considerably greater fields, including of course justice matters

:35:27.:35:31.

I'm the self Scottish Masters of criminal law. Therefore what might

:35:32.:35:34.

appear to be wider latitude for the assembly would in practice still

:35:35.:35:38.

amount to narrow competence. Narrower competence than that of the

:35:39.:35:44.

Scottish Parliament. Amendment 157 removes the criminal law restriction

:35:45.:35:48.

in paragraph four of schedule 47 B. And replaces it with a restriction

:35:49.:35:51.

which provides the assembly cannot modify criminal law unless it is for

:35:52.:35:56.

a purpose other than a reserve purpose. It reflects the assembly 's

:35:57.:36:02.

current competence, ie the criminal law as a silent subject, and they

:36:03.:36:06.

simply can't modify the law if it relates to a devolved subject or an

:36:07.:36:11.

ancillary. The assembly therefore could not modify the criminal law if

:36:12.:36:14.

it was for a reserve purpose, thus protecting the criminal law around

:36:15.:36:19.

the 200 or so reservations in the Wales Bill. The amendment also makes

:36:20.:36:23.

it clear that the assembly could not modify the criminal law for its own

:36:24.:36:27.

sake. There must be a devolved purpose behind the modification of

:36:28.:36:31.

the criminal law. It aligns the criminal law restriction with the

:36:32.:36:35.

private law restriction in paragraph three U seven B, and this would

:36:36.:36:41.

provide consistency and clarity. I have spoken of my party is dismayed

:36:42.:36:45.

that the bill under consideration threatens in places to dilate rather

:36:46.:36:49.

than augment legislative competency of the assembly. In this vein and

:36:50.:36:52.

number of the amendments in this ruling seem to clarify the assembly

:36:53.:36:56.

's powers in relation to its internal functions as well as its

:36:57.:37:02.

overall competence to legislate. Amendments 148, 149 seat to restore

:37:03.:37:07.

the assembly 's competence close to its current level. Currently the

:37:08.:37:10.

assembly is able to affect in a minor weight matters that are listed

:37:11.:37:13.

as exemptions from competence schedule seven to the government of

:37:14.:37:18.

Wales act 2006. Most of these exceptions have been converted into

:37:19.:37:21.

reservations in the proposed new settlement, for example consumer

:37:22.:37:25.

protection. However, under the new settlement the assembly would have

:37:26.:37:28.

no confidence to legislate in a way which touches on reserved matters at

:37:29.:37:33.

all. The assembly can also currently legislate in relation to silence

:37:34.:37:36.

objects, that is topics which are not listed as either subject of

:37:37.:37:39.

competence nor acceptance from competence, in schedule seven of the

:37:40.:37:44.

government of Wales act. This we can do so only where it is also

:37:45.:37:47.

legislating on a subject which is specifically devolved. Many of these

:37:48.:37:52.

silence objects, for example employment rights and duties, have

:37:53.:37:55.

been converted into reservations in the bill. The amendment would

:37:56.:37:59.

restore the assembly 's competence to affect those topics in a purely

:38:00.:38:04.

ancillary way. However the ancillary competence would still be narrower

:38:05.:38:09.

than the assembly 's current ability to legislate on silence objects when

:38:10.:38:11.

it relates to expressly devolved subjects. It is an attempt to allow

:38:12.:38:16.

the aforementioned institution to have control and oversight over its

:38:17.:38:20.

lawmaking. Amendment six would give the assembly the power to

:38:21.:38:24.

consolidate in both English and Welsh, the statutes bill containing

:38:25.:38:26.

the current constitutional settlement affecting Wales. Now, no

:38:27.:38:31.

matter what your position on empowering the simply, I am sure we

:38:32.:38:34.

can all agree that it's important that whatever settlement we have,

:38:35.:38:37.

that settlement is easily understood. It is disappointing that

:38:38.:38:42.

this bill does not consolidate all existing legislation, that this

:38:43.:38:46.

amendment would allow the National Assembly to do that in the interest

:38:47.:38:51.

of clarity. It does not allow the National Assembly to go beyond

:38:52.:38:55.

current legislation beyond its competence. Amendment 34 to 37,

:38:56.:39:01.

scheduled to paragraph 37 which sets out the sections of the government

:39:02.:39:04.

of Wales act which the assembly will have competence to modify. Paragraph

:39:05.:39:12.

72 D specifically refers to part five of the 2006 act, and the ball

:39:13.:39:16.

without restriction. As it stands, this does not include the ability to

:39:17.:39:22.

amend sections on 102 brackets one or 104 brackets three of the

:39:23.:39:26.

government of Wales act which provided for relevant persons,

:39:27.:39:29.

otherwise known as direct funded bodies, which receives funding

:39:30.:39:33.

directly from the Welsh Consolidated funds, for example that means the

:39:34.:39:37.

Welsh government, assembly commission, public service ombudsman

:39:38.:39:40.

for Wales. Amendments 35 and 36 would allow the assembly competence

:39:41.:39:45.

to add to but not removed from the list of relevant persons. This would

:39:46.:39:50.

allow the assembly to enable a body which is independent of Welsh

:39:51.:39:53.

government to also be financially independent where this is deemed

:39:54.:39:57.

appropriate. Any use of such competence to add to the relevant

:39:58.:40:01.

persons would require an act of the assembly. Skrtel to paragraph seven

:40:02.:40:04.

provides the remaining provisions of part five of the 2006 act. End of

:40:05.:40:09.

the where the amendment is incidental to or consequential on

:40:10.:40:12.

the provision of the act of the assembly relating to budgetary

:40:13.:40:15.

procedures and the Secretary of State consents to that amendment. I

:40:16.:40:19.

see no reason why the consent of the Secretary of State should be

:40:20.:40:22.

required to an amendment which will have no impact beyond the assembly

:40:23.:40:26.

's financial procedures. So amendment 37 removes that

:40:27.:40:30.

requirement. I turned to the remaining amendments in this group.

:40:31.:40:36.

As I have already indicated, the majority I like carriers of

:40:37.:40:41.

competence which are devolved to the Scottish parliament. Yet for some

:40:42.:40:45.

unstated reason are being reserved to Westminster in the state of

:40:46.:40:48.

Wales. No justification has been given for reserving these matters

:40:49.:40:51.

and I reiterate this. Consequently and for this reason a list of

:40:52.:41:00.

amendments now, amendment 84 and 87 and 88, 90, 91, 92, 93, 94, 97, 98,

:41:01.:41:12.

106, 103, without listing them all I just gave the numbers. The Secretary

:41:13.:41:19.

of State is allowing Whitehall to pick and choose which powers they

:41:20.:41:22.

want to hold onto. We would argue strongly he must draw his list of

:41:23.:41:26.

reservations based on principles. These reservations make the

:41:27.:41:31.

practical sense in the absence of principle is obvious. They range

:41:32.:41:34.

from the reservation of dangerous dogs to hovercraft to sports grounds

:41:35.:41:38.

and health and safety. We need a reason as to why these areas should

:41:39.:41:47.

be reserved. In addition there are 105, 107, 104, 112, 113, amendment

:41:48.:41:55.

89, relation to Sunday trading, looking to safeguard the

:41:56.:42:00.

long-standing tradition in Wales of protecting shop workers terms and

:42:01.:42:03.

conditions. Amendment 114 and amendment 115. Over and above this

:42:04.:42:10.

Plaid Cymru have long argued that the Department for Work and Pensions

:42:11.:42:13.

should be devolved to the assembly. All working age benefits to be

:42:14.:42:18.

replaced by universal credit and any benefits introduced to replace

:42:19.:42:23.

universal credit, 102, 108 and 99, they are all in those areas of the

:42:24.:42:27.

Department for Work and Pensions functions which we have long argued

:42:28.:42:33.

to be devolved. Amendments 91, 96, 63, 69, deal with the newly created

:42:34.:42:37.

Welsh harbours and reserve trust ports. This creation once again has

:42:38.:42:42.

no justification. A port will now be devolved unless it has a turnover

:42:43.:42:46.

over a certain threshold. Again not in the case of Scotland and Northern

:42:47.:42:50.

Ireland, only Wales. Yet another set of examples of Westminster holding

:42:51.:42:54.

onto as much power as possible while appearing to be offering significant

:42:55.:42:58.

devolution. I challenge the Secretary of State once again to

:42:59.:43:02.

tell us why this is necessary in Wales when he himself voted to

:43:03.:43:06.

devolved full control to Scotland. Amendment to is consequential on new

:43:07.:43:12.

pool is one which seeks to devolved legislative competence of the Crown

:43:13.:43:16.

estate in Wales to the Welsh government and National Assembly for

:43:17.:43:19.

Wales as has been done in Scotland. New clause seven would devolved

:43:20.:43:23.

general legislative competence in respect of agricultural and

:43:24.:43:27.

fisheries levies. These are areas which Plaid Cymru have long argued

:43:28.:43:30.

to be devolved to the National Assembly. Prior to bringing my

:43:31.:43:34.

contribution to a close I wish to note concerns expressed to me by the

:43:35.:43:38.

Welsh language commissioner regarding the bill 's potential

:43:39.:43:41.

effects on the National Assembly 's powers to legislate matters

:43:42.:43:44.

concerning the Welsh language. The possible effects scheduled to be

:43:45.:43:48.

clause eight is that the National Assembly, should it wish to

:43:49.:43:50.

legislate for the Welshman which, would require consent of the

:43:51.:43:55.

relevant minister to convert, impose, modify or remove within

:43:56.:43:58.

legislation the Welsh language functions of ministers of the Crown,

:43:59.:44:02.

government departments or other reserved authorities. Under the

:44:03.:44:06.

current settlement ministerial consent is only required when

:44:07.:44:09.

legislating to impose Welsh language functions on ministers of the Crown.

:44:10.:44:13.

The ministerial consent provisions of the Wales Bill in relation to the

:44:14.:44:16.

Welsh language would appear to be applicable to a wider range of

:44:17.:44:19.

persons and is presently the case, and would thus be more restrictive.

:44:20.:44:23.

I hope this can be considered in later stages. To close, the

:44:24.:44:30.

amendments in this grouping should not be considered as a mere

:44:31.:44:34.

separate, distinct tweaks to the Wales before. Rather we present them

:44:35.:44:38.

as a collection of amendments which, by their sheer number, make evidence

:44:39.:44:43.

the many ways in which the current proposals is deficient. No

:44:44.:44:48.

justification has been given by the government as to why these many

:44:49.:44:52.

policy areas have been reserved. And no justification has been given as

:44:53.:44:56.

to why Wales's assembly should not be granted the same competence as

:44:57.:45:00.

the Scottish Parliament in these areas. In the absence of these

:45:01.:45:03.

justifications I would respectfully urge the government to amend their

:45:04.:45:06.

bill and to present a bolder version, a bolder vision of

:45:07.:45:07.

legislation. The government should not miss the

:45:08.:45:15.

opportunity to enable the Welsh Assembly to grow in competence and

:45:16.:45:19.

confidence. With responsibility comes capability. We should be given

:45:20.:45:23.

the power to legislate in these areas. While I have misgivings about

:45:24.:45:33.

a number of elements of this bill, I wish to speak very briefly with

:45:34.:45:39.

reference to amendment 160 one. This addresses the proposed transfer of

:45:40.:45:43.

powers over national speed limits from Westminster to Cardiff Bay.

:45:44.:45:46.

I've already spoken about this issue during pre-legislative scrutiny and

:45:47.:45:54.

also at Welsh grand committee. To be clear, the power to set specific

:45:55.:46:02.

speed limits such as 29 -- 20 mph zones outside schools, that power

:46:03.:46:08.

already lies with local authorities and with the Welsh Assembly

:46:09.:46:14.

government, and quite rightly. But the Welsh bill proposes transferring

:46:15.:46:19.

powers over national speed limits. To me, those include 30 miles an

:46:20.:46:26.

hour in built-up areas, 60 mph limit in non-built-up areas and 70 mph

:46:27.:46:30.

limit on jewel carriageways and motorways. These in my mind that

:46:31.:46:35.

etched on the brains of all of us via the Highway code and are usually

:46:36.:46:39.

clear in the absence of any signage based on the type of road. We all

:46:40.:46:44.

live on a small island and over 200 raids straddled the England and

:46:45.:46:49.

Wales border. In the case of many smaller roads the border is not as

:46:50.:46:54.

the mark by any signage at all. In some cases it cuts across housing

:46:55.:47:00.

estate roads or even runs along roads and splits them in half. Raids

:47:01.:47:05.

across the UK are subject to the same safety criteria, as our

:47:06.:47:09.

vehicles. Taking this into account its clear to me that the prospect of

:47:10.:47:15.

a different national speed limits in England and Wales simply wouldn't be

:47:16.:47:23.

either desirable nor realistic. He does describe the complexity of the

:47:24.:47:26.

border in some areas but does he have no confidence in the Welsh

:47:27.:47:32.

Assembly or the government in Wales in administering different speed

:47:33.:47:37.

limits sensibly? It's perfectly possible that can be done but I

:47:38.:47:41.

didn't see the point. It would create extra confusion and would be

:47:42.:47:45.

a plethora of signs at the border. There would have to be a huge

:47:46.:47:48.

information exercise which I think would fail to get to the users of

:47:49.:47:57.

those roads in many cases. To close in fact, Welsh devolution was meant

:47:58.:48:00.

to improve the lives of people but it's difficult to see how the

:48:01.:48:04.

devolution of a national speed limit amongst other items in the bill

:48:05.:48:08.

would bring this about. It surely needs to be accepted that this is a

:48:09.:48:12.

matter most sensibly overseen at the UK level and I would respectfully

:48:13.:48:18.

urge the government to reconsider. Thank you Mr chair. I wanted to

:48:19.:48:26.

speak specifically to amendment 124 in the name of my honourable and

:48:27.:48:30.

right honourable friend 's. I want to make it clear my support for

:48:31.:48:33.

that. I know there are a number of honourable members who wish to have

:48:34.:48:38.

their names added to the amendment. It goes in with my full support.

:48:39.:48:45.

This relates to the experience that I had on the trade union bill during

:48:46.:48:50.

its passage in this place and in committee. Where we had an extensive

:48:51.:48:57.

discussion about the relative competence of a devolved

:48:58.:49:01.

administration and the UK Government, over trade union

:49:02.:49:04.

industrial relations and employment matters which related to devolved

:49:05.:49:08.

public services. I think this is a clear distinction I want to draw.

:49:09.:49:13.

I'm not in favour of having an approach unemployment and industrial

:49:14.:49:18.

regimes across these islands. I think it is important there are

:49:19.:49:22.

common provisions. But I also believe in the Welsh government and

:49:23.:49:27.

the Welsh Assembly having full power over the relationships and the

:49:28.:49:31.

partnerships that they choose to develop the types of industrial

:49:32.:49:34.

nations practices they choose to pursue in areas where there is clear

:49:35.:49:39.

devolved competence such in the public services. Particularly how

:49:40.:49:43.

and education but also other areas. It was regularly used as an excuse

:49:44.:49:46.

by the governments during the passage of trade union Bill that

:49:47.:49:51.

they weren't interested in what the Welsh government or Scottish

:49:52.:49:57.

Government positions were on issues like check off, facility time in the

:49:58.:50:03.

public services, because these were exclusively reserved. The Welsh

:50:04.:50:06.

government and Scottish and have made clear that they did not believe

:50:07.:50:11.

that this parliament and the UK Government have the full legislative

:50:12.:50:13.

competence in those areas in particular in relation to

:50:14.:50:18.

administration of those public services. In Wales I believe the

:50:19.:50:21.

Welsh Labour government has pursued a different approach to industrial

:50:22.:50:27.

relations, which has led to an absence of some of the strikes and

:50:28.:50:31.

disputes we seen in other parts of the UK. A clear example of that in

:50:32.:50:36.

relation to the health service. It's a partnership approach that they

:50:37.:50:42.

have taken with trade unions, a very sensible one and a sensible approach

:50:43.:50:46.

to issues such as facility time and check off and other matters. I think

:50:47.:50:51.

the Welsh Labour government has properly recognised the importance

:50:52.:50:55.

of those things and the importance of partnership relationship. Not

:50:56.:51:01.

this confrontational approach taken by the government in Westminster at

:51:02.:51:08.

various points. I would not want to see that undermined. Amendment 124

:51:09.:51:13.

makes it clear that the Assembly would retain its legislative

:51:14.:51:16.

competence over terms and conditions of service that employees in the

:51:17.:51:20.

devolved public services and the industrial nations within those

:51:21.:51:24.

services. I think this is entirely reasonable, it is not about complete

:51:25.:51:28.

devolution of this area, it is important we retain those common

:51:29.:51:32.

standards. It's about allowing the Assembly to direct how it chooses to

:51:33.:51:37.

handle relationships in the Welsh NHS, schools, further education, in

:51:38.:51:42.

that more positive and constructive way that they have shown. I think it

:51:43.:51:47.

would also enable the Welsh government to take the action that

:51:48.:51:51.

it wants to very clearly, without the resort we have seen on other

:51:52.:51:56.

matters, to the courts. The government famously took the worst

:51:57.:52:01.

government to court over the issue of the agricultural workers boards

:52:02.:52:07.

and wages board and the decisions that, a wholly foolish decision. The

:52:08.:52:13.

Welsh government was trying to take the right approach and yet the UK

:52:14.:52:16.

Government wanted to waste taxpayers money attempting to sue the

:52:17.:52:20.

government. I think that's why in areas like this we have to have that

:52:21.:52:24.

clear distinction in legislation. Not attempting to hamstring

:52:25.:52:30.

administrations where they have competence. And we don't spend the

:52:31.:52:35.

public money that otherwise occurs. This I know has the support of many

:52:36.:52:41.

of the trade unions in Wales. I declare my interest as a proud

:52:42.:52:46.

member of the GMB who I know is very supportive of this amendment. I

:52:47.:52:51.

really do wish the government accept this clear distinction for

:52:52.:52:56.

responsibilities in the public services where Wales are able to

:52:57.:53:00.

take a different route. I would urge them to accept the amendment. It's

:53:01.:53:06.

good to have this opportunity to say a few words about this mammoth

:53:07.:53:13.

grouping of amendments before us. I want to speak in support of a range

:53:14.:53:20.

of amendments in schedule one removing certain reservations. I

:53:21.:53:24.

want to endorse the amendments on 83, 112, 84, 85, 86, 117, 123, 116,

:53:25.:53:42.

87, the amendments on water and sewerage 89, 90, 91, heating and

:53:43.:53:50.

cooling and 93 energy conservation, 90 Four Rd transport, speed limits,

:53:51.:53:59.

rail services, these amendments on ports, coastguards, hovercraft,

:54:00.:54:05.

children's Commissioner, teachers paid, time, equal opportunities.

:54:06.:54:13.

When I last read out the list in the Welsh grand committee when we had

:54:14.:54:16.

the ill fated draft bill before the list was somewhat longer. The

:54:17.:54:21.

government should be praised, should be congratulated to a small degree

:54:22.:54:26.

for reducing the list of reservations. I was only saved from

:54:27.:54:30.

hyperventilation by the right honourable gentleman the member for

:54:31.:54:36.

clued West. The list of reservations is shorter. I won't go too much into

:54:37.:54:41.

the specifics of many of those amendments other than to say, and

:54:42.:54:48.

the select committee said it should be reduced. I do still question the

:54:49.:54:54.

process of whether it was a right round or whatever the right round

:54:55.:54:58.

amounted to in various government departments. Who was calling the

:54:59.:55:04.

shots on those different subjects. Was it the Secretary of State, the

:55:05.:55:08.

former Secretary of State and his team, was it our friends in the

:55:09.:55:10.

Assembly government, was it officials and ministers in other

:55:11.:55:15.

government departments. Like my neighbours from Plaid Cymru I would

:55:16.:55:20.

like to see the justification for the reservation list as it is

:55:21.:55:24.

presented. I was fully aware of the Saint Davids process. We looked

:55:25.:55:32.

through silk systematically and the recommendations. Was there a

:55:33.:55:35.

consensus between us then we would proceed. If there wasn't we

:55:36.:55:41.

wouldn't. In either eventuality officials would go away and talk to

:55:42.:55:45.

other departments. My suspicion still is that certain government

:55:46.:55:55.

department, not least the Department of Justice, there is great news to

:55:56.:56:01.

hear that we will be discussing this in a way we didn't on the first day

:56:02.:56:08.

of committee. The need for distinct jurisdiction act report stage. What

:56:09.:56:14.

are these reservations? Should these powers be controlled in Wales Meaney

:56:15.:56:20.

unravelling of our constitutional arrangement? Would it mean the end

:56:21.:56:23.

of the union to devolve the power over hovercraft is, or the

:56:24.:56:29.

children's Commissioner? Would it mean the end of the union? Should

:56:30.:56:33.

there not be a principal and I'd suggest there should be, that if

:56:34.:56:38.

it's good enough to be devolved to Northern Ireland and Scotland, then

:56:39.:56:41.

it should be devolved to Wales as well. Better still, perhaps we

:56:42.:56:46.

should have started from the principal that all power was on

:56:47.:56:51.

devolved and it was the duty of the Wales Office and Westminster to

:56:52.:56:55.

argue the case for preserving them to Westminster. Whitehall would not

:56:56.:56:59.

have had a difficult time from some of us. I part company from my

:57:00.:57:07.

friends in Plaid Cymru that the defence should not be reserved. I

:57:08.:57:10.

would love to hear the argument why most of the other powers are still

:57:11.:57:15.

being reserved to this place. Many of these items were of course

:57:16.:57:24.

referred to in Silk. No mention of reserved ports and Milford Haven.

:57:25.:57:31.

Silk talked about speed limits and drink-driving. I respect the

:57:32.:57:36.

honourable members moving amendment six and one but they should have

:57:37.:57:41.

more faith in the front bench. They should have more faith in the

:57:42.:57:45.

Department for Transport and our friends. I remember sitting in the

:57:46.:57:52.

St David's Day discussions and the Conservatives, I was the liberal,

:57:53.:57:57.

the Labour Party and Plaid Cymru were all united on what the

:57:58.:58:01.

government have suggested. They must have more faith in members of their

:58:02.:58:09.

own party. Silk talked about water and sewerage. He asserted they

:58:10.:58:15.

should be devolved and the boundary should be aligned with the national

:58:16.:58:21.

boundary. A tall order indeed. But he called for further consideration

:58:22.:58:24.

of the practical considerations of alignment with particular interests,

:58:25.:58:30.

with the interests of consumers, and involving discussions with the

:58:31.:58:33.

regulated consumer rats, the water companies and both governments. When

:58:34.:58:38.

we discussed these matters it was agreed, in order to get consensus

:58:39.:58:44.

between the parties that a joint evolution board would be established

:58:45.:58:48.

to consider aligning legislative competence with the National order.

:58:49.:58:53.

That work has now concluded and I would be grateful to hear the

:58:54.:58:57.

government's interpretation of those conclusions. Isn't it true that the

:58:58.:59:03.

conclusions they've reached could be an active with minimal impact on the

:59:04.:59:07.

consumers of water and sewerage services and therefore why the

:59:08.:59:11.

reservation. I want to talk specifically about the issue of

:59:12.:59:16.

teachers pay and conditions. I was a teacher before coming to this place,

:59:17.:59:20.

I taught in England, I talked in the great county of Powys. It was a

:59:21.:59:31.

seamless move across the border from England into Wales. I was able to

:59:32.:59:43.

benefit from a move along the same teaching pay spine. I had a bit of a

:59:44.:59:48.

promotion. I could move across the same pay spine with the same

:59:49.:59:50.

conditions. That may well be to some Not to infuriate my friends there

:59:51.:00:02.

but I remain a proud member of the NASUWT and I pay my subs regularly.

:00:03.:00:07.

A case one might suggest for retaining the status quo but as silk

:00:08.:00:12.

acknowledged, it is now getting a bit dated but it was relevant then

:00:13.:00:22.

and now, should as Silk acknowledged that teachers pay and conditions are

:00:23.:00:25.

an integral part of the system and should be closely related to the

:00:26.:00:30.

devolved function. Time has moved on. England and Welsh education

:00:31.:00:35.

systems as the honourable member for Newport West said, I think we might

:00:36.:00:39.

have had the same brief from the same source but it is valid so I

:00:40.:00:43.

will repeat, priorities in Wales are different. The national pay systems

:00:44.:00:49.

and structures were established to support the different employment

:00:50.:00:55.

model. In England we take England as an entity, there is not consistency

:00:56.:00:59.

even in England with the Academy eyes nation of schools not requiring

:01:00.:01:03.

the same compliance with the School teachers pay and conditions

:01:04.:01:09.

documents. We operate different confessional registration standards.

:01:10.:01:13.

There is still teaching Council for Wales, I still send off my ?35 per

:01:14.:01:17.

year to be a member of the teaching for Wales. The teaching Council for

:01:18.:01:24.

England no longer exists. Additionally the freedom not to

:01:25.:01:27.

comply with the same professional registration standards to work in

:01:28.:01:31.

academies in England does not operate in Welsh maintained schools,

:01:32.:01:34.

and that means that when the school teachers review body reports every

:01:35.:01:38.

year, it reports on different things. It reflects a different

:01:39.:01:44.

context, one not relevant to Wales. We need to recognise this. Changing

:01:45.:01:50.

policy in England means that the school teachers review body is

:01:51.:01:54.

diminishing in relation to Wales. Welsh ministers need to have the

:01:55.:02:00.

capacity and very occasionally to have brief opportunities to talk

:02:01.:02:03.

about the delivery of policy. As a former teacher I suppose I shouldn't

:02:04.:02:08.

be aligned now with the great Kirsty Williams, my colleagues, to deliver

:02:09.:02:13.

these matters. I would just say practical problems like the

:02:14.:02:18.

difficulty to recruit headteachers in rural Wales is a really valid

:02:19.:02:26.

problem. It keeps staff in rural schools is a challenge. With the

:02:27.:02:33.

powers they can address some of these concerns should sufficient

:02:34.:02:39.

resources go to Wales. Silk was clear, teachers pay and conditions

:02:40.:02:44.

must be devolved. Pensions of course stay here. So that's why removing

:02:45.:02:53.

reservation and nine from amendment 115 is so important. Two other

:02:54.:02:59.

things, tucked away, for those who have read the bill from cover to

:03:00.:03:06.

cover, in section and four, is the reservation of time. Time will be

:03:07.:03:11.

reserved to this place. The capacity of the assembly government not to

:03:12.:03:15.

change timescales come a time zones, the calendar, the date of Easter,

:03:16.:03:21.

subject matter of the summertime act of 1972, as if there was ever a call

:03:22.:03:29.

to change those things. Tucked in M4 also refers to bank holiday. The

:03:30.:03:36.

house may recall or not recall, the attendance was not that great on

:03:37.:03:40.

Saint Davids Day this year, I did secure a ten minute rule Bill on the

:03:41.:03:44.

issue of devolving responsibility for bank holidays to the National

:03:45.:03:52.

Assembly. I've exchanged views with most members of the house on that

:03:53.:03:56.

issue, not least the under Secretary of State. We had a Westminster Hall

:03:57.:04:02.

debate on the subject sometime. And the views are different. There will

:04:03.:04:05.

be a spirited debate. But the essential principle is that the

:04:06.:04:10.

designation of Saint David stay as a bank holiday should not be the

:04:11.:04:14.

matter of us here, it should be the matter of our colleagues in the

:04:15.:04:21.

assembly and at varying times we now have five parties unfortunately in

:04:22.:04:23.

the National Assembly come in there used to be four. The four parties,

:04:24.:04:30.

Liberal Democrat, Conservative, Labour, Plaid Cymru have all

:04:31.:04:32.

endorsed the call for the assembly to have that power. I will give way.

:04:33.:04:40.

As a matter of pure interest could he say which of the current bank

:04:41.:04:43.

holidays he would propose to dispense with in order to create one

:04:44.:04:48.

on Saint Davids Day? I remember him making the point in a previous

:04:49.:04:53.

Westminster Hall debate. I'm not going to make that judgment. That is

:04:54.:04:56.

a judgment for the National Assembly. My regret is that when the

:04:57.:05:02.

Minister of State organised when he answered the debate I had, he

:05:03.:05:04.

organised into review into these matters. The results of that review

:05:05.:05:10.

were parked in the long grass, the proverbial long grass, and this is a

:05:11.:05:16.

matter for the National Assembly, not a matter for he or I sitting on

:05:17.:05:20.

the screen ventures, it is a matter for our colleagues and friends. On

:05:21.:05:27.

the last occasion this was considered, any change to bank

:05:28.:05:30.

holidays proved deeply unpopular to the tourist industry in Wales. We

:05:31.:05:35.

are now digging into the depths of the argument. I have made my

:05:36.:05:40.

position clear. Let the tourist authority make represented regions

:05:41.:05:46.

in Cardiff. Let's not sit here, Viceroy light, dictating things to

:05:47.:05:50.

the National Assembly. Let the National Assembly make that

:05:51.:05:53.

decision, have that discussion with the tourist operatives, have the

:05:54.:05:57.

Minister for tourism engaged in the discussion, not the right gentleman

:05:58.:06:02.

and I making the decision. That's what devolution meals. I want to

:06:03.:06:10.

talk about Silk. Silk said matters of crime prevention should be

:06:11.:06:16.

devolved. I have to say I don't know whether the Chatham House rules

:06:17.:06:20.

applied in the discussions we had, but I will just described the shock,

:06:21.:06:28.

genuine shock and English when we reported back to our colleagues in

:06:29.:06:32.

the national assembly. Sitting there in an office they have never been

:06:33.:06:35.

to, where big board meetings happen somewhere in this house, shock and

:06:36.:06:42.

dismay that matters of youth justice, as recommended by the Silk

:06:43.:06:46.

commission, were not followed through in the Saint David stay

:06:47.:06:49.

document. I understand the government have got to this

:06:50.:06:53.

position, I understand how, when they talk to their colleagues in the

:06:54.:06:58.

Ministry of Justice, but this still does not negate the case of all

:06:59.:07:04.

issues, youth justice, and between education and skills, health, as

:07:05.:07:10.

part of rehabilitation, that they were not followed forward in a

:07:11.:07:16.

devolutionary way. On that note I will conclude my remarks. Such was

:07:17.:07:19.

the list of reservations, we could have gone on for hours and hours and

:07:20.:07:24.

hours. I hope the minister when he responds will briefly answer some of

:07:25.:07:28.

the concerns which many of us still have about this particular list of

:07:29.:07:33.

reservations, slightly shortened though it is. There are a lot of

:07:34.:07:43.

things one could talk about, about this bill. I think we know that

:07:44.:07:48.

because at some time or another most of us have spoken about them. So I'm

:07:49.:07:53.

going to just concentrate on one particular area, and one particular

:07:54.:08:02.

amendment, namely amendment 123, which is in the name of my

:08:03.:08:06.

honourable friend the shadow Secretary of State and my party

:08:07.:08:12.

concerning the devolving of licensing of the provision of

:08:13.:08:14.

entertainment and late-night refreshments. And the sale and

:08:15.:08:23.

supply of alcohol. And indeed my honourable friend mentioned this

:08:24.:08:30.

point in his earlier remarks. He is also of course a great scholar of

:08:31.:08:34.

Welsh history, so there is one thing I'm rather surprised he didn't

:08:35.:08:37.

mention which is that the first Wales only legislation came with the

:08:38.:08:46.

Sunday closing Wales act 1881. So there is a real sense of history, I

:08:47.:08:52.

suppose, to this amendment as well. I think most of us would agree that

:08:53.:08:57.

it makes perfect sense to devolved these provisions to the assembly 's

:08:58.:09:04.

legislative competence. And I for one strongly support this amendment.

:09:05.:09:13.

I think that there needs to be a greater debate on this whole

:09:14.:09:18.

subject. Because I think we have to recognise that there are issues now

:09:19.:09:23.

connected with alcohol abuse in its very contemporary fashion that links

:09:24.:09:29.

this whole area with health services as well as with local government

:09:30.:09:37.

services. Because we are not indeed in the days of the 1881 act, nor are

:09:38.:09:42.

we in the days following that very long period where different areas of

:09:43.:09:48.

Wales voted if they were to be wet or if they were to be dry, and in

:09:49.:09:54.

many cases of the dry areas that meant people just driving a little

:09:55.:09:58.

further along the lines to get to a wet area. But what we are dealing

:09:59.:10:04.

with of course is a real problem of alcohol abuse. We are dealing with

:10:05.:10:12.

the very real problem of preloading in many of our communities. Where

:10:13.:10:17.

years ago, of course, the Welsh temperance movement, people would

:10:18.:10:25.

often decry other cultures. They'd say, fancy the French, they gave

:10:26.:10:29.

wine to their children. Well in reality of course what we see in

:10:30.:10:36.

many of those continental cultures is a sense where alcohol and food go

:10:37.:10:40.

together, have always come together, in a very natural way. That is not

:10:41.:10:46.

the case in the whole debate around preloading. And I think it's one we

:10:47.:10:52.

need to think about very, very seriously indeed. We also need to

:10:53.:10:59.

look at this in terms of our rural areas. I'm sure all of us would take

:11:00.:11:07.

very serious issues related to drink or drug driving. As those of others

:11:08.:11:14.

who relate rural and semirural areas with no through conversations with

:11:15.:11:20.

our constituents and others, there is still a sense by which some

:11:21.:11:25.

people take chances on those country roads, drive above the legal limit.

:11:26.:11:32.

I appreciate the culture has improved in many ways to the better

:11:33.:11:36.

for that and there are fewer people who do this but this is still a

:11:37.:11:40.

problem in many of our rural communities, and quite frankly if

:11:41.:11:46.

want is in a car the other side of the road to a drink-driver on those

:11:47.:11:49.

narrow single lens I think the chances of survival are fairly low.

:11:50.:11:56.

So I welcome the fact that by devolving these particular powers,

:11:57.:12:02.

they will come close in terms of how we look at health, in terms of how

:12:03.:12:09.

we look at social care and in terms of how we look at local government

:12:10.:12:13.

provision. Because there are problems today connected without the

:12:14.:12:21.

whole and drug abuse. And I don't wish to sound like someone from the

:12:22.:12:25.

1881 Bill committee, because I think many of us welcome wine, we welcome

:12:26.:12:33.

real ale, we welcome the conviviality that food and drink

:12:34.:12:38.

provide. But what we don't welcome is alcohol or drug abuse. And what

:12:39.:12:44.

we do welcome is sensible devolved provisions that will make tackling

:12:45.:12:52.

those problems easier. Thank you, it is a pleasure to welcome you to the

:12:53.:12:59.

chair. And to respond to many of the comments that have been made in

:13:00.:13:03.

relation to the amendments that have been debated thus far in this

:13:04.:13:07.

grouping. I want to underline the comments and points that have been

:13:08.:13:10.

made about the Welsh football team and congratulate those as the Prime

:13:11.:13:14.

Minister will have done before now but it is a pleasure for me to do so

:13:15.:13:18.

as the Secretary of State for where is. The first group in this

:13:19.:13:21.

afternoon goes to the heart of the new devolution settlement for Wales.

:13:22.:13:26.

This bill will put in place was very and schedule one and two in new

:13:27.:13:32.

sections 108 a and new schedules seven A and seven B respectively

:13:33.:13:37.

into the government of Wales act 2006 to provide for a preserved

:13:38.:13:42.

powers model of Welsh devolution. It devolves significant new powers and

:13:43.:13:45.

will enable the Welsh government and assembly members to legislate on the

:13:46.:13:50.

things that really matter to Wales. I will start with clause three which

:13:51.:13:55.

sets out the parameters on the legislative competence of the

:13:56.:13:57.

assembly and the reserve powers model. An act of the assembly will

:13:58.:14:03.

be outside competence and therefore not law if it falls foul of any one

:14:04.:14:07.

of the five tests set out in subsection 28 E of the new section

:14:08.:14:15.

108 a. I would first say something about how each of these tests is

:14:16.:14:20.

intended to work before I turn to the proposed amendments to the

:14:21.:14:25.

clause. The five tests are separate and independent assessments, each of

:14:26.:14:29.

which must be satisfied for the provision to be with incompetence.

:14:30.:14:36.

The first test is, if an assembly act provision cannot form part of

:14:37.:14:39.

the legal jurisdiction other than that of England and Wales. We

:14:40.:14:42.

debated many of those issues on the first day of committee. Test to is

:14:43.:14:48.

that an assembly act provision cannot apply otherwise than in

:14:49.:14:51.

relation to Wales. There is an exception to this prohibition in

:14:52.:14:58.

section 108 a three, an assembly act provision can only apply beyond

:14:59.:15:03.

Wales where it is ancillary to a provision that is within the

:15:04.:15:06.

competence and there is no greater effect beyond Wales than is

:15:07.:15:09.

necessary to give effect to that provision. It is worth noting that

:15:10.:15:15.

we have used ancillary as shorthand for the assembly putts existing

:15:16.:15:18.

enforcement and consequential powers under section 105 eight for the

:15:19.:15:22.

government of Wales act. In the context of the draft Wales

:15:23.:15:32.

Bill, there was much debate around the words the necessity test.

:15:33.:15:36.

However let me be clear that necessary does not mean that there

:15:37.:15:42.

would only ever be one option that would satisfy this test. There could

:15:43.:15:46.

be a number of different options, all of which achieve the same policy

:15:47.:15:51.

objective and all of which could satisfy the requirement not to have

:15:52.:15:54.

effects beyond Wales that are more than necessary. Test three is an

:15:55.:16:03.

Assembly act provision, must not relate to a reserved matter. The

:16:04.:16:10.

question of whether an Assembly act provision relates to a reserved

:16:11.:16:15.

matter, if it is a reserved matter, is to be interpreted by reference

:16:16.:16:23.

for the... Having regards to the circumstances set out in section 108

:16:24.:16:34.

a" six". It has become known as the purpose test. Let me explain for all

:16:35.:16:38.

of those technical issues I have tried to highlight. Although the

:16:39.:16:42.

policy documents that give rise to an Assembly Bill may be relevant in

:16:43.:16:46.

determining its purpose, the essential question is what the bill

:16:47.:16:50.

provision is seeking to which Eve and what effect the provision has in

:16:51.:16:55.

legal, practical and policy terms. In other words, it will not be

:16:56.:17:00.

enough for the Welsh government simply to assert the purpose of a

:17:01.:17:04.

provision. Why it has been enacted and what it does is what's really

:17:05.:17:08.

relevant in determining the purpose and ultimately whether an Assembly

:17:09.:17:15.

act provision is within the Assembly's register of competence.

:17:16.:17:19.

Test for is that an Assembly act provision must not breach any of the

:17:20.:17:30.

restrictions in schedule. Finally test five is the requirement that

:17:31.:17:35.

the Assembly act provision must comply within the European

:17:36.:17:38.

Convention of human rights and is within EU law. These five tests

:17:39.:17:44.

represent clear, proportionate and reasonable parameters on the

:17:45.:17:48.

Assembly's legislative competence. It was important I made such points

:17:49.:17:52.

on the record. Moving to the Assembly competence. I appreciate

:17:53.:18:00.

the honourable gentleman has listed a number of tests but would he not

:18:01.:18:06.

agree that fit each of these reservations that we should see how

:18:07.:18:09.

these reservations applied to which area. I'll cover many of those

:18:10.:18:17.

points as we propose but I've sought to underline the importance of those

:18:18.:18:21.

tests because they are so fundamental to the reserve powers

:18:22.:18:25.

model. Equally fundamental will be the reservations which I know the

:18:26.:18:29.

honourable lady raised a significant number of and as I make further

:18:30.:18:33.

progress I will cover many of those points that she made and will invite

:18:34.:18:38.

her to intervene at that time. Through amendments 188, 189 and 148,

:18:39.:18:53.

and Plaid Cymru through amendments 149-148. They are seeking to broaden

:18:54.:18:58.

the Assembly's competence by enabling the Assembly to legislate

:18:59.:19:01.

in relation to reserved matters so long as the provision is about a

:19:02.:19:07.

devolved matter. These amendments would drive a coach and horses

:19:08.:19:10.

through the key principle underpinning the new model. A clear

:19:11.:19:16.

boundary between what is devolved and what is reserved. It would give

:19:17.:19:21.

the Assembly the power to change reserved matters such as the justice

:19:22.:19:25.

system, provided only that it had some connection to devolved

:19:26.:19:32.

provision was established. They are simply not needed. We want to ensure

:19:33.:19:36.

the Assembly can enforce its legislation. We provide for this in

:19:37.:19:44.

schedule 7b by enabling the Assembly on certain matters. This insures the

:19:45.:19:50.

Assembly's devolved provision can be enforced without compromising the

:19:51.:19:59.

reserved matters. Returning to schedule 7a. These matters must be

:20:00.:20:06.

seen through the prism of the purpose test. A reservation is a six

:20:07.:20:12.

linked description of the subject area covered. It includes reserved

:20:13.:20:15.

authorities carrying out functions related to that subject and crewman

:20:16.:20:19.

or offences relating to that subject. The general reservations in

:20:20.:20:24.

part one of the new schedule reserve the fundamental tenets of the

:20:25.:20:30.

Constitution. The Crown, civil service, defence, Armed Forces,

:20:31.:20:33.

regulation of political parties and foreign affairs. As a single legal

:20:34.:20:38.

jurisdiction operates in England and Wales, were reserved matters such as

:20:39.:20:42.

courts and the non-devolved tribunal 's, judges in civil and criminal

:20:43.:20:48.

proceedings and also those are included. However we have made

:20:49.:20:52.

appropriate exceptions to these reservations to enable the Assembly

:20:53.:20:56.

to exercised devolved functions. For example the Assembly can provide

:20:57.:21:03.

appeals from devolved tribunal is to the reserved tribunal 's. Amendments

:21:04.:21:09.

six tabled by Plaid Cymru six to modify these core reservations by

:21:10.:21:13.

allowing the Assembly to consolidate the constitutional arrangement for

:21:14.:21:18.

Wales. It must be a fundamental and support that the UK constitutional

:21:19.:21:22.

arrangements including parliaments ability to devolve its own power was

:21:23.:21:27.

surely must be reserved. We have a constitutional settlement for Wales,

:21:28.:21:35.

and amendments six is not necessary. Part two lists specific

:21:36.:21:39.

reservations. We want there to be no doubt where the boundary of the

:21:40.:21:44.

Assembly's legislative competence lies. The reason the list is lengthy

:21:45.:21:49.

is because it is quite specific in its reservations and also provides

:21:50.:21:56.

exception to those reservations. Previously there were some broad

:21:57.:21:58.

headlines in the draft but the current bill is far more specific

:21:59.:22:04.

which necessitates further detail in terms of the pages and clauses

:22:05.:22:13.

included. In the interests of transparency, he has been challenged

:22:14.:22:16.

on many of these reservations this afternoon. Before we get to the

:22:17.:22:23.

remaining stages, will he commit to publishing a document by his office

:22:24.:22:28.

outlining why each reservation has been made? The honourable member is

:22:29.:22:38.

aware that I have open style where I'm happy to maintain a dialogue and

:22:39.:22:42.

work both with all opposition parties here as well as with the

:22:43.:22:46.

Welsh government in seeking to come to an accommodation. But there are

:22:47.:22:52.

some areas, for example hovercraft is have been highlighted. That

:22:53.:22:55.

reservation is in relation to technical standards and is a

:22:56.:23:03.

distinct class of transport. Whereas it might be seen as something for

:23:04.:23:07.

which on the face of it might be seen that what is the purpose of a

:23:08.:23:11.

reservation, often there are technical issues well beyond that. I

:23:12.:23:16.

would happily continue a dialogue in that respect as we continue to do

:23:17.:23:23.

with the Welsh government. Will you consider breaking the pattern we've

:23:24.:23:28.

had that we pass Wales Bill and they come back five years later and tried

:23:29.:23:33.

to undo the damage we've done with the previous bills. And except in

:23:34.:23:36.

the spirit the unanimity on this side of the House pointing out many

:23:37.:23:46.

of these reservations. Just to take one, the one on dangerous dogs. If

:23:47.:23:50.

there's any issue on which this Parliament has proved its

:23:51.:23:55.

legislative incompetence over the years it was the Dangerous Dogs Act,

:23:56.:24:01.

which is an example of how not to legislate. Wales could do better,

:24:02.:24:05.

perhaps. The honourable member is well aware that 90% of the Welsh

:24:06.:24:09.

population lives within 50 miles of the boundary of England and Wales.

:24:10.:24:16.

And clearly there are some reservations that sensible in order

:24:17.:24:20.

to walk the dog across the boundaries and could lead to some

:24:21.:24:24.

significant complications. I'm happy to maintain the dialogue in these

:24:25.:24:32.

areas. The honourable member raised that example but I'm happy to

:24:33.:24:36.

continue the dialogue and in response to the one he highlighted.

:24:37.:24:42.

You wouldn't believe it but the vast majority of reservations are not

:24:43.:24:45.

contentious and they simply reflect those areas of policy which are best

:24:46.:24:49.

legislated on a Wales basis or at a UK level and they reflect the

:24:50.:24:55.

further powers being devolved within this bill. Constructive discussions

:24:56.:25:00.

on the reservations will continue and happily with opposition members.

:25:01.:25:03.

I recognise some reservations reflect the difference in policy

:25:04.:25:07.

between us. Some others are subject to further detailed discussions

:25:08.:25:13.

which I'm happy to continue. In the context of the purpose test, the

:25:14.:25:17.

list of reservations before us today will ensure greater clarity and

:25:18.:25:20.

certainty in determining what is with incompetence of the Assembly

:25:21.:25:25.

and what is not. Turning now to the amendments in schedule one, give way

:25:26.:25:36.

quickly. The Secretary of State with a flourish and extreme confidence

:25:37.:25:39.

says the list of reservations are sensible. If so why is he so

:25:40.:25:43.

reticent about publishing his reasoning? He asserts but he doesn't

:25:44.:25:49.

explain. Mr Speaker the honourable member would know that I'm happy to

:25:50.:25:56.

continue an open dialogue. That is the style I have sought to take and

:25:57.:26:01.

build on that set by my predecessor. And I hope he will want to continue

:26:02.:26:04.

working in such an open and constructive way. I'd like to make

:26:05.:26:11.

further progress now if I can. There is a whole host of amendments in

:26:12.:26:16.

relation to justice and policing. The St David's Day process found no

:26:17.:26:20.

consensus to devolve the criminal justice system to Wales. The

:26:21.:26:24.

government gave the clear manifesto commitment that policing and

:26:25.:26:27.

criminal justice will remain reserved. In our first day of

:26:28.:26:31.

committee last week I made clear that the government's commitment to

:26:32.:26:34.

maintain the single legal jurisdiction of England and Wales.

:26:35.:26:42.

Crime, public order and policing our inextricably linked to the criminal

:26:43.:26:46.

justice system. They are linked to the criminal Justice board of Wales

:26:47.:26:53.

which includes provision extending to policing provision and the Noms

:26:54.:27:04.

functions are also in dialogue with the worst government. They seek to

:27:05.:27:10.

remove the reservations the late-night entertainment and alcohol

:27:11.:27:13.

licensing respectively. There was much debate within the grouping

:27:14.:27:17.

surrounding this. The government considers both subjects to be

:27:18.:27:21.

closely connected to policing and maintaining public order. Given that

:27:22.:27:26.

policing and criminal justice remain reserved, late-night entertainment

:27:27.:27:29.

and alcohol licensing should also be reserved along the same principle

:27:30.:27:37.

that has been established. Amendment 155 seeks to reserve the Crown

:27:38.:27:40.

Prosecution Service rather than prosecutors in the general

:27:41.:27:45.

reservation of a single legal jurisdiction. There is no intention

:27:46.:27:51.

to prevent the Assembly specifying devolved prosecutors the devolved

:27:52.:27:55.

offences in the legislation. The reservation of prosecutors would not

:27:56.:27:58.

prevent the Assembly from legislating to make for example

:27:59.:28:01.

local authorities as is already highlighted. From being the

:28:02.:28:07.

prosecuting authority for particular devolved offences. I agree however

:28:08.:28:10.

with the underlying policy intention of the amendment and will consider

:28:11.:28:15.

further ahead of this report stage whether the reservation of

:28:16.:28:21.

prosecutors should be modified. I'm happy to return at that stage.

:28:22.:28:25.

Government amendments 53 and 58 tabled in my name seek to put Wales

:28:26.:28:29.

in the same position as Scotland in respect of reservations C five. The

:28:30.:28:37.

reservation reserves prohibition and regulation of imports and exports

:28:38.:28:41.

into and out of the United Kingdom. It does however allow the Assembly

:28:42.:28:44.

to control movement of certain things such as plants, animals,

:28:45.:28:50.

feeds and fertilisers has specified purposes. The amendment seeks to put

:28:51.:28:53.

the Assembly in the same position as the Scottish Parliament by extending

:28:54.:28:57.

its competence to regulate movement of these things both within Wales

:28:58.:29:04.

and into and out of Wales. There has been a significant attention given

:29:05.:29:07.

to transport reservations, the number of which amendments had been

:29:08.:29:10.

tabled by both Plaid Cymru and the Labour Party. The transport

:29:11.:29:15.

reservations have been subject to close scrutiny in the draft bill

:29:16.:29:21.

stage and there is a basis for which the devolved railway services,

:29:22.:29:24.

coastguard services, all aspects of road transport, as the honourable

:29:25.:29:31.

member proposes. It's not what the Silk Commission recommended and my

:29:32.:29:36.

focus has been on delivering powers for a purpose. The amendments will

:29:37.:29:38.

so seek to remove the reservation of reserved trust ports for which there

:29:39.:29:44.

was further debate. The bill devolves responsibility for all

:29:45.:29:48.

ports in Wales other than that of the largest significant ports. It

:29:49.:29:57.

applies a threshold in order and I'm consequence Milford Haven is

:29:58.:29:59.

expected to be the sole reserve trust port in Wales.

:30:00.:30:03.

Milford Haven is one of the UK's largest leading energy ports. It

:30:04.:30:12.

imports around 62% of the nations liquefied natural gas passing

:30:13.:30:14.

through it. It plays a crucial national role in securing the nation

:30:15.:30:19.

's energy supplies. It is right that there should be a reserved trust

:30:20.:30:24.

port. It is in the interests of the United Kingdom and in the interest

:30:25.:30:29.

of Wales. Amendment 161 table by my right honourable friend seeks to the

:30:30.:30:36.

other direction by reserving speed limits and road traffic signs.

:30:37.:30:41.

Devolving speed limits was a Silk recommendation on which there is

:30:42.:30:45.

consensus under the same David Stade process to implement and proceed.

:30:46.:30:50.

Traffic signs are default in Scotland following the Smith

:30:51.:30:54.

agreement and given the assembly and Welsh ministers wider competence in

:30:55.:30:58.

relation to highways and transport matters it is sensible to devolve

:30:59.:31:02.

responsibility for them and Wales. I would also underline and I will give

:31:03.:31:09.

way. He mentioned the Silk recommendations but he will recall I

:31:10.:31:12.

asked for the rationale, I wonder if he could explain it, please. I am

:31:13.:31:17.

happy to explain that given that local authorities are ready have the

:31:18.:31:24.

power to vary speed limits, it is illogical, sensible extension in

:31:25.:31:26.

order to give further powers to the Welsh government in this area. Mr

:31:27.:31:33.

Hoyle, time does not permit me to address in detail all the remaining

:31:34.:31:38.

amendments but that is in part because honourable members from

:31:39.:31:41.

Plaid Cymru seem to be seeking the devolution of just about everything

:31:42.:31:44.

and reversing the principles on which this bill is based. I'm

:31:45.:31:51.

seeking to pursue a promote that take practical approach as we seek

:31:52.:31:57.

to amend this bill further. So I reject the honourable members

:31:58.:32:05.

amendments to devolve Sunday trading, the generation,

:32:06.:32:07.

transmission, distribution and supply of electricity, of coal, of

:32:08.:32:11.

heat and cooling networks, energy conservation, working age benefits,

:32:12.:32:17.

child benefits, Guardian 's allowance, employment relations,

:32:18.:32:21.

employment support programmes, abortion, health and safety,

:32:22.:32:24.

broadcasting, equal opportunities, bank holidays and the children's

:32:25.:32:30.

Commissioner. Amendment 124 tabled by the Labour Party, tabled in the

:32:31.:32:35.

name of the honourable member for Newport West seeks to carve out from

:32:36.:32:39.

the employment reservation terms and conditions of employment in relation

:32:40.:32:43.

to Wales public authorities. The government believes strongly the

:32:44.:32:50.

underlying legislation in the workplace must be reserved in order

:32:51.:32:54.

for the labour market to work most effectively across Great Britain. I

:32:55.:32:59.

will give way. Does the Secretary of State not accept, though, that is

:33:00.:33:02.

one of the ministers told me join the passage of the trade union Bill,

:33:03.:33:05.

that the reserve powers granted under the act allow any minister in

:33:06.:33:10.

the UK Government to effectively undermine a partnership or

:33:11.:33:14.

industrial relations decision that is made by a Welsh Minister in their

:33:15.:33:19.

running of the Welsh NHS or the education service for example? The

:33:20.:33:23.

honourable member will be familiar with the background to the

:33:24.:33:29.

legislation of the 2006 act that this bill seeks to extend further on

:33:30.:33:33.

the 2006 act in relation to employment rights, because there was

:33:34.:33:40.

no intention in that act in order to devolve those purposes and we are

:33:41.:33:43.

continuing the principle that was well established by his party when

:33:44.:33:47.

they were in government. Turning to amendments in a further three areas.

:33:48.:33:52.

First in relation to Amendment 88 tabled by the Plaid Cymru.

:33:53.:34:00.

Amendments 127 and 129 and new clause ten. The government is

:34:01.:34:03.

considering the inclusion of the joint governments programme board in

:34:04.:34:06.

relation to the temporary macro recommendations on water and sewage.

:34:07.:34:10.

It was only a couple of weeks ago in which the joint committee reported,

:34:11.:34:15.

and it's only appropriate that the government give proper full

:34:16.:34:17.

consideration to that report, but I hope that we can find a consensus

:34:18.:34:21.

between the Welsh government and between the parties opposite on a

:34:22.:34:26.

way forward, but there are a whole range of technical issues that need

:34:27.:34:29.

further consideration. In response to Amendment 107, I can assure the

:34:30.:34:36.

honourable member that the assembly will have the competence to Burgess

:34:37.:34:41.

late in relation to how party electoral broadcasts at assembly and

:34:42.:34:44.

local elections in Wales are concerned. Party political

:34:45.:34:47.

broadcasts are considered to be part of the conduct of elections and

:34:48.:34:53.

there is no reason, no need to modify the broadcasting reservation

:34:54.:34:58.

to achieve this. And third on Amendment 115 relating to teachers

:34:59.:35:02.

pay, in principle I am in favour of devolving teachers pay and

:35:03.:35:05.

conditions but there is a case for further discussions between the UK

:35:06.:35:08.

Government and the Welsh government on how this can best be achieved.

:35:09.:35:14.

Finally new clause one, consequential amendments to seeks to

:35:15.:35:16.

devolve management functions of the Crown estate and commissioners in

:35:17.:35:20.

relation to Wales and to the Welsh ministers. Or a person nominated by

:35:21.:35:29.

them. Further to the provision of the Scotland act 2016. The

:35:30.:35:32.

devolution of the Crown estate in Scotland was recommended by

:35:33.:35:35.

cross-party consensus of the Smith agreement. However as honourable

:35:36.:35:40.

members opposite note the Saint Davids Day process found no similar

:35:41.:35:45.

consensus in respect Wales. So turning now to new schedule seven B,

:35:46.:35:49.

paragraph one preventing assembly act from modifying the law on

:35:50.:35:52.

reserved matters. Paragraph to provide flexibility for the assembly

:35:53.:35:58.

act provision to be able to modify the law on reserved matters where

:35:59.:36:01.

doing so is an ciliary to a provision that does not relate to a

:36:02.:36:04.

reserved matter and there is no greater effect on reserved matters

:36:05.:36:08.

than is necessary to give effect than the purpose of the provision.

:36:09.:36:14.

The restriction relating to the private law in paragraph three

:36:15.:36:16.

together with the restriction concerning the criminal law in

:36:17.:36:21.

paragraph four are intended to provide a general level of

:36:22.:36:23.

protection for the unified legal system of England and Wales whilst

:36:24.:36:28.

enabling the assembly to enforce its legislation. The protected areas of

:36:29.:36:32.

private law include core subjects like the law of contract and

:36:33.:36:37.

property, however the assembly is given powers to modify the private

:36:38.:36:40.

law with the purpose of doing so does not relate to a reserved

:36:41.:36:46.

matter. Importantly the assembly is not permitted to modify the private

:36:47.:36:50.

law for its own sake, and could not make wholesale changes to the

:36:51.:36:55.

private law for example wholesale rewriting of contract law. Any

:36:56.:36:59.

modification of the private law, must be through a range of devolved

:37:00.:37:04.

purposes. Now on the criminal law side in paragraph four, the serious

:37:05.:37:10.

offences protected from modification include treason, homicide offences,

:37:11.:37:14.

sexual offences and serious offences against the Person. It's right that

:37:15.:37:17.

the serious offences remain consistent across the UK. In

:37:18.:37:22.

addition the assembly will not be able to alter the law that governs

:37:23.:37:26.

the existing framework of criminal law since the capacity to commit

:37:27.:37:32.

crimes and sentencing. I am conscious that there have been a

:37:33.:37:35.

whole host of issues that have been raised so I will move to conclude

:37:36.:37:42.

and highlight that this has been a full and wide-ranging debate. I hope

:37:43.:37:46.

I've been able to assure the house that these reserved powers model

:37:47.:37:49.

will provide a clear, robust and lasting devolution settlement for

:37:50.:37:55.

Wales. I therefore beg to move clauses three and 28 to 35 and

:37:56.:37:59.

schedules one and two standard part of the bill. I also beg to move the

:38:00.:38:02.

government amendments 53 to 58 standard part of the bill and urge

:38:03.:38:06.

honourable members opposite to withdraw their amendments. Withdraw

:38:07.:38:17.

Amendment 118 and move Amendment 123. 118 be withdrawn. Question is

:38:18.:38:31.

clause three stand part of the bill, as many of that opinion say aye. The

:38:32.:38:44.

ayes have it. The question is the Amendment 83 be made, as many of

:38:45.:38:49.

that opinion say aye. To the contrary know. Division. Clear the

:38:50.:38:51.

lobby. The question is Amendment 83 be

:38:52.:39:50.

made, as many of that opinion say aye. The contrary no.

:39:51.:46:55.

Order, order. The ayes to the right 47. The noes to the left 270. The

:46:56.:50:40.

ayes to the right 47. The noes to the left 270. The noes have it,

:50:41.:50:46.

unlock. We now come to amendment 120 three. -- 123. As many as are of the

:50:47.:50:59.

opinion, say aye. To the contrary, no. Clear the lobbies.

:51:00.:52:22.

Amendment 123 be made... Tell us for the ayes. Jeff Smith and Vicky

:52:23.:52:45.

foxtrot... George Holland B and Julian Smith. The question is that

:52:46.:52:52.

the votes... As many as are of the opinion, say aye. To the contrary,

:52:53.:52:53.

no. Order, order. The ayes to the right,

:52:54.:02:01.

210. The noes to the left 270. The ayes to the right 200 -- 210,

:02:02.:02:35.

the noes to the left have it. Amendments 58 formally. The question

:02:36.:02:45.

is that amendments 53 to 58, as many in the opinion say aye. The ayes

:02:46.:02:51.

have it. Scheduled one amendment being the first scheduled to the

:02:52.:02:57.

bill, as many in favour say aye. To the contrary no. The ayes have it.

:02:58.:03:04.

Scheduled to be the second Amendment to the Bill, as many say aye. The

:03:05.:03:14.

ayes have it. We now come to group two and clause 22 which would be

:03:15.:03:20.

convenient to consider the amendments of clauses listed on the

:03:21.:03:24.

selection paper. Clause 22 stand part of the bill. The Minister.

:03:25.:03:35.

Thank you, it is a pleasure to serve under your chairmanship. I beg to

:03:36.:03:40.

move clauses 22 to 27 stand part of the bill. Close 22 alongside

:03:41.:03:46.

detailed technical provisions devolves all petroleum licensing in

:03:47.:03:50.

Wales to the Welsh ministers fulfilling the Saint Davids Day 's

:03:51.:03:54.

commitments. Clause 23 is necessary to facilitate the smooth transfer of

:03:55.:03:59.

existing onshore licenses. Clause 24 transfers to Welsh ministers

:04:00.:04:03.

regulatory powers in the infrastructure act 2015 deep level

:04:04.:04:10.

below 300 metres for the purpose of exploiting onshore petroleum. The

:04:11.:04:14.

Saint Davids day agreement stated responsibility for speed limit in

:04:15.:04:17.

Wales should be devolved. It also committed the government to consider

:04:18.:04:21.

the Smith agreement to determine which recommendations for Scotland

:04:22.:04:25.

should also apply to Wales. As a result of this work powers over

:04:26.:04:27.

traffic signs including pedestrian crossings will also be devolved.

:04:28.:04:32.

Clause 25 and section B one of schedule one devolve these powers

:04:33.:04:36.

when reserving only powers relating to the exception of vehicles from

:04:37.:04:42.

speed limit and certain traffic signs, for example emergency

:04:43.:04:46.

vehicles attending incidents. Together the courses under schedule

:04:47.:04:50.

have the effect of devolving to the assembly and Welsh ministers

:04:51.:04:51.

legislative and executive competence in respect of substantially all of

:04:52.:04:59.

the provisions which concerned speed limits and traffic signs. This means

:05:00.:05:05.

the assembly will be able to legislate in respect of

:05:06.:05:08.

substantially all aspects of speed limit and traffic signs on all roads

:05:09.:05:13.

in Wales. Close 26 fulfils the Saint Davids Day commitment and implement

:05:14.:05:19.

a recommendation to devolve the registration of bus services or the

:05:20.:05:24.

traffic Commissioner. Devolution of bus registration is achieved by the

:05:25.:05:28.

matter not being listed as a reserved matter within schedule

:05:29.:05:33.

seven A. Clause 26 also gives effect to the devolution of the relevant

:05:34.:05:36.

traffic functions to Welsh ministers. Clause 27 also fulfils

:05:37.:05:41.

the Saint Davids Day commitment and the silk commission recommendation

:05:42.:05:45.

by devolving the regulation of taxi and private hire service vehicles in

:05:46.:05:50.

Wales to Welsh ministers. This condiments the devolution of

:05:51.:05:53.

legislative competence to the assembly for taxes and private hire

:05:54.:05:57.

vehicle licensing in schedule seven A. Taxi and PHP services are

:05:58.:06:04.

currently licensed by local authorities under legislation that

:06:05.:06:07.

covers England and Wales outside of London. Local licensing set their

:06:08.:06:12.

own policies and standards. I therefore beg to move that these

:06:13.:06:22.

clauses stand part of the bill. There is considerable and weighty

:06:23.:06:28.

clauses here that will bring significant benefits to the people

:06:29.:06:32.

of Wales and we are grateful for the improvements that have taken place

:06:33.:06:36.

in the bill as the result of the government accepting the criticisms

:06:37.:06:42.

that were made of the draft Bill. So there is progress and real progress

:06:43.:06:46.

being made. The areas I would like to raise our those involving energy

:06:47.:06:53.

because there is a great opportunity for Wales to become a powerhouse for

:06:54.:06:58.

energy for the whole of the United Kingdom. For so long we have neglect

:06:59.:07:06.

to the vast energy type that sweeps around the Welsh coast at different

:07:07.:07:13.

times of the day providing pulses of energy that could be coupled with

:07:14.:07:23.

demand responsive schemes in order to give completely demand

:07:24.:07:25.

responsibility city. To do it not only cleanly but with renewable

:07:26.:07:30.

powers in an entirely predictable way. The tide will always come in.

:07:31.:07:36.

We have also made huge strides in Wales on hydro schemes in various

:07:37.:07:46.

places. So it is there, the possibility of using the topography

:07:47.:07:51.

of Wales to produce energy has been long neglected but we look at the

:07:52.:07:54.

problems of the Port Talbot steelworks and realise that washing

:07:55.:08:00.

along the shore of the steelworks is the highest rise and fall of tide in

:08:01.:08:07.

the world, and they are in trouble because their energy is so expensive

:08:08.:08:11.

when a source of energy is available at their doorstep, free, British,

:08:12.:08:20.

eternal and absolutely predictable. Clauses 132, and 131 referred to

:08:21.:08:27.

renewable energy schemes. The Welsh government amendments would create a

:08:28.:08:32.

duty on the Secretary of State to consult with ministers before

:08:33.:08:37.

establishing law amending renewable energy incentive scheme in Wales. As

:08:38.:08:43.

drafted the clause excludes the requirement for the Secretary of

:08:44.:08:46.

State to consult in relation to the creation of a levy to fund and

:08:47.:08:52.

incentives scheme. The obligation merely to consult is insufficient in

:08:53.:08:59.

respect of this important matter. The energy act 2013 provides that

:09:00.:09:04.

the Secretary of State must consult Welsh ministers before involving

:09:05.:09:09.

regulations in relation to contracts for difference. This is a concept

:09:10.:09:13.

that is a fairly fresh one but is being used now widely by this

:09:14.:09:21.

government and the previous one. And also needs to be consulted

:09:22.:09:25.

interested parties before issuing a renewable obligation closure order.

:09:26.:09:30.

When the UK Government announced early closure of the ROC for onshore

:09:31.:09:37.

wind in 2015 there was no prior consultation with the Welsh

:09:38.:09:42.

ministers. So we think it's essential that requirement is put on

:09:43.:09:47.

a firmer and clearer fitting as part of establishing an appropriate

:09:48.:09:52.

devolution settlement for energy. The proposed amendment, therefore,

:09:53.:09:55.

provides that the Welsh ministers agreement must be sought to give

:09:56.:10:01.

relationship and help to renewable energy incentive schemes in Wales is

:10:02.:10:06.

a proposed or in the case of existing schemes proposed the change

:10:07.:10:15.

or amendment. We further propose the admission of 46-3 which

:10:16.:10:20.

inappropriately limits that the scope of the responsibility of the

:10:21.:10:23.

Secretary of State to engage constructively with the Welsh

:10:24.:10:25.

ministers, we see no reason and none is offered in the explanatory notes

:10:26.:10:31.

accompanying the bill why that engagement should not extend to

:10:32.:10:36.

consideration of matters relating to levies to find renewable energy

:10:37.:10:51.

incentive schemes. 144 to 145 affect clause 51. Clause 51 of the bill

:10:52.:10:56.

would provide the Secretary of State with powers to make consequential

:10:57.:10:58.

provisions following the enactment of the Wales Bill. This includes

:10:59.:11:03.

powers to amend, repeal, revoke or otherwise modify primary or

:11:04.:11:07.

secondary legislation as he considers appropriate. Affirmative

:11:08.:11:15.

procedure in both houses is produced to wet amendments or appeal of

:11:16.:11:18.

primary legislation is envisaged in any such order. There is however no

:11:19.:11:24.

provision for assembly approval of a draft order which would repeal or

:11:25.:11:28.

modify assembly legislation. Furthermore as the bill is drafted

:11:29.:11:33.

the Secretary of State should propose all modifications in the

:11:34.:11:36.

Acts of Parliament underpinning the Welsh devolution settlement without

:11:37.:11:43.

requiring the assembly's consent or the Parliamentary consent would be

:11:44.:11:47.

needed. Even know if such modifications were contained in a

:11:48.:11:51.

Parliamentary Bill, the assembly's consent would be required. This is

:11:52.:11:57.

wrong in principle. If the Secretary of State wishes to take powers by

:11:58.:12:00.

order to make amendments up to and including repeal to assembly

:12:01.:12:06.

legislation, that should only be possible with the consent of the

:12:07.:12:10.

assembly itself. And if orders are proposed which would make changes to

:12:11.:12:16.

the Parliamentary legislation, establishing the Welsh devolution

:12:17.:12:19.

settlement, they too should require assembly consonant before they can

:12:20.:12:24.

be made. The amendments to the Welsh government has proposed would give

:12:25.:12:28.

effect to these important principles. I welcome the agreement

:12:29.:12:32.

that there is in this house between all parties and it's interesting

:12:33.:12:39.

that Plaid Cymru, introduced a slightly tribal note by attacking

:12:40.:12:46.

Labour for not going to the same length they have done on some of

:12:47.:12:50.

their amendments. I think we've taken a pragmatic view of where the

:12:51.:12:55.

government have made it clear that they are not going to change their

:12:56.:13:00.

minds, what we have tried to do is introduce amendments that might be

:13:01.:13:03.

acceptable to government that were halfway between the two positions,

:13:04.:13:06.

the government position and that taken up by the opposition. It

:13:07.:13:12.

should not be concluded from that that we have shown any lack of

:13:13.:13:15.

enthusiasm for the process of devolution. Plaid Cymru amendment 74

:13:16.:13:22.

on energy limits is an interesting one in that the limits placed on too

:13:23.:13:29.

low. The Welsh government has no powers over schemes that are above

:13:30.:13:37.

350 megawatts. That is a very low-level which will include the

:13:38.:13:44.

tidal lagoon in my honourable friend for Swansea's constituency but it

:13:45.:13:48.

would not include the two tidal lagoons planned for either side of

:13:49.:13:56.

the asked, the Cardiff and Newport sides. As there are enormous

:13:57.:14:00.

possibilities to these two schemes to produce huge amounts of

:14:01.:14:03.

electricity, particularly if they are linked with storage schemes in

:14:04.:14:10.

the valleys. If the pulse of electricity comes in the early hours

:14:11.:14:13.

of the morning when it is not required, the energy can be used to

:14:14.:14:18.

pump the water up to the adjacent hills very close to the shore in

:14:19.:14:24.

Newport, and then drawn down to produce electricity throughout the

:14:25.:14:30.

day. This is a form of energy production that we have long, long

:14:31.:14:34.

neglected. We have ignored the power of the tide and we have used other

:14:35.:14:40.

polluting forms of energy. And we are also under the Rob Lee suited in

:14:41.:14:45.

Wales because of our geography, height, for hydroelectric schemes.

:14:46.:14:52.

-- we are admirably suited. We have three functioning ones already. One

:14:53.:15:00.

is the great battery of the nation. And hugely valued by the National

:15:01.:15:07.

Grid because they know when there are times of peak demand that occur

:15:08.:15:11.

in breaks between television programmes and so on, they can press

:15:12.:15:14.

a button here in London and send the water cascading down a mountain in

:15:15.:15:16.

Wales. These should be in control of the

:15:17.:15:27.

Welsh Assembly. There is the energy, the enthusiasm there, to make Wales

:15:28.:15:34.

the great powerhouse of the United Kingdom with energy that is green,

:15:35.:15:39.

clean, eternal and British. Chris Davies. Thank you. My amendments

:15:40.:15:51.

relate to 158, 159 and 160. As this House knows I have many concerns

:15:52.:15:54.

about this bill and I've stated those clearly. But today, I turned

:15:55.:16:03.

particularly to the matter of the devolving of wind energy to the

:16:04.:16:08.

Welsh Assembly. This is of great concern to the people that I

:16:09.:16:12.

represent in mid-Wales. I'm concerned that to me this is not a

:16:13.:16:20.

common sense approach to energy in this country. I was very concerned

:16:21.:16:25.

to hear the honourable member for Newport West stating that Wales

:16:26.:16:33.

could be the energy centre for Great Britain. Because to the people of

:16:34.:16:37.

mid Wales, that gives them the thought of the whole of mid Wales

:16:38.:16:41.

covered with wind turbines. I'm sure he means other matters and I hope

:16:42.:16:46.

you does. But we have to remember the way Cardiff bail have looked at

:16:47.:16:52.

mid Wales, we are fearful that we are being covered with wind

:16:53.:16:57.

turbines. I would like to see the Secretary of State, and I must say

:16:58.:17:01.

we all have great confidence in him, so I would like to see him have the

:17:02.:17:07.

veto for a UK wide plan to be created that is in the whole

:17:08.:17:15.

national interest. To have powers particular to the Welsh Assembly

:17:16.:17:18.

doesn't fit into the strategic plan of power in Great Britain as a

:17:19.:17:24.

whole. This is the underlying concern. So Cardiff Bay should not

:17:25.:17:29.

just be able to make those points and make the arrangements for Wales,

:17:30.:17:33.

it should be done by Britain as a whole. This veto would also give

:17:34.:17:39.

local people and appeal over the proposal that may not be in the UK

:17:40.:17:45.

wide interest. It would also allow local people to have a say in local

:17:46.:17:52.

decisions. Before coming into this place, I was a county council Npower

:17:53.:18:05.

is county council. -- Npower -- Powys County Council. Powys County

:18:06.:18:15.

Council had to contribute an outlay ?4 million to fight a legal case

:18:16.:18:20.

against the government of the day. That money could have been better

:18:21.:18:30.

spent. As we know, Twenty20 is underutilised -- Powys is

:18:31.:18:32.

underutilised. As I say, I would like to see a veto

:18:33.:18:49.

being granted and being held by the Secretary of State. We have

:18:50.:18:54.

confidence in him and his predecessors and I have no doubt

:18:55.:18:59.

that we will have confidence in future Secretary of State. Let the

:19:00.:19:05.

power stay there. Wales has suffered for centuries the dirt, the

:19:06.:19:12.

pollution, the danger of extracting coal from the ground, while its

:19:13.:19:17.

comfort was enjoyed and the money enjoys throughout the UK. Nobody

:19:18.:19:24.

wants to go back to that. The sources of power I mentioned what

:19:25.:19:32.

hydropower and tidal power. They are not only very good neighbours but

:19:33.:19:37.

also can enhance the landscape by providing lakes and other

:19:38.:19:41.

facilities. Really, he should concentrate on the wider picture and

:19:42.:19:46.

see the possibilities that the Welsh government can develop from this

:19:47.:19:54.

amendment. I agreed to the majority of what the honourable member said

:19:55.:19:57.

but he didn't listen to what I was saying. I am on the specifics of

:19:58.:20:06.

wind energy, not hydro energy. My amendment relates to wind energy

:20:07.:20:10.

only. I ask the Secretary of State to retain a possibility of a veto. I

:20:11.:20:15.

will not be pushing this amendment to the vote this to Chairman. -- Mr

:20:16.:20:22.

Chairman. I would ask the sick or Jewish state to look again.

:20:23.:20:28.

-- I would ask the Secretary of State to look at it again.

:20:29.:20:36.

Can I start by welcoming clause 20 two, 23 and 24 of this bill. If the

:20:37.:20:59.

people of Wales don't want fracking, our government should be able to

:21:00.:21:03.

ensure it doesn't happen. Importantly given at the Welsh

:21:04.:21:07.

government and national Assembly of the whole voted unanimously against

:21:08.:21:11.

fracking in Wales, I hope the Secretary of State 's will work with

:21:12.:21:14.

his Cabinet colleagues to ensure that until this bill passes, the UK

:21:15.:21:20.

honours that unanimous opposition in Wales and make sure that no new

:21:21.:21:26.

licences are issued in Wales. I would hope to have some indication

:21:27.:21:31.

from the Secretary of State or the undersecretary of state that this

:21:32.:21:36.

will be the case. Can I just referred to close 26 which again, I

:21:37.:21:40.

welcome. Sometime ago I had a meeting with the transport for Wales

:21:41.:21:44.

who at that time was based in Birmingham. He was very unhappy that

:21:45.:21:50.

he was transport Commissioner for Wales and pointed out that he worked

:21:51.:21:57.

in Birmingham and lived in Derby some considerable distance. The

:21:58.:22:00.

Welsh affairs committee many years ago called for the traffic

:22:01.:22:06.

Commissioner for Wales to be moved to Cardiff. This provision achieves

:22:07.:22:11.

more than that. Moving on our amendments, da Vinci four and 75 and

:22:12.:22:20.

consequential amendments 76-80, the field of energy. Before I go any

:22:21.:22:25.

further I would happily put a fiver on my guess as to what the Secretary

:22:26.:22:30.

of State has on his notepad in respect of these amendments. I guess

:22:31.:22:36.

he would say that this is what Silk said. I can see him smiling. Of

:22:37.:22:45.

course I understand and accept that the Silk Commission accepted placing

:22:46.:22:49.

these limits on the Welsh government. But let us go back for a

:22:50.:22:53.

moment to the purpose and terms of the Silk Commission. It was set up

:22:54.:22:59.

by the previous Coalition Government with the Conservative Secretary of

:23:00.:23:03.

State for Wales. It consisted of one nominee from each of the four main

:23:04.:23:09.

parties at the time. Including the Secretary of State's own party and

:23:10.:23:14.

my own along with various experts from the academic field. It

:23:15.:23:17.

consulted extensively with the political parties, experts and the

:23:18.:23:25.

public. It did so and produced to reports. That represented a

:23:26.:23:31.

consensus, not only across political parties but also crucially of the

:23:32.:23:37.

public and experts and civic society in general. With that purpose in

:23:38.:23:41.

mind all for political parties had to compromise and they all did in

:23:42.:23:51.

order to achieve that national consensus. I have to say that this

:23:52.:23:59.

is in some contrast to the St David's Day process in which I took

:24:00.:24:05.

a minor part. And which it seems to me that the Secretary of State at

:24:06.:24:09.

that time handed the veto to each party as to what they wished to

:24:10.:24:15.

reject. A veto which Labour used in full representing and reflecting

:24:16.:24:19.

their current incumbent of the post of Shadow Secretary of State, his

:24:20.:24:28.

stance as a pound unionist. It seems to me that veto extended to

:24:29.:24:31.

Whitehall departments as to which matters they wanted to reserve. I'm

:24:32.:24:36.

still slightly unconvinced about this process as shown in my

:24:37.:24:44.

intervention. I'm grateful to the honourable member forgiving way but

:24:45.:24:51.

can I ask him what example has there been of devolution to Wales in the

:24:52.:24:55.

past where the Secretary of State has really sought to bring about an

:24:56.:25:00.

agreement across the House, across all parties, in terms of getting a

:25:01.:25:04.

pragmatic practical way forward rather than bulldozing one

:25:05.:25:08.

particular model over another? I was glad to take part in the St David's

:25:09.:25:13.

Day process as was my colleague at the time. I think there was a

:25:14.:25:19.

structural deficiency in that process, innovative individual

:25:20.:25:22.

parties wanted to veto a particular matter they could. That's what the

:25:23.:25:30.

process was about. But to my mind at least and from my participation, one

:25:31.:25:37.

party made a meal of that dispensation and vetoed a great

:25:38.:25:40.

deal. That could quite reasonably have gone in. The criticism of the

:25:41.:25:47.

first draft of this bill reflects that, I think. It does not show a

:25:48.:25:53.

great improvement and I'm very happy to pay tribute to him and to his

:25:54.:25:58.

predecessors are achieving that. There's no problem about that at

:25:59.:26:03.

all. Some parties compromised on policing. My party compromised on

:26:04.:26:15.

energy. We have always believed that Wales's national resources should be

:26:16.:26:17.

in the hands of the people of Wales, and it is the people of Wales best

:26:18.:26:22.

place to make decisions about how to put those to use. That is our

:26:23.:26:27.

historic stance. We've never believed in placing a limit on

:26:28.:26:31.

principle above which the people of Wales should no longer have a say.

:26:32.:26:35.

We never thought it was a good idea and never thought it was necessary.

:26:36.:26:42.

We did compromise for the good of the Silk process to ensure good

:26:43.:26:46.

order and good process and we agreed to these arbitrary limits in return

:26:47.:26:54.

for the support of others on policing and non-broadcasting. The

:26:55.:26:57.

Secretary of State has chosen not to follow that particular consensual

:26:58.:27:02.

way and to pick and choose from the Silk Commission. He has chosen to

:27:03.:27:09.

ignore the majority of what Silk had to say. He cannot defend his

:27:10.:27:14.

Westminster grab for power and attack Plaid Cymru bike claiming he

:27:15.:27:18.

is only following their recommendations. We'll see what the

:27:19.:27:23.

Secretary of State has to say about that one. Clause 36 must be

:27:24.:27:27.

understood as it stands. The Secretary of State having voted to

:27:28.:27:31.

give Scotland complete control over national resources with no limits,

:27:32.:27:36.

is proposing to devolve energy in Wales only to a limit of up to 350

:27:37.:27:41.

megawatts. With anything above that limit being devolved to Westminster.

:27:42.:27:48.

I would invite into explain why Scottish national resources should

:27:49.:27:51.

be in the hand of people of Scotland, Wales's resources should

:27:52.:27:56.

be deemed to be the preserve of Westminster over that limit. Can't

:27:57.:27:59.

the people of Wales be trusted with any energy projects over 350

:28:00.:28:05.

megawatts? Do we suffer from a congenital infirmity? If it is 350

:28:06.:28:14.

why isn't it 351? I do know and perhaps the Secretary of State can

:28:15.:28:17.

enlighten us what factual evidence he has to justify that figure. Just

:28:18.:28:22.

to consider the point made by the honourable gentleman the Newport

:28:23.:28:32.

West. When he referred to the Swansea Bay tidal lagoon which would

:28:33.:28:37.

be devolved to Wales, proposals for the Colwyn Bay tidal lagoon and

:28:38.:28:42.

Cardiff Bay tidal lagoon would be reserved for Westminster. What is

:28:43.:28:46.

the reason for that? What practical reasons are there to make such a

:28:47.:28:51.

distinction? Let me refer the House to a further practical example. In

:28:52.:29:00.

my constituency there is a great capacity for hydroelectric power.

:29:01.:29:07.

And we do have the scheme already referred to. A massive scheme which

:29:08.:29:14.

can power Manchester for five hours with the throwing of a switch. It

:29:15.:29:17.

takes eight seconds for the turbines to stop turning, it is annexed on a

:29:18.:29:25.

-- it is an astonishing scheme which is one of the great secrets of Wales

:29:26.:29:29.

intensive energy production. The switch is thrown in Wales and not in

:29:30.:29:45.

London. So, here we have an astonishingly good scheme and the

:29:46.:29:49.

potential for several more. Some of the same scale but some smaller

:29:50.:29:58.

ones. A smaller one proposed, the proposals came to see me and said

:29:59.:30:03.

that they were going to restrict it to 49 megawatts. I asked them why 49

:30:04.:30:08.

megawatts and they said if it was 51 it would then get entangled in the

:30:09.:30:10.

processes down in Whitehall. They are proposing 350. I asked why

:30:11.:30:23.

not 351. They said it would get tangled in the processes down in

:30:24.:30:29.

Whitehall. It is a clear example. If the House will forgive me, I will

:30:30.:30:33.

give another example, which will illustrate when the foot-and-mouth

:30:34.:30:36.

disease was active in Wales. I wrote to the Welsh minister and also to

:30:37.:30:43.

the ministry in DEFRA about the movement of livestock scheme. Got a

:30:44.:30:47.

reply from Cardiff within two days and one in May from London. That is

:30:48.:30:54.

the sort of problem that these people may be struggling with.

:30:55.:30:59.

Anyway, forgive that diversion, I would urge the Secretary of State to

:31:00.:31:03.

reconsider his position on this limit. Unless he comes one a

:31:04.:31:08.

plausible answer, we will seek leave to divide the House on amendment 74.

:31:09.:31:14.

Moving on to other clauses in this group. Clause 38 is of course linked

:31:15.:31:19.

to clause 36, which we are seeking to amend and we disagree with the

:31:20.:31:23.

Government's amendments 47-49, because they seek to add 350

:31:24.:31:27.

megawatts limit to clause 38 as well. I welcome clause 39, which

:31:28.:31:32.

devolves power on-shore wind to Wales. We are not supportive of 16

:31:33.:31:41.

-- 158 to 160. I don't think we need to spend too much time explaining

:31:42.:31:45.

why I think that is an unacceptable proposal. Honourable members with

:31:46.:31:50.

their names to these amendments for the opposition and it is the

:31:51.:31:53.

opposition I respect. I quite understand. But I disagree fund

:31:54.:31:58.

meantally with them. Whilst we welcome clause 46 of the

:31:59.:32:01.

Bill, which requires the Secretary of State to consult with Welsh

:32:02.:32:06.

ministers before establishing or amending a renewable energy scheme,

:32:07.:32:12.

as it relates to Wales, we fully support the amend from the

:32:13.:32:16.

opposition, which reports the Secretary of State should abstain

:32:17.:32:20.

and consults with them. So, if called we would be supporting

:32:21.:32:27.

amendments 130-131 and 1326789 I don't know if that is the intention

:32:28.:32:31.

of the honourable gentleman, but our support will be there. So, clause 48

:32:32.:32:39.

and 49 I welcome. Concerned about amendment 60, which tries to impose

:32:40.:32:46.

this limit of 350 megawatts on the assembly's competence. We welcome

:32:47.:32:51.

clause 22, with road transport, which as I intimated in an earlier

:32:52.:32:56.

intervention, including speed limits and we welcome clauses 26 and 27. We

:32:57.:33:07.

come to clause 28 and amendment 81, which amepds Clause IV 4.

:33:08.:33:15.

Clause IV 4 refers to section 1.4.1 and 1.4.2 of the act. Which gives

:33:16.:33:18.

the Secretary of State for Wales a veto over any acts or measures over

:33:19.:33:24.

the assembly which might have a serious, adverse impact on water

:33:25.:33:28.

quality or supply in England. This has been referred to in the earlier

:33:29.:33:33.

debate. Whilst the expectation was this bill would remove these

:33:34.:33:40.

sections from the act, it covers veto of sewerage services in England

:33:41.:33:46.

as well. These sections embody the peculiar notion that Wales is

:33:47.:33:49.

incapable of managing its own resources. It is once again

:33:50.:33:54.

exclusive to the Welsh settlements, needless for the Secretary of State

:33:55.:33:57.

for England or Northern Ireland have such powers. So why must the

:33:58.:34:03.

Secretary of State for Wales have a veto over Welsh Water. It makes

:34:04.:34:12.

Wales a case. The status in Westminster, it protects the

:34:13.:34:16.

exploitation of Welsh resources and the recognition of what has been

:34:17.:34:21.

referred to as earlier on a shameful past. I need not to go into the

:34:22.:34:26.

history of the drawning in 1965, in which the entire community in that

:34:27.:34:32.

part of rural Wales were flooded. But such events remain perfectly

:34:33.:34:39.

legal removing 144 and 142 as amendments 81 would do so, would at

:34:40.:34:44.

long last ensure the actions of this Parliament in 1965 could never be

:34:45.:34:53.

repeated. And on that, I would wish with 81, as I believe it is a

:34:54.:34:56.

particular importance to the people of Wales.

:34:57.:35:04.

For the same reasons, if called, we would support 145, 146, which siege

:35:05.:35:11.

to achief -- achieve the same aim. We will not support 44. We welcome

:35:12.:35:19.

45, 47, 50. Of the bill, if called we would support 144-147. Tabled

:35:20.:35:23.

again in the name of the official opposition. Amendment 82, tabled in

:35:24.:35:30.

the name of Plaid Cymru, would ensure that when exercising the

:35:31.:35:35.

powers to amend, appeal, revoke or modify any of the pours of the

:35:36.:35:38.

National Assembly for Wales the Secretary of State must seek the

:35:39.:35:42.

permission of the National Assembly as well as both Houses of

:35:43.:35:46.

Parliament. 150-154, tabled in the names of my honourable friends and

:35:47.:35:50.

myself are similar to amendments 82, but introduce a separate provision

:35:51.:35:58.

for the amendments repel of Parliament, primary legislation and

:35:59.:36:03.

sub bore dinnate legislation. It provides when the Secretary of State

:36:04.:36:08.

uses the power in 51 to make or appeal an assembly act or measure,

:36:09.:36:13.

then the regulations must be approved by the affirmative

:36:14.:36:16.

procedure in the assembly as well as each Houses of Parliament. They make

:36:17.:36:20.

similar provision to the Secretary of State using the power 51 to make

:36:21.:36:26.

regulations which amend or revoke legislation made by the members of

:36:27.:36:32.

the Welsh Assembly. This would be subject to the negative procedure

:36:33.:36:36.

rather than affirmative procedure. They provide that the assembly would

:36:37.:36:40.

have no role where the power in clause 51 was used to make powers

:36:41.:36:46.

which appeal or amend an appeal of Parliament or legislation. We would

:36:47.:36:51.

be happy to support amendments 59, 50, tabled by the Government.

:36:52.:36:55.

We do not see why the Secretary of State however should make an

:36:56.:36:59.

exception in respect of the clause 17 functions of Welsh ministers.

:37:00.:37:04.

Whether they should come into force. Why should everything else come into

:37:05.:37:07.

force two months a. The Royal Assent? But for clause 17 w ewould

:37:08.:37:12.

have to wait until the Secretary of State says so. Perhaps the Secretary

:37:13.:37:17.

of State might explain. We agree with amendment 12 in the

:37:18.:37:21.

name of the official opposition, linked to clause six. The Welsh

:37:22.:37:25.

Government's borrowing capacity. It is right that the Welsh Government

:37:26.:37:30.

should have fiscal leave at its disposal to facilitate economic

:37:31.:37:32.

growth in all corners of our country. I stress all corners of our

:37:33.:37:37.

country, not just in the heart lands of the south-east of Wales.

:37:38.:37:42.

Plaid Cymru have taken this bill extremely seriously. We have tabled

:37:43.:37:48.

a great number of amendments. We wish to press those amendments

:37:49.:37:51.

through a vote this evening and to leave with new clause two if there

:37:52.:37:55.

is sufficient time. I look forward to hearing the Under-Secretary of

:37:56.:37:59.

State's response. THE SPEAKER: David Jones. Thank you,

:38:00.:38:07.

Sir Alan. I wish to speak briefly in support of amendments 158-160 in the

:38:08.:38:13.

name of my honourable friend, the member for Brecon and Radnorshire.

:38:14.:38:18.

He has dealt with the thrust of the amendment very well indeed. I don't

:38:19.:38:22.

wish to repeat what he's said already. However, I would like to

:38:23.:38:31.

focus on the new proposed paragraph 4 D, which provides that the

:38:32.:38:34.

Secretary of State may give a direction to Welsh ministers with

:38:35.:38:41.

applications for consent for the electricity from wind which would

:38:42.:38:46.

have capacity of less than 51 megawatts. Not determined by Welsh

:38:47.:38:51.

ministers. As I mentioned, at second reading,

:38:52.:38:57.

Sir Alan, there have been unintended consequences of the energy act 2016,

:38:58.:39:04.

which is UK Government, which is a development of UK Government policy,

:39:05.:39:11.

which provides that all applications for wind, on-shore wind generating

:39:12.:39:14.

stations should no longer be governed by the planning act 2008,

:39:15.:39:19.

but should instead be determined by local planning authorities.

:39:20.:39:27.

This applies also in Wales. But as a consequence of Welsh legislation,

:39:28.:39:32.

the Welsh Government have designated all such development, all wind farm

:39:33.:39:39.

developments in Wales, as so-called developments of national

:39:40.:39:41.

significance, which fall to be developed, fall to be considered by

:39:42.:39:48.

the Welsh Government itself. I think that my honourable friend is quite

:39:49.:39:54.

right to insert this provision, because we come from, we both come

:39:55.:39:59.

from parts of Wales where wind farm development has caused huge Rons. --

:40:00.:40:05.

problems. They have been disproportionately scattered across

:40:06.:40:09.

rural Wales and we are seeing large parts of rural Wales, which almost

:40:10.:40:13.

literally have a turbine on every hillside.

:40:14.:40:19.

Local communities, certainly want such applications to be determined

:40:20.:40:25.

at a local level. And I believe that it's entirely right that the Welsh

:40:26.:40:31.

Government, having taken upon themselves to adopt this power,

:40:32.:40:35.

should have that power taken away from it and the power should be

:40:36.:40:39.

returned to local authorities. I think that this was, as I say, an

:40:40.:40:44.

example of the law of unintended consequences. I am absolutely sure

:40:45.:40:48.

that the Government didn't expect that, as a consequence of the 2016

:40:49.:40:55.

energy act, all such applications would fall to be determined by the

:40:56.:40:59.

Welsh Government. That is what has happened. Local communities have

:41:00.:41:05.

therefore been disenfranchised. I believe that this proposal is a

:41:06.:41:10.

sensible one. I would ask my Right Honourable friend to give

:41:11.:41:12.

consideration to it and to see whether if he cannot accept it this

:41:13.:41:18.

evening, he might go away and come back with another proposal for

:41:19.:41:21.

report stage, which might address the concerns that I have just

:41:22.:41:23.

outlined. The clauses four, five, eight and

:41:24.:41:34.

tabled in the names of my honourable friends and myself. I referred

:41:35.:41:37.

members to my speech last week, during the first day of committee

:41:38.:41:41.

stage on clauses two and three on income tax.

:41:42.:41:46.

New clause five proposes to devolve Air Passenger Duty to Wales. In

:41:47.:41:50.

2012, the Silk Commission recommended a block of powers be

:41:51.:41:55.

devolved to the National Assembly, including Air Passenger Duty. It was

:41:56.:41:59.

a carefully-crafted package of measures. These minor taxes were

:42:00.:42:03.

listed as pressing and the commission recommended they be

:42:04.:42:07.

devolved immediately in the next vehicle, which was the 2013 Finance

:42:08.:42:12.

Bill. For whatever reason, APD was missing in the bill and a Plaid

:42:13.:42:16.

Cymru amendment to include it was defeated. Upon publication, the

:42:17.:42:20.

commission had cross party and Governmental support. However, four

:42:21.:42:23.

years on, I am disappointed to see the Government turn its back on the

:42:24.:42:27.

commission and its recommendations and instead cherry pick the

:42:28.:42:32.

amendments to the current devolution arrangement for Wales. Since then,

:42:33.:42:35.

of course we've had the Northern Ireland act and two Scotland acts.

:42:36.:42:40.

In those APD was devolved tho those respective countries. Needless to

:42:41.:42:45.

say Tory and Labour MPs based in Wales supported those acts. Wales is

:42:46.:42:49.

getting the short end of the stick when it comes to devolved taxation.

:42:50.:42:53.

The honourable member for Cardiff central and she's not in her place

:42:54.:43:00.

today, oblivious of her party to support ADP twice in the last

:43:01.:43:03.

Parliament has rightly questioned why it is an unimpeachable argument.

:43:04.:43:09.

Air Passenger Duty has been devolved to the Northern Ireland Assembly and

:43:10.:43:13.

the Scottish Parliament, but not yet to Wales. I agree with every word

:43:14.:43:21.

she said. Members of this House argued for devolvement for expansion

:43:22.:43:28.

and coverage. Furthermore it was cited in the affairs report as a

:43:29.:43:31.

stumbling block to economic growth. Why are these arguments not good

:43:32.:43:38.

enough for Wales? Why is parity with other devolved Parliaments not no on

:43:39.:43:43.

the table. This bill's failure to include this in the taxes proves to

:43:44.:43:47.

Westminster views Wales as a second-class nation. Devolving APD

:43:48.:43:52.

is the best way to develop Cardiff airport and boost the Welsh economy.

:43:53.:43:55.

It is the fastest growing airport in the UK and the only airport in Wales

:43:56.:44:01.

or the west of England capable of accommodating transatlantic

:44:02.:44:04.

aircraft. It is worth restating that again. It is the only airport in

:44:05.:44:09.

Wales or the west of England capable of accommodating transatlantic

:44:10.:44:12.

aircraft. It serves a catchment area of six

:44:13.:44:20.

million and contributes 104 million to the Welsh economy.

:44:21.:44:24.

It would significantly improve its contribution to the Welsh economy.

:44:25.:44:28.

Considering that the airport is now owned by the Wales Government it

:44:29.:44:36.

seems bizarre that the UK Government restricting the asset to maximise

:44:37.:44:38.

its potential. By devolving it, Cardiff increased

:44:39.:44:52.

-- credit airport would see a 28% increase in GDP. The managing

:44:53.:44:58.

director and chief operating officer of Cardiff airport said the tax

:44:59.:45:06.

would hinder their ability to continue on this journey of growth

:45:07.:45:10.

and should be abolished. Let me finish the quote and I will give

:45:11.:45:14.

way. They believe neighbouring airports should work together,

:45:15.:45:19.

strengthening side-by-side for the greater good in a thriving aviation

:45:20.:45:28.

industry. Has he given any consideration to what impact his

:45:29.:45:31.

proposals might have upon North Wales' local airports in Liverpool

:45:32.:45:37.

and Manchester? The whole point of the evolving APD to Wales is to

:45:38.:45:45.

allow Westminster to set their own priorities for the aviation

:45:46.:45:50.

industry. It'll be up to Welsh ministers to consider the aviation

:45:51.:46:03.

issues for their own economy. It could generate substantial revenues

:46:04.:46:08.

elsewhere, especially in the Vale of Glamorgan, the Secretary of State's

:46:09.:46:15.

own constituency. I am not privy to the planning of Cardiff airport but

:46:16.:46:20.

I understand the form of APD that most interests them is long haul

:46:21.:46:27.

taxation. The airport has a long runway which can accommodate

:46:28.:46:32.

transatlantic plants. Transport links between the two airports could

:46:33.:46:37.

be improved, and here lies the tonnage for the Welsh Government. We

:46:38.:46:44.

urgently needs transport update to get people in Cardiff and Swansea to

:46:45.:46:52.

and from the airport. The current infrastructure is woeful compared to

:46:53.:46:57.

Belfast, Glasgow and Edinburgh. It seems that 70% of Welsh voters agree

:46:58.:47:05.

APD should be devolved, not quite at the rate of Welsh banknotes but

:47:06.:47:11.

still a high number and a clear indication of public opinion and it

:47:12.:47:18.

takes a brave politician to avoid those polling figures. The Welsh

:47:19.:47:24.

Assembly should have more responsibility for the money it

:47:25.:47:30.

spends. The Secretary of State said this makes them truly accountable to

:47:31.:47:38.

Wells, so why continue to limit the financial responsibilities of the

:47:39.:47:42.

Welsh Government? The minister for Finance in the Welsh Government says

:47:43.:47:50.

it is disappointing that the UK governance has decided to continue

:47:51.:47:55.

its procrastination over the devolution of Air Passenger Duty.

:47:56.:48:00.

This discriminatory approach is unacceptable. We have seen during

:48:01.:48:06.

the progress of this bill that what the Labour government site in Wales

:48:07.:48:09.

does not necessarily translate to voting behaviour in Westminster, so

:48:10.:48:14.

it might come to a relief to opposition members but I do not

:48:15.:48:20.

intend to divide the House on this clause, but I will return to work in

:48:21.:48:25.

the report stage of this bill. I hope in the meantime the Secretary

:48:26.:48:29.

of State and a member listen to one of the most important players in

:48:30.:48:35.

this country and I look forward to seeing him bring forward his own

:48:36.:48:39.

government amendments before this bill completes it regressed in this

:48:40.:48:45.

House. I would like to now turn my attention to clause four. The last

:48:46.:48:51.

Scotland act devolved revenues from the first 10% and that it would be

:48:52.:49:00.

devolved by the 2020 financial year so with the current UK VAT rate of

:49:01.:49:07.

20%, half of all VAT would be kept in Scotland, and the Scottish

:49:08.:49:12.

Government will have no ability to change the 18th rates. In the US,

:49:13.:49:19.

sales tax is a state tax and not a federal tax, so different states

:49:20.:49:23.

have different levels. What we are proposing is to equalise the

:49:24.:49:30.

situation with up and -- with Scotland. Adopting the Scottish

:49:31.:49:36.

model made paved the way in the post Brexit scenario to fully devolved

:49:37.:49:42.

VAT to Wales, Scotland and Northern Ireland. In a post Brexit UK,

:49:43.:49:48.

significant political and fiscal power from Westminster will have to

:49:49.:49:53.

be considered unless that post Brexit vision is an even more

:49:54.:50:02.

lopsided state. The Scottish border has some benefit in incentivising

:50:03.:50:09.

benefits, facing a job creation strategy around well-paid jobs and

:50:10.:50:15.

getting to grips with the low paid economy we currently have. As the

:50:16.:50:21.

Government expenditure report states on page four, VAT was the largest

:50:22.:50:28.

source of revenue in Wales followed by income tax and National Insurance

:50:29.:50:34.

contributions. Its contribution is markedly different from the UK as a

:50:35.:50:40.

whole. Taxes make up less of a share of revenue while a greater share is

:50:41.:50:46.

made up of indirect taxes, so 5.2 million was raised by VAT, income

:50:47.:50:58.

tax for million, so those generate more revenue. Welsh tax you since

:50:59.:51:08.

2011 have grown by 12 point 3% and a main component of that growth was

:51:09.:51:12.

VAT revenues. For as long as we have a Tory UK Government, it seems

:51:13.:51:19.

economic growth will continue to be based around consumer spending and

:51:20.:51:24.

it is more important for the people of Wales to benefit from that

:51:25.:51:28.

growth. Denying Wales the same powers as Scotland seems to be a

:51:29.:51:32.

deliberate attempt to undermine revenues for the Welsh government.

:51:33.:51:38.

This is a probing amendment and I will not be putting this amendment

:51:39.:51:42.

to a vote at this stage, but I look forward to listening to the

:51:43.:51:46.

justification of the UK Government of white they have not moved Wales

:51:47.:51:51.

fought to the same state as Scotland, especially considering the

:51:52.:51:58.

good state of Wales when it comes to to generating VAT revenues.

:51:59.:52:05.

Similarly, new clause eight and nine seem to attack devolved tax,

:52:06.:52:11.

mirroring the situation in Northern Island, and these are probing

:52:12.:52:17.

amendments. I want to see my country succeed, I want to see our GDP

:52:18.:52:21.

increase and the gap between the Welsh and UK GDP close. We have to

:52:22.:52:27.

make Wales are more attractive place to do business. I want to wake Wales

:52:28.:52:33.

the most attractive place in the UK to do business and I am sure the

:52:34.:52:37.

Secretary of State would want the same. Most other countries can set

:52:38.:52:45.

their own rates of corporation tax, to make the country attractive to

:52:46.:52:51.

potential investors. Wales is forced to compete with other UK nations

:52:52.:52:57.

with their hands tied behind their backs and Northern Ireland will have

:52:58.:53:00.

a huge competitive advantage comes and we know about the rate in

:53:01.:53:06.

Ireland. We cannot build an HS2 4-wheel is, and we cannot offer tax

:53:07.:53:13.

incentives, so we are forced to come to Westminster with even ageing Bill

:53:14.:53:20.

-- a begging bowl and we will not get financial consequentials from

:53:21.:53:26.

HS2, let alone high-speed rail, and cannot use corporation tax. A

:53:27.:53:33.

grateful to him for a living wage, I listened to his proposals about

:53:34.:53:38.

devolving incorporation tax. How would you suggest Wales with Coke

:53:39.:53:43.

with the volatility of the income from corporation tax? I am grateful

:53:44.:53:49.

for it that intervention because it gives an insight into the thinking

:53:50.:53:54.

of the Secretary of State, and if that is his argument he should align

:53:55.:54:00.

himself with the Labour Party, who oppose income tax rates for the same

:54:01.:54:04.

reason, so it is about whether you believe the Welsh have and can use

:54:05.:54:09.

those levers affectively to win jobs and that is the telling intervention

:54:10.:54:16.

in terms of the mindset of the Secretary of State. Given this is

:54:17.:54:21.

devolved in Northern Ireland, I hope the Secretary of State will stand up

:54:22.:54:25.

for Wales and make it a devolved tax, as recommended by the Silk

:54:26.:54:33.

Commission during the report. Thank you for calling me to speak. While

:54:34.:54:40.

he is hugely important debate, I think we all recognise this bill is

:54:41.:54:45.

an attempt to create a stable, long lasting devolutionary settlement in

:54:46.:54:51.

Wales, that provides financial accountability to the Welsh

:54:52.:54:56.

Government, and speeches from all sides I associate myself with,

:54:57.:55:01.

though not agreeing with everything, but I want to speak specifically to

:55:02.:55:08.

amendments 158 - 160, which have featured a lot today. I have been

:55:09.:55:16.

inspired to use it in part why the contribution of the Shadow Secretary

:55:17.:55:19.

of State for Wales, and in a positive way by some of his

:55:20.:55:25.

comments. Wales can be an energy giant, there is potential for that.

:55:26.:55:32.

I've been since hired with a history of what we have achieved in Wales in

:55:33.:55:37.

terms of energy production. I am sure he would not agree with me

:55:38.:55:42.

there but we had nuclear generation in Wales on the considerable skill,

:55:43.:55:47.

which is a decarbonisation effort which I have supported and which we

:55:48.:55:52.

make carry on with. We have the Swansea Bay tidal lagoon, a

:55:53.:55:57.

wonderfully potential for Wales if they go ahead. The issue at this

:55:58.:56:02.

stage is whether they become dimensionally viable. I don't doubt

:56:03.:56:08.

that tidal range is amazing and I hope we do get to a stage when we

:56:09.:56:13.

can approve those schemes and see Wales carry on making a contribution

:56:14.:56:21.

to energy generation, but I am also inspired by the mover of the

:56:22.:56:26.

amendments, the member for Brecon and Radnor, and that contribution

:56:27.:56:34.

for the honourable member, devolution of energy is it difficult

:56:35.:56:40.

issue for me in particular. My concern is about onshore wind farms

:56:41.:56:46.

and the implications of onshore wind on my to the Chavancy. I am

:56:47.:56:51.

desperately keen to support the devolution process, I am really keen

:56:52.:56:59.

if the Wales Bill this successful especially in relating to financial

:57:00.:57:06.

accountability, and it will help the Assembly but the history of the

:57:07.:57:09.

Welsh Government in dealing with onshore wind causes she is problem

:57:10.:57:16.

is in my constituency. They are landscape vandals, that has been the

:57:17.:57:21.

approach of the Welsh Government to onshore wind and I think into this

:57:22.:57:27.

debate it is the scale of what they wanted to, there are probably more

:57:28.:57:34.

wind turbines in Montgomerie sure than anywhere else in Wales, but the

:57:35.:57:40.

project they wanted was for another 500 turbines, a 40 kilometre cable

:57:41.:57:45.

into Shropshire which would devastate the whole constituency.

:57:46.:57:52.

Powys County Council had to spent a huge amount of money to give them

:57:53.:57:56.

the constituency and the only reason I can support this will, and it is

:57:57.:58:04.

ironic, is that the Welsh Government has behaved in a centralising way

:58:05.:58:09.

when the UK Government devolved power to look up authorities to

:58:10.:58:16.

decide onshore wind farms, on the same day the Welsh Government took

:58:17.:58:21.

up power back to itself as if it was like some old Soviet republic,

:58:22.:58:26.

grabbing power away from the people and it was quite endless, but they

:58:27.:58:33.

did that, so this bill has with him that the movement of our over

:58:34.:58:40.

onshore wind to the national Assembly, that has already happened

:58:41.:58:44.

through the Wales Bill and the part I am more interested in, and the

:58:45.:58:50.

detail I want to return to, is any powers we do cute to the Welsh

:58:51.:58:55.

Government as a consultant, to influence the subsidising process,

:58:56.:58:59.

and that is where I disagree with the Shadow Secretary of State to

:59:00.:59:04.

Wales, who seem to suggest we give the Welsh Government power over

:59:05.:59:08.

that, and if that were part of his bill, facing a permit in Cardiff

:59:09.:59:14.

that wanted to do make the Chavancy that damage, that would make this

:59:15.:59:20.

bill very difficult to support. Thank you, Sir Alan. I think we have

:59:21.:59:26.

had a decent debate about the issues in relation to this bill today, so

:59:27.:59:33.

turning to clause 36, it is a clause which gives effect to commitments on

:59:34.:59:40.

energy. The combined effect of subsections 1-6 is to grant

:59:41.:59:49.

developers consent for stations in Wales and offshore zones not

:59:50.:59:53.

exceeding a capacity of 350 megawatts, so this is a compromise

:59:54.:59:58.

based on the views expressed by the Silk Commission and the Davis date

:59:59.:00:07.

commitments. Commitments for onshore wind farms in Wales has been

:00:08.:00:12.

devolved to the act in 2016 and I will say more about that in a

:00:13.:00:13.

moment. The issue of the political

:00:14.:00:31.

consensus, which we found St David's Day process. It is important that we

:00:32.:00:36.

recognise this bill is attempting to move forward on the basis of

:00:37.:00:40.

consensus and the amendments are trying to open up the issue once

:00:41.:00:48.

more. It is clear that we have to accept that the transmission system

:00:49.:00:54.

in England and Wales is thoroughly integrated and we must keep in mind

:00:55.:00:58.

when legislating on this issue. It is important to highlight the fact

:00:59.:01:03.

that the consensus of 350 is appropriate, I suspect in relation

:01:04.:01:08.

to the fact that we are dealing a system which is interrelated and

:01:09.:01:13.

interdependant. It is moving significant changes to and

:01:14.:01:16.

decision-making powers to Wales. It is also recognising the importance

:01:17.:01:22.

of what might be seen as a strategic in energy development. Over 350 is

:01:23.:01:28.

considered to be strategic. Under 350 can be done on a Welsh basis. It

:01:29.:01:38.

is important. We have talked about high hydroelectricity. There are

:01:39.:01:45.

several sites open to production. 350 megawatts rule would imply that

:01:46.:01:49.

all of those develops could be decided upon in Wales which is a

:01:50.:01:53.

major development and the biggest challenge would to ensure the

:01:54.:01:57.

infrastructure to take energy out of the conwhich vamly is up to --

:01:58.:01:59.

conwhich valley is up to speed. Can I ask the Under-Secretary of

:02:00.:02:09.

State if 350 over is strategic and over 350 was strategic in the past

:02:10.:02:13.

and if so, what has changed? I think it should be stated that a former

:02:14.:02:17.

Secretary of State for Wales and former leader of this party had long

:02:18.:02:22.

argued that there was a need to look at a higher limit. So, I think it is

:02:23.:02:27.

fair to say that the process of devolution is an on-going process.

:02:28.:02:30.

And therefore, I think it is highly and reasonable to criticise the fact

:02:31.:02:35.

that we are moving towards a situation in which very large

:02:36.:02:40.

developments of hydropower could be decided upon in Cardiff. As the

:02:41.:02:47.

process is on-going, have we the responsibility to catch one the

:02:48.:02:50.

information which was not available to the Silk Commission. I don't

:02:51.:02:54.

think that the Newport would envisage that time. How does it make

:02:55.:02:59.

sense for the sell sh Government to have control over the Swansea lagoon

:03:00.:03:04.

and not over the Newport and Cardiff lagoons? I am sympathetic to the

:03:05.:03:13.

concept of lagoon. There is a review going on at the moment. Charles

:03:14.:03:17.

whentry is well respected across this House. Clause 37 allows Welsh

:03:18.:03:24.

ministers to extinguish navigation, out of the sea ward territorial sea,

:03:25.:03:29.

in relation to generating stations up to 350 megawatts. Clause 38

:03:30.:03:35.

aligns the consent to a generating station itself and the associated

:03:36.:03:38.

overheadline, which would connect that station to the transmission

:03:39.:03:44.

system. It does so by removing consenting under the act or the

:03:45.:03:49.

planning act for certain associated overheadlines with a transmission

:03:50.:03:56.

capacity up to 132. Necessary for converting stations up to 350

:03:57.:04:00.

megawatt capacity. This is an attempt to generate a one-stop shop

:04:01.:04:04.

for the size of energy opportunities in Wales. So, the Silk Commission,

:04:05.:04:09.

obviously rightly identified that one-stop shop should be developed

:04:10.:04:14.

and this bill is trying to deliver that one-stop shop in a Welsh

:04:15.:04:21.

context. 47-49 are correct in relation to the drafting, by

:04:22.:04:27.

removing the assumption that ministers are the authority.

:04:28.:04:32.

The planning act 2008le had a concept of developments which the

:04:33.:04:35.

Secretary of State could consent to as part of the developments consent

:04:36.:04:40.

orders which underpin and facilitate major development projects T ability

:04:41.:04:43.

to grant associated development allows for more of the projects to

:04:44.:04:46.

be delivered within a single consent. Again trying to make the

:04:47.:04:50.

situation easier for developers. In Wales, the benefits of this approach

:04:51.:04:55.

has hither to been restricted only to certain activities around the

:04:56.:04:59.

construction of gas storage facilities. 39 amends the

:05:00.:05:04.

definitions in the planning act 2008 to extend the scope of associated

:05:05.:05:12.

development accompanying general rating projects above 350 megawatts

:05:13.:05:21.

and overhead of 2 KV. It is a commitment and a silk

:05:22.:05:25.

recommendation. Turning to 158 to 160 which stand in the name of the

:05:26.:05:30.

member for Brecon and Radnorshire. It seeks to reopen matters which

:05:31.:05:35.

have been debated in the context of the energy act of 2016. That act

:05:36.:05:39.

delivered the manifesto commitment to give local people the final say

:05:40.:05:43.

on wind farm applications. It ensured that in Wales it is for the

:05:44.:05:47.

Assembly and for the Welsh ministers to decide how decisions are taken.

:05:48.:05:51.

And I personally see no basis for rolling back from that position now.

:05:52.:05:56.

I do fully agree and I hope whole heartedly with my Right Honourable

:05:57.:06:01.

friend for Clyde West and for Brecon and Radnorshire, that the Welsh

:06:02.:06:04.

Government should ensure that local people in Wales do have a final say

:06:05.:06:08.

on these matters. I think when we are talking about the Wales bill we

:06:09.:06:12.

have talked about the importance of financial accountability, but this

:06:13.:06:15.

is also a case of political accountability. In my own

:06:16.:06:19.

constituent we had the development of the wind farm, where I think I am

:06:20.:06:25.

right in saying that every single councillor in the Conwy local

:06:26.:06:29.

authority area voted against the development I was imposed by diktat

:06:30.:06:32.

by the Energy Secretary. The important point is that the changes

:06:33.:06:36.

and the power given to local communities as a result of acts

:06:37.:06:41.

taken by the previous coalition Government were a response to that

:06:42.:06:45.

political need for change. So, if the Assembly Government is guilty of

:06:46.:06:49.

taking powers into its own hands then there is a political

:06:50.:06:52.

accountability there, which needs to be challenged and needs to be part

:06:53.:06:56.

of the political discourse in Wales. I say to my honourable friends that

:06:57.:07:02.

the energy act has also ended the subsidy for new on-shore wind. If an

:07:03.:07:06.

on-shore wind project does not have planning permission it will not be

:07:07.:07:11.

eligible for subsidy under the obligation. Taken in full there, I

:07:12.:07:15.

would argue that the amendments provided should not be put to a

:07:16.:07:20.

vote. Clauses 40 and 41 devolve further powers to Welsh ministers in

:07:21.:07:24.

respect of equal opportunities. The powers follow as closely as possible

:07:25.:07:28.

the approach in Scotland. It is not identical. Clause 40 covers the

:07:29.:07:34.

public sector equalities duty. It requires 152 of the act 2010, that

:07:35.:07:39.

the Welsh ministers consult a member of the Crown amending the list of

:07:40.:07:43.

Welsh public authorities which are subject to the duty replacing it

:07:44.:07:47.

with a requirement to inform. Clause IV 1 provides for the commencement

:07:48.:07:53.

of parts one of the equalities act. It imposes a due tu on certain

:07:54.:07:59.

bodies to have due regard to having regard when making of strategic

:08:00.:08:04.

decisions. I lows the ministers to bring it into Wales on a date of

:08:05.:08:10.

choosing. It enables the ministers to add or remove relevant

:08:11.:08:13.

authorities which are to be subject to the duty without first consulting

:08:14.:08:17.

a minister of the Crown. Now, clauses 42 and 43 extend Welsh

:08:18.:08:26.

ministers existing this east ponlssability for marine to the

:08:27.:08:31.

Welsh offshore region. It fulfils the St David's Day commission and

:08:32.:08:35.

the Silk Commission's second reports. Clause IV 4, enables the

:08:36.:08:40.

Secretary of State to intervene on legislation or executive activities

:08:41.:08:42.

where she has a reasonable ground to believe these might have a serious

:08:43.:08:46.

adverse impacted on sewerage in England. As part of this bill,

:08:47.:08:52.

legislative competence will be devolved subject to C 15 of new

:08:53.:08:58.

succeed jewel 7 A. This is similar to those powers held by the

:08:59.:09:00.

Secretary of State in relation to water. They may be used by an act of

:09:01.:09:07.

the Assembly or to exercise a relative function, might have an

:09:08.:09:11.

impact on sewerage systems in England. Amends 81, 125-126, these

:09:12.:09:20.

amendments seek to take forward the recommendations of the Silk

:09:21.:09:24.

Commission in relation to sewerage and water. Devolution is complex and

:09:25.:09:30.

that further work to consider the practical implications was needed.

:09:31.:09:34.

Now the Government set up the joint Government's programme board with

:09:35.:09:36.

Welsh Governments to look at these issues and report on the likely

:09:37.:09:40.

effects that implementing the recommendations would have on the

:09:41.:09:44.

effect of delivery of water, the efficient delivery of water and

:09:45.:09:49.

sewerage services. Consumer and the water undertakers themselves. As the

:09:50.:09:52.

Secretary of State explained earlier, that work has concluded.

:09:53.:09:55.

And the Government is considering the evidence before deciding whether

:09:56.:10:00.

and if so how the recommendations will be taken forward. We will

:10:01.:10:04.

consider carefully the interest of customers and businesses on both

:10:05.:10:07.

sides of the border before reaching that decision.

:10:08.:10:12.

But it is, and it should be stated this issue is under consideration.

:10:13.:10:15.

Of course I will take an intervention.

:10:16.:10:17.

I thank the Secretary of State for giving way. Could the honourable

:10:18.:10:21.

Secretary of State tell me whether this will be available when we are

:10:22.:10:24.

next discussing this bill? Because if I remember correctly when I first

:10:25.:10:29.

about the working group dealing water, this is when we were

:10:30.:10:33.

discussing the 507 years - we are now nine months down the road and we

:10:34.:10:37.

will be a few more months ahead. It would be aprepiate if this was to be

:10:38.:10:41.

reported back to this House before this bill comes to the end of its

:10:42.:10:44.

journey. I thank the honourable lady for her question. That is correct.

:10:45.:10:49.

The recollection is correct. We have only just received the reports. So,

:10:50.:10:53.

consideration must be taken of the report in question. The report is

:10:54.:10:58.

now with the Wales offer fis and we will obviously having considered the

:10:59.:11:02.

report, I am certain that in the matter expressed by the Secretary of

:11:03.:11:06.

State, we will discuss the content of the report with other parties who

:11:07.:11:10.

have an interest in the Wales bill. Turning to Clause IV 5, this fulfils

:11:11.:11:17.

the St David's Day commitment and the Silk Commission for ministers to

:11:18.:11:22.

make the building regulations for executive building such as gas

:11:23.:11:30.

storage facilities. 46 formalises consulting under the energy

:11:31.:11:35.

incentive schemes. 130-132, which have been submitted by the

:11:36.:11:40.

opposition, would require: I thauld require the Secretary of State to

:11:41.:11:48.

get the concept of ministers. Maintaining consistency provides for

:11:49.:11:52.

workable schemes, certainty to the industry and fairness to consumers.

:11:53.:11:56.

It is the right responsibility for renewable energy schemes should rest

:11:57.:12:00.

with UK ministers. I hope that comment has at least been welcomed

:12:01.:12:07.

by the member for Montgomeryshire. The conclusions of the view of the

:12:08.:12:11.

Office for Budget Responsibility. The OBR has a duty to carry out a

:12:12.:12:16.

number of core functions, including to produce fiscal and economic

:12:17.:12:21.

forecasts. This clause shows it will continue to receive information from

:12:22.:12:23.

Wales, as necessary, to fulfil this duty.

:12:24.:12:28.

It reflects the I creased fiscal devolution to the Assembly and for

:12:29.:12:31.

the competence of economic development. This means the OBR is

:12:32.:12:37.

more likely to require and use information held in Wales in order

:12:38.:12:43.

to fulfil its remits. 48 increases the accountability of Ofgem. Clause

:12:44.:12:49.

49 provides where an coal operators wants to mine in Wales, it must seek

:12:50.:12:54.

approval for a license. Clause 50 again increases the accountability

:12:55.:12:57.

of offcome to the Assembly and Welsh ministers. It goes further by giving

:12:58.:13:01.

Welsh ministers the power to appointed one member to the Ofcom

:13:02.:13:05.

board who is capable of representing the interests of Wales. Clause 51

:13:06.:13:11.

and 52 and schedule five and six make consequential provision

:13:12.:13:14.

relating to the bill. Clause 51 allows the Secretary of State to

:13:15.:13:21.

make copse quen amendments in connection -- consequence amendment

:13:22.:13:26.

in connection with the bill. Up to 154 the parties opposite are seeking

:13:27.:13:33.

for a rule to give the regulations. 144-147 would require the Assembly

:13:34.:13:37.

to prove those regulations where such amendments are within

:13:38.:13:46.

Assembly's competence. Amendments 82, 150 and 150-154 would achieve

:13:47.:13:51.

the same in respect and consequential amendments which are

:13:52.:13:55.

for the Assembly or secondary legislation made by the ministers.

:13:56.:14:00.

Clause 51 is a typical provision which ensures the Government is able

:14:01.:14:05.

to tidy up the statute book where required in connection with this

:14:06.:14:09.

bill. Similar provisions are included in Assembly legislation as

:14:10.:14:13.

well. Giving the Assembly a rule in approving the Secretary of State

:14:14.:14:17.

regulations made under this clause would be as unjustified as giving

:14:18.:14:25.

Parliament role... It would make the process far more complicated and

:14:26.:14:28.

time consuming that it needs to be. In reality we would discuss any

:14:29.:14:34.

proposed changes which impacted on the confidence with the Welsh

:14:35.:14:36.

Government before regulations were laid. 50, 51 and 52, and 60 are the

:14:37.:14:43.

result of discussions between the Wales office, the Welsh Government

:14:44.:14:48.

and the Assembly Commission. Paragraph two, of schedule six shows

:14:49.:14:54.

the new model will only apply to bills which have not passed stage

:14:55.:14:59.

one in the Assembly's legislative process before the day in which the

:15:00.:15:06.

required models comes into force or introduced after that day.

:15:07.:15:12.

Passing stage one means the Assembly has approved principles of a bill.

:15:13.:15:23.

Third model which has not passed 81 before it comes into force would

:15:24.:15:27.

fail. Amendment 59 removes that provision so a ill could still

:15:28.:15:33.

proceed even if it is not passed stage one. Amendment 60 introduces

:15:34.:15:39.

provisions for energy infrastructure applications. Applications that have

:15:40.:15:46.

been formally accepted for application will be considered by

:15:47.:15:54.

the Secretary of State. Those that have not informally accepted will be

:15:55.:15:57.

considered by Welsh ministers under the planning regime. Amendment 62

:15:58.:16:09.

gives provisions in clause 63, and I think concerns were raised about

:16:10.:16:16.

Amendment 62, it inch is that ministers' clauses come into effect

:16:17.:16:22.

at the same time as the new power reserve model. Clause 53 provides

:16:23.:16:27.

the framework for commencing provisions of the bill for

:16:28.:16:30.

implementing the reserve powers model. Subsection three provides for

:16:31.:16:39.

the new reserve powers model to come into force on the day appointed by

:16:40.:16:44.

the Secretary of State. This is called the principal appointed day.

:16:45.:16:50.

The Secretary of State will consult ministers before the date to ensure

:16:51.:16:56.

their views are fully taken into account in determining when the

:16:57.:17:01.

reserve powers model comes into force. The other subsections come

:17:02.:17:09.

into force on whatever day the Secretary of State appoints four

:17:10.:17:13.

regulations. It is big over and's intention to bring into force most

:17:14.:17:18.

of the bill devolving further powers to the Assembly at the same time as

:17:19.:17:23.

the reserve powers model, on the principal appointed day. Subsections

:17:24.:17:31.

six provides for this date to be at least four months after the date the

:17:32.:17:36.

regulations are made, to insure sufficient time for the Assembly and

:17:37.:17:41.

Welsh Government to make appropriate arrangements for the new model, and

:17:42.:17:48.

clause 54 sets out the time of the built to be the Wales act 2016.

:17:49.:17:55.

Clause 20 662 quadruple the one Welsh governor's borrowing limits to

:17:56.:18:02.

?2 million. There were two considerations, ensuring that

:18:03.:18:06.

borrowing is affordable for the Welsh Government and that it is

:18:07.:18:11.

appropriate within the fiscal 's issue of the UK. In relation to

:18:12.:18:17.

affordability it is important to ensure the Welsh Government has

:18:18.:18:21.

sufficient independent revenues to manage its borrowing costs, so we

:18:22.:18:26.

need to consider the advantages of devolved borrowing. The precedent

:18:27.:18:34.

set by the Scotland act 2012 would mean the limit would have been

:18:35.:18:41.

around 100 million, but the Government increased its to 500

:18:42.:18:47.

million, something this Government fully supports that we are still

:18:48.:18:52.

waiting for action from the Government in Cardiff they. The

:18:53.:19:01.

borrowing limit is relatively large, compared to the Scotland act of 2012

:19:02.:19:06.

I would argue it goes further and taking into account the Welsh rate

:19:07.:19:11.

of income tax this remains relatively large. The Government

:19:12.:19:18.

does not believe it is right to increase the 500 million borrowing

:19:19.:19:24.

act. The Welsh act already provides for the UK went to increase the

:19:25.:19:30.

borrowing limit by secondary legislation. Turning to clause four,

:19:31.:19:37.

this seeks to assign a share of the key revenues generated in Wales to

:19:38.:19:42.

the Welsh Government in the same manner that a share of Scottish VAT

:19:43.:19:46.

revenues will be assigned to the Scottish Government. The Silk

:19:47.:19:50.

Commission gave full consideration to the case and while it

:19:51.:19:55.

acknowledged some of the arguments in favour, it recommended against

:19:56.:20:03.

VAT assignment in Wales, and there is no consensus on this issue.

:20:04.:20:09.

Returning to the fact this is a bill moving forward on the basis of

:20:10.:20:17.

consensus. As we committed to doing on that St David's Day agreement,

:20:18.:20:23.

the Government is considering the case based on options for APD

:20:24.:20:31.

evolution, but it is important to highlight the fact that the Silk

:20:32.:20:36.

Commission did not recommend the devolving of APD, it recommended the

:20:37.:20:43.

devolving of long haul only, so it is important to take into account

:20:44.:20:49.

that when legislating for devolving tax like APD, we have to take into

:20:50.:20:54.

account the impact on other airports in the UK, and also must take into

:20:55.:21:04.

account that the benefits that might arrive to airports owned by the

:21:05.:21:11.

Welsh Government, would difficulty is in the economic process be

:21:12.:21:18.

justified for transport links in North Wales, so we are not of the

:21:19.:21:24.

view that the case has been made for devolving APD but remain open to

:21:25.:21:30.

listening to arguments in future. I understand the importance of the

:21:31.:21:33.

aviation sector for creating jobs in Wales but the arguments made by the

:21:34.:21:37.

honourable member for Carmarthen East seem to be arguments of state

:21:38.:21:44.

aid for state owned assets and in view of the fact we have voted to

:21:45.:21:49.

leave in EU, he seems keen to drop the concept of state aid revision,

:21:50.:21:54.

but the fact the Welsh Ackerman buys the airport does not constitute an

:21:55.:22:02.

argument for devolving APD. The devolution of corporation tax, these

:22:03.:22:09.

clauses have the intention of replicating the Northern Ireland

:22:10.:22:15.

corporation tax regime, which allows for devolution to the Northern

:22:16.:22:19.

Ireland Assembly the power to set a Northern Ireland rate of corporation

:22:20.:22:24.

tax. Commencement of this remains dependent on the executive showing

:22:25.:22:30.

that its finances are on a sustainable footing. Northern

:22:31.:22:34.

Ireland faces unique challenges that Wales does not, in particular a land

:22:35.:22:40.

border with a low corporation tax environment in the Republic of

:22:41.:22:45.

Ireland. The Northern Ireland tax model has been specifically designed

:22:46.:22:49.

its economy and would not be appropriate for Wales, so we are

:22:50.:22:55.

staying no to the claims from the honourable member. I beg to that

:22:56.:23:02.

schedule is five and six stand part of the bill, and amendments 47-52

:23:03.:23:10.

and 59 and 60 stand part of the bill, and call on the members to

:23:11.:23:15.

withdraw their amendments. The question is, does clause 22 stand

:23:16.:23:21.

part of the bill. As many as are of the opinion, say "aye". To the

:23:22.:23:29.

contrary, "no". The byes habit. The question is does clause 25 stand

:23:30.:23:33.

part of the bill. As many as are of the opinion, say "aye". To the

:23:34.:23:40.

contrary, "no". The byes habit. The question is does 74 remain. As many

:23:41.:23:45.

as are of the opinion, say "aye". To the contrary, "no". The byes habit.

:23:46.:23:50.

-- division. Clear the lobby. The question is that Amendment 74 be

:23:51.:25:01.

made. As many as are of the opinion, say "aye". To the contrary, "no".

:25:02.:25:13.

For the ayes, these MPs. For those macro, these. -- noes.

:25:14.:35:23.

The ayes to the right, 195. The nose to the left,

:35:24.:35:33.

The ayes to the right, 195. The nose to the left, 275, so the nose have

:35:34.:35:51.

it. The nose have it. Unlock. The question is that clauses 36 and

:35:52.:35:57.

37 stand part of the bill, as many of that say ai, the country, no. The

:35:58.:36:05.

ayes have it. A deal with 57 to 49, in a single question, minute

:36:06.:36:11.

formally. The question is, that amendments 47-49, as many of that

:36:12.:36:20.

opinion say Aye. The ayes have it. Clause 38 is amendment stand part of

:36:21.:36:28.

the bill, of that opinion say aye. The ayes have it. 39-47 stand part

:36:29.:36:36.

of the bill, the contrary no. The ayes have it. We come to amendment

:36:37.:36:44.

81. Mr Williams thorny. 81 be made, as

:36:45.:36:50.

many of that opinion say aye. The contrary, no.

:36:51.:37:48.

The ayes to the right were 47. The nose to the left, 274. -- noes.

:37:49.:46:54.

The noes Harvard. Unlock. The question is does clause 74 get on

:46:55.:47:15.

the bill. The question is does schedule five year the fifth set

:47:16.:47:18.

schedule to the bill. As many as are of the opinion, say "aye". To the

:47:19.:47:22.

contrary, "no". The ayes have it. The question is does clause 52 get

:47:23.:47:30.

on the bill. As many as are of the opinion, say "aye". To the contrary,

:47:31.:47:36.

"no". The ayes have it. The question does do amendments 59 and 60 be

:47:37.:47:41.

made. As many as are of the opinion, say "aye". To the contrary, "no".

:47:42.:47:46.

The ayes have it. The question is does schedule six be the sixth

:47:47.:47:51.

schedule on the bill. As many as are of the opinion, say "aye". To the

:47:52.:47:59.

contrary, "no". The ayes have it. Minister to move 52 formerly. The

:48:00.:48:05.

question is whether Amendment 50 to be made As many as are of the

:48:06.:48:08.

opinion, say "aye". To the contrary, "no". The ayes have it. The question

:48:09.:48:16.

is whether clause 54 the amended. As many as are of the opinion, say

:48:17.:48:19.

"aye". To the contrary, "no". The ayes have it. Jonathan Edwards to

:48:20.:48:26.

move new clause two. The question is that new clause to be read a second

:48:27.:48:31.

time. As many as are of the opinion, say "aye". To the contrary, "no".

:48:32.:48:32.

Division. Clear the lobby. The question is that new clause to

:48:33.:49:44.

stand as part of the bill. As many as are of the opinion, say "aye". To

:49:45.:49:48.

the contrary, "no". The tellers for the ayes are when Thompson and Mary

:49:49.:49:55.

Fellows, the tellers for the noes art Julian Smith and John George

:49:56.:49:57.

Storey. The ayes to the right, 46. The noes

:49:58.:58:26.

to the left, 273. The ayes to the right, 46. The noes to the left,

:58:27.:58:30.

273. The noes Harvard. Unlock. Order. I've beg to report the bill

:58:31.:59:13.

with amendments to the House. Consideration what day. Tomorrow. We

:59:14.:59:23.

now come to motion number two on petroleum. Minister to move. The

:59:24.:59:30.

question is as on the order paper. As many as are of the opinion, say

:59:31.:59:33.

"aye". To the contrary, "no". The ayes have it. We now come to motion

:59:34.:59:41.

number three on the water industry. Beg to move. The question is as on

:59:42.:59:46.

the order paper. As many as are of the opinion, say "aye". To the

:59:47.:59:52.

contrary, "no". The ayes have it, the ayes have it. Motson number

:59:53.:59:57.

four, senior courts of England and Wales. Not mood. -- not moved.

:59:58.:00:15.

Order! I beg to move that this House do now adjourn. The question is that

:00:16.:00:21.

this House do now adjourn. Mr Ben Bradshaw.

:00:22.:00:25.

I will tell you a story about myself. This is not about me, this

:00:26.:00:30.

is about the thousands of people who use this service every year. And the

:00:31.:00:35.

many thousands who have signed a petition protesting against this

:00:36.:00:39.

so-called new policy. For more than 20 years, I have not

:00:40.:00:43.

owned a car. And before being elected to this House and ever

:00:44.:00:48.

since, every week I have cycled from this place to Paddington railway

:00:49.:00:53.

station. Put my bicycle on a train, travelled back to Exeter, taken my

:00:54.:00:57.

bicycle off the train and gone about my constituency business. The end of

:00:58.:01:00.

the weekend, I have done the opposite in reverse.

:01:01.:01:06.

First Great Western railways, as they have re-branded themselves, had

:01:07.:01:11.

a perfectly good and working cycling policy, which has encouraged people

:01:12.:01:15.

to book a space ahead but has allowed people, like me, to turn up

:01:16.:01:21.

and if there is space in the cycling carriage to put our bicycles on

:01:22.:01:26.

board. For those of you who have not aware, there is a designated space

:01:27.:01:30.

at the front of the train w six spaces for cycles. In the nearly 20

:01:31.:01:34.

years that I have represented Exeter in this House, I have generally not

:01:35.:01:40.

reserved a space. I can count on the fingers of one hand the times when I

:01:41.:01:45.

have arrived at Paddington or Exeter and not been able to get my bike on

:01:46.:01:50.

a train because it has been full. There are almost always spaces in

:01:51.:01:56.

the cycle carriage on these trains. So, you will understand, Madam

:01:57.:02:02.

Deputy Speaker, when I was told by a Great Western employee, at Exeter

:02:03.:02:08.

station, in April, that the company was about to introduce a compulsory

:02:09.:02:12.

booking system for people with bicycles, that I was somewhat

:02:13.:02:17.

concerned. I immediately asked to speak to a senior First Great

:02:18.:02:20.

Western manager, who reassured me that actually this was not the case

:02:21.:02:24.

and that discretion would be allowed. But I took the precaution

:02:25.:02:30.

of writing to the managing director of Great Western Railways, asking

:02:31.:02:34.

for him to repeat this assurance. And I explained to him the scenario

:02:35.:02:39.

that I have just outlined to you, that it seemed to me to be

:02:40.:02:45.

ridiculous, Orwellian, even, if people turned up at a station, with

:02:46.:02:50.

a bicycle and there were spaces in the carriage designed for carrying

:02:51.:02:55.

bicycles that they should not be allowed to take their bicycle with

:02:56.:02:59.

them. He gave me a very reassuring response. He wrote on 26th April,

:03:00.:03:04.

"We understand there will be times when booking is not possible and

:03:05.:03:09.

space is available on board. " Booking is not possible for people

:03:10.:03:12.

like me and the other thousands who don't know what train they are going

:03:13.:03:16.

to be able to get. The business of this House is very unpredictable. My

:03:17.:03:21.

constituency commitments are also very unpredictable. He went on to

:03:22.:03:25.

say, "Station staff have been briefed to allow bikes on board if

:03:26.:03:29.

this is the case. And we are checking this message has reached

:03:30.:03:33.

colleagues. And you should therefore not have any issues travelling

:03:34.:03:35.

without booking a space for your cycle if there is space on board."

:03:36.:03:41.

This was back in April. I have to say, Madam Deputy Speaker, in spite

:03:42.:03:48.

of that reassurance from Mark Howood, I was subsequently inundated

:03:49.:03:52.

with e-mails, letters, tweets and Facebook messages from other people

:03:53.:03:56.

in my situation, who told me that they had encountered difficulty

:03:57.:04:00.

getting their bikes on board a train, without reservation, even

:04:01.:04:04.

when there was spaces on board. And I wrote my letter to Mr Hopwood,

:04:05.:04:09.

from a train, without a reservation, that I put my bicycle on and there

:04:10.:04:15.

was spaces on board. And to this day, still, on many Great Western

:04:16.:04:20.

Railway stations, there are signs up, there are Tannoy announcements

:04:21.:04:24.

saying you cannot put your bike on this train unless you have a prior

:04:25.:04:29.

reservation. This is a lie. It is not true. It is not the policy. As

:04:30.:04:36.

Mr Hopwood outlined to me in his letter of April, but it is still

:04:37.:04:40.

being said as the policy at stations, in Tannoys and on

:04:41.:04:46.

messages. So, it's not surprising there is confusion among First Great

:04:47.:04:49.

Western staff. I was then contacted by a

:04:50.:04:56.

constituent of the honourable member for Northwest Bristol, Charlotte...

:04:57.:04:59.

Forgive me I forget her constituency, who has been lobbied

:05:00.:05:02.

on this, who sadly is unwell and cannot be here today. Who had

:05:03.:05:10.

received a miss sieve from another Great Western Railway management

:05:11.:05:14.

member which contradicted what Mr Hopwood had said, which said, to be

:05:15.:05:18.

clear, we require you to reserve your bicycle on our high-speed

:05:19.:05:23.

trains, as our publicity states. Completely contradicting the

:05:24.:05:27.

assurance I had been given by Mr Hopwood. He went on, however, to

:05:28.:05:32.

say, or to imply that this was about preparing for the introduction of

:05:33.:05:35.

the new high-speed trains that we are very much looking forward,

:05:36.:05:40.

serving our part of the world in the far south-west, which incidentally,

:05:41.:05:43.

as I understand it the minister may like to clarify this her reply, are

:05:44.:05:48.

not due to come into service for another two years, so I was not sure

:05:49.:05:51.

why they were preparing for this event. He goes on, Simon Pritchard

:05:52.:06:00.

to explain the reason why is in line with the new high-speed trains, the

:06:01.:06:06.

cycle carriages instead of being in designated carriage will be in three

:06:07.:06:09.

separate areas, two in each other, more if it is a longer train, so in

:06:10.:06:14.

order to try and avoid the chaos and confusion that would ensue from

:06:15.:06:17.

people trying to get their bikes on a train, if they had not booked,

:06:18.:06:21.

they were trying to encourage people to book in advance. That is all very

:06:22.:06:24.

well and I come back to that in a moment. The other problem that has

:06:25.:06:30.

exacerbated this whole issue is that it is incredibly difficult,

:06:31.:06:34.

complicated and clunky to book your bicycle on a train. You either have

:06:35.:06:38.

to telephone, and the telephone service is only operating within

:06:39.:06:43.

certain working hours, or you can book online, but only book on-line

:06:44.:06:47.

when you book a ticket. For people who are return from a journey, who

:06:48.:06:51.

already have a ticket, the only way they can book is by phone and the

:06:52.:06:56.

phone service does not operate most, for many hours of the week. Or by

:06:57.:07:02.

going to a station. Of course this is massively inconvenient for

:07:03.:07:07.

customers. So I went back to Mr Hopwood to try and seek

:07:08.:07:13.

clarification. I applied for this adjournment debate in the hope this

:07:14.:07:17.

might make something happen and indeed, as is the case, when one

:07:18.:07:22.

secures an adjournment debate, I received another letter from Mr

:07:23.:07:30.

Hopwood today. Written last Friday. Which is moderately reassuring and

:07:31.:07:34.

has invited me to a meeting with cycling groups, which I am very

:07:35.:07:39.

happy to take him up on that offer. Where he does say that this

:07:40.:07:44.

discretion of people being allowed to take their bicycles on a train

:07:45.:07:51.

without a booking will continue. He implies, until these new trains are

:07:52.:07:55.

introduced. He goes on to say that they are, working on a reservation

:07:56.:07:59.

system which will allow customers to take a bike on a train,

:08:00.:08:03.

independently from their ticket purchased at short notice, even

:08:04.:08:05.

after the train has started its journey. If I can just explain that,

:08:06.:08:12.

up until now, you could only book a bike on a train up to two hours

:08:13.:08:16.

before that train has started its journey. On a long journey from pen

:08:17.:08:22.

sans to Paddington, as you would appreciate, that is for many

:08:23.:08:27.

impractical because by the time the train has started its journey the

:08:28.:08:31.

train has left its station in pen sans so you cannot book your train

:08:32.:08:37.

on. He says there'll be an on-line service by telephone and at stations

:08:38.:08:40.

and they hope to have this available to customers by the start of the

:08:41.:08:44.

December timetable. That is a welcome improvement and concession

:08:45.:08:49.

by Great Western Railway, which I am convinced has only happened because

:08:50.:08:52.

as a result of the pressure put on them by customers who have used

:08:53.:08:57.

their service over the years. And he then argues this will provide the

:08:58.:09:01.

flexibility that cyclists have asked for and allow for bookings to be

:09:02.:09:05.

mead much closer to departure. If that is indeed the case, that is an

:09:06.:09:11.

improvement. However, he also goes on to claim that the requirement to

:09:12.:09:18.

book space on long-distance services is not unusual. He says that other

:09:19.:09:23.

railway companies and he quotes three here, more than three, but the

:09:24.:09:30.

three I am concentrating on are the ones I know - they also have

:09:31.:09:35.

mandated bicycle reservations. I can tell my Hopwood I have taken my

:09:36.:09:41.

bicycle on cross-country services, on Saturday, without a reservation.

:09:42.:09:44.

I have taken my bicycle up to Norwich on greater Anglia in the

:09:45.:09:49.

last six months without a reservation. And I have taken my

:09:50.:09:53.

bicycle on South West Trains in the last six months without a

:09:54.:09:56.

reservation. This is simply not the case. It seems to me, Madam Deputy

:09:57.:10:02.

Speaker, at a time when we should be encouraging people to use

:10:03.:10:07.

sustainable transport and to travel sustainably that rail companies

:10:08.:10:11.

should be bending over backwards to encourage people to use their

:10:12.:10:15.

bicycles. Yes, I give way to my honourable friend, the member for

:10:16.:10:19.

Totnes. I thank my honourable friend. I absolutely agree with

:10:20.:10:23.

everything he's said so far. Would he agree with me that from our

:10:24.:10:27.

inquiry that we both served on in the last Parliament to get Britain

:10:28.:10:32.

sighingling, it was clear that active travel to work was a key part

:10:33.:10:36.

to encourage people to get cycling and the health benefits that brings

:10:37.:10:41.

are not in dispute. Yes, I completely agree with that.

:10:42.:10:45.

And it seems to me, and the reason I describe this system as Orwellian,

:10:46.:10:50.

is partly because of the confusion and the coninterest dick Tory

:10:51.:10:54.

messages that I have outlined to you which have been give on the the

:10:55.:10:59.

public Madam Deputy Speaker, but exactly that, that this is a moment

:11:00.:11:03.

in our history when we should be encouraging people to use

:11:04.:11:07.

sustainable transport. We should be encouraging poo emto take their

:11:08.:11:10.

bikes on trains. If there is space on trains, people should be allowed

:11:11.:11:14.

to put their bicycles on those trains.

:11:15.:11:19.

And this is a classic example, in my experience, of a big organisation

:11:20.:11:25.

announcing a policy, with no consultation, no consultation with

:11:26.:11:28.

people who actually lose use the service, not thinking it through,

:11:29.:11:32.

not thinking through the implications and the repercussions

:11:33.:11:36.

of what they were originally saying and then having to backtrack and

:11:37.:11:39.

having to clarify, but not clarifying properly and then

:11:40.:11:45.

thinking, oh, dear, we've got ourselves into a mess who here. How

:11:46.:11:49.

do we get out of this? If only they consulted with the people who use

:11:50.:11:53.

the service? We can think of so many examples in public life. I am sure

:11:54.:11:57.

the minister who has a lot on her plate can think of them too. They

:11:58.:12:01.

could have avoided this situation. I wanted to ends on my final point,

:12:02.:12:06.

which is that if the real reason that the company had introduced this

:12:07.:12:12.

mandatory, which turns out not to be mandatory reservation system, in

:12:13.:12:15.

advance of the introduction of these trains, why on earth hasn't it

:12:16.:12:19.

waited until these trains are actually being introduced and

:12:20.:12:23.

introduce a policy now, which is both confusing and has the potential

:12:24.:12:27.

to put people off taking their bikes? It is OK for me because I

:12:28.:12:31.

have this letter from Mr Hopwood saying I can take my bike on a train

:12:32.:12:36.

if there is no reservation. I have it on my iPhone, so if I have a

:12:37.:12:40.

problem I can flash it at the guard and say, look I have the assurance

:12:41.:12:45.

of your boss that this is OK and I have put this photograph of the

:12:46.:12:47.

letter on twitter and everywhere else. For the ordinary tourist, or

:12:48.:12:54.

the non-regular traveller, this policy is a real deterrent to people

:12:55.:12:59.

doing exactly as the honourable member for Totnes is the right thing

:13:00.:13:04.

to do. I would ask for Great Western Railways to issue a clear and

:13:05.:13:10.

comprehensive clarifiration of -- clarification of this policy to make

:13:11.:13:13.

it clear, both publicly and in the notices that they put on railway

:13:14.:13:16.

stations and that they announce on the Tannoy, which are still, as we

:13:17.:13:21.

speak, inaccurate, to make it clear that you can still put your bicycle

:13:22.:13:27.

on one of their trains without a reservation and until these new

:13:28.:13:30.

trains are introduced. I want to say one more thing about when these

:13:31.:13:34.

trains are introduced, because as I mentioned a moment or two ago, Mr

:13:35.:13:41.

Hopwood is wrong about the practise on great Anglia and South West

:13:42.:13:45.

Trains. These trains have a system whereby bicycles are two at the

:13:46.:13:47.

front, two in the middle and two at the back, which is the system that

:13:48.:13:50.

Great Western are about to introduce.

:13:51.:13:54.

It's not difficult or a problem if there is a space on that train to

:13:55.:13:59.

find a space for your bicycle, you just need to move up and down the

:14:00.:14:03.

platform and get it in a space. The idea is because of the new

:14:04.:14:06.

configuration of these trains that you should somehow require people to

:14:07.:14:10.

book in advance, even if no-one has booked and there is space, again, in

:14:11.:14:14.

my view, it is Orwellian and is against the whole thrust of

:14:15.:14:18.

Government policy. So, I hope the minister, given all the other

:14:19.:14:22.

problems that she's facing on the railways at moment, can have a quiet

:14:23.:14:26.

word with Great Western Railways, to sort this issue out. Reassurance the

:14:27.:14:31.

people, who like me, have been using this system perfectly happily for

:14:32.:14:36.

many, many years. An unnecessary change which has created an almighty

:14:37.:14:41.

mess and confusion and get Great Western Railways to see sense.

:14:42.:14:46.

Can I start I thanking the right honourable gentleman for his

:14:47.:14:54.

long-term commitment to using the real ways? I know he is like me and

:14:55.:15:00.

assiduous user of First Great Western, and his commitment to

:15:01.:15:05.

cycling, there is a reason he looks as good as he does and I'm sure a

:15:06.:15:09.

lot of it is cycling around the deals, and I think this debate is an

:15:10.:15:17.

example of something that might seem minor to many but his very important

:15:18.:15:23.

to a small number of people, and by calling a debate, changes can

:15:24.:15:30.

happen. I want to dress some of the main points but then shares some of

:15:31.:15:36.

the facts he has raised and heard. It is not for the Government to

:15:37.:15:40.

specify every detail of the franchise holders interaction with

:15:41.:15:47.

its customers. We set out the broad direction of travel, that customers

:15:48.:15:51.

with icicles must be permitted on the trains. I know the importance of

:15:52.:15:57.

sustainable travel and how railways and joining up the cycling and

:15:58.:16:04.

railway experience can be important in deep carbon lies in our transport

:16:05.:16:07.

sector and contributing to good health. For many years there has

:16:08.:16:14.

been a differential policy across the country and in this case we have

:16:15.:16:20.

benefited from the 40-year-old high-speed trains which have that

:16:21.:16:24.

guards and that means cyclists can put their bikes in one place easily

:16:25.:16:33.

and it has been quite easy to do. The honourable gentleman has

:16:34.:16:37.

experience on other operators. From my reading of this it looks like

:16:38.:16:42.

First Great Western is falling into line with other operators who

:16:43.:16:47.

require reservations for all or part of their services, and that also

:16:48.:16:54.

includes virgin east coast and West Coast, and this policy will mean 70%

:16:55.:16:59.

of First Great Western services. Allow bicycles without reservation.

:17:00.:17:07.

Like him, I was catching the train to London this morning and because I

:17:08.:17:14.

tend to read my box in advance I thought of the honourable gentleman

:17:15.:17:20.

and thought this must be mentioned in the debate, the key is the

:17:21.:17:25.

company has pointed out this is ruling the turf with the

:17:26.:17:29.

introduction of the new trains which we are looking forward to running

:17:30.:17:33.

which do not have them hard span but have cycle spaces dotted around the

:17:34.:17:40.

courage formations. The honourable gentleman says it's OK for cyclists

:17:41.:17:45.

to steer trains up and down but when we want the trains to run on time,

:17:46.:17:50.

we want the loading of icicles to be efficient so there is some merit in

:17:51.:17:56.

the reservation system, and those trends, more seats and spaces, more

:17:57.:18:01.

frequent services is something we look forward to, so although I'm

:18:02.:18:06.

looking to First Great Western to solve these issues, I was interested

:18:07.:18:12.

to hear of his experience in terms of implementation because the policy

:18:13.:18:18.

does sound confusing and inconsistent, and I have heard from

:18:19.:18:23.

that company that they recognise those points and no doubt have been

:18:24.:18:28.

nudged along by the campaigning and tabling of this debate. They are

:18:29.:18:34.

improving their booking system. I went online to see you could reserve

:18:35.:18:39.

a cycle space for our journey which was an advance booking, but you

:18:40.:18:44.

could not look good if you were not sure what train you were taking, and

:18:45.:18:48.

I welcome the companies announcement that bites September you can make

:18:49.:18:53.

that cycle reservation as you show up. I've also heard the phone system

:18:54.:19:01.

was inadequate and I was cleared -- leads to hear they have changed

:19:02.:19:05.

suppliers, they will now been dealing with calls onshore and the

:19:06.:19:09.

right honourable gentleman should be able to look forward to more

:19:10.:19:16.

consistent contact. I think it is important to recognise that this

:19:17.:19:23.

company, like so many, is doing a lot to invest in cycling, so was

:19:24.:19:28.

well as this permission for a new cycle spaces on trends, and I am

:19:29.:19:34.

intrigued to look at new ways of solving this problem because I find

:19:35.:19:38.

that although there are edited cycle spaces on many trains, many users

:19:39.:19:44.

will have folding bikes which can fit into compartments, often you

:19:45.:19:49.

will be on trains when there are bikes in the aisles and it would be

:19:50.:19:54.

great to see innovation in rolling stock for potentially bicycles could

:19:55.:20:01.

be accommodated in a different way, so I encourage the industry to think

:20:02.:20:05.

about that but I also know companies are working hard to encourage people

:20:06.:20:10.

to cycle to stations and leave their bikes. The honourable gentleman is

:20:11.:20:15.

in payment or at the intake in his fight to London, many others leave

:20:16.:20:21.

their bike at the station, and it is look worthy that the company has

:20:22.:20:26.

already invested in 750 cycle spaces and has secured funding for another

:20:27.:20:34.

100 stations, working at bike companies in many locations and

:20:35.:20:38.

supporting a new innovative higher scheme which uses Danish technology

:20:39.:20:45.

which is a higher bike that can be secured to a regular stand-alone

:20:46.:20:50.

cycle rack, something that has lots of applications, so like many other

:20:51.:20:57.

companies this one is committed to improving the experience of cyclists

:20:58.:21:01.

on services, but I do take his points seriously and commend him for

:21:02.:21:05.

calling this debate and for making changes happen already with the

:21:06.:21:12.

company, and as a keen cyclist, although not one brave enough to

:21:13.:21:16.

bring my bike on trains, I will be watching the implementation and

:21:17.:21:20.

improvements in this policy with great interest. The question is that

:21:21.:21:27.

this House do now adjourn. As many as are of the opinion, say "aye". To

:21:28.:21:33.

the contrary, "no". The ayes have it. Order. Order.

:21:34.:21:39.

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