Debates between David Jones and Hywel Williams during the 2015-2017 Parliament

Mon 11th Jul 2016
Tue 14th Jun 2016

Wales Bill

Debate between David Jones and Hywel Williams
Monday 11th July 2016

(7 years, 10 months ago)

Commons Chamber
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David Jones Portrait Mr David Jones (Clwyd West) (Con)
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I will speak briefly to amendment 161 in my name and those of my hon. Friends the Members for Brecon and Radnorshire (Chris Davies) and for Vale of Clwyd (Dr Davies). It would amend schedule 1 to the Bill by reserving the setting of speed limits in Wales and the design of road and traffic signs. The whole purpose of devolution should be to make life not more difficult but easier. We will be debating a great many practical amendments to the Bill this evening and this is one where the practical purpose of devolution would be better served by reserving such competences.

Dealing first with speed limits, I strongly suggest that it would be highly counterproductive for speed limits to differ between England and Wales because the road systems of England and Wales are closely integrated. Every day, many thousands of commuters travel backwards and forwards across the border. At certain times of year, such as holiday periods, there are considerable numbers of visitors from other parts of the United Kingdom and the continent of Europe. Such people are not confined to the principal arterial routes of the M4 and the A55, because several other important routes—going both east to west and north to south—cross the border. I am particularly thinking of the A483, the principal route between Manchester and Swansea that crosses and re-crosses the border at several points, and the A490, another well-known border route. To have different national speed limits at distances of possibly every two or three miles would be at the very least confusing and at the very worst positively dangerous.

The context of England and Wales is different from the context of England and Scotland because the integration of the road network between England and Wales is far closer. Given the practicalities, it makes no sense whatsoever to devolve the setting of speed limits to Cardiff.

Hywel Williams Portrait Hywel Williams
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I am following the right hon. Gentleman’s argument with considerable interest. Is he saying that motorists are unable to cope with speed limit changes that are signalled by appropriate signs? I know of a stretch of road in my constituency where the limit goes from 40 mph to 30 mph to 20 mph and then back to 30 mph and then 40 mph over a distance of about a mile.

David Jones Portrait Mr Jones
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I think it is fair to say exactly that; the hon. Gentleman will remember the former chief constable of North Wales who generated substantial funds out of motorists’ inattention to speed limits. My point is not so much about local speed limits but about national speed limits. It is far more sensible if the national speed limit is set by the Department for Transport in London—if necessary, in consultation with the Welsh Assembly Government. Given that there is such a closely integrated main transport road network between the two nations, it makes no sense to have differential speed limits.

The second point I wish to make is about road signs and I do so principally on the same grounds; as we have such a closely integrated road network, there is the potential to cause considerable difficulty if the Welsh Government were to decide, for whatever reason, completely to redesign road signs. Again, that would be not only confusing, but positively dangerous. The competence for the design of road signs should remain with the DfT in London, although there should be consultation with the Welsh Government.

Hywel Williams Portrait Hywel Williams
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Is the right hon. Gentleman’s contention based on any research? I recall, and so will he, the extensive debate in Wales about having Welsh language road signs or bilingual signs. Research was done on various aspects of that, by the Road Research Laboratory, the AA and various people, and they predicted all kinds of doom should we have bilingual signs. Can he point us to any similar research on road signs or differential speed limits?

David Jones Portrait Mr Jones
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I have no objection whatever to bilingual road signs—they should be positively encouraged. This is not so much about the language as about the design of the signage. Most of our road signs follow standard European norms, although they may not in the future. If we are to have consistency and avoid danger to motorists, we should have consistency in the design of road signage.

Wales Bill

Debate between David Jones and Hywel Williams
Tuesday 14th June 2016

(7 years, 11 months ago)

Commons Chamber
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Hywel Williams Portrait Hywel Williams
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No doubt that is something that we will debate. I relish the opportunity to discuss the reservations and hear the Secretary of State or his colleagues justify them. The explanatory notes include a description or explanation of the reservations but, as far as I can see, there is very little justification for them. I therefore look forward to hearing about that in subsequent debates.

The report by the Wales Governance Centre and University College London on the draft Bill described the list of reservations and said:

“Complexity is piled on complexity...the potential for legal challenge casts a long shadow.”

I see little evidence that the revised list is much clearer. It remains, alas, a lawyer’s playground. As I have said, the shift to a reserved powers model was supposed to be made in tandem with a shift in mentality—that is extremely important—to determine what needed to be reserved, rather than what should be devolved. It is clear that the Secretary of State has instead facilitated a Whitehall trawl of the powers—a pick and mix of what the Sir Humphreys fancy bagging for themselves—sometimes based on principles no deeper than the chance to shout “Mine!”

If the Secretary of State is serious about creating a lasting devolution settlement, he cannot simply flip the current settlement from the conferred powers model to the reserved powers model, then allow Whitehall to pick and choose which tasty bits of power they want to hang on to. The process must be built on principles. I agree with the principles that he identified—clarity and coherence—but I would add proper subsidiarity.

Some time ago I had an entertaining lunch with the Irish Minister responsible for a new Irish language Act. He was quite candid, loquacious and hilarious. He had been to Canada and Quebec and had thieved—his words—a little bit of their language law. He had been to Wales and has snaffled bits of ours. He had been here and there in the rest of Europe, and hey presto, here was their language bill. We do not need to roam two vast continents, stitching together a bit of this and a bit of that. A model is already there for the borrowing and—perhaps Plaid people will forgive me for saying this—it is a home-grown British model called the Scotland Act.

The Silk commission hoped that moving to a reserved powers model would be a chance to rewrite the settlement to remove some of the defects of haste and inconsistency that have so far marred legislative devolution in Wales. The list of reservations does not reflect that hope. The director of the Wales Governance Centre has described the Bill as being underpinned by a “patronising attitude” and as continuing to regard Wales as “enjoying a lower status” than the other devolved nations. In practical terms it will undoubtedly lead to more blame shifting between Cardiff and London. That is the last thing that people in Wales want and the last thing that the governance of the people of Wales requires.

Both the Welsh Affairs Committee, which has a Tory majority, and the National Assembly’s Constitutional and Legislative Affairs Committee, which was also chaired by a Tory, recommended that each reservation should be individually justified. That recommendation has been ignored and, as I said, I look forward to hearing the Secretary of State or his colleagues making up for that as we go into Committee.

The Wales Governance Centre has offered a list of considerations for identifying functions that should be devolved: is it necessary to retain function X for the functioning of the UK as a state? Does retention of Y make the governance of the UK less clear or comprehensible? Does retention of Z undermine the workability, stability or durability of the devolution settlement? These are the questions that the Secretary of State should be asking himself for each and every one of the reservations in the Bill and I hope we will have time to hear him go through those steps. Simply making hundreds of reservations for no given reason is not acceptable, particularly when the real rationale seems to be a deeply suspect power grab by Departments of Government that have failed Wales so spectacularly over the past few years.

David Jones Portrait Mr David Jones
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The hon. Gentleman is making a very good speech. He talks about the need to analyse each and every one of the proposed reservations. Does he think that two days in Committee will be sufficient to achieve that?

Hywel Williams Portrait Hywel Williams
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I am not sure. I am in two minds about that. If we have full days of debate, that might indeed be the case. I have been here too long, so I remember days of Welsh debates which have been interrupted by statements, urgent questions and all kinds of shenanigans that have led to Welsh debates being curtailed. If we have protected time, we shall see. I think my hon. Friend the Member for Carmarthen East and Dinefwr (Jonathan Edwards) will be looking into this point further in his remarks and I hope the right hon. Gentleman will be here to hear him.

I challenge the Secretary of State to respond today and offer justifications for why he believes the people of Wales do not deserve the same responsible government as the people of Scotland. As has been said, the Secretary of State voted for the Scotland Act. He voted to give the people of Scotland a Government with full control of Scottish natural resources, policing and criminal justice. He voted to make the Scottish Government responsible for raising a significant proportion of the money that they spend. He has also voted to devolve policing to Manchester, yet he refuses to do so for Wales. What practical reasons are there to insist that Welsh police forces follow the agenda of English forces? Those who were fortunate enough to be in the House last night would have heard my hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts) making just those arguments. What reason is there for focusing largely on problems prevalent in urban England, such as knife crime, rather than on meeting the needs of Wales, and in my case, particularly of rural Wales? What practical reason is there for setting, for example, a 350 MW limit on the Welsh Government’s power over energy—a point that I made to the hon. Member for Newport West (Paul Flynn), who is no longer in his place—when there is no such limit on the Scottish Government? I raised the wholly practical question about that in my point to that hon. Gentleman. I will expand a little on it now, with the permission of the House.

A local hydroelectric scheme in Snowdonia was going to limit itself to 49 MW—that is the old limit. Those involved told me quite plainly that that was to avoid the entanglements of London bureaucracy. Now they are aiming for 350 MW, and they could produce more, but why should we skew reasonable economic development on the basis of a number that has, as far as I can see, been plucked out of the air? I would like to know why the figure is 350, and not 351 or 349.