United Kingdom Internal Market Bill

Debate between Lord Morris of Aberavon and Baroness Randerson

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 26th October 2020 Lords Chamber

[Lord Morris of Aberavon (Lab) [V]]

It has been a most interesting debate. I do not think I have anything to add. I await the Minister’s reply with great interest.

[Baroness Randerson (LD) [V]]

My Lords, the concept of common frameworks is notable for its absence from this Bill, as many noble Lords have said. For three years, they have been accepted as the way forward, on which the future operation of the UK internal market would be built. Now, they have been silenced.

I, along with a number of other noble Lords who have spoken on this and previous groups, am a member of the Common Frameworks Scrutiny Committee, ably chaired by the noble Baroness, Lady Andrews. I can report that common frameworks are alive and well and that a great deal of work has gone into them. There is general agreement from stakeholders, the devolved assemblies and UK Government representatives that they can provide a sensible and effective way forward. Amendment 6 seeks to flesh out the principles of co-operation on which they should work. That common frameworks process should be exhausted before the market access principles come into place.

The Government respond by saying that there is no need for common frameworks, as a concept, to be enshrined in legislation. I am sceptical. There are already signs that the Government are attempting to sidestep common frameworks—for instance, on the emissions trading scheme, where they have announced their intention to consider replacing it with a carbon tax, which would be a UK responsibility and would effectively take away the devolved powers. That is despite the fact that the common framework on this issue—emissions trading—has just about got to the final point. Despite the Minister’s assurances, I fear that the Government are poised to put the principles in the Bill into effect with the excuse that common frameworks have not proved workable.

Amendment 6 has cross-party support. Noble Lords have emphasised that it has been designed in consideration with the Welsh Government and reflects the well-founded concerns of the devolved assemblies. As with a number of issues, there is a lack of clarity on how common frameworks will link with the market access principles. Common frameworks set up a system—a framework—for the operation of markets, complete with dispute mechanisms. They allow for changing standards over time. So, I ask the Minister: how does this fit in with the provisions in the Bill that remove the right of devolved Administrations to introduce new standards in many circumstances? If the Government genuinely support common frameworks as the fundamental building blocks of the way forward, will the Minister agree to accept Amendment 6, which states that the Bill’s market access principles apply only after the common frameworks process has been exhausted? Will she clarify the relationship of the Bill to common frameworks? Will she accept our assurances that the Welsh Government, for instance, want common frameworks in the Bill?

Will the Minister also explain precisely how the measures in the Bill will guarantee that the devolved Administrations will be able to experiment and develop novel approaches, as they have in the past? That is how a great deal of social and environmental progress has been made in the last two decades. I give the example, used earlier in the debate, of single-use plastic bags. Wales experimented with the concept of paying for single-use plastic bags and was dramatically successful in reducing their use. The English approach to this, taken by the UK Parliament, was very sceptical, but Parliament saw that it worked and, in due course, England followed suit. Wales is an ideal size as an experimental sounding board.

Amendment 44 to Clause 9 refers to the non-discrimination principle. For clarity, can the Minister spell out to us where the requirement for the provision of, for example, labelling in the Welsh language would stand in relation to that principle? There is a legitimate reason for the need for Welsh labelling in certain circumstances, and as policy in relation to the Welsh language matures, it is fairly certain that there will be increasing demand and need for labelling in the Welsh language. How will that fit with the Bill?

Wales Bill

Debate between Lord Morris of Aberavon and Baroness Randerson

Committee: 1st sitting (Hansard) : House of Lords
Monday 31st October 2016 Lords Chamber

[Lord Morris of Aberavon (Lab)]

My Lords, I rise to make a brief point which I believe will be of practical importance. Some three years ago I gave evidence to the Constitutional Committee of the Welsh Assembly. It was my view that while there was undoubtedly a growing body of Welsh legislation the time was not yet ripe to deal with it in the way proposed by the noble Lord, Lord Wigley. There will come a time when we will have to grapple with it but it is certainly not a matter of urgent importance now and there are serious practical points of difficulty in moving in that way.

I say this against the background that much has been done in an administrative way; I join in the tributes paid to the former Lord Chief Justice, the noble and learned Lord, Lord Judge, who moved so much of the work of the higher courts to Wales, followed by the present Lord Chief Justice, Lord Thomas of Cwmgiedd. The work has been done and it has met many of the problems, one of which is that more cases of this kind should be set down in Wales. The process should start there as opposed to being started in London.

The serious issue is the consolidation of legislation already passed by the Welsh Assembly. Over the years that the Assembly has been in existence, Act after Act has been passed, particularly during the most recent period. Any practitioner, be they in Wales or in England, who has to advise a client in Wales on a matter arising in Wales concerning property, employment and so on has to turn up a whole host of literature in order to give proper and responsible advice, otherwise he will be accused of being negligent. I hope that before it is too late the Welsh Assembly will use its powers and resources to consolidate the existing legislation and thus make it easier for practitioners and ordinary litigants.

[Baroness Randerson (LD)]

My Lords, I rise with some trepidation among so many distinguished lawyers to make two brief points about the argument we have been having. The Government have acknowledged that there is a problem by setting up this working party, but I am not persuaded that they have done anything other than offer the working party as a sop to those who are concerned about this issue. If the working party was going to be rigorous and reach any kind of useful conclusion for us, it would have met several times by now. Otherwise it is up to the Government to say to us today that it will not be reporting this autumn but, rather, at some point in the distant future because it has discovered that there is a great deal of work to do. I therefore support the amendment tabled by my noble friend Lord Thomas because I believe that three years is a reasonable timescale for a commission to look rigorously and thoroughly at all the aspects of this.

I also endorse the comments of the noble and learned Lord, Lord Morris of Aberavon. The consolidation of Welsh law is becoming increasingly urgent. I know that the Minister is aware of it, having been a Member of the Welsh Assembly. Because the Assembly puts things on its website on the internet, they are not available in the printed format in which most law is available. People can find it difficult and complex to seek out legislation in order to find out which is the most recent version of the law. That issue needs to be discussed. Moreover, something that no one has mentioned so far in the debate is EU law, much of which has been incorporated into Welsh Assembly legislation. Once we have the great repeal Bill, I would ask the Minister how it is anticipated that this will be recognised within the single jurisdiction and whether the working party is considering the issue of EU law.

Wales Bill

Debate between Lord Morris of Aberavon and Baroness Randerson

Tuesday 11th November 2014 Lords Chamber

[Baroness Randerson]

The amendment refers to starting within six months of Royal Assent to this Bill—and, of course, that will not take place for some time yet, even assuming that it has a swift passage through the other place.

[Lord Morris of Aberavon]

I may have misheard, or it may have been a slip. Did the noble Baroness say St David’s Day 2016 or 2015?

[Baroness Randerson]

I will of course look at the record but I was firmly intending 2015. I think noble Lords understand that.

Perhaps I may have a moment to flesh out a little further the plans that my right honourable friend the Secretary of State and I are attempting to achieve. We are determined to achieve a comprehensive approach to the next stage of devolution in Wales and to achieve cross-party consensus. The simple fact, therefore, is that the noble Lord’s amendment is unnecessary.

The Government are committed to taking forward an ambitious programme for Welsh devolution and to achieve that programme through agreed, cross-party discussions. It is an ambitious timetable—much more ambitious, certainly, than that proposed in the amendment —but it is achievable and the Government are committed to delivering on it. Indeed, it is important to note that we are already working on this.

In this context, I urge the noble Lord to withdraw his amendment because the Government are determined to deliver on these commitments. We want to establish a common set of commitments that all parties in Wales have signed up to for the 2015 general election. This is an historic opportunity to achieve a major step towards a lasting and fair devolution settlement for Wales so that we are not constantly, year in and year out, having an ongoing discussion about what the next powers to be devolved to Wales should be. We want to settle this for the foreseeable future. I therefore urge the noble Lord to withdraw his amendment.

Wales: Commission on Devolution in Wales

Debate between Lord Morris of Aberavon and Baroness Randerson

Monday 18th November 2013 Lords Chamber

[Baroness Randerson]

I am disappointed that the noble Lord, who has given a great deal of thought to this matter, has not been able to welcome the vast majority of the Government’s response. I take issue with the idea that we are blindly following Scotland. There is no blindness about this. The Treasury has made its decision on this, based on the evidence that it took in relation to the specific situation in Wales. I have already referred to the significance of the very porous border between England and Wales, and to the fact that so many people live close to and cross it on a daily basis. That was borne in mind by the commissioners at the Silk commission when they produced their report, and the Government have had to take that into account as well.

[Lord Morris of Aberavon (Lab)]

My Lords, I thank the Minister for her Statement, and Mr Paul Silk and his fellow commissioners for the work that they have done.

In general, I welcome warmly the new powers for the Government of Wales, particularly borrowing powers, which are badly needed. But first, as the income tax proposals require a referendum, do I understand it correctly that the Welsh Ministers will campaign for a yes vote for all the tax powers proposed? Secondly, can the Minister clarify a problem that I have already raised with her at Question Time? Will the borrowing powers to be used for the upgrading of the M4 around Newport and other major road improvements in Wales be financed solely from the new powers of taxation, or will some funding still come from the Chancellor of the Exchequer, and if so how much?

[Baroness Randerson]

I thank the noble and learned Lord, Lord Morris of Aberavon, for referring to borrowing powers. As we discuss tax-raising powers, we should not overlook the significance and importance of borrowing powers, particularly as they will enable us to be fleet of foot and ensure that the Welsh Government get the money that they require.

The noble and learned Lord asks how Welsh Ministers will be campaigning in a referendum. I cannot speak for Welsh Ministers. They must make up their mind—they are members of a different party and Government from me. However, it seems fairly unlikely that a referendum would be called if they were going to campaign against it, but it is not impossible.

I am unable to give the noble and learned Lord a detailed answer on the precise funding model for the M4. That still has to be worked out. The devolved responsibility for infrastructure means that the burden of the repair and construction of roads in Wales falls on the Welsh Government to a very large extent.

Wales: Financial Powers

Debate between Lord Morris of Aberavon and Baroness Randerson

Monday 4th November 2013 Lords Chamber

[Baroness Randerson]

I thank the noble Lord for his Question. Undoubtedly the continued interest in this issue from all sides of the House and well beyond it will have had an influence on ensuring that we had a positive response to the Silk commission’s first report. The Silk commission made 33 recommendations but the announcement on Friday did not go into detail on many of those. A full response to the Silk report will be issued in the next couple of months so that we will be able to deal with this by the end of the year. The intention is that a draft Wales Bill will incorporate Silk recommendations that the Government have accepted, where legislation is necessary. The Government intend to pursue that, if possible, in the fourth Session of this Parliament.

[Lord Morris of Aberavon (Lab)]

My Lords, I was glad to hear the Prime Minister say on Friday that he believed in devolution. I was hoping for the Welsh Secretary to say something on his visit too. Does he also believe in devolution? In the absence of a more equitable allocation of financial resources by Westminster to Wales, do the Prime Minister’s proposals mean that to fund matters such as a Newport road development, Wales will be expected to pay for them out of new Welsh taxes?

[Baroness Randerson]

The noble Lord has asked two essential questions. My colleague the Secretary of State for Wales has worked extremely hard to ensure that this report has had a positive response from the UK Government. I remind the noble Lord that there was an agreement in October 2012 between the Welsh Government and the UK Government on the future of the Barnett formula. The agreement was that there would be a review process at each spending review, and that if there was future convergence—if that started again—then it would be dealt with by the two Governments working together.