Oral Answers to Questions

Jonathan Edwards Excerpts
Wednesday 8th March 2017

(7 years, 8 months ago)

Commons Chamber
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Alun Cairns Portrait Alun Cairns
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I will happily meet the hon. Gentleman, although I do not necessarily recognise his message about our approach to Brexit—we want a deal that works for every part of the United Kingdom.

I am sure that the hon. Gentleman would welcome the fact that unemployment across Wales is lower than the UK average, which is remarkable considering the industrial heritage of constituencies in Wales such as the hon. Gentleman’s. I will happily work with him on the issues he raises in connection with the Department for Work and Pensions.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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In his evidence to the Brexit Select Committee yesterday, Cabinet Secretary Mark Drakeford also said that the Welsh Government were, disgracefully, not made aware of the UK Government’s 12-point Brexit plan or their White Paper. What is the Secretary of State doing to ensure that the Plaid Cymru-Welsh Government Brexit White Paper is fed into the article 50 letter and accompanying documents?

Alun Cairns Portrait Alun Cairns
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The Welsh Government’s White Paper on exiting the European Union was considered by the Joint Ministerial Committee at the end of February, and we have a significant amount of common ground. The Welsh Government talk about “unfettered access”, while my right hon. Friend the Prime Minister has talked about “frictionless” access and trade. We can work on the basis of a lot of common ground, and I am optimistic that we will continue to work in a positive environment with the Welsh Government and the other devolved Administrations to secure a Brexit deal that works for every part of the United Kingdom.

Leaving the EU: Infrastructure in Wales

Jonathan Edwards Excerpts
Tuesday 17th January 2017

(7 years, 10 months ago)

Westminster Hall
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Stephen Doughty Portrait Stephen Doughty
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I absolutely agree. That is pretty fundamental when it comes to relationships with the devolved Administrations and legislatures. It is all very well to say “engage” in this vague way, but what does that mean? Is it simply window dressing? Are we in the devolved Administrations just to accept whatever the UK Government come up with, without any question or scrutiny? That is even harder to do without a White Paper.

There was much in it I disagreed with and contested, but the Scottish Government before their independence referendum published a very detailed White Paper. We simply do not have that. We are told that these 12 principles and this speech today are all we have before we enter one of the most fundamental changes to impact Wales and this country for generations to come.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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The hon. Gentleman mentioned the Scottish Government. They produced a Brexit White Paper. The Welsh Government are about to publish their own Brexit White Paper. Is it not bizarre that the one Government responsible for delivering Brexit are not going to publish their own White Paper?

Stephen Doughty Portrait Stephen Doughty
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We do not always agree on everything, but I absolutely agree with the hon. Gentleman on that—particularly when we see very different visions emerging from members of the Cabinet as to what a post-Brexit UK and Wales might look like. We heard the Chancellor of the Exchequer suggest in Germany that the UK is going to have a race to the bottom and be a completely deregulated tax haven on the fringes of Europe. That is not what I believe the people of Wales voted for. They voted for a strong economy with strong rights. They might have had different views on immigration or the democratic deficit there has been in parts of the EU, but they did not vote for a race to the bottom or for us turning into some sort of Gibraltar or one of our overseas territories on the fringes of Europe.

Leaving the EU will have a significant impact on the funding and development of infrastructure in Wales. We all know of examples in our constituencies of where European funding has delivered results, whether that is in community facilities in Butetown in my constituency, road infrastructure or science and innovation in our universities. We have no clear answers as to what will happen to that infrastructure support for Wales post-2020 and what will replace it. Businesses and investors need certainty about the infrastructure and environment that will support their long-term decisions, so it is vital that we have greater clarity. We need clarity in particular on issues such as loans made by the European Investment Bank, which I will come on to, and the specific assessment criteria that will be used to guarantee funding for projects signed after the autumn statement but while we remain a member of the EU.

I am sure that many hon. Members will mention individual projects. I will give some examples. EU funding in recent years has supported many infrastructure projects—for example, through £40 million towards Swansea University’s new Bay campus; nearly £4 million towards the development of the Wales coastal path; £9 million towards Rhyl harbour; and the dualling of the A465, the “heads of the valleys road”. Many prospective infrastructure projects are yet to be properly finalised, such as the Swansea Bay city deal, the North Wales growth deal, the tidal lagoons and the South Wales metro, which I raised in a previous debate and is of great concern to my constituents in Cardiff South and Penarth. Of course, the uncertainty around those projects has not only been caused by the referendum result; there are other factors at play, but that is a crucial part of whether those projects go forward.

Oral Answers to Questions

Jonathan Edwards Excerpts
Wednesday 30th November 2016

(7 years, 12 months ago)

Commons Chamber
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Guto Bebb Portrait Guto Bebb
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I could not agree more. Such investment is welcome, and I pay tribute to the Secretary of State for Defence for his part in ensuring that that investment came to north Wales. North-east Wales is an engineering powerhouse in the UK economy, and the investment in the F-35 project is welcome and further enhances engineering opportunities for young people in north-east Wales.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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At the beginning of this year, FieldMaster Tractors Ltd, a tractor assembly company in my constituency, signed a joint venture agreement with Longhua, a Chinese company, that would have created 40 jobs in my constituency with aims of expanding. Last week, the owner received notification from China that the deal was off due to uncertainty about our future trading relationship with the European Union. Does the Minister recognise that the UK Government’s dithering over Wales’s future relationship with the single market and the customs union is costing jobs now?

Guto Bebb Portrait Guto Bebb
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I am disappointed to hear that news and would be more than happy to discuss it with the hon. Gentleman—any loss of investment in Wales is to be regretted. He is wrong, however, to talk about dithering. The Government are clear that we want strong trade relations with the European Union and with the rest of the world. Any Chinese investor looking at the UK knows that this country is friendly to investment from all parts of the globe.

Leaving the EU: Wales

Jonathan Edwards Excerpts
Tuesday 25th October 2016

(8 years, 1 month ago)

Westminster Hall
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Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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It is a pleasure to serve under your chairmanship, Mr Bailey. I congratulate the hon. Member for Aberavon (Stephen Kinnock) on securing this debate. I agree with much of what he said in his excellent introduction.

As a democrat, I fully accept the referendum result, but that does not mean that the ideological Brexiteers in charge of Government policy at the moment can act with impunity. There is an ongoing fight for the type of Brexit we will have, and my priority is to campaign for the least damaging option for the Welsh economy and for Welsh funding and finances. That is why Plaid Cymru and I have been united in our campaign to maintain membership of the single market and the customs union from the very beginning. That would be by far the least damaging option for the Welsh economy, first, because there are wide-reaching benefits to being a single market and customs union member for trade in Wales; and, secondly, because it will enable Wales to qualify for certain cross-border and transnational programmes for research and innovation funding, which the hon. Gentleman mentioned in his opening remarks.

Wales is more exposed to a hard Brexit because we are an exporting economy. We have a trade surplus of £5 billion per annum, whereas the UK has a massive trade deficit. Wales’ great trade figures are aided by our membership of the single market—the world’s largest trading bloc—and the 53 international trade deals that we have by being a part of the customs union. The Centre for Economics and Business Research found that more than 4 million jobs directly and indirectly depend on exports to the EU. That is approximately 200,000 jobs in Wales—about 14% of our workforce. That should make our eyes water.

The hon. Gentleman talked in great detail about many of the different types of funding streams that we qualify for due to our membership of the European Union. The UK is the most unequal member of the European Union, in terms of the geographical gap in wealth. The richest region in northern Europe is London and the south-east. Nine of the poorest regions in northern Europe are also in the UK. Tragically, they include the communities that I and many colleagues here serve.

In contrast, the UK has no regional policy for moving wealth from richer to poorer parts of the state. The EU has a very successful regional strategy, and Wales has qualified for three rounds of the highest form of structural funding. Of all the funding streams that we receive from the European Union, the loss of that structural funding—we probably qualify for a fourth round, given the state of the Welsh economy at the moment—would be the biggest hit for us. We could also lose very cheap finance from the European Investment Bank, which has helped to deliver the excellent new campus at Swansea University, which the hon. Gentleman mentioned.

Wales has benefited from many other EU funding opportunities, including for agriculture, fishing and rural areas, education, training, and research and innovation. The education, training and research schemes will still be available to us if we remain a member of the single market and the customs union, but the huge support our rural economy receives in common agricultural policy payments will not. I believe that we received about €3 billion to support our rural economy between 2007 and 2013. Our economy depends on those streams. Even under my preferred deal, we would not qualify for CAP payments. Norway gets around that by paying the CAP payments and tariffs that it would receive if it were in receipt of CAP. Unless we have those guarantees from the UK Government, I fear dark days lie ahead for the rural economy and the Welsh economy as a whole. Diolch yn fawr iawn.

Oral Answers to Questions

Jonathan Edwards Excerpts
Wednesday 19th October 2016

(8 years, 1 month ago)

Commons Chamber
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Alun Cairns Portrait Alun Cairns
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I pay tribute to my hon. Friend for the work he has done on this important issue. I think he drew attention to it at one of the first meetings immediately after the general election, and that started the discussions that have led to the Growth Track 360 proposal. There are growth elements and transport infrastructure elements, and it is important that we ensure that those come together for the benefit of the whole region. I am happy to work with him and with the Department for Transport as we approach the control period 6 considerations that will take place in due course.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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I, too, associate my party and myself with the Secretary of State’s comments on the Aberfan disaster.

The Treasury aims to pool local government pension schemes in Wales and England to create wealth funds to invest in infrastructure, with each fund containing accumulated assets of £25 billion. Combined Welsh assets amount to £13 billion, meaning that if the Treasury has its way, Welsh funds will be swallowed up by a cross-border pool. Will the Secretary of State demand a specific Welsh wealth fund so that the contributions of Welsh local government workers are used to invest in infrastructure projects in Wales?

Alun Cairns Portrait Alun Cairns
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The hon. Gentleman raises a fairly technical area of policy. Appropriate economies of scale are involved in this. I am happy to discuss the details with him. The Welsh Government have made their views clear. However, it is not only about “Welsh money for Wales”—which, on the face of it, would sound good—but about having the economies of scale such that we can access funding elsewhere as well. Therefore, it is not necessarily the right thing, but I am certainly not closed to the idea.

Post Offices in Wales

Jonathan Edwards Excerpts
Tuesday 13th September 2016

(8 years, 2 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

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Guto Bebb Portrait Guto Bebb
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Clearly, business rates will vary from business to business, depending upon the area. Certainly business rates are an issue for many small businesses in the Welsh context, and the Wales Office is very happy to raise with the Welsh Government the need to ensure that we have a structure in place that is beneficial to small businesses.

There is a commitment to protect community post offices and, indeed, to invest in modernising them to ensure that they provide a service for local communities. It is worth pointing out that where community post offices are lost, they are quite often replaced by a mobile service. In my constituency of Aberconwy, a number of rural villages are now served by a mobile post office service.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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I will make only a brief intervention, as I know the Minister will want to answer the points raised by the hon. Member for Wrexham (Ian C. Lucas). In relation to the recent reforms, one issue that has arisen is the designation of sub-post offices, especially in some rural communities. For instance, we have a fantastic post office in Llangadog, but it has lost its community post office status, which means a loss of around £8,000 a year in grant. It has been designated a post office local because there is another shop in the village that could offer different services. The Post Office is playing businesses off against one another. Does the Minister agree that it is time we had a look at that and worked to strengthen those community post offices, giving them the support they need to expand the services they offer?

Guto Bebb Portrait Guto Bebb
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The hon. Gentleman raises an interesting point. It is difficult for me to comment on the particular situation in the village he mentioned, but in terms of the overall picture, the commitment to community post offices has been strong. For example, where a community post office is transferred to new ownership, the community status is maintained. I am more than happy to take representations in written format in relation to the particular village in question, but it is difficult for me to comment at this point in time.

Out of courtesy to the hon. Member for Wrexham, I should say that, although this is a debate about post offices in Wales, his comments were primarily about disability access in Wrexham. I understand the situation there. I was in Wrexham last Friday morning, speaking to a business professionals group, and Wrexham is in a very interesting situation. It is a thriving town in many ways, but there have been a number of retail developments in parts of Wrexham that have changed the centre of gravity on the high street.

I know Wrexham fairly well, having been born in the vicinity a long time ago. The changes on Wrexham high street are a concern to the hon. Gentleman; I fully appreciate that. I am also well aware, from reading the north Wales papers that he has highlighted, of the number of empty premises in Wrexham. It is important to note that the post office in Wrexham remains a Crown post office. Unlike the many agreements with WHSmith, the post office is run by Post Office members of staff. It is hosted by WHSmith but remains an independent Crown post office.

The hon. Gentleman’s summary of how the public consultation took place is similar to that provided by my officials. There was a six-week consultation period, which is par for the course when there is a possibility of moving a Crown post office to new premises. There must be a plan in place for accessibility. I understand that fewer than 10% of such moves have resulted in a post office facility being on the first floor, but the hon. Gentleman said that any such move is unacceptable.

It is important to note that the Post Office works within its own guidelines. That ensures that there is an assessment of accessibility, and I am more than happy to share those guidelines with the hon. Gentleman if that would be helpful. In addition to following the guidelines, it is necessary to consult and to ensure that people with disabilities have an opportunity to see whether the facilities work, and I understand that the hon. Gentleman attended when that opportunity was afforded. He highlighted that he felt ashamed of what he saw. I am surprised that that disappointment was not reflected in the consultation process. His concerns were not fed back in the wider consultation process.

The question of whether there should ever be a post office on a first floor has been highlighted, and the accessibility issue includes accessibility in terms of the law and the guidelines. The Post Office assures me that on both counts that is the situation in Wrexham. I take fully on board the comments of the hon. Gentleman, but highlight the fact that the process has been followed in accordance with the Post Office’s guidelines and ensuring accessibility. The hon. Gentleman is clearly of the view that that is unacceptable, but his comments have been heard by the Post Office today.

Wales Bill

Jonathan Edwards Excerpts
Monday 12th September 2016

(8 years, 2 months ago)

Commons Chamber
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Alun Cairns Portrait Alun Cairns
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I am grateful to the hon. Gentleman for the way in which he has made his intervention, but I would still underline the stability of the existing system and the certainty it provides. The title of the St David’s Day agreement was “Powers for a purpose” and I am still seeking to understand what additional purpose would be provided to anyone living or working Wales should there be a separate jurisdiction.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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The Secretary of State pointed to the administration of the courts in Wales and HMCTS, which has of course recently decimated court service provision across many parts of Wales, including the magistrates court in Carmarthen. When he talks about the benefits of a single jurisdiction, is that what he has in mind?

Alun Cairns Portrait Alun Cairns
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The consequence, of course, would be to spend more money on public sector administration such as that. That would preclude the new innovations the Ministry of Justice is seeking to introduce, and new innovations clearly provide new opportunities. There is the opportunity for new services to be brought closer to communities, should we look at how we can enhance and make the system more efficient.

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Paul Flynn Portrait Paul Flynn
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The greatest part of the movement that my party has built on over the years is the co-operative movement and its great pioneers. It is a shame that we have not developed it more as a principle. Here, however, we have the opportunity to advance that principle in relation to the reality of the railways.

The purpose of the new clause is to remove the inappropriate restrictions on the exercise of Welsh Ministers’ powers over the rail franchises when they are devolved next year. Let the Welsh Assembly be free to repeat the success of Glas Cymru. It has been agreed between the two Governments that Executive powers over Wales-only services will be transferred to Welsh Ministers. Once that has been achieved, it is important that they are able to operate the franchise in line with their policy priorities.

As things stand under the provisions of the Railways Act 1993, Welsh Ministers would not be able to open the franchise to public sector operators. Those restrictions no longer apply in Scotland, as was pointed out by my hon. Friend the Member for Neath (Christina Rees), and there is no case for them to apply in Wales. If the power is devolved, there should be no policy restrictions on its exercise. It must be open to Welsh Ministers to maximise the effectiveness and efficiency of public transport in Wales, including ensuring that alternative models are fully considered and that new opportunities are seized. For example, if the Welsh Government want to open the Wales and Borders franchise to domestic public sector operators, that should be a matter for them.

Jonathan Edwards Portrait Jonathan Edwards
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I congratulate the hon. Gentleman on new clause 3—it is strong Plaid Cymru policy—but it is based on the assumption that the franchise will be devolved. There have been warm words in the past, but it is unclear from the Secretary of State’s comments that that would actually be the case—hence my new clause 10. Does the hon. Gentleman know something that I do not? Will the powers definitely be devolved?

Paul Flynn Portrait Paul Flynn
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That is for the Government to say, but my understanding is that they will be devolved and that is the basis of new clause 3. Such a change took place in Scotland, where it was recommended by the Smith commission. It was agreed by the UK Government and legislated for in section 57 of the Scotland Act 2016, so if we look forward with optimism, the change will come about. The new clause would make equivalent provision for Wales. In short, there is no reason why the Railways Act’s prohibition on public sector operators should apply to Welsh Ministers.

Looking at the reality of what is happening in Wales, over the last 12 years for which financial information is available, Arriva Trains Wales accumulated profits after taxation of £149 million and paid out dividends of £134 million. An average of 91.7% of profits were paid out in dividends each year, with over 100% being paid out in three of those years. Dividends accounted for a total of 11.9% of passenger income over the 12-year period, meaning that a not-for-dividend alternative to the current fiasco could result in a similar decrease in fares.

Furthermore, public funding through franchise payments from the Welsh Assembly Government far outstripped the passenger income of Arriva Trains Wales, amounting to 160% of the passenger income figure. Alternatively, it could be said that 8% of the huge taxpayer subsidy is paid out as dividends. That makes no sense. We are subsidising dividends and not lowering fares. In summary, a saving of 8% to the taxpayer or a fare reduction of almost 12% could be delivered by adopting a public ownership or not-for-dividend model. I hope that the Government will seize hold of that bold venture

The separation of jurisdictions has been a matter of great discussion and I will not spend too much time on it as I think we are under time pressure. We have been grateful for the authoritative comments and deliberations. We are currently disinclined to support amendment 60, although we are sympathetic towards it. We were told that the Lord Chancellor and Welsh Ministers should keep the justice system under review with input from the UK Government’s proposed official working group, so we proposed the appointment of an expert panel to advise them on practical legal issues. This should be a transparent and sustained road to a solution and is also the desire of the Welsh Government. We would like to maintain the suggestions made by my hon. Friend the Member for Llanelli (Nia Griffith) in the Bill’s earlier stages, but there is so much going on at the moment with Brexit and so on that it would not be sensible to make such changes. It would be rather like trying to change a car’s pistons while the engine is running, so we will not support the amendment but we understand the need for change.

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As my hon. Friend the Member for Swansea East said, the Assembly has already called for powers: last March, it passed a motion calling on the UK and Welsh Governments to work together to devolve more powers over the licensing of gaming machines. It is right that decisions on how to tackle FOBTs are taken in Wales, as is the case in Scotland, and the new clause and associated amendments will allow the Assembly to take a lead in addressing the challenge of problem gambling, which is so associated with those machines. I therefore ask Members to fully support new clause 2.
Jonathan Edwards Portrait Jonathan Edwards
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Diolch yn fawr iawn, Mr Deputy Speaker. Amendment 67 and new clause 10, which are in my name and those of my parliamentary colleagues, would put the devolution of the Wales and Borders franchise clearly in the Bill, fulfilling the UK Government’s promise to do so. Before I get into my speech, may I say that I will gladly not say a word if the Secretary of State or the Minister intervenes to say that they will proceed with that promise and if they outline the legislative vehicle whereby these powers will be devolved to Wales?

Alun Cairns Portrait Alun Cairns
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We are negotiating with the Welsh Government over the use of a transfer of functions order under the 2006 Act.

Jonathan Edwards Portrait Jonathan Edwards
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The Secretary of State is telling us that he will introduce a statutory instrument once the negotiations are complete. In that regard, I will not be pressing the matter to a vote. I am glad that it is now on the record that he will keep that promise, which was made to the people of Wales in successive statements in the House by the former Prime Minister. Many people in Wales are slightly confused about why the promise has not been included in the Bill, but that is positive news, so I will cut my speech in half.

I would, however, like to raise an associated point about the way in which the franchise may be altered—or, to put it another way, butchered—by siphoning off the more lucrative routes. The Secretary of State is fully aware that those lucrative routes are very valuable to the franchise. The Welsh Government have to put in a huge subsidy, as I understand it, and £700 million was paid between 2011-12 and 2014-15. If those routes are taken away from the franchise, the public subsidy paid by the people of Wales for that franchise will increase significantly.

Mark Williams Portrait Mr Mark Williams
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The hon. Gentleman makes an excellent point about the finances of any such butchery, as he describes it. Does he agree with the great concern of several of my constituents about the impact of that butchery more generally in west Wales on well-established long-distance trade routes between Aberystwyth and Birmingham International or Manchester?

Jonathan Edwards Portrait Jonathan Edwards
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The hon. Gentleman makes a valuable point. That is why the franchise was constructed as it was, and it would be a travesty if the more lucrative routes were taken away. In his summing up, I would be grateful if the Secretary of State alleviated some of those fears.

Now that the Secretary of State has responded positively to some of the main issues that I wanted to raise, I will quickly turn to some of the other amendments in the group—two tabled by the Official Opposition, and the other by the Government—before I conclude. Plaid Cymru welcomes amendment 2, which would devolve the community infrastructure levy. As the hon. Member for Llanelli (Nia Griffith) said, it is associated with local government functions, and it makes total sense to synergise that levy in a devolved context. If the Labour party decide to press the amendment to a vote, we will support it.

In many ways, the principle behind amendment 2 is the same as that behind the Government new clause on the police and crime commissioner elections: because those elections are reserved, it is necessary to put that in the Bill. Amendment 2 clearly concerns something that is associated with a devolved function. I ask the Secretary of State to reconsider his position, if not today, then when the Bill is debated in the other place.

New clause 3 would remove restrictions in the Railways Act 1993 on certain public sector bodies bidding to operate a rail franchise in Wales. That is a long-standing Plaid Cymru policy. Many Labour Members, not least the shadow Secretary of State for Wales, have made powerful speeches about it, and when the time comes for a Division on the new clause, Plaid Cymru will support it. Based on what the Secretary of State said in his intervention, the new clause is not premature. It is pertinent that we make progress on it, and we will support the Labour party in the Division Lobby later.

Lastly, Government amendment 27 is a technical change relating to the wording around nationally significant infrastructure projects, and we see no reason to oppose it.

Susan Elan Jones Portrait Susan Elan Jones (Clwyd South) (Lab)
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It is a great pleasure to follow all the hon. Members who have spoken so far. As a child, I was intrigued to discover that it took an elephant two years to give birth, because that always struck me as a rather long time. So it seems with the Wales Bill, too, but it is good to be here at this stage of the journey.

I rise to speak in support of several important but practical new clauses and amendments, including amendment 1 and new clause 2 on fixed odds betting terminals. After the moving speeches by my hon. Friends the Members for Merthyr Tydfil and Rhymney (Gerald Jones) and for Swansea East (Carolyn Harris), I think many of us will feel genuinely fired up about the idea of transferring that power to the National Assembly. This is a power that can change people’s lives. This is a power that can do something about the addictive potential of these machines. I very much hope that amendment 1 and new clause 2 are successful.

I support, too, amendment 2, which would transfer power over the community infrastructure levy to the National Assembly. That will create closer links between planning and infrastructure, and it is a good and sensible place for the levy to be devolved to.

Many of my colleagues, including my hon. Friend the hon. Member for Llanelli (Nia Griffith)—my good friend—spoke in great detail about the new clause on railways. It is totally incongruous. It is a case of “Don’t mention the Germans”, a bit like John Cleese in “Fawlty Towers”. It is extraordinary that the Germans can run our trains, and yet public bodies in Wales do not have the right to bid for the rail franchises. Quite frankly, that is ludicrous.

I would like to make a point about amendment 61 on Welsh language broadcasting, because I am a bit sympathetic towards this. My hon. Friend the Member for Newport West (Paul Flynn) is the author of “How to be a Backbencher”. Now that he has a lot of good colleagues on the Back Benches, he can expect us to have read his book with great care. One of the things that good Back Benchers do is to make independent and pertinent points from the Back Benches.

It is somewhat peculiar that the power for the Welsh language is devolved—as it should be—to the Welsh Assembly, but that that is not the case for Welsh language broadcasting. Of course, S4C and many media organisations would be concerned about the proposal, because of the way in which the funding goes to the fourth channel through the licence fee, and I accept that there are practical difficulties with this. It is not that surprising that colleagues from Plaid Cymru—who, after all, want to devolve the whole of Wales—want to devolve this power, but some of the points made by the hon. Member for Arfon (Hywel Williams) on the matter were very pertinent.

This issue goes back to the last Parliament and the whole business of how S4C funding was dealt with, when a Minister from the Department for Culture, Media and Sport came to the Select Committee to tell us that he had never seen S4C but he had heard of Fireman Sam. To be perfectly honest, we must never go back to that shambles. We must never go back to a situation where there is no collaborative working between us in this House and the Welsh National Assembly. What happened in the last Parliament was not on, and it should never, ever be repeated.

I know that we have all enjoyed the Wales Bill and its numerous sittings. I was intrigued to remember that St David said “do the little things.” In fact, he did not say exactly that; he said,

“do the little things that you have seen me do”,

but I have often thought that if he had just said “do the little things”, it would have been very appropriate for us Members in this House going through the minutiae of the Wales Bill.

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Mark Williams Portrait Mr Mark Williams
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Thank you, Mr Deputy Speaker, for calling me as, I think, the last speaker on the first group of amendments. This Report stage has been characterised by rather more interest—

Jonathan Edwards Portrait Jonathan Edwards
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Apart from among the Tories.

Mark Williams Portrait Mr Williams
- Hansard - - - Excerpts

Indeed. There is increased enthusiasm for the Bill, comparing attendance on Report with that in Committee, at least on the Opposition Benches.

I very much concur with the hon. Member for Clwyd South (Susan Elan Jones) on what she said about the particular relevance of some of the amendments, not least the one on betting terminals, amendment 1, as well as new clause 2. A big overarching issue with such Bills is sometimes the question: how is devolution relevant to my life? If there ever was an amendment that would have direct relevance to how people live their lives and are able to be supported in their lives, it is that amendment.

New clause 3 on rail franchising is another such amendment. The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) kindly allowed me to intervene on that point. Whether we have the capacity to control the rail network from Aberystwyth to Birmingham International airport will have a direct effect on my local economy, and prove a great convenience or inconvenience to many of my constituents. Such important issues are about making devolution relevant, and about making important decisions that are relevant at the most appropriate level. I therefore very much support at least those two amendments.

I want to say a few words about amendment 60, tabled by the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), whom I consider a friend. She serves with great diligence on the Welsh Affairs Committee. Of all the issues we looked at during pre-legislative scrutiny of the now infamous Bill, which had so many flaws, the issue that gained most prominence was that of distinct or separate jurisdictions. The Members who have asked what that actually means should look at the amendment in detail. Indeed, they should also look at the excellent report that the Wales Governance Centre has produced today, which gives a clear indication of why this issue is important.

I happen to share, as does my party, many of the aspirations of my Plaid Cymru friends, but my hesitancy on amendment 60 is about the timing. The executive summary the of Wales Governance Centre report, which is very timely, says that

“the administration of justice will require continuing reform to accommodate increasing divergence between the laws and policies of England and Wales.”

That is a fact. Twenty-four pieces of legislation were passed during the last Assembly term, and there is a growing body of Welsh law that requires attention.

Sadly, the Government have shut the door on the issue. They set up a joint working group. I have seen the terms of reference, but I have not seen any report from the group. We do not know how the meetings have been undertaken, what the outcomes will be or what the outcomes will feed into in the future. That is why I look back with some regret to the Committee stage, during which an amendment calling for a commission on justice in Wales was rejected. As such divergence evolves and a body of Welsh law—it is recognised in this Bill, to the Government’s credit—emerges, there will be nowhere for it to go, which is why the idea of a commission was so important.

My problem with amendment 60 is that, as night turns into day, a great leap will be necessary. As Silk suggested, I think we need to consider a period of review and reflection—not vague, cul-de-sac, long-grass reflection, but something set up in statute, as would have been done by the official Opposition’s amendment in Committee, moved by the hon. Member for Newport West (Paul Flynn). The Wales Governance Centre has endorsed the idea of the need to look at and reflect on these issues, and to return to them in due course. Believe it or not, I suggest this issue will not go away; it will return. To our regret, the Government have shut the door on this issue.

Paul Silk said:

“There should be a review within ten years of the case for devolving legislative responsibility for the court service, sentencing, legal aid, the CPS and the judiciary to the National Assembly.”

His report is now an increasingly dated document. I have referred to it repeatedly, but it was some time ago. When the First Minister produced the Government and Laws in Wales Bill—the Plaid Cymru research department has mischievously used the wording of the Labour party’s Bill, as it was right to do in tabling its amendment—he said something very important when questioned by my colleague Kirsty Williams. He said, in accordance with Silk:

“Let’s not pretend that the devolution of justice is easy or that it can be done quickly. At the very beginning, we have to set up the expertise within Government to deal with issues of justice and to deal with the penal system, and that does take a long lead-in time. So, I think it’s a reasonable period of time—that 10-year period—in order to see justice devolved.”

Jonathan Edwards Portrait Jonathan Edwards
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The hon. Gentleman will be aware that our amendment 60 is, line for line, what the Welsh Government introduced as their alternative Wales Bill.

Mark Williams Portrait Mr Williams
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The hon. Gentleman is quite right. I have studied the amendment very carefully, as indeed I studied the Bill that the First Minister presented to the National Assembly and the exchanges between the party leaders about the wording of the Bill on 8 March. The First Minister laid great emphasis, as did my colleague Kirsty Williams, on the timing, and that is the crucial point. I happen to share the aspiration, but I have concerns about the timing. That is why I cannot support amendment 60 tonight—I will not vote against it—and why I am deeply saddened that the Government have not understood the real importance of the issue.

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Jonathan Edwards Portrait Jonathan Edwards
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I will speak on this issue in detail if I catch Mr Deputy Speaker’s eye later in the debate. The Minister will be aware that those powers were devolved to Scotland a matter of only a year or so ago, whereas the Silk commission reported four or five years ago. Perhaps the Silk commission would have come to a different conclusion if it reported now.

Guto Bebb Portrait Guto Bebb
- Hansard - - - Excerpts

The hon. Gentleman asks me to comment on a hypothetical assertion. I shall refrain from doing so, but it is important to highlight that the Silk commission considered very carefully the difference between the porous nature of the border between England and Wales and the situation in Scotland. On balance, it is my view that the Silk commission came to the right conclusion, which is why we will reject the hon. Gentleman’s proposals. The Wales Act 2014 legislated for the vast majority of the recommendations in the Silk commission’s first report, and our focus should be to work with the Welsh Government to implement it.

On new clause 8, the youth justice system, as with other elements of the criminal justice system, is not currently devolved, but significant responsibilities in relation to the management and rehabilitation of young offenders are exercised by local authorities in Wales, working in partnership with the police and devolved services such as health, children’s services and education. Devolved and non-devolved services already work successfully together in Wales to prevent youth offending, and to manage and support young offenders in the community. The Youth Justice Board provides national oversight and monitoring of those arrangements, and the Youth Justice Board Cymru has worked closely with the Welsh Government to develop a joint youth offending strategy. That establishes a coherent framework for all those involved in delivering youth justice services and ensures that there is an effective youth justice system that meets the needs of young people in Wales.

The Silk commission noted that many of the causes of youth offending relate to devolved matters, and its recommendation on devolution was aimed at promoting greater integration. However, there was no consensus in favour of devolution when youth justice was discussed as part of the St David’s Day process. The Government believe it is important that legislative competence for youth justice remains reserved to allow us to develop a consistent and coherent approach to criminal justice, and the management of offenders across all age groups, within the single legal jurisdiction. There would be significant practical challenges in devolving responsibility for youth justice in Wales while responsibility for the police, courts and other elements of the criminal justice system are reserved.

We place a high priority on addressing youth offending and maintaining a strong relationship with the Welsh Government on those matters. The Ministry of Justice is currently considering the final report of Charlie Taylor, the former chief executive of the National College of Teaching and Leadership, on his review of the youth justice system. As part of his review, he visited Wales to meet Welsh Ministers and to see local youth offending services. The Ministry of Justice will work closely with the Welsh Government to consider the recommendations made in the final report with a view to publishing the report later this year with plans for reform. Given the co-operation that exists between devolved and non-devolved organisations, which we will seek to maintain in taking forward any plans for reform, we are not persuaded that devolving youth justice to create a separate youth justice system in Wales would result in a more flexible, economical or effective response to youth offending.

New clause 9, proposed by the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), would open the door to the apprenticeship levy becoming a devolved tax. When introducing the apprenticeship levy, the Government wanted to make the system as simple as possible for employers to operate, and to avoid adverse impacts on the integrated UK-wide single market. Operating a UK-wide levy based on the national insurance definition of earnings is the best way to achieve this outcome. In particular, it is applied consistently to employers wherever they operate within the UK single market, while this definition of earnings is something that employers are familiar with and is information they readily have in their payroll. This also avoids considerable practical difficulties that would arise if there were different rates and thresholds of the apprenticeship levy in different parts of the UK, which appears to be the thrust of new clause 9. For example, as the charge is on the employer, it would be necessary to determine how such a system would operate for organisations working across borders. This would create additional burdens for businesses that we believe are sensibly avoided. In addition, the Government have made it quite clear that devolved nations will get their fair share of the levy, and discussions are ongoing.

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Jonathan Edwards Portrait Jonathan Edwards
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I rise to speak in support of new clauses 6 and 7. With your permission, Madam Deputy Speaker, I shall press new clause 6 to a vote at the appropriate time.

This is the fourth occasion since my election in 2010 on which I have tabled a new clause or amendment calling for the devolution of air passenger duty to Wales. I am sure that the House will be extremely relieved to hear that I shall not make a detailed speech, as I have presented my arguments many times before and consider them to be completely bullet-proof. I am grateful for what was said by the hon. Members for Newport West (Paul Flynn) and for Llanelli (Nia Griffith), who made the case for new clause 6 both strongly and eloquently. I will, however, remind the House of the broad reasoning behind Plaid Cymru’s proposal to devolve APD to Wales, and why it is significant to the Welsh economy.

As Members will know, APD has already been devolved to Northern Ireland and Scotland. It was included as a key part of the carefully crafted package of devolved fiscal powers in the Silk commission’s recommendations. Anyone who talks to the commissioners who did that detailed and comprehensive work will be told that the fiscal powers were very much a package. I think it very regrettable that both the Wales Bill and the Finance Bill have subsequently cherry-picked that carefully crafted package. Of course devolving APD would give Wales a competitive advantage, and it was telling that the Minister in his opening remarks said his principal opposition to the devolving of APD was that it would give Wales a competitive advantage. The Wales Office says it is against giving Wales a competitive advantage; I will allow the people of Wales to make up their own minds on that.

Guto Bebb Portrait Guto Bebb
- Hansard - - - Excerpts

The comment I made very clearly was that the devolving of APD would, according to the surveys we have undertaken, result in damage to the availability and choice for commuters and businesses in south-east Wales.

Jonathan Edwards Portrait Jonathan Edwards
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I am grateful for that clarification.

Plaid Cymru tried to include APD devolution in the Finance Bills of 2013 and 2014, I recall, but we did fall to some very England-centric comments by the Treasury officials at the time. These arguments have not yet satisfied us, or I imagine the 70% of the people of Wales who support the devolution of APD, as reported in recent opinion polls—as I said in Committee, that is an extremely impressive opinion poll rating.

On Second Reading of the Bill, the Minister said it was right and proper for Wales not to have the same rights regarding APD as the other devolved nations, and he has reiterated that this evening. Why would the Wales Office seek to deny Wales the same powers as Scotland and Northern Ireland? Why would it deny our only international airport in Wales the potential to use those fiscal levers to expand and develop, and why would it deny the ability of the Welsh economy to grow?

Clearly, increasing footfall at the airport would generate substantial revenues elsewhere in Wales, primarily by boosting economic performance across the whole of the economy, not least of course in the Secretary of State’s constituency, Vale of Glamorgan. Let us remember also that, as Members have said, Cardiff airport is owned by the people of Wales. The Welsh Government effectively nationalised the airport and this additional lever would further enable them to utilise a huge asset in the direct ownership of the people of Wales. It is highly regrettable that we have an airport in England, Bristol airport, effectively deciding UK policy, to the detriment of Wales.

While on the subject of Bristol airport, perhaps I should correct a statement I made in Committee, and I am happy to do so. I said Bristol airport could not accommodate long-haul flights and therefore there was no reason not to devolve long-haul APD. I received a strongly worded letter from Bristol airport—as we can imagine—a few days after the debate; it can accommodate long-haul flights. I am happy to correct the record, therefore, but what it cannot accommodate is the world’s largest aircraft, which Cardiff airport can, given the length of its runway. With the prospect of Wales being dragged out of the biggest and most successful trading bloc in the world, now, more than ever, it is important that we connect Wales to the world, and clearly devolving APD to Wales would enable the Welsh Government to do that more effectively.

New clause 7, in the names of my parliamentary colleagues and myself, seeks to equalise the situation between Wales and Scotland on VAT revenues. I will not be pressing it to a vote, due to the time left this evening. However, I remind the House that there is a consensus that devolution of public spending responsibilities should be accompanied by the assignment of significant own sources of revenue. That principle has now been accepted as this Bill progresses, and therefore the debate in Wales between the political parties is about what that fiscal package of tax powers should consistent of.

Wales’s funding framework has been highly unusual from an international perspective: there are not many Governments in the world with significant legislative and spending powers who do not also have a correspondingly important responsibility for raising tax revenues. If the UK Government are serious about securing a lasting devolution settlement for Wales, VAT should be seriously considered as part of the package of devolved fiscal powers.

The Scotland Act 2016 stated that revenues from the first 10 percentage points of the standard VAT rate would be devolved by the 2019-20 financial year. The current UK VAT rate is 20%, and half of all the VAT raised in Scotland will be kept in Scotland. A recent article published by the Wales Governance Centre confirms what I said in Committee, stating that Welsh VAT revenues have

“been far more buoyant than other major taxes, such that VAT has become the largest source of revenue in Wales.”

This is in contrast to the rest of the UK and Scotland, where income tax remains the largest source. The Government Expenditure and Revenue Wales report concluded that around £5.2 billion was raised in VAT revenue in Wales in 2014-15. A similar deal to that of Scotland would mean around £2.6 billion being assigned to the Welsh Government. This would mean that more than a third of total devolved expenditure would be financed by devolved and assigned taxes. By my calculation, that would represent an increase of about 13% compared with the amount to be raised under the current proposals.

I presume that as long as we have a Conservative Government in charge of the Treasury here, economic growth will continue to be driven by consumer spending. If that is the case, it is all the more important that the people of Wales benefit directly from that growth and from their own spending power. By devolving proportionately low revenue yielding taxes compared with the UK average, such as income tax, without devolving proportionately high revenue yielding taxes compared with the UK average, such as VAT, the UK Government are setting the tone in the Bill for an unfair and unstable fiscal position for Wales.

The devolution of VAT rates has been dismissed in the UK in the past on the ground that European Union rules prohibit the variation of VAT rates within a member state. Although we are calling only for parity with Scotland in this instance, the UK’s exit from the EU could open a debate on devolving rate-setting powers to Wales. If, as the International Trade Secretary and the Brexit Secretary seem to want, the UK does not remain part of the single market, that could open up a world of possibilities for fiscal policy. Setting VAT rates could give Welsh Ministers a powerful macroeconomic lever, and could perhaps be used in conjunction with other tax powers in considering the overall progressivity of the tax system in Wales.

Hywel Williams Portrait Hywel Williams
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I agree entirely with my hon. Friend. Does he agree that the record of Governments in London, both Labour and Conservative, is not encouraging? Under an agreement made in Helsinki in 2008, states are allowed to vary VAT down to 5% in labour-intensive industries. Were that to happen in respect of, say, tourism and construction in Wales, a huge amount of new business would be generated and the lost tax would be made up very quickly, but this Government and their predecessor did not take advantage of that dispensation. We do not need to wait for Brexit. We could make this change now, but the Government refuse to do so.

Jonathan Edwards Portrait Jonathan Edwards
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I am grateful to my parliamentary leader for that intervention. Plaid Cymru has a long-standing policy to make the case at Budgets and autumn statements in this House for the lowering of the VAT level for the tourism industry in Wales. The all-party parliamentary group on the tourism and hospitality industry in Wales, chaired by the hon. Member for Ceredigion (Mr Williams), has also called for that reduction, which would be of huge benefit to the industry.

The Under-Secretary of State for Wales, the hon. Member for Aberconwy (Guto Bebb), has said tonight that he will not support the new clause because the proposal was not part of the Silk commission’s recommendations. This is a classic case of the UK Government cherry-picking powers as it suits them and using the Silk commission as a justification for omission—in this case in relation to VAT—while dismissing its recommendations for the inclusion of measures on, for example, APD.

Oral Answers to Questions

Jonathan Edwards Excerpts
Wednesday 13th July 2016

(8 years, 4 months ago)

Commons Chamber
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Guto Bebb Portrait Guto Bebb
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The meetings that we are having in north Wales have been with council leaders, further education leaders and leaders of Welsh businesses, and I am glad to say that they have involved both male and female leaders. The key point is that our approach in north Wales is inclusive and supported by all stakeholders. People realise the potential of north Wales joining the northern powerhouse for the benefit of all the residents of north Wales.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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Exports are central to any rebalancing strategy. Unlike the British state, which has a gigantic trade deficit, Wales has a significant trade surplus. It is the best performing component of the UK. What assessment has the Minister made of the number of countries across the world to which Welsh companies export, and the number of trade deals that will therefore have to be renegotiated? Does he not realise that tariff-free access to the single market is vital to the Welsh economy and that—

John Bercow Portrait Mr Speaker
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Order. We are grateful to the hon. Gentleman. We have got his drift.

Wales Bill

Jonathan Edwards Excerpts
Monday 11th July 2016

(8 years, 4 months ago)

Commons Chamber
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There has been a recognition that water is a great national resource of Wales that is available in great abundance. We have a great richness in water resources, but, sadly, there is the great history of Tryweryn and other matters that concerned us over many years, when Wales was plundered for its natural resources without compensation.
Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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The hon. Gentleman mentions Tryweryn, and it is of course 50 years since Gwynfor Evans won that famous by-election in Carmarthen in 1966. The major stimulus of that great victory that changed Welsh, and, arguably, UK, politics was, of course, the drowning of Tryweryn. Does the hon. Gentleman think it would be a fitting memorial to that great victory by Gwynfor Evans that this Bill finally contains the devolution of water resources to Wales?

Paul Flynn Portrait Paul Flynn
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I think that would be entirely appropriate. The hon. Gentleman reminds us of matters that were subjects of great passion at the time. I believe they did—as many points in history have—concentrate the feelings of those in Wales about their national identity and what was seen to be an injustice against the people of Wales. I remember the events vividly.

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Liz Saville Roberts Portrait Liz Saville Roberts
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I can only agree.

Jonathan Edwards Portrait Jonathan Edwards
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As always, my hon. Friend is making a compelling case, full of strong arguments. Does she agree that it is slightly ironic that a referendum has just been won by those arguing for the UK to leave the European Union, partly on the basis of democracy and sovereignty, yet here we are, debating a Wales Bill which, compared with the settlement for Scotland and Northern Ireland, seems to deny sovereignty and democracy to Wales?

Liz Saville Roberts Portrait Liz Saville Roberts
- Hansard - - - Excerpts

With the Bill we are moving ahead in small steps—inching forward, painfully. I await the time when we will move ahead in a way that grants sovereignty to the people of Wales.

Many of the amendments that I have discussed so far were recommended by the Silk commission, as I mentioned previously. Other amendments in the group include amendment 85, which would remove prostitution from the list of reserved powers; amendment 117, which would remove the reservation of knives; and amendment 109, which would remove the reservation of abortion, to bring Wales into line with Scotland and Northern Ireland. Again, I challenge the Secretary of State to stand up and tell us why he voted for Scotland to have those powers, but is now telling us in Wales that we cannot have equivalent powers.

Amendment 155 is distinct in that it seeks to clarify a reservation contained in schedule 7A, and not to omit it entirely. The amendment would clarify as a reserved matter “the Crown Prosecution Service”, rather than the broader term “prosecutors”, as currently drafted. This amendment is crucial, as the existing wording of the schedule could prohibit Assembly legislation from enabling devolved authorities, such as local authorities and Natural Resources Wales, to prosecute. I hope that the Government will take note of this distinction and amend the schedule accordingly.

Amendment 156 would remove the necessity test in relation to the law on reserved matters. The test of necessity is objectionable on grounds of clarity and workability, as it is capable of a number of different interpretations. One possible interpretation is extremely restrictive and would represent a reduction in the Assembly’s current competence. The difference between a “reserved matter” and the “law on reserved matters” is explained in paragraphs 409 to 411 and 413 and 414 of the explanatory notes to the Bill.

The notes give the example of an Assembly Bill which related entirely to planning, which is not a reserved matter, but which modified a provision of a UK Act concerning telecommunications. That modification might be within the Assembly’s competence, as its purpose might relate entirely to planning, and so it would meet the test set out in new section 108A(6) of the Government of Wales Act 2006, inserted by clause 3. However, by modifying a provision of a UK Act of Parliament, which concerned a reserved matter, it would modify the “law on reserved matters”. The Assembly should be able to do so in a purely ancillary way, without also having to show that the modification made has

“no greater effect…than is necessary”.

An equivalent to the Bill provision is contained in the Scotland Act 1998. However, in the context of the Scottish devolution settlement, it is much less restrictive, as the Scottish Parliament has competence over considerably greater fields, including, of course, justice matters, and the Scottish system of civil and criminal law. Therefore, what might appear to be wider latitude for the Assembly would in practice still amount to narrower competence than that of the Scottish Parliament.

Amendment 157 would remove the criminal law restriction in paragraph 4 of schedule 7B and replace it with a restriction which provides that the Assembly cannot modify criminal law unless that is for a purpose other than a reserved purpose. It reflects the Assembly’s current competence—that is, the criminal law is a silent subject, and the Assembly can modify the criminal law if it relates to a devolved subject, or if the modification is ancillary. The Assembly, therefore, could not modify the criminal law if it was for a reserved purpose, thus protecting the criminal law around the 200 or so reservations in the Bill. The amendment would also make it clear that the Assembly could not modify the criminal law for its own sake: there must be a devolved purpose behind the modification of the criminal law. It would align the criminal law restriction with the private law restriction in paragraph 3 of schedule 7B. This would provide consistency and clarity.

I have already spoken of my party’s dismay that the Bill threatens in places to dilute, rather than augment, the legislative competence of the Assembly. In this vein, a number of the amendments in this group seek to clarify the Assembly’s powers in relation to its internal functions, as well as its overall competence to legislate. Amendments 148 and 149 seek to restore the Assembly’s competence closer to its current level. Currently, the Assembly is able to affect, in a minor way, matters that are listed as exceptions from competence in schedule 7 to the Government of Wales Act 2006. Most of these exceptions have been converted into reservations in the proposed new settlement—for example, consumer protection. However, under the new settlement, the Assembly would have no competence to legislate in a way that touches on reserved matters at all.

The Assembly can currently legislate in relation to “silent subjects”—that is, topics that are not listed either as subjects of competence, or as exceptions from competence, in schedule 7 to GOWA. The Assembly can do so only where it is also legislating on a subject that is specifically devolved by schedule 7. Many of these silent subjects—for example, employment rights and duties—have been converted into reservations in the Bill. The amendment would restore the Assembly’s competence to affect those topics in a purely ancillary way. However, that ancillary competence would still be narrower than the Assembly’s present competence to legislate on “silent subjects” when that legislation also relates to expressly devolved subjects.

In an attempt to allow the aforementioned institution to have control and oversight over its law making, amendment 6 would give the Assembly the power to consolidate, in both English and Welsh, the statutes containing the current constitutional settlement affecting Wales. No matter what our position on empowering the Assembly, I am sure we can all agree that it is important, whatever settlement we have, that that settlement is easily understood. It is disappointing that this Bill does not consolidate all existing legislation, but the amendment would allow the National Assembly to do that, in the interests of clarity. It would not allow the National Assembly to go beyond current legislation and broaden its competence.

Amendments 34 to 37 would amend paragraph 7 of schedule 2, which sets out the sections of the Government of Wales Act 2006 which the Assembly will have competence to modify. Paragraph 7(2)(d) specifically refers to those sections of part 5 of the 2006 Act which are amendable without restriction. As it stands, this does not include the ability to amend sections 120(1) or 124(3) of the Government of Wales Act 2006 which provide for “relevant persons”—otherwise known as “direct funded bodies”—which receive funding directly from the Welsh consolidated fund. That means, for example, the Welsh Government, the Assembly Commission, the Auditor General and the public services ombudsman for Wales.

Amendments 35 and 36 would allow the Assembly competence to add to, but not remove from, the list of “relevant persons”. It would allow it to enable a body that is independent of the Welsh Government also to be financially independent where that is deemed appropriate. Any use of such competence to add to the “relevant persons” would require an Act of the Assembly.

Paragraph 7 of schedule 2 provides that the remaining provisions of part 5 of the Government of Wales Act 2006 are amendable where the amendment is incidental to or consequential on a provision of an Act of the Assembly relating to budgetary procedures, and the Secretary of State consents to that amendment. I see no reason why the consent of the Secretary of State should be required to an amendment that will have no impact beyond the Assembly’s financial procedures, so amendment 37 removes that requirement.

On the remaining amendments in this group tabled in my name and the names of my hon. Friends, as I have already said, the majority of these amendments highlight areas of competence that are devolved to the Scottish Parliament, yet for some unstated reason are being reserved to Westminster in the case of Wales. No justification has been given for reserving those matters. Consequently, I shall list a number of amendments: 84, 87, 88, 90, 91, 92, 93, 94, 95, 97, 98, 106 and 103. I give the amendment numbers for a reason. It feels like the Secretary of State is allowing Whitehall to pick and choose the powers it wants to hold on to. We argue strongly that he must draw up a list of reservations based on principles. These reservations make no practical sense and the absence of principle is obvious. They range from the reservation of dangerous dogs to hovercraft, sports grounds and health and safety. We need a reason why those areas should be reserved.

In addition, there are amendments 105, 107, 104, 112, 113 and 89, which is on Sunday trading and safeguards the long-standing tradition in Wales of protecting shop workers’ terms and conditions, and amendments 114 and 115. Over and above that, Plaid Cymru has long argued that Department for Work and Pensions functions should be devolved to the Assembly. Thus amendment 100 would devolve all working age benefits that are to be replaced by universal credit and any benefit that is introduced to replace universal credit. Amendments 101, 102, 108 and 99 all relate to those areas of DWP functions that we have long argued should be devolved.

Amendments 96, 61 to 63 and 69 deal with the newly created Welsh harbours of “reserved trust ports”. Once again, this creation has no justification. A port will now be devolved unless it has a turnover of above a certain threshold. Again, that is the case not for Scotland or Northern Ireland, but only for Wales. It is yet another example of Westminster holding on to as much power as possible while appearing to be offering significant devolution. Once again, I challenge the Secretary of State to tell us why this is necessary in Wales, when he voted to devolve full control to Scotland.

Amendment 2 is consequential on new clause 1, which seeks to devolve Executive and legislative competence of the Crown estate in Wales to the Welsh Government and the National Assembly for Wales, as has been done in Scotland. New clause 7 would devolve general legislative competence in respect of agricultural, aquacultural and fisheries levies. Again, those are areas that Plaid Cymru has long argued should be devolved to the National Assembly.

Before I come to a close, I wish to note concerns expressed to me by the Welsh language commissioner regarding the Bill’s potential effect on the National Assembly’s powers to legislate in matters concerning the Welsh language. A possible effect of schedule 2 is that the National Assembly, should it wish to legislate for the Welsh language, would require the consent of the relevant UK Minister to confer, impose, modify or remove within that legislation the Welsh language functions of Ministers of the Crown, Government Departments and other reserved authorities. Under the current settlement, that ministerial consent is required only when legislating to impose Welsh language functions on Ministers of the Crown. The ministerial consent provisions of the Wales Bill in relation to the Welsh language would appear to be applicable to a wider range of persons than is currently the case, and would thus be more restrictive. I hope that that can be considered in the later stages of the Bill.

The amendments in this group should not be considered as mere separate, distinct “tweaks” to the Wales Bill. Rather, we present them as a collection of amendments, which, by their sheer number, make evident the many ways in which the current proposed legislation is deficient. No justification has been given by the Government as to why these many policy areas have been reserved, and no justification has been given as to why the Welsh Assembly should not be granted the same competence as the Scottish Parliament in these areas.

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Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

I will cover those points, but I have sought to underline the importance of the tests because they are so fundamental to the reserved powers model. Of course, the reservations will be equally fundamental. The hon. Lady mentioned a significant number of them. As I make progress, I will cover many of the points she made and invite her to intervene then.

Amendments 118 and 119, tabled by the main Opposition party, and Plaid Cymru’s amendments 148 and 149 seek to broaden the Assembly’s competence significantly by enabling it to legislate in relation to reserved matters so long as the provision is ancillary to a provision on a devolved matter. These amendments would drive a coach and horses through the key principle underpinning the new model, which is a clear boundary between what is devolved and what is reserved. They would give the Assembly the power to make unfettered changes to reserved matters such as the justice system, which we debated in detail last week, provided only that some connection to a devolved provision was established. What is more, they are simply not needed. We want to ensure that the Assembly can enforce its legislation and make it effective. We provide for this in paragraphs 1 and 2 of new schedule 7B by enabling the Assembly to modify the law on reserved matters. This is suitable to ensure that the Assembly’s devolved provisions can be enforced without compromising the principle of reserved matters.

I turn now to the proposed new schedule 7A to the Government of Wales Act, which sets out the reserved matters, referred to in general in the legislation as the “reservations”. These matters must be seen through the prism of the purpose test. A reservation is a succinct description of the subject area covered. It includes reserved authorities carrying out functions relating to that subject and criminal offences relating to that subject.

The general reservations in part 1 of the new schedule reserve the fundamental tenets of the constitution: the Crown, the civil service, defence and the armed forces, the regulation of political parties, and foreign affairs. As a single legal jurisdiction operates in England and Wales, we also reserve matters such as courts and non-devolved tribunals, judges, and civil and criminal proceedings. However, we have made appropriate exceptions to these reservations to enable the Assembly to exercise devolved functions. For example, the Assembly can confer devolved functions on the courts or provide for appeals from devolved tribunals to reserved tribunals.

Amendment 6, tabled by Plaid Cymru, seeks to modify these core reservations by allowing the Assembly to consolidate the constitutional arrangements for Wales. It surely must be a fundamental principle that the UK’s constitutional arrangements, including Parliament’s authority to devolve its own powers, are reserved. We have a constitutional settlement for Wales, the Government of Wales Act 2006 as amended, and amendment 6 is simply not necessary.

Part 2 lists the specific reservations. We want there to be no doubt where the boundary of the Assembly’s legislative competence lies. The list is lengthy because it is quite specific in its reservations and provides exceptions to those reservations. Previously, in the draft, there were some broad headlines, but the current Bill is far more specific, which necessitates further detail on what is included.

Jonathan Edwards Portrait Jonathan Edwards
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During this afternoon’s debate, the Secretary of State has been challenged on many of the reservations listed in part 2. In the interests of transparency, and before we get to the remaining stages of the Bill, will he commit the Wales Office to publishing a document outlining why each reservation has been made?

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

The hon. Member is aware that I have an open style and am happy to maintain dialogue and work with all opposition parties, as well as with the Welsh Government, in seeking to come to an accommodation. However, hovercrafts, for example, have been highlighted a couple of times. That reservation relates to technical standards and is about a distinct class of transport, such as ships in relation to shipping and planes in relation to aviation. Therefore, although, on the face of it, one might ask what the purpose of a reservation is, very often there are technical issues well beyond that. I am happy to continue a dialogue in that respect, as we continue to do with the Welsh Government.

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Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

The hon. Gentleman will know that I am happy to continue open dialogues. As Secretary of State, that is the style I have sought to use, to build on that set by my predecessor. I hope that the hon. Gentleman will want to continue working in such an open and constructive way.

Jonathan Edwards Portrait Jonathan Edwards
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Will the Minister give way?

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

I would like to make further progress, if I may.

A whole host of amendments have been tabled in relation to policing and justice. The St David’s day process found no consensus to devolve the criminal justice system in Wales. The Government gave a clear manifesto commitment that policing and criminal justice will remain reserved. In our first day in Committee last week, I made clear the Government’s commitment to maintain the single legal jurisdiction of England and Wales. Crime, public order and policing are inextricably linked to the criminal justice system. There already exists an All Wales Criminal Justice Board, which consults fully with the Welsh Government and extends to prison provision. The Welsh Government are also in regular dialogue with the National Offender Management Service about its functions.

Amendment 116, tabled by Plaid Cymru, and amendment 87, tabled by Labour, seek to remove the reservations for late-night entertainment and alcohol licensing respectively. There was much debate within this group surrounding this. The Government consider both subjects to be closely connected to policing and maintaining public order. Given that policing and criminal justice remain reserved matters, late-night entertainment and alcohol licensing should also be reserved under the principle that has been established.

Amendment 155, tabled by Plaid Cymru, seeks to reserve “the Crown Prosecution Service” rather than “prosecutors” in the general reservation on the single legal jurisdiction. There is no intention to prevent the Assembly from continuing to specify devolved prosecutors for devolved offences in the legislation. The reservation of prosecutors would not prevent the Assembly from legislating to, for example, make local authorities in Wales the prosecuting authority for particular devolved offences, as was highlighted by the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts). I agree, however, with the underlying policy intention of the amendment and will consider further, before Report, whether the reservation of prosecutors should be modified. I am happy to return to this at that stage.

Government amendments 53 to 58, tabled in my name, seek to put Wales in the same position as Scotland in respect of the reservations in C5, which reserves all prohibition and regulation of imports and exports in and out of the United Kingdom. It does, however, allow the Assembly to control movements of certain things, such as plants, animals, foods and fertilisers, for specified purposes. The amendments seek to put the Assembly in the same position as the Scottish Parliament by extending its competence to regulate movement of these things both within Wales and in and out of Wales.

Significant attention has been given to transport reservations, with a number of amendments being tabled by both Plaid Cymru and the Labour party. The transport reservations were subject to close scrutiny when the Bill was at a draft stage, and there is no basis on which to devolve railway services, coastguard services or aspects of road transport, as the hon. Member for Arfon (Hywel Williams) proposes. It is not what the Silk commission recommended, and my focus has been on delivering powers for a purpose.

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David Jones Portrait Mr David Jones
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I shall speak briefly in support of amendments 158 to 160 in the name of my hon. Friend the Member for Brecon and Radnorshire (Chris Davies). He has dealt very well with the thrust of the amendments and I do not wish to repeat what he has said. However, I would like to focus on proposed new subsection (4D) which provides:

“The Secretary of State may give a direction to Welsh Ministers that applications for consent for the construction or extension of stations generating electricity from wind which would have a capacity less than 51 megawatts must be determined by local planning authorities and must not be called in or determined by Welsh Ministers.”

As I mentioned on Second Reading, there have been unintended consequences of the Energy Act 2016, which is a development of UK Government policy that provides that all applications for onshore wind generating stations should no longer be governed by the Planning Act 2008, but should instead be determined by local planning authorities. This applies also in Wales, but as a consequence of Welsh legislation, the Welsh Government have designated all wind farm developments in Wales as so-called developments of national significance, which fall to be considered by the Welsh Government.

My hon. Friend the Member for Brecon and Radnorshire is right to insert this provision. We both come from parts of Wales where the development of wind farms has caused huge problems. They have been disproportionately scattered across rural Wales and there are large areas that almost literally have a turbine on every hillside. Local communities certainly want these applications to be determined at local level, and it is entirely right that the Welsh Government, having taken it upon themselves to adopt this power, should now have it taken away from them. The power should be returned to local authorities.

As I have suggested, this has been an example of the law of unintended consequences. I am absolutely sure that the Government did not expect that, as a consequence of the Energy Act 2016, all such applications would fall to be determined by the Welsh Government. That is what has happened, however, and local communities have been disfranchised. This proposal is therefore a sensible one, and I ask my right hon. Friend the Secretary of State to give consideration to it. If he cannot accept it this evening, will he take it away and come back with another proposal on Report to address the concerns that I have outlined?

Jonathan Edwards Portrait Jonathan Edwards
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I rise to speak to new clauses 4, 5, 8 and 9. I also refer Members to my speech on new clauses 2 and 3 and income tax during our first day in Committee last week.

New clause 5 would devolve air passenger duty to Wales. In 2012, the Silk commission recommended the devolution of a block of financial powers, including air passenger duty, to the National Assembly. That was a carefully crafted package of measures. Those minor taxes were clearly listed as pressing, and the commission recommended that they be devolved in the next possible legislative vehicle, which happened to be the 2013 Finance Bill. For whatever reason, however, APD was missing from that Bill and a Plaid Cymru amendment that would have included it was defeated.

On the publication of its recommendations, the commission had cross-party and governmental support. However, four years on, I am disappointed that the Government have turned their back on the commission and its recommendations. They are instead simply cherry-picking the amendments that will be the least disruptive to the current devolution arrangement for Wales. In that period, we have had a Northern Ireland Act and two Scotland Acts through which APD was devolved to those countries and, needless to say, Labour and Tory MPs based in Wales supported those Acts. Wales is, once again, getting the short end of the stick when it comes to devolved taxation.

I am disappointed that the hon. Member for Cardiff Central (Jo Stevens) is not in the Chamber. Although she is apparently oblivious to her party’s inability to support the devolution of APD twice in the previous Parliament, she has rightly stated:

“Air passenger duty has already been devolved to the Northern Ireland Assembly and…to the Scottish Parliament, but despite this, the Budget did not propose that it be devolved to the Welsh Assembly.”—[Official Report, 25 May 2016; Vol. 611, c. 521.]

She asked for it to be devolved, and that is an unimpeachable argument—I agree with every word she said.

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David Jones Portrait Mr David Jones
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Has the hon. Gentleman given any consideration to the impact that his proposals might have on north Wales’s local airports in Liverpool and Manchester?

Jonathan Edwards Portrait Jonathan Edwards
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The whole point of devolving APD to Wales is to allow Welsh Ministers to set their own priorities for the aviation industry in Wales. At the end of the day, it will be up to Welsh Ministers to consider the most appropriate APD policy for Wales to maximise revenues from their own public asset. Let us remember that Cardiff airport is owned by the people of Wales. Clearly, increasing footfall at the airport could generate substantial revenues elsewhere, primarily by boosting economic performance across the whole of the economy, especially in the Secretary of State’s own Vale of Glamorgan constituency.

I am not privy to the Cardiff airport’s strategic planning, but my understanding is that the element of APD that the airport is most interested in is long-haul taxation. As I mentioned, the airport has a superb runway that can accommodate transatlantic flights, which Bristol airport cannot. If Cardiff were to develop that angle of its business, that could surely be of use to Bristol airport, if transport links between both airports could be improved. There lies a challenge for the Welsh Government, because our international airport urgently needs public transport upgrades to get people from Cardiff—and indeed Swansea—to and from the airport. The current infrastructure is awful, compared with that of Belfast, Glasgow and Edinburgh.

Recent public opinion polls suggest that 78% of Welsh voters agree that APD should be devolved. That does not quite compare with the percentage who support the introduction of Welsh bank notes, but that incredibly high number is still a clear indication of public opinion. It takes a brave politician to ignore opinion poll figures of those proportions.

Furthermore, the National Assembly should have more responsibility for the money it spends. The Secretary of State for Wales himself has said that increasing its taxation responsibilities makes the Assembly “truly accountable” to the people of Wales, so why not include air passenger duty in the list of devolved taxes? Why continue to limit the financial responsibilities of the Welsh Government? Jane Hutt, the former Minister for Finance and Government Business in the Welsh Government, who I am not in the habit of quoting, has said:

“It is…disappointing that the UK Government has decided to continue its procrastination over the devolution of Air Passenger Duty. This discriminatory approach is unacceptable and unjustifiable”.

We have seen during the progress of the Bill that what the Labour Government say in Wales does not necessarily translate into voting behaviour where it counts down here in Westminster. Official Opposition Members might be relieved to hear that I do not intend to press the new clause to a Division, but I will return to the matter on Report. I hope that, in the meantime, the Secretary of State will listen to one of the most important strategic players in his constituency and his country, and I look forward to him bringing forward Government amendments to devolve APD before the Bill completes its progress through the House.

I now turn my attention to new clause 4, which would equalise the situation between Wales and Scotland when it comes to VAT revenues. The Scotland Act 2016 stated that revenues from the first 10 percentage points of the standard VAT rate would be devolved by the 2019-20 financial year. The current UK VAT rate is 20% and half of all the VAT raised in Scotland will be kept in Scotland. It is important to note that the Scottish Government will have no ability to change VAT rates.

Sales taxes in the United States are state taxes, not federal taxes, so different states have different levels of their version of VAT. We propose equalising the situation with Scotland because although EU rules prohibit different sales tax levels within the boundaries of a member state, adopting the Scottish model could pave the way, in a post-Brexit scenario, to devolving VAT in its entirety to Wales, to Scotland and to Northern Ireland. In a post-Brexit UK, it seems clear that significant political and fiscal power will have to be conceded by Westminster unless the post-Brexit vision is an even more lopsided state in which power and wealth are even more concentrated in London and the south-east.

The Scottish model has some incentivising benefits as it would help to galvanise the Welsh Government to boost the spending power of our citizens by basing a job creation strategy around well-paid jobs and seriously getting to grips with our low-wage economy. As page 4 of Cardiff University’s excellent “Government Expenditure and Revenue Wales 2016” report states:

“VAT was the largest source of revenue in Wales (raising £5.2 billion), followed by Income Tax (£4.6 billion) and National Insurance Contributions (£4.0 billion). The composition of revenues in Wales is markedly different from the UK as a whole. Large direct taxes…make up less of a share of total Welsh revenue, while a greater share is raised through indirect taxes”.

The report’s point is that indirect taxes such as VAT generate more revenue in Wales than direct taxes such as income tax. The report also indicates that Welsh tax revenues have grown by 12.3% since 2011, the main component of which was VAT revenues.

As long as we have a Tory UK Government, economic growth will continue to be based around consumer spending. If that is the case, it is all the more important that the people of Wales directly benefit from that growth and from their own spending power. Denying Wales the same powers as Scotland on VAT seems to be a deliberate attempt to undermine revenues for the Welsh Government.

New clause 4 is probing, so I will not be pressing it to a vote at this stage, but I look forward to hearing the UK Government’s justification for why they have not given Wales the same status as Scotland, especially considering the good performance of Wales—for whatever reason—in generating VAT revenues. I may return to this matter during the Bill’s later stages.

Similarly probing are new clauses 8 and 9, which would devolve corporation tax to mirror the situation in Northern Ireland. As a proud Welshman, I want my country to succeed. I desperately want our GDP to increase and to close the gap between the GDPs of Wales and the UK. If that is to happen, we unquestionably have to make Wales a more attractive place to do business. I want to make Wales the most attractive place in the UK to do business, and I hope that the Secretary of State for Wales would want the same for his country.

Most other countries are able to set their own rates of corporation tax. It is a lever with which a national Government can influence their country’s desirability to potential investors, but Wales is restricted from doing so. We are forced to compete with the other UK nations with our hands tied behind our backs. Northern Ireland has a huge competitive advantage over Wales, and we know about the rate in the Republic of Ireland, with which we share a sea border. We cannot build a High Speed 2 for Wales. We cannot electrify our railways and we cannot offer tax incentives. We are constantly forced to come to Westminster with a begging bowl. We are still waiting for even an inch of electrified railway. We are still not getting full Barnett consequentials from HS2, let alone getting our own high-speed rail, and we are once again being told that we cannot use corporation tax as a way of attracting business.

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

I am listening carefully to the hon. Gentleman’s proposal on devolving corporation tax. How would Wales cope with the significant volatility of corporation tax income?

Jonathan Edwards Portrait Jonathan Edwards
- Hansard - -

I am grateful for that intervention because it provides a great insight into the Secretary of State’s thinking. If that is his argument on fiscal powers, he should align himself with the Labour party, which opposes Wales having income tax powers for exactly the same reason. This is about whether one believes that the Welsh Government can use such levers effectively to create jobs in our country. That intervention is indicative of the Secretary of State’s mindset.

Given that corporation tax is devolved in Northern Ireland, I hope that the Secretary of State will do his job, stand up for Wales and make it a devolved tax in Wales, as was recommended by the Silk commission’s report.

Glyn Davies Portrait Glyn Davies (Montgomeryshire) (Con)
- Hansard - - - Excerpts

Thank you, Sir Alan, for calling me to speak in this hugely important debate. All Welsh Members recognise the Bill as an attempt to create a stable, long-lasting devolutionary settlement for Wales that provides financial accountability to the Welsh Government. I associate myself with many of the comments from both sides of the Committee, although I do not agree with everything that has been said.

I want to refer specifically to amendments 158 to 160, which have featured quite a lot in today’s debate. I have been inspired to speak in part by the contribution of the shadow Secretary of State for Wales, in which he was positive about energy. There is real potential for Wales to become an energy giant. I have been to Dinorwig about three times and have been inspired by the history of what Wales has achieved in energy production. We have even had—the shadow Secretary of State will not agree with me on this subject—nuclear energy generation in Wales on a considerable scale. It has formed part of a real decarbonisation effort, which I have supported and which we may well carry on at Wylfa B. We have the Swansea Bay tidal lagoon project and other such projects, and there is wonderful potential for Wales if they go ahead. At this stage, the issue is clearly one of whether they will become financially viable. There is no doubt that the tidal range is amazing, and I certainly hope that those schemes can be approved and that Wales can carry on its history of making a contribution to energy generation.

I am also inspired by those who tabled the amendments, including my hon. Friend the Member for Brecon and Radnorshire (Chris Davies) and my right hon. Friend the Member for Clwyd West (Mr Jones). The devolution of energy is a difficult issue for me, and I want to run through the reasons why. My concern is about onshore wind farms and the implications of onshore wind, particularly for my constituency. I am desperately keen to support the devolution process and keen that the Wales Bill be successful, particularly in relation to financial accountability. The Bill will enable the Assembly to become a Parliament and to grow up. However, the Welsh Government’s history when it comes to onshore wind causes huge problems, certainly in my constituency. They are landscape vandals—landscape philistines. That has been the general approach of the Welsh Government to onshore wind in my constituency. There are probably more wind turbines in Montgomeryshire than anywhere else in Wales.

Turning to the scale of what the Welsh Government want, they wanted another 500 turbines and a 40 km, 400 kV cable into Shropshire, which would have devastated my entire constituency. Powys County Council had to spend a huge amount of money simply to defend its constituency. The Ministers know what I am about to say, as they have heard me say it before. The only reason I can support this Bill is, ironically, that the Welsh Government have behaved in a centralising way when the UK Government devolved power to local authorities to decide on onshore wind farms. On the same day they devolved this to local authorities in Wales, the Welsh Government took that power back to themselves, like some old Soviet republic grabbing power to itself and away from the people. It was scandalous but the Welsh Government did that.

Gwynfor Evans and Welsh Politics

Jonathan Edwards Excerpts
Tuesday 5th July 2016

(8 years, 4 months ago)

Westminster Hall
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Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
- Hansard - -

I beg to move,

That this House has considered the commemoration of the contribution of Gwynfor Evans to Welsh politics.

Diolch yn fawr iawn, Mr Stringer. It is an absolute pleasure to serve under your chairmanship and to introduce this debate in honour of the late, great Gwynfor Evans. Before I start in earnest, I thank Lord Dafydd Wigley for sharing his 2012 lecture on the life and work of Gwynfor. I am also indebted to Gwynfor’s former chief of staff, Peter Hughes Griffiths, for his invaluable input. As one of his parliamentary successors, it is an enormous honour for me to pay tribute to him in this House for his achievements and contribution.

Gwynfor was the greatest Welshman of the 20th century. I never had the privilege of meeting him, which is one of the greatest regrets of my life. I travelled to his funeral in Aberystwyth with my predecessor, Adam Price, a matter of days before the 2005 Westminster election. We do not do state funerals in Wales yet, but that day was most certainly an unofficial one. The town ground to a standstill as people travelled from all parts of our country and beyond to pay their respects.

In his lecture, Dafydd Wigley answered his own question on why Gwynfor was so important to Wales and our nation. At the funeral, he said in his tribute:

“If Gwynfor had not believed with such passion, exhibited such an unwavering commitment, such an incredible perseverance, then Wales would not be what it is today. It was he who created the aspiration within us”.

That is why Gwynfor is seen as the father of modern Wales. Without him, we would not have our own Senedd, our own Government, or a clear demand among our fellow citizens for greater autonomy. It is a fitting tribute that the latest YouGov poll last night put Welsh support for independence within the EU at 35%.

Without Gwynfor, we would not have our own dedicated Welsh language channel. Perhaps more importantly, we would not have our clear sense of Welsh nationhood—that common bond displayed so wonderfully over recent weeks at the Euro 2016 championship in France. Without him, we would not be discussing yet another Wales Bill later today. Of course, his influence goes far beyond our country. Arguably, without him Scotland would not be on the verge of independence—an inevitability hastened by the events of 23 June.

The brilliant Wales football manager Chris Coleman said after the famous 3-1 victory over Belgium in the quarter final of the Euro 2016 championship last Friday:

“Don’t be afraid to have dreams. Don’t be afraid to fail”.

He was not referring to Gwynfor when he said those words, but they sum up the impact that the great man had on the thinking of the generations of Welsh nationalists who followed him.

The stimulus for this debate was, of course, Gwynfor’s incredible victory in the Carmarthen parliamentary by-election in 1966, exactly 50 years ago. Perhaps one of the most iconic photographs in Welsh political history is the one of Gwynfor, perched on the balcony of the guildhall in Carmarthen, addressing the thousands upon thousands of people who had converged on the town that summer evening on 14 July 1966.

At the time of the by-election, Plaid Cymru was in a very bad position. We had contested 23 Welsh constituencies in the 1966 general election and lost deposits in every seat but two. There were real divisions within the national movement about the way forward following the election, and about the despair felt at the powerlessness of the people of Wales to stop the drowning of our valleys for English exploitation once Tryweryn had been opened.

The party, in a Brexit state of financial despair, was only able to fight the by-election following the generosity of that other great political leader of Carmarthenshire, D. J. Williams, who sold his family home, Penrhiw in Rhydcymerau. In a result that changed history, Gwynfor won 39% of the vote and secured a majority of 2,000. It was an earthquake that shook Welsh and UK politics to its core. It blew apart the myth that Plaid Cymru could never win a parliamentary election. It inspired generations to fight for the cause of Wales and, thankfully, secured the principle that the national movement could achieve its political objectives via constitutional means.

Mike Weir Portrait Mike Weir (Angus) (SNP)
- Hansard - - - Excerpts

I join in the tribute to Gwynfor, who I met once when he was campaigning for S4C. The Carmarthen by-election laid the ground for the fantastic by-election in Hamilton the following year, when Winnie Ewing won for the Scottish National party and started the rise of our party. We pay great tribute to Gwynfor and to the history of both our parties.

Jonathan Edwards Portrait Jonathan Edwards
- Hansard - -

I am grateful for that intervention, which shows the very close links between Plaid Cymru and the SNP. I shall be referring to the Hamilton by-election shortly.

Gwynfor’s victory was no fluke. In March 1967, Vic Davies won 39.9% of the vote in the Rhondda and cut the Labour majority to just 2,000. In 1968, the polymath Professor Phil Williams won more than 40% of the vote in Caerphilly, losing by only 1,800 votes, with a swing of 29%. The Prime Minister, Harold Wilson, was in a state of panic about the national upsurge in Wales and Scotland, where the SNP’s Winnie Ewing had won the Hamilton by-election in November 1967, so he set up a royal commission. The resulting report by the Kilbrandon commission was published in 1973 and recommended legislative Parliaments for Scotland and Wales.

For Plaid Cymru, Gwynfor’s victory led to representation in this House over the past 50 years by politicians of incredible calibre. Gwynfor was followed by Dafydd Wigley and Dafydd Elis-Thomas in 1974; Ieuan Wyn Jones in 1987; Cynog Dafis and Elfyn Llwyd in 1992; Simon Thomas in a by-election in 2000; and my direct predecessor, Adam Price, and Plaid Cymru’s current parliamentary leader, my hon. Friend the Member for Arfon (Hywel Williams), in 2001. I was elected in 2010, and my talented hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts) was elected in 2015. I genuinely stand on the shoulders of giants—politicians whose names will be celebrated in Welsh history for eternity. Without Gwynfor, though, it is highly unlikely that any of the aforementioned individuals would have graced this place and made their own vital contributions in developing our nation.

In this House, Gwynfor made his mark on a plethora of political subjects. His deep commitment on issues such as nuclear disarmament, industrial democracy, social co-operation and international concord allowed him to make a significant impact on Westminster politics. Men of conviction often face ridicule from their detractors. As they say, “First they ignore you, then they fight you, then they agree with you”. That was certainly the case for Gwynfor, who faced personal hostility unworthy of this House. However, much like other great political leaders across the world, from Ghandi to Mandela, at the time of his death there was a general recognition across the political spectrum that his contribution transcended partisan lines.

Liz Saville Roberts Portrait Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
- Hansard - - - Excerpts

Does my hon. Friend agree that it is a credit to Gwynfor Evans’ vision of nation building that the poll to which he referred earlier shows that Plaid Cymru’s support is at its highest ever level?

Jonathan Edwards Portrait Jonathan Edwards
- Hansard - -

I am grateful for my hon. Friend’s intervention. I definitely believe that we would not be where we are without Gwynfor’s contribution. Even if they did not agree with him, everybody accepted that he based his politics on principle, and that everything he did was aimed at creating a better Wales.

Gwynfor was born in 1912 in the Barry. He was brought up in a deeply Christian family, and his religious non-conformism was very important to him. Despite the huge political pressures on him, Gwynfor continued to teach Sunday school at his local chapel in Llangadog after moving to Carmarthenshire. While I was doing research for this speech, I learned of Gwynfor’s great love of cricket. He represented the Welsh schools team during the 1930 season. Since being elected, I have campaigned for a Welsh national side. Considering the fact that in the past decade our great nation has reached a rugby world cup semi-final and won three grand slams, and that tomorrow our football team will play for a place in the Euro 2016 final—I am wearing a Welsh national football tie in their honour—it is about time we had a national cricket team.

Gwynfor awakened to the cause of Wales while at Aberystwyth University. It must be contagious, as both myself and my hon. Friend the Member for Dwyfor Meirionnydd were fortunate enough to study there, as was the Under-Secretary of State for Wales—I am delighted to see him in his place and that he will be responding to the debate. I am informed that the piece of literature that sealed the proverbial deal was the masterpiece “The Economics of Welsh Self-Government”, by my political hero D. J. Davies. D. J. had written his booklet in 1931, and by 1934 Gwynfor was a fully paid up member of Plaid Cymru. As Gwynfor’s biographer, the BBC journalist Rhys Evans, said, that changed Welsh history:

“It was Gwynfor who created the national movement…Gwynfor was also the founder of the Parliament for Wales campaign…There is now a lasting memorial to that organisation in Cardiff Bay—it is the Assembly, the unmistakable symbol, for better or worse, of the desire of the people of Wales to live as a democratic nation.”

In 1937, Gwynfor became a member of the party’s national executive committee and by 1943 he was vice-president. Then, at the Llangollen conference of 1945, just five days before the atomic bomb exploded over Hiroshima, he was elected as president of Plaid Cymru, aged just 32. He would remain the party’s leading political figure for the next 36 years.

Despite his burning nationalism, it is important to remember that Gwynfor was a great internationalist. He was also a committed pacifist, so I am sure that he would have been proud that I am probably the only living person on Earth who has entered the Pentagon and proclaimed, in a meeting with the top military brass, that I am a member of an anti-war party. I am sure Gwynfor would have enjoyed my mischievous intentions.

For Gwynfor, his pacifism was arguably even more important than his nationalism, and he campaigned vigorously against the Vietnam war. His economics strongly supported economic units that are larger than nations, which I suppose is a lesson for Brexiters. He believed that a free market is a device that safeguards the individuality of nations. He strongly supported a British single market and I suspect that if he were alive today he would be doing everything he could to secure tariff-free access to the European single market.

It is not called “the national struggle” for nothing, and Gwynfor’s career is living proof of that. He had to overcome several bitter electoral losses. In his darkest moments, he would walk from his home in Talar Wen, near Llangadog, and climb the slopes of the Garn Goch. Like many of my fellow citizens, I find that our beautiful landscape is a source of endless inspiration and therapy. The love for our land and our people is the basis of our politics. It is fitting, therefore, that Gwynfor’s memorial is suitably located on that barren mountain, which overlooks the beautiful Tywi valley.

However, there is no doubt that for Gwynfor the biggest political blow was the devastating loss of the 1979 referendum. With a Government majority of only three, Plaid Cymru and Scottish National party MPs skilfully forced the concession of national referendums in their respective countries. While Scotland voted yes, only to be denied their own parliament by a clause that required a threshold of 40% of the electorate voting for change, Wales voted overwhelmingly against even a meagre form of self-government.

Dafydd Wigley wrote that Gwynfor wanted to accept that the Labour Government were sincere in their promise that they supported devolution, despite the proposed model being far weaker than the model recommended by the Kilbrandon Commission, as it had no legislative or taxation functions. However, Labour allowed its MPs based in Wales to campaign for a no vote. In the end, 79.74% of people voted against self-government, and there is no doubt that Gwynfor took the loss personally. He felt completely betrayed by Labour, which had allowed its MPs to work with the Tories against their own party. Soon after, the Labour Government lost a vote of no confidence and a general election was held, which the Tories, under Margaret Thatcher, won by a landslide. Gwynfor, after the morale-sapping defeat of the referendum, lost Carmarthen. He would never hold elected office again and there were genuine concerns about his health.

Gwynfor was offered a peerage, but he turned it down flatly, telling the party’s new Westminster Leader, Dafydd Wigley, that there was only one Lord and that he did not abide in a palace on the banks of the Thames. A lesser man would have been crushed mentally and physically by the twin political blows of 1979. However, Gwynfor was about to embark on arguably his most famous battle.

The new Conservative Government had pledged during the election in 1979 to create a new Welsh language television channel. Gwynfor viewed such a channel as a vital step to help secure Welsh as a living language in the modern world. In his epic autobiography, “For the Sake of Wales – The Memoirs of Gwynfor Evans”, he recounts the battle for S4C in great detail. On 12 September 1979 in Cambridge, the new Home Secretary, William Whitelaw, announced in a surprise statement that the new Government would not honour their pledge to set up a new Welsh language channel.

Gwynfor suspected that the decision of the Home Secretary was a case of the Westminster establishment taking advantage of the desperation in the national movement. The response in Wales to the decision was uproar. Getting both main Westminster parties to agree to a Welsh TV channel had been one of the great successes of the Welsh national movement in the 1970s, which was won only after heavy terms of imprisonment had been imposed on many patriots. For the language campaigners of Cymdeithas Yr aith, the TV channel was a priority if Welsh had any hope of surviving as a living language.

Gwynfor saw the decision as a direct attempt to break the spirit of the Welsh people once and for all. In his memoirs, he quotes the bard T Gwynn Jones:

“Ysbryd Gwlad! Os badog lu

Cas Iwyth fu’n ceisio’i lethu

Iddo trwy hyn ni ddaw tranc

Heb ddiwedd y bydd ieuanc.”

That roughly translates as:

“A country’s spirit! If treacherous and vicious throng ‘have tried to quench it, it will never be overcome by this, but will remain endlessly young.”

Gwynfor therefore viewed the decision as a direct challenge to the existence of the Welsh nation. Considering the crushing personal blows that he had just received, it says everything about the stature of the man that he had the clarity of thought to motivate himself once more. With patriots across the country—including some of the greats of the nation, such as Cynog Dafis, Meredyth Evans, Ned Thomas and Pennar Davies—up in arms and even taking direct action against TV transmitters, Gwynfor committed himself to one last action for his country.

Dafydd Wigley has recounted how he and Gwynfor were returning in a car from a St David’s day dinner in Llanberis in 1980 when Gwynfor said, out of the blue, that he would not be with Dafydd the following year as it was his intention to fast until death over the betrayal of the new Government. Gwynfor did not expect the Thatcher Government to back down; he expected to die. However, it was a sacrifice he was willing to make, because his primary aim was to motivate the Welsh nation to believe once again in their country and face down the challenge of the British establishment.

Gwynfor decided that he would make his statement in May and, following the advice of his son-in-law, the great language campaigner Ffred Ffransis, he decided to give the Government five months’ warning before beginning the hunger strike in his study in Talar Wen. He would begin his fast to death on 5 October 1980, but before then he embarked on a national tour. The response of the Welsh establishment was hostile to say the least, but Gwynfor galvanised the national movement.

Media coverage extended far beyond the borders of Wales; The Sunday Times even carried a sympathetic article in the language of heaven itself. TV crews from Canada and Germany turned up at Talar Wen. Articles appeared in the main newspaper of Catalonia, in Scandinavia and in The New York Times. The campaign gained momentum, leading many people to plead with Gwynfor that he could achieve far more if he called off his threat to fast. However, his mind was set; he felt that he could achieve far more for Wales by dying than by living, and that that was the appropriate action to take.

Peter Hughes Griffiths and the party’s chief executive, Dafydd Williams, helped Gwynfor to arrange 22 meetings between 6 September and the beginning of the fast. About 2,000 people turned up to the launch of the series of talks at Sophia Gardens in Cardiff, the home of Welsh cricket. The following night, Gwynfor was in Glasgow, where over a thousand people attended the meeting at the McLellan Galleries. At the same time, the great and the good of Wales, including the Archbishop of Wales, Gwilym O Williams, Sir Goronwy Daniel, Michael Foot and Cledwyn Hughes, held meetings with Government Ministers and implored them to reconsider. However, Gwynfor received feedback that the Government had no intention of making a U-turn.

The speaking tour continued and, as Gwynfor wrote in his memoirs, there were signs that Welsh nationalism was on the verge of becoming an overwhelming force. He wrote that it is a simple truism that that is the only thing that Westminster fears in Wales, and it fears it greatly. I personally live for the day when the people of Wales grasp this simple reality, as the people of Scotland have.

On Wednesday 17 September, the Government yielded and Margaret Thatcher would perform her first and possibly her only U-turn as Prime Minister. However, Gwynfor’s first reaction was disappointment, not elation. He thought that a few more weeks of campaigning would have shifted the tectonic plates in Wales for ever.

The meeting that night was scheduled for Crymych, and when Gwynfor announced his intention to withdraw his threat of going on hunger strike, the 800-strong crowd erupted in emotion. It was his greatest political victory and to make the point somebody mischievously painted on the banks of the Embankment, opposite this House, “Gwynfor 1 - Thatcher 0”. We will settle for that score tomorrow night, Mr Stringer.

A half-hour debate of this nature could never do justice to the contribution of Gwynfor Evans. If I had a full day of debate, I could talk about Gwynfor the Christian, Gwynfor the internationalist, Gwynfor the pacifist, Gwynfor and Europe, and Gwynfor the historian. He was also a prolific writer, publishing well over a million words. If the opportunity to speak about Gwynfor arises again in future, I am confident that I would comfortably beat the record four-hour speech that William Gladstone made in this House when he delivered his 1853 Budget.

Following the events of the last few weeks, I have given some thought in preparing this speech to how Gwynfor would have reacted if he was alive today. It would not be right of me to presume to know the thinking of a far superior intellect than mine, but based on his writings I think we can safely assume that he would now be advancing the need for our country to position ourselves economically within a tariff-free single market as an imperative; that politically Wales must have the freedom to choose its own future; and that when the UK ceases to exist following Scottish independence, as I foresee, that will be a material change in condition, and our nation will again need to have a debate and a vote about where our future lies.

Gwynfor’s place in history is secure. He was chosen by readers of Wales on Sunday and the weekly Welsh-language publication Y Cymro as a millennium icon, ahead of Lloyd George and Aneurin Bevan, and even ahead of Owain Glyndwr. Glyndwr was ranked the seventh most prominent global figure of the past millennia by The Sunday Times, which gives an indication of the esteem in which Gwynfor is held within Wales, and across the world.

Gwynfor Evans died at his home in Pencarreg on the morning of Thursday 21 April 2005, at the age of 92. His biographer, Rhys Evans, says:

“Gwynfor wanted to return to Garn Goch, to the soil, the land of Wales where his politics had taken root. Nevertheless, as his ashes blow in the wind, his legacy survives.”

As I said earlier, my great friend Dafydd Wigley offered incredible help in composing this speech. When I asked him to summarise Gwynfor’s political contribution to our country—and I will finish with this as I could not put it better myself—he replied:

“Gwynfor Evans was Wales’ greatest 20th century patriot. Without his dedication and unswerving determination, Wales wouldn’t today have the degree of national autonomy we enjoy and neither would the Welsh language have secured its official status. Future generations will look back to the 1966 by-election as a turning point in our history and salute the good people of Carmarthenshire for making it happen.”

Diolch yn fawr iawn.

Guto Bebb Portrait The Parliamentary Under-Secretary of State for Wales (Guto Bebb)
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It is a pleasure to serve under your chairmanship, Mr Stringer. I congratulate the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) on his speech, which was very passionate, as I would have expected. It was slightly OTT at times, not in relation to Gwynfor Evans but in his comments about the way in which politics is moving in Wales. It is early days to measure the impact of the EU referendum on Wales, but I certainly join in with the mood of the Chamber in highlighting Gwynfor Evans’s contribution of to the life of Wales over the past century and his continuing influence on the way in which Welsh life and politics are developing. It is a sad reflection on that contribution that Carmarthen voted to leave the European Union, which must have been a great disappointment to the hon. Member for Carmarthen East and Dinefwr—it certainly was to me.

Jonathan Edwards Portrait Jonathan Edwards
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In our sampling, Carmarthen East and Dinefwr voted conclusively for remain. It was Llanelli that let us down, so it is the Labour party’s fault.

Guto Bebb Portrait Guto Bebb
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I am more than happy to accept that straw poll evidence, but it is important to say that Gwynfor was associated with Carmarthenshire and with Wales, and there is no denying that in both contexts the result was a disappointment.

This is a great opportunity to join in the tributes to the life of Gwynfor Evans, 50 years after the political earthquake of the 1966 by-election. As the hon. Gentleman clearly stated, the party of which Gwynfor Evans became the first MP was not performing particularly well in the 1960s; there was a question mark over its future, so the 1966 result was transformational. Indeed, it contributed to the development of the Scottish National party, with the 1967 Hamilton by-election. Subsequently, even though the 1970 general election saw Gwynfor Evans lose his seat, before regaining it in 1974, there was an SNP victory in Western Isles. As a result, there has been SNP or Plaid Cymru representation in this place since 1966, which, I would argue, has contributed to the gaiety of the Chamber.

As has been mentioned, it is fair to say that Gwynfor Evans was a great writer, although whether he was a great historian remains to be seen. My grandfather was considered to be a historian and he knew Gwynfor Evans very well. I am glad that, unlike the hon. Gentleman, I met Gwynfor Evans on more than one occasion. I was at a victorious rally in Porthmadog back in 1980 when Gwynfor Evans was carrying on with his tour in relation to the S4C issue, obviously after the U-turn. I think Gwynfor took a leaf out of my grandfather’s book regarding history. My grandfather used to say that history was about saying good things about good people and I think that Gwynfor Evans’s view of history was to say good things about Wales, regardless of the evidence, but that is no bad thing. The purpose of his writing was to inform but also to persuade, and that is something we can forgive in an activist historian. I would argue that there is a place for such a historian.

If ever there was a political career that tried to replicate that of Robert the Bruce, Gwynfor’s was it. Time and again he failed, and time and again he carried on regardless. He stood unsuccessfully in Meirionnydd on at least two occasions, if not three, but there was never a situation in which he acknowledged defeat. The way in which Gwynfor took on adversity and carried on campaigning for what he believed in is a lesson for anyone involved in politics, and it clearly shows that political success is not necessarily measured in election success. I think I am right in saying that Gwynfor won only two elections in his entire career, but his contribution is much greater than that of many other Welsh MPs who won many more.

It is important to highlight Gwynfor’s political career, but the influence of that career relates not to the fact that he was elected to this place but to the way in which he fought for the Welsh language and culture, and the way in which he put those issues on the agenda. Early in his career, Gwynfor argued for the need for official recognition of the Welsh language. That came to pass. We had the Welsh Language Act 1967, which was rather weak but a step in the right direction, and I am proud to be a member of the party that delivered the Welsh Language Act 1993. I would go as far as to say that perhaps that Act was more carefully considered than the Welsh Language (Wales) Measure 2011, which was passed by the Welsh Assembly, but that would be a controversial statement at this point in time, and would go against the nature of the debate.

It is fairly clear that without the victory that Gwynfor Evans secured in 1966, the 1967 Act and the 1993 Act would not have been passed. The contribution of the two Acts was to normalise the concept of the Welsh language as part and parcel of everyone’s daily life. It is important to realise that before the Acts were passed, it was perfectly conceivable for children to be raised speaking Welsh at home and knowing that they lived in Aberteifi, yet to see a sign saying “Cardigan” when they were driven in and out of the town. The difference that 50 years has made is that everyone in Wales is now aware, when they drive into Wales, that Wales is a bilingual country. Back in 1966, when Gwynfor won that by-election that was certainly not the case, and we should acknowledge his contribution to the Welsh language. Clearly, there is still work to be done, but there is no doubt that the work that was started with such passion by Gwynfor Evans should be continued.

It should also be highlighted that Gwynfor Evans’s commitment was not just to the Welsh language as a stand-alone issue but to Welsh culture as well. I think I am right in saying that he chaired more national Eisteddfod days than any other politician and probably more than any other figure in the 20th century. His commitment was total: he was a Welshman through and through and he lived and breathed the language. We should also acknowledge the contribution that his family have subsequently made. Gwynfor was not someone who spoke in public about the need for the Welsh language and Welsh culture and then did nothing at home; he also delivered, ensuring that his family followed in his footsteps.

A few other issues are worth touching upon. S4C was undoubtedly the pinnacle of Gwynfor Evans’ career. S4C has been a political hot potato since I came into this place in 2010, and I hope I have contributed to protecting the funding of the fourth channel. It is genuinely superb to have been able to follow the Welsh football team all the way to the semi-finals of the European championship, and to do that with Welsh commentators. I pay tribute to players such as Aaron Ramsey who have been happy to tweet in Welsh during the tournament. The fact that we have Welsh coverage and Welsh pundits, such as Malcolm Allen—a credit to Wales, who could challenge the Icelandic commentator—is entirely due to the contribution made by Gwynfor Evans. It is crucial, therefore, that we maintain the support for and the funding of S4C because of its contribution not just to the culture of Wales but to its economy.

I am pleased to have been able to respond to the debate in the manner that I think would have been expected. The debate is a tribute to an important parliamentarian, but also to a politician who made much more of an impact outside the Chambers of this place than within them. I was not aware of the comment Gwynfor Evans made when he was offered a peerage—that there was only one Lord and that he did not reside on the bank of the Thames—and I leave hon. Members with this controversial comment: it is interesting that two of Gwynfor’s successors as party leader did not share that view.

Question put and agreed to.