Wales Bill

Debate between Baroness Humphreys and Lord Elis-Thomas

Monday 13th October 2014 Lords Chamber

[Lord Elis-Thomas (PC)]

My Lords, it is always a delight to follow a debate proposed by the noble Lord, Lord Rowe-Beddoe, and spoken to by the noble Lord, Lord Richard—to whom I owe a great debt of gratitude for having defined an ideal model in 2004 of what the National Assembly could have been.

My Amendment 9 has a whiff of relative autonomy about it, which will not surprise noble Lords. Although I deny being a separatist and I am not an upper-case Nationalist, I am certainly an avid, totally committed, complete devolutionist. My amendment—which my noble friend supports—proposes that the Assembly should decide its own size. No doubt many constitutional objections will be put forward to this notion. However, the amendment proposes that the decision should be subject to the very important principle of a majority of not less than two-thirds of voting Assembly Members on a vote of the whole Assembly. That is a feature we have already in our constitution—and use regularly. It applies to dissolution Motions and other Motions within our procedures.

My amendment has the support—and I had the assistance in drafting it—of the Electoral Reform Society Cymru. I will not detain the Committee by quoting from Size Matters—I know the Government have read it. However, it provides a comparative analysis of the size of national Assemblies—that is Parliaments; we will come to this at a later stage this evening, perhaps with the noble Lord, Lord Elystan-Morgan. The key issue is the ratio of Members to the size of the electorate in a given constituency, and the relationship between the two. It also looks at the legislative Assemblies of other comparable European regions or nations— whatever you wish to call them. Again, it looks at their size in relation to function. What is relevant in this analysis is the functional level. In other words, with the amount of devolutionary power that the National Assembly for Wales already has, we are reaching the norm of the European Union—and the Canadian provinces, another comparator. However, we are nowhere near the norm in terms of the number of Members.

Therefore, this amendment would give the National Assembly the ability to decide its own membership subject to the agreement of a two-thirds majority of Members. This is a proper devolutionary measure for the nature of the constitution itself. I know that that is a difficult concept for the Committee to understand. I am sorry to say that the United Kingdom is still an extremely centralist state. It is not a unitary state and never has been. It is a state of unions and those unions are different, for historical reasons. But the nation of Wales, despite the great time we had during the Tudor ascendancy, is not well placed in the pecking order of UK devolution. This amendment seeks to redress that. I know the Government will not be able to accept the amendment because it is too autonomous—but it is a constitutional principle that it is important to present in this discussion.

[Baroness Humphreys (LD)]

My Lords, I welcome this opportunity to return to a theme I referred to briefly at Second Reading: the issue of the size of the Assembly. I am also pleased that our debate today may inform opinion in Wales on the number of AMs needed to run our Assembly effectively. My amendment recognises that the Assembly has too few Members to carry out its present functions. It also recognises that there is a simple way to increase its size to 80 Members for the next Assembly elections to be held in 2016, and further recognises that an Assembly of 100 Members at the 2021 elections is possible but dependent on a reduction in the number of MPs that Wales sends to Westminster.

In its publication, Size Matters, the Electoral Reform Society, drawing on the work of the Wales Governance Centre at Cardiff University, the Institute of Welsh Affairs and Cymru Yfory/Tomorrow’s Wales, argues that the size of the Assembly is a matter that is,

“too important to be left to politicians”.

However, politicians, whether here or in Cardiff Bay, will ultimately have to make a decision: a decision that will give the National Assembly the tools that it needs to make it the accountable and efficient institution we desire it to be, or leave it overburdened and struggling to cope with its powers.

We are urged, in all our deliberations, to come to evidence-based decisions, and Size Matters provides us with the unbiased evidence we need to guide those deliberations. Of course, it is and would be difficult for Assembly Members themselves to make the case for an increase in their numbers. Fear of criticism from the media and the electorate results in their remaining silent in public. However, privately many will confess that there are too few of them to hold the Welsh Government to account or to scrutinise the volume of legislation for which they are responsible.

The noble Lord, Lord Richard, has already referred to the fact that with only 60 Members—and only 70% of them, 42 Members, available for scrutiny work at present—their ability to undertake this work is seriously compromised. In the UK Parliament, 85% of Members are available to undertake scrutiny and legislative functions; in the Scottish Parliament, 88%; and in the Northern Ireland Assembly, 85%. There are too few Assembly Members to populate the committees where scrutiny takes place, and because of time constraints arising from other duties they are less able to develop the specialist expertise needed to optimise their effectiveness. Because of this, and the increase in the number of plenary sessions, the Assembly’s own remuneration board has increased the staffing allowance for AMs to allow them three staff members to support their research, policy and constituency work, and is even now giving further consideration to increases that will allow each Assembly Member to appoint a senior adviser.

However, appointing more support or research staff misses the main point. It does not address the issue of AMs being unable to find the time to read papers, however well prepared by their staff, and to prepare for committees. That has led to a strengthening of the Executive, with well briefed Ministers apparently able to run rings around AMs who do not have time to read their briefings.

In these times of austerity, proposing an increase in Members to the National Assembly for Wales is hardly likely to be popular. Arguments we make about workload, efficiency, effective scrutiny, accountability and holding the Executive to account will all seem insignificant to an electorate more concerned about costs. However, the truth is that we get our Assembly on the cheap compared to other legislatures. The average annual cost of an Assembly Member, including pay, travel and other expenses, support staff and equipment is £225,000. The annual cost of an MP is £590,000 and that of an MEP is £1.8 million. Based on those figures an 80-Member Assembly would cost an extra £4.5 million per annum and a 100-Member Assembly an extra £9 million. The Electoral Reform Society’s publication argues that this,

“would be a small price to pay”,

given the benefits that would flow from increased accountability and better scrutiny.

That cost could, however, be offset by the better use of existing resources if Wales had fewer MPs and Peers at Westminster, fewer paid councillors and more AMs instead. The case has long been made for a reduction in Welsh MPs. Each Welsh MP has an average electorate of 76,000 while the figure for the UK is one Member per 97,000. While Scotland cut its number of MPs from 72 to 59 in 1999, Wales did not.