Oral Answers to Questions

Debate between Liz Saville Roberts and Alun Cairns

Wednesday 26th April 2017 Commons Chamber

[Alun Cairns]

My hon. Friend is absolutely right. I can well remember walking recently along the High Street in Prestatyn, where business rates were highlighted as a major concern for some of the small shops. He is right that the setting of business rates is devolved but, of course, in the recent Budget my right hon. Friend the Chancellor enhanced the Welsh settlement significantly as a result of his support for small business rates in England; I hope the Welsh Government will use that money to support small businesses in Wales.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I have been an MP for only two years, but during that short time I have seen two Secretaries of State and five shadow Secretaries of State for Wales fob off my country with crumbs from the Westminster table. Now, the Government are preparing to claw back devolved powers. When will the present incumbent announce a Wales Bill that brings power back to Wales?

[Alun Cairns]

The hon. Lady will appreciate that we have said with the great repeal Bill White Paper that no decisions currently taken by the Welsh Government will be removed from them. We expect that the repatriation of powers from the European Union will extend the Welsh Government’s powers significantly, but there is of course a process to work through in order to provide the stability and certainty that industry needs.

Wales Bill

Debate between Liz Saville Roberts and Alun Cairns

Ping Pong: House of Commons
Tuesday 24th January 2017 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Does not the Secretary of State share my concern that the needs-based factor will be based on sums ascertained in 2009-10, which will be effectively 10 years old when it comes into effect? There should be a review before it starts.

[Alun Cairns]

I am grateful to the hon. Lady for her intervention, and for the scrutiny and interest she has rightly given the Bill, but I hope she recognises the significance of the fiscal framework. The needs-based factor to which she refers is 115%, and the current level is well above that. It will fall to 115% over time, recognising the fair settlement that Wales gets because of its needs. It is significant that that needs-based factor is being introduced into the Wales settlement for the first time. It is something for which the hon. Lady and her party have been calling for some time, but it took a Conservative Government to deliver it.

--- Later in debate ---

[Liz Saville Roberts]

I am sure that the House will join me in wishing the best to my hon. Friend the Member for Carmarthen East and Dinefwr (Jonathan Edwards), who is expecting the imminent arrival of the latest member of his family. [Hon. Members: “Hear, hear.”] I sympathise with all MPs who have to balance family life and parliamentary duty.

I, of course, welcome to an extent the fact that a fiscal framework is on the verge of being in place, giving the Welsh Government a degree of financial accountability that is intrinsic for any functioning democratic Parliament. Judgment is still very much out, however, on whether it can really deliver the economic accountability and levers for growth that are required in this tumultuous time. I therefore want to start with a few brief comments about the framework’s ambition, or lack thereof. I then want to ask the Minister a specific question about how the framework will operate before finally discussing the capital expenditure limit outlined in amendment 9.

Despite finally having this fiscal framework in place, we still lag behind every other devolved Administration in terms of powers and responsibilities. Earlier today—like most days—we were embroiled in the Brexit conundrum and all its unravelling economic implications, but the Government’s insistence on a patchwork approach to devolution means that Wales will not have the real levers for growth that it needs at this most difficult of economic times. If the Conservative party wants to talk about the real opportunities that a single market and customs union exit brings for Wales, it should be looking at the fiscal levers for growth, including VAT, the most important tax for Wales, and how it could be devolved. I hope the Minister will indicate that he plans to review the framework in the light of recent developments to ensure that Wales has such fiscal levers.

I briefly want to touch on a technical point that my party colleague, Adam Price AM, has already raised with the Welsh Government’s Cabinet Finance Secretary. The much trumpeted relative need provision of the fiscal framework—the 115% rule, which is referred to as the Holtham floor—was based on a set of criteria that determined Wales’s relative need in 2009-10. There seem to be no plans to conduct a review of that relative need when the floor is set to be implemented approximately three years from now, meaning that those relative needs will be based on figures that are 10 years out of date. This was discussed briefly in earlier interventions, but the 115% rule surely cannot be set in stone for all time, so I ask the Minister to propose a review to investigate that.

[Alun Cairns]

I am happy to clarify that the fiscal framework agreement, which is supported by the Welsh Government, includes opportunities for periodic reviews.

[Liz Saville Roberts]

I welcome those comments about periodic reviews as opposed to using 10-year-old statistics. I also have some concerns about the framework’s dispute resolution mechanism, but there may not be the time to discuss them here. We may be able to resolve that problem in future discussions.

I want to finish by emphasising the fact that both Governments lack ambition. In the Lords, Plaid Cymru called for a £2 billion capital expenditure limit, which was supported by Labour. However, under pressure from the devo-sceptic Tory party, we can see in amendment 9 that we are left with a capital expenditure limit of exactly half that. Although I am pleased that a fiscal framework is finally in place, I cannot avoid the observation that Wales is once again being short-changed through a lack of vision and ambition.

Wales Bill

Debate between Liz Saville Roberts and Alun Cairns

Monday 12th September 2016 Commons Chamber

[Alun Cairns]

I will come back to the hon. Member, but I want to finish my point.

I would remind Members that the whole debate around a separate legal jurisdiction came as a consequence of the necessity test in the draft Bill. The necessity test has been removed and the consequence could be that that call and demand for a separate jurisdiction should therefore fall. However, it is almost as though it has taken on a life of its own, but I still question the purpose, because I am still trying to find out what difference a separate legal jurisdiction would make for anyone living or working in Wales, other than uncertainty for investors when the reputation of the England and Wales legal system is recognised right around the world.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

But surely the purpose of a distinct legal jurisdiction would be the quality of justice provided in Wales, and at the end of the day this is the only legislature in the world which does not have a jurisdiction. This situation is crying out to be resolved, and if not now, when?

[Alun Cairns]

rose—

Wales Bill

Debate between Liz Saville Roberts and Alun Cairns

Monday 11th July 2016 Commons Chamber

[Liz Saville Roberts]

I appreciate that the right hon. Gentleman has listed a number of tests, but does he agree that, for them to be justifications in a reserved power model, we should see how the reservations apply to each area?

[Alun Cairns]

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.

Wales Bill

Debate between Liz Saville Roberts and Alun Cairns

Tuesday 14th June 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr iawn, Madam Dirprwy Lefarydd. Am fod yn bowld, fe gymeraf y cyfle i ddweud rhyw frawddeg arall yn Gymraeg. If I was braver, I would probably carry on, but it did seem appropriate to get more than the usual introduction and salutation in Welsh in today on the Floor of the House.

As a relatively new MP, one of the 2015 generation, it seems to me that successive Secretaries of State for Wales are fond of bigging up Wales Bills as “generational milestones”. These landmarks of legislation are intended to stand as rocks of ages, directing the flow of governance with their permanence. I am a new MP, yet already I have seen Wales Bills come and Wales Bills go. Although I am impassioned with the will to empower Wales, I fear that the House must be concerned that this Bill, yet again, is a cypher for the ongoing tussle between Westminster Departments desperate to protect their little empires and the National Assembly for Wales—not the Welsh Government—seeking the tools to do its job.

For a second time, the laudable concept of reserved powers, which was so well explained by my neighbour the hon. Member for Montgomeryshire (Glyn Davies)—the hon. Member for Trefaldwyn—is in a reality little more than a series of glosses scribbled over the Government of Wales Act 2006: a cross-referencing exercise for lawyers and academics, shuffling backwards and forwards among documents. The people of Wales deserve clarity and permanence, whereas this remains an exercise in safeguarding the status quo and legislative sacred cows. The Government make much of lessons learnt from the draft Bill: the necessity tests have almost disappeared; ministerial consents no longer apply to so-called “Wales public bodies”, but they remain none the less; and the previous 267 reservations have been whittled down to 250. This is hardly evidence of a change of heart, although I particularly welcome the devolution of powers of heritage railways, having six in my constituency—very lovely they are, too, and I recommend a visit to any of them.

The Government have still got us jumping through hoops to maintain the fiction of a unified legal jurisdiction of England and Wales, when the very existence of the legislature at the Senedd, the growing body of Welsh legislation and the vast majority voice of civil and professional opinion together, in consensus, prove otherwise. Perhaps talk of distinct legal jurisdiction is the domain of political obsessives—we have heard this already this afternoon—but it is the very fabric of the infrastructure of government. It is boring, in the same way that the infrastructure of a country is boring, and roads and railways are boring—unless we have to travel to get somewhere and be there on time.

Wales is on a journey. Each new piece of constitutional legislation promises to deliver us at our destination, but the road ahead is not yet clear. We have had 17 years of learning to walk, but why are we still to be hobbled when we want to run? The present England and Wales single legal jurisdiction is past its sell-by date; it yokes together two diverging legal landscapes. Acknowledging this reality will remove the problem. Attempting to tie them together with legal shackles only underlines how much this is really about asserting London’s sovereignty over Wales—the last of the home colonies—and how little it is about mutual respect and support among equals.

What we have allegedly gained in the vaunted listening exercise between this Bill and the draft Bill runs the risk of being little more than a sleight of hand and a change of name. Out go necessity tests and in come justice impact assessments and a diktat to Assembly Standing Orders, which impose—as compulsory—something that Westminster treats as optional in its own affairs.

We are told that the protocol for dealing with disputes as a result of these assessments will be determined by the Justice in Wales working group—I am glad to learn of that working group, as it reflects the concern that some of us on the Welsh Affairs Committee had with the draft Wales Bill and that we raised in our report. None the less, it does concern me that there is no mention of these justice impact assessments in the working group’s remit. Indeed, there are concerns all round.

[Alun Cairns]

Does the hon. Lady accept that a justice impact assessment is a sensible thing for any mature legislature to have in relation to the scrutiny of legislation? If she does, what is her objection or question when I say that it is merely a statement of fact that helps with the scrutiny of a Bill, as we have not had justice impact assessments up until now?

[Liz Saville Roberts]

I note first of all that the impact assessments are compulsory in that they would be compulsory in their effect. However, for this Bill, they are not compulsory, but optional. We do not know for sure what results they could trigger. It interests me that they are not in the working group remit, but that they appear in the Bill. We should explore more fully what their impact is likely to be. Yes, at face value, they are to be welcomed, but we need to know more about them. We need to know the mechanism by which we will know more about them, and we need to be sure that that will feed into the process of this Bill.

Indeed, there are concerns all round about the pace of the Bill’s introduction, the need for scrutiny on its workability and how it synchronises with the timetable of the justice working group, which reports in the autumn. I anticipate that the Secretary of State will outline how these material issues co-ordinate, but I am disappointed that we are being asked to vote today on matters about which so many questions remain unanswered.

In passing, I also note further concerns about the working group. I seek a guarantee that the interests of Westminster departmental workings will be secondary to the best interests of Wales with regard to membership, remit and stakeholder evidence. To reiterate, I ask the Secretary of State to assure me that this Bill will not reach its Committee stage until the working group has reported. It would be unacceptable to move ahead in the present state of uncertainty.

I recall that, in discussions on the draft Bill, the sheer unworkability of the foundation principles meant that the reservations themselves did not receive proper attention. That must not happen again. We have had many speeches about the potential of Wales—I applaud the speech of the hon. Member for Newport West (Paul Flynn) who is no longer in his place—and how the Wales Bill should be looking to realise the fantastic future for Wales. We should be optimistic in our anticipations.

In fact, rather than giving the people of Wales more control over their own resources, some aspects of the Bill give the UK Government a greater hold. Clause 44 amends section 114 of the Government of Wales Act 2006—a section that gives the UK Government a veto on any Welsh legislation or measure that has an adverse impact on water quality or supply in England. Incidentally, that section is exclusive to the Welsh devolution settlement. It appears in neither the Scottish nor the Northern Ireland settlements. Rather than removing this section, bringing Wales into line with Scotland and Northern Ireland, clause 44 extends the veto to cover anything that has an adverse impact on sewerage systems in England, too—so we have water and now we have sewerage.

In last October’s debate on the flooding of Capel Celyn, I recall the Secretary of State referring to the joint Government review programme and how it was considering the Silk commission’s recommendation on water. I understand that this group is to report shortly. Perhaps the Secretary of State will be minded to amend the Bill to include a reciprocal power for the Welsh Government to veto UK Government measures that impact on Wales, or perhaps he will see sense and remove clause 44 from the Bill. That will, at long last, right the wrong of Capel Celyn and give Wales full powers over our own water.

Oral Answers to Questions

Debate between Liz Saville Roberts and Alun Cairns

Wednesday 25th May 2016 Commons Chamber

[Alun Cairns]

We of course discuss a range of issues that affect the Welsh economy. A Brexit vote would of course affect the Welsh economy in a negative way, with a £2 billion cost to the Welsh economy, costing 24,000 jobs. As we speak, we are seeing some spectacular employment data, but they are based on strong economic foundations and access to 500 million customers across Europe.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

11. Given that Wales is already underfunded by the Barnett formula and the UK Government, what detailed guarantees can the Secretary of State give that the £245 million actually reaches Wales?

[Alun Cairns]

I do not necessarily recognise the basis of the question. The hon. Lady forgets the historic funding floor, which my right hon. Friend the Chancellor introduced at 115%. That demonstrates the strength of the commitment that this Government are showing to Wales.

Oral Answers to Questions

Debate between Liz Saville Roberts and Alun Cairns

Wednesday 24th February 2016 Commons Chamber

[Alun Cairns]

I am grateful to my hon. Friend for raising this issue. He highlights the fact that the HS2 project is truly a national scheme. The Crewe hub offers significant potential to north Wales and to the northern powerhouse. I recently met the North Wales-Mersey Dee alliance rail taskforce, which also recognises the potential of north Wales for the northern powerhouse and the northern powerhouse for north Wales.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Much is rightly made of trends in employment in Wales, but average full-time workers’ pay in my constituency has dropped by 12% in the past two years. What is the Secretary of State doing to bring infrastructure projects, along with science and technology salaries, to Llanbedr and Trawsfynydd in Dwyfor Meirionnydd?

[Alun Cairns]

The hon. Lady is naturally a true champion not only of her own constituency but the whole of north Wales. She will welcome the significant investment in the prison in Wrexham and the £20 billion investment that Wylfa Newydd will bring. She has also shown interest in the modular nuclear projects at Trawsfynydd. I recently met the leader of Gwynedd Council to discuss the prospects that could result from my right hon. Friend the Chancellor’s announcement in the Budget making £250 million available for this scheme.

Oral Answers to Questions

Debate between Liz Saville Roberts and Alun Cairns

Wednesday 13th January 2016 Commons Chamber

[Alun Cairns]

The hon. Lady took part in that debate and she will recognise the way in which the Minister responded. He said that he was listening to the arguments and that he wanted to engage as positively as he could. I hope that she recognises the spirit in which that was intended.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Last July, the Culture Secretary and the Treasury informed the director-general of the BBC in a letter that S4C’s grant might be cut by the same percentage reduction as the BBC itself and that:

“It will be up to the Government to decide how to make up the shortfall.”

This is therefore not the only Government-driven cut facing S4C. What additional funds will the Government be providing over and above these DMCS cuts?

[Alun Cairns]

As the hon. Lady knows, charter renewal negotiations and discussions are under way at the moment, and I do not want to pre-empt any of the issues that will come out of that. Clearly, there will be a widespread consultation and I hope that she and other Members will engage positively in it.

[Liz Saville Roberts]

I understand, of course, that we are facing the BBC charter consultation, but given the BBC’s response in the current situation there is surely now room for cross-party consensus on Silk II’s recommendation that the funding of the public expenditure element of S4C should be devolved to the National Assembly for Wales.

[Alun Cairns]

I do not accept the basis of the question. During my right hon. Friend the Secretary of State’s discussion that led to the St David’s day agreement, there was not agreement on this issue. We are keen to progress in consensus so that we can take everyone forward. We need to remember that it was a Conservative Government who established S4C, which has been a great success since 1982. I hope that the hon. Lady will share in and recognise that success.

Oral Answers to Questions

Debate between Liz Saville Roberts and Alun Cairns

Wednesday 18th November 2015 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

2. What steps he has taken to ensure access to justice services in Welsh.

[The Parliamentary Under-Secretary of State for Wales (Alun Cairns)]

It was of course a Conservative Government who introduced the Welsh Language Act 1993, which provided for the use of the Welsh language in the courts system. We are committed to remodelling our courts to make them more cost-effective and efficient, and these changes will give due consideration to the needs of Welsh speakers.

[Liz Saville Roberts]

I take this opportunity to extend our sympathies to every nation that has suffered at the hands of IS in recent days, and to express concern at the news of the explosion in south Wales.

I understand that the Ministry of Justice has closed its consultation on the court and tribunal estate in England and Wales, which proposes the closure of 11 courts in Wales, including Dolgellau in my constituency, and that is without undertaking a Welsh language impact assessment, as required by law and under the Welsh language scheme. Will the Secretary of State ensure that a Wales-wide assessment is undertaken and that its recommendations are implemented before any decisions are reached on court closures?

Barnett Floor (Wales)

Debate between Liz Saville Roberts and Alun Cairns

Tuesday 10th November 2015 Westminster Hall

[Alun Cairns]

I will come to that point in a moment, but it is worth remembering that the Command Paper, which was agreed by all parties, was published earlier this year and that committed specifically to acting within the next spending review period. As I said, the Barnett floor and spending commitments for Wales will be published alongside that.

The £300 million spoken about compared with a budget of roughly £15 billion. It is also worth noting that when Holtham reported, there was total identifiable spending in Wales of approximately £29 billion.

A lot has changed since 2010, both financially and politically. A joint statement in 2012 by both Governments recognised the resonance of this issue in Wales. In particular, it recognised the Welsh Government’s concerns that their funding would converge further towards English levels. However, joint work with the Welsh Government at the previous spending review confirmed that funding is not forecast to converge during the period to 2015-16. That refutes the points made by several Opposition Members; that was joint work agreed with the Welsh Government. Furthermore, Holtham’s logic also illustrated that the relative level of funding per head had risen, or diverged to use the technical term, and it is now in the range that the commission regarded as fair.

[Liz Saville Roberts]

None the less, the Minister cannot ignore the 78% of 10,000 people responding to a YouGov poll who said that Wales should be funded to the equivalent level of Scotland, which would bring in an extra £1.2 billion.

[Alun Cairns]

I am grateful to the hon. Lady, but Scotland’s devolution settlement, and therefore its financial settlement, is naturally different. However, I pay tribute to her for her earlier point, when she asked why Labour did not act in its 13 years in government, when there was a greater divergence between the relative funding in Wales and England, and Wales was getting worse off.