Queen’s Speech
Baroness Humphreys Excerpts(3 years, 7 months ago)
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Baroness Humphreys (LD) [V]
My Lords, while preparing this response to the gracious Speech, I found myself thinking about how different my speech today would have been if my party’s calls for the devolution of policing to Wales had been heeded and granted. I also thought about how, if we had full powers over elections devolved to us, there would be no threat to the ease with which we have cast our votes for generations in Wales.
However, with the confirmation of the UK Government’s intention to progress the Police, Crime, Sentencing and Courts Bill beyond Committee in the Commons and the introduction of the electoral integrity Bill, we see this Government moving further and further away from the progressive politics and country that we on these Benches aspire to.
The intention to introduce new powers for the police to control protests is, above all, unnecessary and draconian. Police already have powers to limit protests to ensure safety. Protesters have the right to protest and express themselves under the Human Rights Act—a right that I and many others in this House have used to protest peacefully for causes that we believe in. The right to peaceful assembly has always been a crucial part of our democratic society, and these new laws undermine that right.
Like many others, I watched the presidential elections in America and was appalled by the reports of voter suppression, but the reality is that the UK is already emulating our transatlantic cousins. In the run-up to the 2019 general election, it was estimated that 17% of the UK population were not registered to vote. Individual voter registration has made the process far less easy than it was, and it has been the Tory party’s first step towards the UK version of voter suppression.
The electoral integrity Bill—was there ever such a misnomer?—continues that process with its emphasis on the introduction of voter ID cards, such as a passport or driving licence, for future elections. However, there is little evidence of voter fraud in the UK, with only one person convicted of personation and one person cautioned in 2019, as referred to by my noble friends Lord Tyler and Lord Rennard. Whatever gloss the Government try to put on this decision, it is a blatant and cynical attempt at making it harder for people to exercise their right to vote, and it is aimed at those they perceive as not being their voters. Welcome to voter suppression, UK style.
As ever, this gracious Speech is significant for what it does not contain. For those of us who live in Wales, the disappointment, although expected, is in the fact that it says nothing about our devolution settlements. Indeed, by their actions, this Government are bypassing and undermining the position of our devolved Governments, and there can be no better example of this than the way the shared prosperity fund is being allocated. My local town council—I refer the House to my membership of the council noted in my register of interests—was given details of the levelling-up fund and the community renewal fund when our local MP visited. The shared prosperity fund has yet to begin, but it is to be billed, I believe, as a Brexit bonus, using money that would have gone to Europe and replacing the European Social Fund. I note that there is no reference to replacing all the money that would have come from the EU. Delivery of all these will be to and through councils, bypassing the Senedd and leaving it without the finances to plan and implement policies and projects on a nationwide basis, other than those funded through the basic Barnett formula. I have a number of questions on the issue, which I will submit as Written Questions, and I hope for a full response.
A week ago today, the people of Wales returned a new Senedd, with 44 of the 60 seats taken by parties which support either federalism or independence, seeing off the negative influence of UKIP, the Abolish the Welsh Assembly Party and Reform. These parties now have no seats in our Senedd, thankfully, although I suspect that their voters turned to the Welsh Conservatives, who increased their numbers. Some Conservative candidates ran on an “Abolish the Welsh Assembly” ticket and I ask the Minister to confirm that this is not Welsh Conservative policy or, indeed, UK Conservative policy. What is clear is that there is an increased appreciation of the role of our devolved Administration and no mandate in Wales for anything other than increased autonomy for the nation.
Prisons: Overcrowding
Baroness Humphreys Excerpts(4 years, 7 months ago)
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Baroness Humphreys
To ask Her Majesty’s Government what steps they are taking to alleviate overcrowding in prisons in England and Wales, particularly in HMP Swansea.
The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, the prison estate is kept under review to ensure sufficient capacity. We have committed to invest up to £2.5 billion to create 10,000 additional prison places. We have recently opened 2,106 prison places at HM Prison Berwyn, and 206 at HM Prison Stocken. We are constructing new prisons at the former HM Prison Wellingborough and HM Prison Glen Parva sites.
Baroness Humphreys (LD)
At the end of March, Welsh prisons held 6% of the England and Wales prison population. However, according to MoJ figures on 24 April, they had 25% of confirmed Covid-19 cases across the estate. I understand that this figure is the result of a minor reporting error and has been removed from the MoJ website, but we need clarity on what is happening in Welsh prisons. Will the noble and learned Lord outline now, or in a further letter to me, the joint strategy of the MoJ and the Welsh Government with regard to prisons in Wales?
Lord Keen of Elie
The noble Baroness is right that some data has been removed to be reviewed by NHS Wales. As regards the prisons and cells, we are following a strategy in all prisons in England and Wales which involves ensuring that we have separate isolation for any prisoners displaying Covid symptoms, separate isolation for those in a shielding unit—that is, for prisoners identified by healthcare staff as particularly vulnerable should they come into contact with the virus—and what is termed a reverse cohorting unit, to ensure that those coming into the prison population are isolated for 14 days to give an opportunity for any symptoms to develop. As regards the statistics for prisons as between England and Wales and Wales itself, as of Tuesday 12 May, 401 prisoners had tested positive for Covid-19 across 74 prisons, and 501 prison staff had tested positive across 70 prisons. Of those, as at 11 May, 81 prisoners had tested positive in Welsh prisons and 61 prison staff had tested positive in Welsh prisons.
Covid-19: Prisons and Offender Rehabilitation
Baroness Humphreys Excerpts(4 years, 8 months ago)
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Baroness Humphreys (LD)
My Lords, Parliament as well as the Government has a duty of care to those in the prison system—staff and prisoners alike—so I am grateful to my noble friend for securing this debate.
In an already very complex situation, Wales’s devolution settlement adds another layer of complexity. Justice and therefore responsibility for prisoner release, for example, are reserved to the UK Government, whereas primary and secondary healthcare related to public sector prisons in Wales is devolved. At this point, I acknowledge the role of Public Health Wales and the Welsh Government in this crisis. They have a vital role to play in providing funding and looking after the well-being of prisoners as they are released. I know they are working closely with the Prison Service, the probation service and local authorities to ensure that suitable accommodation is in place.
Overcrowding in prisons in Wales, as we have already heard, is an ongoing problem, with HMP Swansea being the most overcrowded prison in England and Wales. In view of this, can the Minister tell us how many prisoners have been given early release from Welsh prisons and how many more such releases are planned? The UK Government have apparently announced plans to install 500 temporary single-occupancy cells in seven prisons in England in an attempt to expand capacity. Will we see at least one similar project in one of Wales’s overcrowded prisons? Will the Minister update us on the number of Covid-19 cases in prisons in Wales? It would be very useful if statistics could be produced individually for both countries in future so that the performance of both Governments in their respective areas can be monitored and both can be held to account.
Queen’s Speech
Baroness Humphreys Excerpts(4 years, 11 months ago)
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Baroness Humphreys (LD)
My Lords, I want to talk about three issues from the present version of the Queen’s gracious Speech that impact on Wales.
First, although many of our rural constituencies voted in December to “Get Brexit done”, many farmers remain worried about the consequences of the Prime Minister’s timetable for quitting the EU. The president of the Farmers Union of Wales, in his new year message, has called on the Government to change their focus and to “Get Brexit done safely”, over a realistic timescale ensuring a trade deal with the EU which,
“delivers full and unfettered access for our Welsh produce to EU markets”.
Many Brexiters will wake up on 1 February believing that Brexit has been achieved, but that will be when the hard work begins. The Prime Minister has decided that he will take charge of the trade negotiations to begin on that day—and what a challenge he faces. He faces an EU determined to adhere to its standards and protect its internal markets, and, on the other hand, he faces the prospect of other countries demanding that we accept their lower health, hygiene, welfare and environmental standards as the price of a trade deal with them. It is a circle that will be difficult to square, and it will probably lead to the UK’s exit on or before 30 December with no deal—the disastrous situation which we, who have the interests of Welsh farmers at heart, have fought against for the last three years.
Secondly, I want to highlight the very different immigration needs of Wales. It is a subject I have alluded to before but, with the prospect of the immigration Bill arriving in this House before long, I want to put on record the potential impact one of the measures in the Bill could have on the Welsh economy. Wales has a significant number of EU workers and, as they lose their right to freedom of movement in the UK and contemplate applying for visas, both their futures here and the potential damage to the Welsh economy give rise to concern. A report in June of last year from the Wales Centre for Public Policy found that the proposal that the existing salary threshold of £30,000 for tier 2 visas be maintained would have a significant negative impact on economic growth in Wales, reducing GDP by between 1.1% and 1.6%. Nearly 50,000 of our full-time workers are from the EU, and 65% of those earn below the proposed threshold. The Migration Advisory Committee has been asked to look at whether the salary threshold should be the same or different across the UK, I look forward to the publication of its report—hopefully before the immigration Bill comes to this House.
My third and final issue is taken from the briefing documents that accompanied the Queen’s gracious Speech, in which the Government outline their economic plans for Wales. There is much I could comment on, but I want to focus on one sentence in the document that leapt out at me. It reads:
“The Government will upgrade the A55 as the main road transport artery for North Wales”.
This was mentioned by my noble friend Lord Thomas of Gresford in his excellent speech. It was also mentioned by the noble Lord, Lord Davies of Gower, in his excellent maiden speech; I extend to him a very warm welcome to this place. The A55 runs from Chester in the east to Holyhead in the west. It is a commuting route. It is a route that gives tourists access to our towns and villages; those of us who have lived in north Wales for many years still marvel at how quickly we can now get from A to B because of it.
However, the A55 is not just our local road. This stretch of road is part of Euro route E22, which begins in Ishim in Russia and runs through Moscow, Amsterdam and Leeds with the final part of the road ending in Holyhead, then going on to Dublin. Because it is such an important link between mainland Europe and Dublin, improvements over the years have been the result of Welsh Government and EU investment. The road does need upgrading: there is a need for hard shoulders where conditions allow; there are very few lay-bys; and there is a distinct lack of lay-bys big enough for lorries.
So why am I concerned? Well, powers over transport are devolved to Wales, and I wonder whether this upgrade of the A55 is suddenly considered the UK Government’s responsibility. Is this an example of the Government bypassing devolution, or was that particular sentence in the briefing misworded? Perhaps the Minister can tell me what discussions the Government have had with the Welsh Government about the proposed upgrade.
Queen’s Speech
Baroness Humphreys Excerpts(5 years, 2 months ago)
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Baroness Humphreys (LD)
My Lords, I add my name to the tribute paid by the noble Lord, Lord Kennedy, to the noble Lord, Lord Bourne of Aberystwyth, who, thankfully, is still in his place. He gained the House’s respect and admiration on devolved issues and we will miss his wisdom and knowledge at the Dispatch Box. He has been a true friend to Wales, and I thank him very sincerely for his massive contribution to the devolution process.
Like the noble Lord, Lord Wigley, who spoke on day 2 of this debate, I read the Queen’s Speech carefully, hoping to find some reference to Wales—something to show that the Government understood that for the devolved Administrations the process of the further transference of powers is important. From these Benches, my colleagues have, in the past, made the case for the powers highlighted in part 2 of the Silk commission’s report to be transferred to the Welsh Assembly: further powers over transport, energy, broadcasting and youth justice, among others. We have also made the case for the funding of Network Rail in relation to Wales and for new powers for Wales’s Children’s Commissioner. The list is not short, so I am surprised and disappointed that the Secretary of State for Wales was unable to find support among his Cabinet colleagues to address at least one of these issues.
Last year we deplored the Government’s decision to turn their back on major infrastructure projects in Wales: the electrification of the railway line from Cardiff to Swansea and the Swansea Bay tidal lagoon scheme. I look forward to hearing the Chancellor's Budget Statement at the beginning of next month, to learn whether, now austerity is apparently over, at least one of those projects will make it back on to his list and we will, at least, get a mention.
I am a federalist who has always supported devolution, believing that the devolution process Ron Davies talked of would eventually lead to the destination of a federal UK with a mature, mutually respectful system of government of equals. But progress is slow and, as the noble Lord, Lord Brooke of Alverthorpe, suggested earlier, opinions in Wales are beginning to diverge. This year we have seen a number of independence marches across the country—not as large as the People’s Vote march we saw outside Parliament on Saturday, of course, but equally focused and as quietly determined.
Those of us who live in Wales have become used to a new political term this year:“indy-curious”. It describes people—unionists, federalists and the hitherto uncommitted—who want to know more about independence and how it would work for the people of Wales. They are both Welsh and English speakers, who have watched the Brexit fiasco over the past three years and come to the conclusion, even before the Prime Minister’s latest plan to create a new economic border in the Irish Sea, that the prospect of Irish reunification is an increasingly real one, as is the prospect of Scottish independence.
The vision of a future UK consisting of Wales and England only is the one that the indy-curious find less than attractive. Just as remaining in the European Union is best for the UK’s economy and security, I believe that Wales remaining in the UK is best for Wales’s economy and security. However, the Government should understand that, if there are increased calls for independence for Wales, they will be fuelled by the pragmatism of the indy-curious and not necessarily just by nationalism.
A recent Welsh Government report, Reforming our Union, has concluded that this Parliament should allow Wales to hold an independence referendum if politicians who call for one win an Assembly election, and that the UK must be open to Wales voting to quit the union. In comments on the report, Mark Drakeford, the Welsh First Minister, himself a unionist, said that the parliamentary sovereignty model in which the UK Parliament is the highest form of authority in the land does not,
“provide a basis for the future”.
The fault-lines in our union are showing. The self-styled Minister for the Union, who is prepared cavalierly to break from the European Union and carelessly begin the dismantling of the UK by placing an economic border in the Irish Sea, needs to understand that giving himself a fine-sounding title will not in itself heal this fracturing union. That will require leadership and the ability to listen, to compromise and to put aside partisan opinions and make decisions that benefit everyone—but, above all, it will require a change in attitude.
English paternalism, however well meaning, has had its day. The devolved Administrations are reaching maturity and have their own visions of their future. I would prefer that future to be one that sees the nations of the UK working together as equals. If this union is to survive, the Government need to take action to secure it.
Devolved Administrations: 20th Anniversary
Baroness Humphreys Excerpts(5 years, 7 months ago)
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Baroness Humphreys (LD)
My Lords, I am delighted to take part in this debate and to join in the celebration of 20 years of devolution to Wales, Scotland and Northern Ireland. It is an issue that has been a massive part of my adult life, and I welcome the progress that I have seen.
For those of us of a political disposition in Wales, the defining question has always been: do you believe in independence or in home rule for all the nations of the UK, or do you believe in what used to be the status quo—government from London? In the late 1970s, when I was a political animal searching for a political home, even though I lived in Liverpool at the time I realised that that question would still define my decision. My political home became the then Liberal Party. The party of Lloyd George still carried his commitment to home rule and, to me, devolution of powers to the nations of the UK under a federal system was the most sensible and pragmatic way forward. I believe that it still is and hope that it still could be.
I was a Member of the National Assembly for Wales for a relatively short time in its first session in 1999. It was a heady, exciting but sometimes confusing time, as the dream was replaced by reality and the Assembly struggled to find its purpose. The initial settlement conferred on our National Assembly was different from that for Scotland. Without the ability to pass its own primary legislation, our new Assembly sometimes seemed a toothless dragon.
In 1997, the dragon had been ready to roar. The result of the referendum, narrow as it was, buoyed us all. The yes campaign had been well organised. I pay tribute to those Members of this House who led that campaign: my noble friends Lady Randerson and Lord German and the noble Lords, Lord Hain and Lord Wigley. Those of us who supported that campaign owe them our gratitude.
The first couple of years of the National Assembly were dogged by political instability and it was obvious that a partnership Government would be required. In 2000, the Liberal Democrats joined the Labour Party to form that partnership Government. My noble friend Lord German became Deputy First Minister and my noble friend Lady Randerson took on the role of Minister for Culture, Sport and the Welsh Language. This made my noble friend the first female Liberal in the party’s history to hold ministerial office.
Both my noble friends made an impact on the Assembly, with my noble friend Lady Randerson introducing Iaith Pawb, the first attempt by the Welsh Assembly Government—apologies to the noble Lord, Lord Wigley, but it was the Welsh Assembly Government at that time—at a policy on the Welsh language. This was introduced in March 2003 as A National Action Plan for a Bilingual Wales.
As we celebrate its 20th anniversary, the National Assembly for Wales is no longer a toothless dragon. As other speakers have pointed out, in 2007 it gained partial powers to pass primary legislation and gained full legislative powers in 2011 following a referendum where two-thirds voted in favour. The Wales Acts of 2014 and 2017 extended the range of policy areas over which the Welsh Assembly now has control, and I am proud that I was able to play a very small part in the debates on the two Bills.
It would be a mistake to think that everything in Wales is now perfect. Among some of the electorate, there is a lack of understanding and knowledge about the powers and responsibilities of the Assembly, with some still astounded that the Conservative Government in Westminster are no longer responsible for the NHS and education in Wales. Perhaps that could be put down to the lack of media presence in Welsh government talked about by the noble Lord, Lord Wigley.
Within the Assembly, there are issues still to be addressed. An expert panel led by Professor Laura McAllister of Cardiff University concluded that the Assembly needs another 20 to 30 Members to do its work effectively. It also recommended that 16 and 17 year-olds be allowed to vote in Assembly elections and that future elections be held under the more proportionate STV system.
The need for further Members is increasingly obvious: the Assembly is taking on more powers, leading to the need for more legislation. More legislation leads to the need for more scrutiny and the Assembly Members outside the Executive are already hard-pressed to meet the current scrutiny needs. Poor scrutiny, as those of us in this House know, leads to poor legislation.
Wales needs a different electoral system, and the power to change it now lies in the hands of the Assembly. The present system, where 40 constituency seats are decided by the first past the post method and 20 regional top-up seats are decided using the d’Hondt system, has resulted in 20 years of either a Labour-dominated or a Labour-led Assembly. This is set to continue, but one-party government in perpetuity is not good for the Assembly, the electorate or, I would argue, the Labour Party itself.
When Professor McAllister produced her report in 2017, its recommendations were widely welcomed and it was anticipated that they would be put in place for the next Assembly elections in 2021. Unfortunately, that timescale appears to have slipped. I urge the Welsh Government to take these recommendations forward and ensure that our future Assembly has the tools to do its job and is truly representative of the people of Wales.
In the referendum of 1997, the people of Wales—probably unknowingly—followed the advice of Lloyd George, who said:
“Don’t be afraid to take a big step … You can’t cross a chasm in two small jumps”.
In voting for devolution, the people of Wales took that big step. I am convinced that those who voted for it do not regret their decision.
Like any other legislature, the Welsh Assembly will have its problems, but it will change, develop and grow. I wish it well for the next 20 years of its existence.
Brexit: Devolved Administrations
Baroness Humphreys Excerpts(6 years, 11 months ago)
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Baroness Humphreys (LD)
I too am grateful to the noble Lord for initiating this debate and for affording me the opportunity to contribute to it. My grateful thanks also go to my noble friend Lord Thomas of Gresford, who unfortunately cannot be here today and whose suggestions I have incorporated into my contribution.
So far, and despite warm words, the UK Government have denied any meaningful role to the Welsh Government in the negotiations for withdrawal from the EU. The Joint Ministerial Committee, the consultative body set up to co-ordinate relationships between Westminster and the devolved Administrations, meets only once a year. On 24 October 2016, with the Prime Minister in the chair, it agreed to set up a subsidiary Joint Ministerial (EU Negotiations) Committee, whose purpose was to seek a UK approach to, and objectives for, Article 50 negotiations.
At the first meeting of the new committee on 9 November 2016, chaired by David Davis, with the Secretaries of State for Scotland, Wales and Northern Ireland and Ministers from the devolved Governments in attendance, it was agreed to develop a work programme to ensure its connection to and involvement with the process of negotiations. Ministers agreed to meet monthly to share evidence and to take forward joint analysis that would inform that work programme.
Meetings took place monthly until February 2017, but then the committee ceased to meet for eight months. The undertakings to work constructively together were flouted. During that gap, the Government served the Article 50 notice in March and negotiations with Michel Barnier began in June. The devolved Administrations were left out in the cold. Their frustrations were expressed in a letter from the Welsh and Scottish Secretaries to Mr Davis on 15 June. They complained that from the beginning the UK Government had used the meetings of the Joint Ministerial (EU Negotiations) Committee merely as an opportunity to rehearse their own well-published positions, and that there were no meaningful discussions on key issues with a view to all-round agreement. They sought agreement as to how the devolved Administrations would be represented in the negotiations, and asked for the resumption of regular meetings to fit in with the cycle of talks with Mr Barnier. They were also deeply concerned about the lack of engagement with them on the proposed great repeal Bill. They wanted discussions on future constitutional arrangements for joint frameworks and on the vital issues of replacing the existing funding streams for EU structural and agricultural funds. Their letter was ignored.
Meanwhile, in July the European Union (Withdrawal) Bill was published. It began its stages through the Commons in September. Members of all parties in the devolved parliaments were concerned to read in the Bill that the UK Government proposed to take over from Brussels all the existing powers exercised by the EU. That included 64 areas of government that have all been devolved to Cardiff, including the environment, fisheries, agriculture and trade. The proposal was and is that only Westminster can dictate changes to retained EU law. The main mechanism for these changes is by way of ministerial diktat in the shape of statutory instruments or Orders in Council.
I turn to the future of the Welsh economy and the prosperity of Wales. Under the existing Brussels regime, decisions on funding—for example, on agricultural support or structural funds for deprived areas—have been based on need, but UK Governments base their funding of devolved Administrations not on need but on the heavily criticised Barnett formula, which is based upon a crude population headcount. Under the provisions of the withdrawal Bill in its present form, nothing will prevent Ministers changing the basis of funding from the EU model to a Barnett-type model. The balance of power at Westminster tilts heavily towards England—that is where the bulk of the voters are—and no doubt domestic English politics will become a major factor in distributing funding.
What role do the Government now envisage for the devolved Administrations in the negotiations for a trade deal with Europe that are about to start? Will the Government undertake to put the Joint Ministerial Committee and its offshoots on a statutory basis? Are they prepared to use the Joint Ministerial Committee as a forum not just for consultation but for agreement on the UK-wide frameworks which need to be put in place? Will they, finally, base their funding decisions on need?
The Motion speaks of strengthening the union, but that depends on the devolved Governments being treated with parity of esteem with the UK Government in the Brexit negotiations and what follows afterwards.