The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson) (LD)
My Lords, this has been an extremely interesting debate to start the Committee proceedings on this Bill. In response, I begin by reminding noble Lords of the intention behind the Bill. It encompasses three strands: first, issues flowing from the Green Paper issued by the Wales Office early in this Parliament; secondly, amendments to the Government of Wales Act requested by the First Minister; and, thirdly, measures to introduce fiscal accountability and borrowing powers recommended by the Silk 1 report, which so far have been sadly lacking in the Welsh devolution settlement.
Many of us here today are anxious to see the Silk 2 recommendations implemented, and I assure noble Lords that the Wales Office is working actively on that at the moment. Unfortunately, the Silk 2 report was produced too late for us to bring forward legislation in this Parliament. The Silk commission acknowledged that fact and said that it realised that many of its recommendations were for manifestos. The fact that it brought forward its second report too late in this Parliament does not mean that we cannot achieve anything from Silk 2 before the election. We can make a number of recommendations on which we can make progress. We can also prepare for further legislation, and we are doing so.
The Scottish referendum has ensured that a new devolution settlement for Wales is very much on the agenda, and I hope that there is cross-party agreement on that. However, Silk 2 was clear that its legislative recommendations were for party manifestos, and rightly so because, as has been referred to this afternoon, there needs to be discussion, debate and public information before people vote on a number of issues, obviously including this one.
These amendments from the noble Lords, Lord Wigley and Lord Elis-Thomas, seek to leapfrog that manifesto process—understandably perhaps. Plaid Cymru wants to air its manifesto in advance and this is a very good opportunity to do so. Unfortunately, the amendments are poorly thought through, for reasons that I will outline in a moment. It is also important to note that some of the new powers suggested in the amendments, as other noble Lords have said, were not recommended in Silk 2. We therefore need that manifesto process and an element of public discussion in order to have the cross-party agreement, which, I am sure noble Lords will agree, is essential if one is to move forward firmly on constitutional reform.
Lord Richard (Lab)
I was very interested in what the noble Baroness had to say about the reserved powers model. She comes from one branch of the coalition—if I may put it that way—which has been in favour of reserved powers for a long time. Will she assure us that the other branch of the coalition is now also in favour of the reserved powers model?
Baroness Randerson
My Lords, my right honourable friend the Secretary of State for Wales made it absolutely clear at the recent Conservative Party conference that he believes that Wales needs to move to a reserved powers model. It is also worth noting that the recent legal judgment, to which reference has been made today, on the Agricultural Wages Board was sufficiently far reaching to ensure that many people have reconsidered the situation in the light of that judgment.
The amendments in the names of the noble Lords, Lord Wigley and Lord Elis-Thomas, would put in place in the short term a broad but poorly defined settlement until the Government put forward a timetable for putting in place reserved powers. It will disappoint noble Lords in some cases that the Government have made clear repeatedly that this Bill is not the appropriate place for implementing Silk 2 recommendations. If we seek to use the Bill for that purpose we risk—I say this very seriously to noble Lords—lengthening the process and causing serious problems for the Bill in the other place. I remain completely committed to ensuring that we get the Bill through and I do not want to put the Bill at risk in any way. By widening the Bill considerably, it would have a very difficult passage in the other place. Given the proximity of the general election, we would find it difficult to ensure that the Bill passed before the end of the Session. Therefore, I certainly do not intend to put this at risk.
Lord Harries of Pentregarth (CB)
I thank the Minister for giving way. I have listened to her with great attention. I can well understand the need for extensive discussion in manifestos as well as in the other place and the points made by the noble Lord, Lord Crickhowell, and various other people. However, as there is such unanimity about the reserved powers model, why can this not be accepted in principle in the Bill, leaving the question of its implementation and the timetable open? It does not have to be six months, but it could be accepted in principle if it is now accepted by all parties. The only point that has not been made about why it should be accepted is a very important philosophical and political point about subsidiarity. The Minister has not addressed the issue of why it cannot be accepted in principle in the Bill, with all the details to be worked out in due course.
Baroness Randerson
The noble and right reverend Lord raises an interesting point and I will obviously take it away and think about it. In so far as thought has been given to this so far, we have been thinking about the scope of those reserved powers being included in legislation at the same time as the principle of reserved powers. There would possibly be issues and problems with separating out the principle from the scope of those powers, but I will certainly reflect on what the noble and right reverend Lord has said.
Lord Anderson of Swansea (Lab)
On that point, potentially some substantial time may have elapsed before the principle of reserved powers comes into operation. The extent of the conferred powers has been shown by the Supreme Court judgment in fact to be highly flexible. To what extent has the Wales Office taken on board the effect of that judgment? Can we be assured that there will be no unnecessary legal challenges in future and that we have learnt the lessons of that judgment?
Baroness Randerson
Noble Lords can certainly be assured that, first, the Wales Office has studied that legal judgment very carefully and, secondly, that across government there is a determination to move ahead with devolution, and the development of devolution, on a cross-party basis, where it is possible to do so. There is a determination to ensure that we work proactively with the Welsh Government on issues. Indeed, that refers back to the Silk 2 recommendations, which included a number of mechanisms for improving relationships between the UK Government and the Welsh Government. That is very much at the forefront of our minds at this moment in terms of making progress.
In conclusion, our focus in the Bill is on implementing the first part of the Silk commission’s recommendations, and that must remain its focus. I urge noble Lords not to put the Bill at risk in the hope of something even better. Do not reject jam today in the hope of even more jam tomorrow. Use the progress in devolution that the Bill encompasses as a sound basis for further devolution. Do not for one moment entertain the idea that the best way of moving forward is to stand still and in some ways set this Bill aside and start again. We insist that this is a positive step forward and it is important that we demonstrate the cross-party agreement that exists on the further development of devolution.
Lord Wigley
We have in the grouping of these amendments brought two different fields into play, and they need to be addressed separately to that extent. Of course matters related to the Home Office are already devolved to Scotland. We are very much aware of that, and that is one reason why matters such as policing, to which the noble Lord, Lord Elystan-Morgan, referred a moment ago, have wide support across the party-political divide in Wales and should be devolved rapidly.
Even though I accept what the noble Baroness said with regard to bringing in changes mid-Assembly, that may be appropriate with regard to some of the background systems and the concept of reserved powers without changing any of the actual detail of the portfolios being devolved. But if we are talking about further devolved portfolios of the sort that will come into play in Silk 2, they most certainly need to be specified before the 2016 election so that the issues within those portfolios can be addressed by the parties putting forward the manifestos for that election. I understand what the noble Baroness is saying in regard to the theory, but in regard to the practice we need to have that further detail.
I return to Amendment 1. I reject the suggestion made by the noble Baroness that this has been poorly thought out. It has been drafted on very good advice.
Baroness Randerson
I hope the noble Lord will accept that I was referring to Amendments 2A and 3.
Lord Wigley
I am very grateful that the noble Baroness is taking the opportunity to clarify that, because that will be helpful for Members in all parts of the House. It is quite clear that we have a cross-party consensus, as the noble and right reverend Lord, Lord Harries, mentioned a moment ago. It will be very helpful if we could have some indication between now and Report as to how exactly this is going to be taken forward.
Although there is a mention of “within six months” in the amendment as a period for bringing forward proposals on reserved powers, that does not mean that we need to take the whole six months. I believe that the process can be completed within four months, before Prorogation for a general election. It will be very useful if this has been clarified at that stage, even if some of the detailed legislation has to be taken forward thereafter.
I also reject the suggestion—it is always made at this stage of a Bill, as we are coming nearer Royal Assent—that if we send it back with changes to another place that will open a can of worms. I do not believe it will because I think the same cross-party consensus exists in another place as exists here. If there is that general agreement with regard to the reserved power model, let us just get on with it, not hold back.
Baroness Randerson
The noble Lord might reflect that while there might be consensus within Wales on this issue among political parties, there are a very large number of English MPs in the other place who will quite rightly want to discuss this in the context of their own situation. I fear that we could find the process very heavy going if we started to expand this Bill beyond its original intention.
Lord Wigley
My Lords, heaven help us if English MPs are going to start voting on matters of purely Welsh concern, but I take the point. I am sure the other point is understood across this Chamber as well.
The issue that I want to stress before withdrawing this amendment—obviously at this stage it is a probing amendment—is please, between now and Report, can we firm up the intentions in general with regard to reserved powers? I reserve the right to come back at Report if that is not done. I hope we can achieve that without that being necessary and that the consensus in this Chamber today will be carried through and can work for the benefit of Wales. I beg leave to withdraw the amendment.