Wales Bill

Baroness Gale Excerpts

Monday 24th November 2014 Lords Chamber

[Lord Empey]

I participated in a process that was anything but haphazard. It took two years to work out our settlement in Northern Ireland, which then came to Parliament to be debated and enacted. There was a process. As I understand it, the noble Lord’s party believes in a constitutional convention or a commission of some description, whatever we call it. We should not be precious about it. Those are all perfectly meritorious ideas. My point is that the change introduced by the Bill, which follows the process that happened in the Scottish referendum, inevitably has implications for the electorate more widely. We have a position whereby 18 year-olds will be voting next May and 16 years-olds will not, yet the decision that many 16 and 17 year-olds in Scotland took two months ago was very important. People could say it was of greater importance than a general election.

The point I am trying to make, which I ask the Minister to pass back to her right honourable friend, is on the concern that this is one further example of a haphazard attempt to change our constitution without any structured debate or rational process. I look forward to hearing her response to the noble Lord, Lord Richard, and the statistics. However, I will make another, tangential point, which applies whatever referendum takes place, whether on tax or anything else.

When the noble Lord, Lord Roberts of Llandudno, asked about transport and the roads, to some extent he hit the nail on the head. Scotland is, of course, an independent country which has shared its sovereignty with the rest of the United Kingdom; Northern Ireland is separated by sea from the rest of the United Kingdom, while Wales is not. You go from one side of the street to the other, from somebody’s back gate, and you are in Wales. Clearly, that means that unique issues need to be discussed when devolved powers are exercised. Again, there is no structure for that; there is no process or long-term debate, and we are basically making changes on the hoof. This process issue is a mistake.

[Baroness Gale (Lab)]

My Lords, we welcome the Government’s amendment, which would give powers to the Welsh Assembly to decide on whether 16 and 17 year-olds will be able to vote in the referendum on income tax. However, can the Minister say whether this is a government amendment, even though three Liberal Democrat Back-Benchers have put their names to it? There is cross-party support for this amendment, and I am sure that the Minister could have asked Peers from other parties to put their names to it as well. However, we welcome it.

To give the responsibility to this age group is a good step forward, which will eventually lead to all 16 and 17 year-olds having the vote in all elections in the United Kingdom. There is no longer any good reason for a delay. Labour will make a manifesto commitment at the general election to allow 16 and 17 year-olds to have the right to vote in all elections. Although some Peers have expressed their views that this is piecemeal, haphazard and so on, this is another step on the journey we are making with devolution. This is how it has been done since 1999—it has been a step-by-step approach—and when the Bill becomes an Act it will give more powers to the Welsh Assembly. However, we appreciate that this is not the Bill that will give universal franchise to 16 and 17 year-olds; that will be a United Kingdom decision, taken by the Westminster Government.

I was pleased that the Minister was able to refer in the amendment to the need to include,

“provision for the preparation and maintenance of a register of young voters”.

We understand that the responsibility for compiling the electoral register rests with local councils and is a devolved matter. The registration of young voters must be a priority and needs active and constant engagement. The noble Lord, Lord Roberts, in his enthusiasm, expressed his wishes; I understand that, and we support what he was saying. We therefore hope that when decisions are made on a referendum, the Welsh Government will give every encouragement to EROs in Wales to ensure that they prioritise the registration of young people through at least one visit to every school and college in Wales in enough time to ensure that all young people are fully aware of their right to vote in the referendum. We believe that to be of great importance. I am sure that the Minister will do all she can in her discussions with the Welsh Government to ensure that that happens. We thank the Minister very much for her commitment in bringing these amendments forward today.

--- Later in debate ---

[Baroness Randerson]

I will have to write to the noble Lord on that issue because if I were to venture a figure, I fear I might mislead him, and it is important that I am completely accurate on that.

My noble friend Lord Roberts asked about the further devolution of the rail franchise announced last week. His question pointed to the difference between Wales and Scotland in the nature of their borders. He referred to the fact that the rail line between north Wales and south Wales goes across the border from Wales to England and back again. I will write to him with the details of last week’s agreement. I can assure him that the issue has been taken fully into account in the discussions between the two Governments. I will ask the Electoral Commission to write to the noble Lord with the details of the 22 electoral returning officers in Wales.

The noble Lord, Lord Elystan-Morgan, considered the issue of the maturity of young people now compared with 40 years ago. It is important to bear in mind that young people consider rather more strongly that they should have a say in the way their lives are run than was the case a long time ago. My noble friend Lord Cormack talked about the variable age of majority. I would say to him that there has always been a variable age of majority in this country. One could argue that some ages of majority are not entirely consistent with some others. It has always been the case that one could, for instance, join the Army younger than when you could get married without your parents’ consent. There are therefore different approaches to different aspects of life. Perhaps that is something else on which we need to have a consistent and long-term debate, but that has been the state throughout the whole of my life and, I dare say, we will not resolve that debate in the near future.

The noble Baroness, Lady Gale, referred to the signatures on the amendment. I tabled the amendment and three noble Lords exercised their right to add their names, as is the custom in this House. They had signed the original amendment. I would have strongly welcomed the noble Baroness adding her own name because one of the things signifying the tone of debate on the Bill has been cross-party consensus.

[Baroness Gale]

I was trying to point out to the Minister that there is cross-party support for the amendment, which could have been reflected in the signatures if I had been allowed. I am not sure whether I would have been allowed as it is a government amendment. However, I think the Minister will accept that there is cross-party support for the amendment.

[Baroness Randerson]

I wholeheartedly recognise that there is cross-party support but repeat that this is a government amendment to which three people added their names. It would have been in the hands of the noble Baroness to add her name if she had wanted to.

Finally, I thank the noble Baroness, Lady Morgan, for the way in which she has expressed her appreciation for our efforts here today. She made the point that the Bill is already rather out of date. I would say to the noble Baroness that the fact that we are already planning, working on and discussing a future Bill indicates that this is a developing process.

Before I sit down, I should like to thank all those who have participated in our debates on the Bill. It has been a personal pleasure for me to steer a Bill through your Lordships’ House to devolve new powers to the Welsh Assembly and Welsh Ministers. “Historic” is a word that is sometimes overused in political debate, but I believe we can justly claim that the devolution of fiscal powers to the Welsh Assembly for the first time is an historic step forward. Although some noble Lords have expressed frustration at the pace of devolution, if we look back, we can see that Welsh devolution has come a long way in 15 years. Our debates have reflected the gathering momentum for further change. The Government are committed to ensuring that Wales remains at the heart of the development of devolution. My right honourable friend the Secretary of State and I are committed to publishing a framework for a reserved powers model of devolution by St David’s Day with—and I emphasise this—cross-party support.

I am pleased that the Government have been able to listen and respond to the views of noble Lords on two key issues during the Bill’s passage: first, on the lock-step mechanism for income tax and, secondly, on the referendum voting age, which we have just been discussing. I believe it is a better Bill as a result. At its heart, this is a Bill about accountability. It will provide the Welsh Government with the tools to help to build a stronger economy and a fairer society in Wales. For the first time, the Welsh Government will have the power to raise some of their own revenue, making them accountable to the people of Wales not just for spending, but for raising money as well.

I look forward to seeing how the Welsh Government capitalise on the opportunities we are giving them and once again urge them to call an income tax referendum as soon as possible. I thank my noble friends Lord Newby and Lord Bourne for their support and assistance with the Bill. The expertise of my noble friend Lord Bourne has been extremely useful in view of the fact that we have discussed the Silk commission on so many occasions. He was, of course, a member of that commission.

This is a short Bill but it has benefited from the expertise of officials from a number of departments: the Wales Office, the Cabinet Office, Her Majesty’s Treasury, HMRC and the DWP. It has been a pleasure to work with them on the Bill. They have been assiduous and endlessly prepared to give their time to assist me and support the many meetings I have held with noble Lords, both as individuals and in groups. I thank them for their assistance. I also thank the many noble Lords who have spoken in our debates. They have displayed a wealth of experience and understanding of devolution. I appreciate the willingness of so many noble Lords to give their time to attend a number of additional informal meetings that I arranged. I commend the amendments to the House.