Browse content similar to 11/07/2016. Check below for episodes and series from the same categories and more!
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centres is integrating the local services. Urgent question, Helen | :00:00. | :00:11. | |
Goodman. I would like to ask the Chancellor of the Duchy of Lancaster | :00:12. | :00:13. | |
if he would make a statement on whether or not the government will | :00:14. | :00:16. | |
seek Parliamentary approval before triggering Article 50? The question | :00:17. | :00:25. | |
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 | :00:30. | :00:34. | |
take the legal consideration first, everyone will be aware how about the | :00:35. | :00:38. | |
debate about whether Article 50 can be done through the royal | :00:39. | :00:41. | |
prerogative which is not legally parliamentary improvement approval, | :00:42. | :00:47. | |
or if it would need a Parliamentary approval. I believe the lawyers to | :00:48. | :00:53. | |
that highly paid dispute. The court case is already underway on this | :00:54. | :00:57. | |
issue, so the judges may reach a different view, but I would remark | :00:58. | :01:00. | |
that the government lawyers believe it is a royal prerogative issue. I | :01:01. | :01:06. | |
hope everyone here will agree that democratic principles should I drank | :01:07. | :01:09. | |
legal formalities. The Prime Minister has already said that | :01:10. | :01:13. | |
Parliament will have a role and it is right that a decision as momento | :01:14. | :01:17. | |
says this should be fully discussed in parliament. The precise format | :01:18. | :01:21. | |
and timing of those debates and discussions will need to be agreed | :01:22. | :01:25. | |
through the usual channels. I can't offer any more details today because | :01:26. | :01:29. | |
the discussion simply haven't happened yet. I will venture a | :01:30. | :01:33. | |
modest prediction that I strongly doubt they will be confined to a | :01:34. | :01:38. | |
single debate or a single occasion. There will be many important issues | :01:39. | :01:42. | |
about the timing and substance of different facets of the negotiations | :01:43. | :01:45. | |
that the government, the opposition and the back fence business | :01:46. | :01:49. | |
committee and maybe even you, Mr Speaker, will feel it is important | :01:50. | :01:53. | |
to discuss. The details of which topics on what dates and the | :01:54. | :01:57. | |
specific wording of the motions, we will have to wait and see. I thank | :01:58. | :02:05. | |
the Minister for that reply. If the Royal prerogative is used to trigger | :02:06. | :02:10. | |
Article 50, would this not be a clear breach of the promises made to | :02:11. | :02:14. | |
the public during the referendum campaign by the Brexiters that they | :02:15. | :02:21. | |
would take back control and restore Parliamentary sovereignty? Hike | :02:22. | :02:30. | |
could it be right to mitigate negotiations with important and | :02:31. | :02:35. | |
far-reaching significance for citizenship rights, immigration | :02:36. | :02:38. | |
rules, employment and social rights, agriculture, trading relations with | :02:39. | :02:45. | |
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 | :02:51. | :02:55. | |
the culmination of 40 years of legislation. Isn't epic strawberries | :02:56. | :03:02. | |
to suggest that changes to these do not come back to the house? | :03:03. | :03:08. | |
Trade-offs are extremely important to everyone living in the UK. Surely | :03:09. | :03:12. | |
he is not suggesting they should be decided in Whitehall behind closed | :03:13. | :03:16. | |
doors while Parliament is presented with a done deal? Isn't the | :03:17. | :03:24. | |
Minister's inability to say hi Brexit will be negotiated a clear | :03:25. | :03:28. | |
indication of the government's failure to do any contingency | :03:29. | :03:34. | |
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 | :03:44. | :03:47. | |
can't he at least be clear that Parliament's approval will be sought | :03:48. | :03:53. | |
before the negotiations begin? When will he be able to say what the | :03:54. | :03:59. | |
process will be? He says these are matters for a new government. Has | :04:00. | :04:03. | |
the right honourable member for Maidenhead been consulted anchored | :04:04. | :04:06. | |
the Minister tell the house when will we have a new government? | :04:07. | :04:17. | |
A considerable burden has been placed by the honourable lady on | :04:18. | :04:25. | |
Minister Penrose's shoulders. It would be good if we could hear his | :04:26. | :04:34. | |
response. Firstly, I would gently say to the honourable lady that it | :04:35. | :04:39. | |
is his difficult to argue that the government's approach to be said to | :04:40. | :04:44. | |
be secret if it is in court, as it will be out in public. These issues | :04:45. | :04:48. | |
will be revealed as we go forward with the new Prime Minister. The | :04:49. | :04:52. | |
point on which I hope I can reassure her about is that my right | :04:53. | :04:57. | |
honourable friend for Maidenhead has been very clear in saying that | :04:58. | :05:03. | |
Brexit means Brexit. What that means is that the destination to which we | :05:04. | :05:07. | |
are travelling is not in doubt. The means and how we get the will have | :05:08. | :05:12. | |
to be explained, but I think it is only fair to wait until she is Prime | :05:13. | :05:18. | |
Minister and has a chance to layout programme and the process, and | :05:19. | :05:22. | |
therefore when Parliament will have a chance to discuss and debate these | :05:23. | :05:26. | |
issues. At that point I am sure all will be revealed. Isn't the way to | :05:27. | :05:31. | |
take back control and seek Parliamentary approval to proceed | :05:32. | :05:37. | |
quickly to repeal the 1972 European Communities Act whilst transferrin | :05:38. | :05:41. | |
all European law relevant to the single market into British law, but | :05:42. | :05:46. | |
at the same time protecting our borders and keeping our | :05:47. | :05:49. | |
contributions? That is what we voted for. Will the new government deliver | :05:50. | :05:55. | |
that promptly? As I just said, the important thing to reassure my right | :05:56. | :06:02. | |
honourable friend about is the representative for Maidenhead means | :06:03. | :06:07. | |
that -- has said the Brexit means Brexit. The destination is not in | :06:08. | :06:12. | |
doubt. The question of how we get there and hope to run the | :06:13. | :06:16. | |
negotiations and the timings of what gets addressed when, I hope we can | :06:17. | :06:26. | |
allow our new Prime Minister time to sort that out. The outcome of the EU | :06:27. | :06:37. | |
referendum represented the most momentous constitutional change our | :06:38. | :06:40. | |
country has faced in the post-war era. Night is the time to take the | :06:41. | :06:45. | |
considered view on the future of the negotiations for the new government | :06:46. | :06:48. | |
to layout the timetable, including when they anticipate Article 50 will | :06:49. | :06:53. | |
be triggered. Article 50 should not be triggered until there is a clear | :06:54. | :06:57. | |
plan in place about what the UK will be negotiating for and how that is | :06:58. | :07:01. | |
going to be achieved. The government has already indicated it will | :07:02. | :07:05. | |
consult the devolved administration and the Mayor of London and it must | :07:06. | :07:09. | |
do the same with Her Majesty's official opposition. This is the | :07:10. | :07:13. | |
only way they can develop a consensus on what the negotiating | :07:14. | :07:16. | |
plan should be and that should be put to a vote on the size. The | :07:17. | :07:20. | |
priority must be team undertaking the most substantial set of | :07:21. | :07:24. | |
negotiations and are perhaps in modern history are fully equipped, | :07:25. | :07:28. | |
resourced and fully prepared to extract the best deal possible for | :07:29. | :07:33. | |
Britain. A trade agreements and I need to be really negotiated but it | :07:34. | :07:38. | |
is suggested that only 20 people across the whole of Whitehall have | :07:39. | :07:42. | |
the requisite experience to negotiate. We have deep concerns | :07:43. | :07:45. | |
that the Autumn Statement which outlined drastic cuts for Whitehall | :07:46. | :07:51. | |
long before Brexit materialised as a realistic possibility is no longer | :07:52. | :07:55. | |
fit for purpose. That is why labour are saying to this government while | :07:56. | :07:59. | |
discussions about article 50 are vital clearly what comes next | :08:00. | :08:05. | |
matters even more. It'd be an abdication of responsibility for | :08:06. | :08:07. | |
negotiating team do not have the resources they need and are forced | :08:08. | :08:12. | |
to spend vital time implementing brutal budget cuts at home when they | :08:13. | :08:15. | |
should be battling for Britain abroad. Let's properly resourced and | :08:16. | :08:21. | |
Civil Service and come up with a consensus for the way ahead for | :08:22. | :08:28. | |
Britain. I am pleased to hear her say that there is an opportunity | :08:29. | :08:38. | |
here for cross-party consensus. It is important that those we are | :08:39. | :08:44. | |
negotiating with no that Britain is speaking with one voice. I welcome | :08:45. | :08:52. | |
her comments on that. I would agree with that it is important that we | :08:53. | :08:56. | |
have a clear timetable as soon as our new Prime Minister is in place | :08:57. | :09:01. | |
only because that the details of the timetable have to be geared to | :09:02. | :09:05. | |
maximise our negotiation leveraged. That the new world we are gone but | :09:06. | :09:10. | |
the question is how do we get there and the order in which issues are | :09:11. | :09:14. | |
addressed and the timing of those has to be planned at incredibly | :09:15. | :09:17. | |
carefully to make sure we get the best deal possible. I would also | :09:18. | :09:24. | |
agree with her on this point of devolved government. We need to make | :09:25. | :09:27. | |
sure that they are involved as well so it is not merely a question of | :09:28. | :09:32. | |
consensus, cross-party consensus in Westminster, but consensus right the | :09:33. | :09:44. | |
way across the UK. The Prime Minister urged originally said that | :09:45. | :09:47. | |
he would trigger Article 50 immediately so I presume he felt he | :09:48. | :09:50. | |
had the full legal authority to do so. Those who want to have a vote | :09:51. | :09:55. | |
before Article 50 is triggered are not concerned with Parliamentary | :09:56. | :09:59. | |
sophistry, it is a clear temp two thwart the Democratic will of the | :10:00. | :10:05. | |
British people. They must be completely resisted by any real | :10:06. | :10:10. | |
Democrats. The referendum was not a consultation with the British people | :10:11. | :10:14. | |
it was an instruction from the British people that we have a duty | :10:15. | :10:21. | |
to obey. I would strongly agree with my right honourable friend and | :10:22. | :10:24. | |
Parliamentary neighbour that the question here is not the legal | :10:25. | :10:31. | |
power, which has the Prime Minister has previously said is available, | :10:32. | :10:34. | |
the question is what is politically and democratically right to reflect | :10:35. | :10:38. | |
the decision that was made in the referendum. While the Prime Minister | :10:39. | :10:42. | |
is sensibly saying that the timing and the method of triggering article | :10:43. | :10:49. | |
50 needs to be a decision taken by his successor, I think also that his | :10:50. | :10:54. | |
successor is very clear and also write to say that the British people | :10:55. | :10:57. | |
have spoken and that Brexit means Brexit. We are grateful to the | :10:58. | :11:05. | |
Minister for confirming that this will be done through royal | :11:06. | :11:10. | |
prerogative. Perhaps that is the way that we can determine the leadership | :11:11. | :11:19. | |
of the Labour Party. The exiting Prime Minister said that the | :11:20. | :11:22. | |
Scottish parliament will be fully consulted on any Brexit proposal. | :11:23. | :11:27. | |
Can you confirm that before any process has started an article 50 | :11:28. | :11:30. | |
that the Scottish Government will give their consent before you move | :11:31. | :11:34. | |
forward? Scotland did not vote for this Tory inspired Brexit and it is | :11:35. | :11:40. | |
the Scottish people before us are sovereign. We are yet to hear any | :11:41. | :11:45. | |
minister say that they respect the Scottish result. This government | :11:46. | :11:51. | |
might we charged with taking the UK out of the EU but these ventures are | :11:52. | :11:55. | |
charged with ensuring that Scottish people always get what they voted | :11:56. | :12:04. | |
for, too. I am delighted to confirm that the Scottish Government will be | :12:05. | :12:08. | |
involved. I believe there are ready some early discussions under way. I | :12:09. | :12:11. | |
hope and expect that those will continue as they will with the other | :12:12. | :12:17. | |
devolved governments around the UK. I would gently remind the honourable | :12:18. | :12:20. | |
gentleman that this is a commitment to consult, but it is not the same | :12:21. | :12:26. | |
thing as an outright consent because as his own party has accepted | :12:27. | :12:31. | |
recently, this is an issue which is not a devolved issue, it is | :12:32. | :12:36. | |
something that is to be dealt with by this parliament and the UK as a | :12:37. | :12:39. | |
whole and is something which is therefore a decision that we have | :12:40. | :12:51. | |
taken as a country collectively. We are not seeking consensus as a term | :12:52. | :12:58. | |
but would be seeking consensus... It will almost certainly not be | :12:59. | :13:04. | |
forthcoming from the Scottish National benches. But he confirmed | :13:05. | :13:09. | |
that there is no escape by doing this via Article 50? Whatever other | :13:10. | :13:12. | |
Parliamentary processes that come behind that, it is a treaty | :13:13. | :13:18. | |
obligations that we have to meet three invoking article 50 which is | :13:19. | :13:21. | |
the instruction of the British people. Will he insure that is put | :13:22. | :13:26. | |
in place as soon as we have negotiating hand in place? I would | :13:27. | :13:33. | |
agree with my honourable friend and both of those points, that consensus | :13:34. | :13:37. | |
is always desirable and should be sought wherever possible and that | :13:38. | :13:43. | |
also article 50 and that route is to way of achieving Brexit. He is right | :13:44. | :13:47. | |
to point out that it is only the tip of a much larger iceberg. There are | :13:48. | :13:50. | |
a series of other things that have to wrap around that. I suspect we | :13:51. | :13:57. | |
will hear more of them in due course. Is it not the case that | :13:58. | :14:05. | |
referendums are advisory and that this Parliament is sovereign! Isn't | :14:06. | :14:09. | |
it a constitutional outrage and the supreme irony that those people over | :14:10. | :14:14. | |
there who base their argument for Brexit on Parliamentary sovereignty | :14:15. | :14:18. | |
now want to deny this House vote and have suggested an unelected Prime | :14:19. | :14:23. | |
Minister, unelected with no mandate, agrees to such a fundamental | :14:24. | :14:27. | |
decision for this country. It is a disgrace and they must not be | :14:28. | :14:28. | |
allowed to get away with that. Mr Speaker, with the greatest | :14:29. | :14:38. | |
possible respect to the honourable gentleman, who has the experience, | :14:39. | :14:43. | |
he might be right on legalities but democratically he is fundamentally | :14:44. | :14:45. | |
wrong. We have had a referendum, the people have spoken and it would be | :14:46. | :14:50. | |
unconscionable, impossible for us collect EUly for us to thumb our | :14:51. | :14:54. | |
noses at the British people and ignore the result of that democratic | :14:55. | :15:00. | |
verdict. Thank you Mr Speaker, can I point out that it would be extremely | :15:01. | :15:06. | |
odd for the first time in this Parliament's history to instructions | :15:07. | :15:20. | |
from the administrative court. Can I point out that were legislative | :15:21. | :15:28. | |
consent realised, we passed the EU referendums Act which established | :15:29. | :15:31. | |
the referendum and put the question before the British people? Well, Mr | :15:32. | :15:38. | |
Speaker, I will endeavour to tread carefully, as there are cases either | :15:39. | :15:43. | |
in train or planned. But I think that the fundamental political and | :15:44. | :15:47. | |
democratic point must be this, which is that the people have spoken. | :15:48. | :15:51. | |
Whichever side of the argument either members of this House or out | :15:52. | :15:55. | |
in the rest of the country were on, it is up to all of us to unite as a | :15:56. | :16:01. | |
country and make sure we respect the democratic decision and the | :16:02. | :16:05. | |
democratic will clearly expressed. The Minister is an honest man and | :16:06. | :16:09. | |
therefore when he says Brexit means Brexit he knows there are as many | :16:10. | :16:13. | |
versions of Brexit as there are members on his benches here today. | :16:14. | :16:18. | |
He needs to reaffirm parliamentary sovereignty and ensure that | :16:19. | :16:22. | |
Parliament can vote on the Government's negotiating stance. For | :16:23. | :16:26. | |
instance on the vexed and dangerous question of what happens at the | :16:27. | :16:32. | |
Irish border. Mr Speaker, as I said in my opening response to the | :16:33. | :16:36. | |
question, I'm sure that there will be many opportunities and many | :16:37. | :16:41. | |
different occasions when this chamber will want to discuss and | :16:42. | :16:45. | |
debate all sorts of different issues, including the one he just | :16:46. | :16:51. | |
mentioned. This negotiation will be an ongoing process, and therefore he | :16:52. | :16:55. | |
is right that there'll be many opportunities where specific issues | :16:56. | :16:58. | |
will become salient, where people in this chamber will have strong views, | :16:59. | :17:04. | |
people in devolved Governments will have strong views. These views will | :17:05. | :17:09. | |
be aired in that process. Would my right honourable friend agree there | :17:10. | :17:12. | |
is just the slightest chance that over the next few weeks we may be | :17:13. | :17:18. | |
capable of generating more heat than light on this subject? It isn't the | :17:19. | :17:25. | |
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 | :17:29. | :17:36. | |
recover the Chancellor of the Duchy to ensure that whilst Parliament | :17:37. | :17:42. | |
should be kept informed and while it may express its view, it will be for | :17:43. | :17:47. | |
the Prime Minister to carry out these negotiations once article 50 | :17:48. | :17:52. | |
is triggered. Parliament should Nottingham per the negotiating | :17:53. | :17:58. | |
stance... Nottingham person. I think somebody wanted their lunch! | :17:59. | :18:07. | |
LAUGHTER Should not constrain the negotiating tactics of any | :18:08. | :18:11. | |
Government Minister. I think my right honourable friend gets the | :18:12. | :18:14. | |
parliamentary award for optimism, saying there is only the slightest | :18:15. | :18:20. | |
chance we might generate more heat than light over the next few weeks. | :18:21. | :18:25. | |
This is something Ministers need to take forward. I'm certain that the | :18:26. | :18:27. | |
Government and the opposition and the Backbench Business Committee and | :18:28. | :18:30. | |
others will take many different opportunities to make sure that | :18:31. | :18:33. | |
Parliament's views are forcefully expressed and the issues are debated | :18:34. | :18:41. | |
as we go. Thank you Mr Speaker, the Minister will know that the | :18:42. | :18:45. | |
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 | :18:50. | :18:53. | |
Kingdom. Has the Minister for Europe, who is sitting next to him | :18:54. | :18:58. | |
on the Treasury bench, had any representations from other EU | :18:59. | :19:01. | |
countries about the position of their nationalings here? And, if | :19:02. | :19:05. | |
not, will we be able to have clarity as to whether or not they have the | :19:06. | :19:10. | |
right to remain? At the moment Ministers are saying different | :19:11. | :19:14. | |
things, with regard to these rights. We need the certainty before any | :19:15. | :19:20. | |
triggering of article 50. Mr Speaker, the point of course is that | :19:21. | :19:25. | |
there will be ongoing discussions about this and many other issues. | :19:26. | :19:31. | |
The question about when those discussions might bear fruit, and | :19:32. | :19:36. | |
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 | :19:39. | :19:43. | |
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 | :19:49. | :19:52. | |
hope she will give more detail and clarity on that point, along with | :19:53. | :19:58. | |
many others. Thank you flock. In terms of the doctrine of the | :19:59. | :20:01. | |
sovereignty of Parliament, isn't it true that it is a sovereignty | :20:02. | :20:05. | |
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 | :20:39. | :20:43. | |
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 | :20:49. | :20:52. | |
Minister defers to his however friend on the matter of Hodge of | :20:53. | :20:57. | |
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 | :21:06. | :21:11. | |
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 | :21:31. | :21:35. | |
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 | :23:05. | :23:08. | |
Minister said at the beginning of his first answer this wasn't just a | :23:09. | :23:11. | |
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 | :25:01. | :25:05. | |
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. |