Wales Bill

Debate between Liz Saville Roberts and Nia Griffith

Monday 12th September 2016 Commons Chamber

[Liz Saville Roberts]

We would argue that a distinct legal jurisdiction is needed for the quality of decisions to be made consistently. We are travelling in that direction. We need clarity on the matter. To be simple about it and not to reiterate the details that are in the amendment, the Welsh Assembly is the only legislature in the world that does not have its own jurisdiction. That in itself is a pretty clear argument.

We offer the Government a pragmatic solution to the issue that will ensure the long-term sustainability of this devolution deal for the people of Wales. Obviously, Plaid Cymru would prefer to see a clean break, with the creation of a separate legal jurisdiction, but our amendment offers a reasonable position that I hope the whole House will recognise as necessary. For this reason, I will be pressing the amendment to the vote.

On the Government and Opposition amendments, new clause 4 stops the devolution of decision-making powers over when to hold elections for police and crime commissioners in Wales. As it is another example of this Government’s shameful misunderstanding of what devolution means, we will not support this amendment if it is pressed to the vote, but we do not intend voting against it. Government amendments 3 to 8 are uncontentious and technical, and warrant no further discussion at this point.

A number of Government amendments are based on recommendations made in July by the Presiding Officer of the National Assembly for Wales, Elin Jones. Plaid Cymru had tabled these amendment in earlier stages and we are pleased to see that the Secretary of State has now endorsed our position. We are disappointed, however, that the Government have failed to recognise the Presiding Officer’s recommendations concerning the legislative consent process and the restoration of the Assembly’s current ability to legislate in an “ancillary” way on exceptions from competence.

Amendments 9 to 12 give the Presiding Officer, rather than the Secretary of State, powers over when to call a Welsh general election. These amendments, based on the Presiding Officer’s recommendations, are welcomed by Plaid Cymru and will be supported. We support Government amendments 14 to 18, which make changes to the finance provisions in the Bill. These are further examples of amendments proposed by the Presiding Officer which the Government have accepted. We also support the related consequential amendments, Government amendments 30, 31, 44, 48 and 51.

Amendments 19 to 22 laid by the Government insert the Welsh names of institutions into the Bill for clarity. These amendments are not controversial. Government amendment 26, which clarifies the ability of an Assembly Act to specify the prosecutor of an offence within devolved competence, is also based on the recommendations made by the Presiding Officer. I appreciate the Secretary of State’s explanation of this clarifying amendment, which we support.

Plaid Cymru also supports Government amendments 28 and 29. Amendment 28 allows for changes to the role of the Children’s Commissioner by the Assembly. Amendment 29 removes prohibition on the ability of an Assembly Act to modify sections 145 and 145A of the Government of Wales Act 1998, relating to examinations and studies by the Auditor General for Wales—again, a change suggested by the Presiding Officer. Government amendments 32 and 34 to 36 are technical changes or remove errors in the wording of the Bill. Government amendment 33 clarifies areas in which areas UK Ministers will retain authority. Although this is a technical change, we fundamentally disagree with the principle of this section of the Bill and will, if necessary, vote against the amendment.

Government amendments 39 to 42 increase the number of devolved bodies listed in schedule 4. We are pleased that the list has expanded, but the fact that the Government has had to expand it before the Bill is even enacted illustrates what Plaid Cymru has said from the beginning—that the Bill is overly restrictive and in the long term will inevitably become unworkable.

Amendment 43, tabled by the Government, allows Orders in Council to be used to make provision for proclamations related to the timing of elections, as provided for by amendments 11 and 12. As we support amendments 11 and 12, we will also support this amendment. Government amendment 49 is a technical change relating to the understanding of Wales public authorities. This amendment is not contentious. Government amendments 52 to 57 are either consequential or technical amendments. There is no need for comment on them at this time.

In conclusion, I look forward to the Secretary of State’s response.

[Nia Griffith]

I rise to speak to new clause 3, on railways, and to amendment 2, on the community infrastructure levy.

Back in our Labour manifesto for the 2011 Assembly elections, we put forward the idea of exploring the possibility that a not-for-profit organisation should have the option to bid for the Wales and Borders rail franchise, in the same way that Dŵr Cymru Welsh Water is owned by a not-for-profit organisation. Giving the Welsh Government further powers over rail transport brings decision making closer to people in Wales. Currently, the provisions of the Railways Act 1993 mean that it is not possible for a public sector body to bid for the franchise, which limits the options. Yet, ironically, a German state-owned company can operate the very same franchise.