Crown Estate Bill [HL]

Lord Murphy of Torfaen Excerpts

Report stage
Tuesday 5th November 2024 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I will speak to Amendment 6 in my name and Amendment 11 in the name of the noble Lord, Lord Hain. I thank the noble Baroness, Lady Smith of Llanfaes, for signing my amendment. We debated a similar amendment in Committee, where those of us who argued for the devolution of the Crown Estate to Wales made strong arguments in favour of it. Other noble Lords, including the noble Lord, Lord Wigley, and the noble Baroness, also presented strong cases for their amendments on the transference of the management of the Crown Estate in Wales to the Welsh Government, on separate reporting within the annual accounts of the activities of the Crown Estate in England, Wales and Northern Ireland, and on other issues. I thank both noble Lords for their commitment to this issue.

Public opinion in Wales is behind the devolution of the Crown Estate, with a YouGov poll last year showing that 58% of the people of Wales support such a move. Senedd Cymru has supported its devolution, as have the majority of political parties in Wales, including my party—the Welsh Liberal Democrats and our federal party. I was encouraged this week to find that, in their response to the final report of the Independent Commission on the Constitutional Future of Wales, the Welsh Labour Government said:

“Our longstanding position is that the Crown Estate should be devolved to Wales in line with the position in Scotland”.


That being so, I am disappointed that the Welsh Government were not consulted when this Bill was being prepared.

There are frustrations in Wales, as Scotland is seen to be benefiting from the devolution of Crown Estate powers to the Scottish Parliament, not only through the receipts paid to it but in the control, power and influence that Scotland has over the use of its resources. Scotland appears to move on while Wales lags behind. For us, the process of devolution appears to have come to a stop. There are real concerns that, by the time Wales has control over the Crown Estate, much of the wealth will already have been extracted.

As we appear to have reached something of an impasse, the way forward might be to follow the process followed by the Scottish Affairs Committee in the other place in the lead-up to the devolution of the Crown Estate there. It published a number of reports, one of which in 2014 identified issues in the management of the Crown Estate’s responsibility, particularly in relation to the seabed and foreshore. It looked at issues including

“accountability and transparency … communication and consultation with local communities … cash leakage from local economies … arising from the way the CEC operates … The evidence did not identify such problems with the CEC’s management of its urban and rural estate”,

only those relating to the seabed and foreshore.

We would therefore welcome any decision of the Welsh Affairs Committee to initiate an inquiry to determine if similar problems apply to Wales. It is not of course our place in this Chamber to call for that, but an evidence-taking committee of inquiry would provide the evidence to move this issue forward and address any lessons learned since the devolution of the Crown Estate to Scotland.

As I said in Committee, my amendment does not call for a timescale for the devolution of the Crown Estate to the Welsh Government, because I accept that this will not be completed overnight. However, I am also disappointed that the amendment of the noble Lord, Lord Hain, which the Minister has signed, does not lay any foundation or route map for the transference of powers to Wales. Because of this, I am minded to seek the opinion of the House on my Amendment 6.

I want to make a couple of comments on Amendment 11, but as the noble Lord has not had the opportunity to speak to his amendment yet, my comments will be brief. I am grateful to the noble Lord for tabling his amendment and recognise the time and the cross-party work he put into its preparation—I know it was no easy feat. I am also grateful to the Minister, who has signed Amendment 11. This represents a major change in his stance since Second Reading and Committee of the Bill, and I also acknowledge how difficult this process must have been for him as Treasury Minister.

However, this major change in the Minister’s stance will be seen as the smallest, most insignificant step for those advocating the devolution of the Crown Estate to Wales. Amendment 11 calls for three commissioners to be appointed, one each to represent England, Wales and Northern Ireland and to be

“responsible for giving advice about”

their respective nations.

I have two questions, which I hope the noble Lord or the Minister will be able to address. First, proposed sub-paragraph (3C) refers to

“the giving of advice to the Commissioners about conditions in that part so far as relating to their functions in relation to land there”.

I assume that the use of the word “land” excludes the giving of advice about the more lucrative foreshore and seabed. If it does exclude the foreshore and the seabed, why are they not included?

Secondly, in a nod to devolution, in sub-paragraph (4B) Welsh Ministers are to be “consulted” about the commissioner for Wales before the recommendation is made to His Majesty. Can the Minister confirm that “consulted” means that Welsh Ministers are to take no part in the actual appointment of the commissioner for Wales?

I am seeking more for Wales than Amendment 11 provides. With the devolution of the Crown Estate, we could see an economic boost built on the success of renewable projects around our coastline, reviving coastal communities and ensuring the benefits from these projects are actually felt by those living near them in Wales. I beg to move.

[Lord Murphy of Torfaen (Lab)]

My Lords, I will speak to move Amendment 11 on behalf of my noble friend Lord Hain, who cannot be with us this afternoon. I was present in Committee on the Bill and listened with great interest to noble Lords discussing the issue of devolving the Crown Estate to Wales. I had a great deal of sympathy with the points that were made. I believe it is incongruous that it has already been devolved to Scotland but is not devolved to Wales or Northern Ireland. I speak as someone who was Secretary of State for both Wales and Northern Ireland. Therefore, I welcome the amendment tabled by my noble friend, in so far that it means that there will be commissioners specifically responsible for giving advice to the Crown Estate itself on behalf of Wales and Northern Ireland—which is very good.

I take the point made by the noble Baroness, Lady Humphreys, about consultation, but it is pretty clear to me that it would be a very foolish Government to appoint commissioners who were not approved by the First Minister in Cardiff and the First and Deputy First Ministers in Belfast. It is a start, though it is not exactly everything that was wanted. I agree with the noble Baroness, Lady Humphreys, that my noble friend the Financial Secretary has indeed moved his stance to one which would be agreed to by lots of people in Wales, and I guess in Northern Ireland.

We are living in different times; we now have a Labour Government in Cardiff and in Whitehall. I believe it is important that Governments can get together and talk about these issues in a very special way. That is why this amendment is before us this afternoon: exactly because there have been proper discussions, which I guess the Secretary of State for Wales has also been involved in. Personally, I do not think it goes far enough, but as I said, it is a start.

In the new regime—in this new Britain since the general election—there is a very serious case to be made for a much better relationship between the devolved Administrations and the United Kingdom Government. We have a new Council of the Nations and Regions, which will do a great deal of good for that relationship. We have a situation in Northern Ireland where we now have the Executive up and running, at last, and I congratulate the previous Government on the work they did on that. In this new era, where devolution means something very different from what it has meant over the last number of years, we have to believe that this new relationship will result in decisions such as this one.

I hope that this is not the end of the discussions between the Treasury, the Government, the Welsh Government and the Northern Ireland Executive; I hope it is the beginning of discussions on these issues, not just on this one, but on other ones as well. In my personal view, I hope that, ultimately, the Crown Estate should be devolved. However, we are where we are: the Government have made a concession, the Financial Secretary has very kindly signed my noble friend’s amendment, and I very much look forward to what he has to say in the course of this important debate.

[Baroness Smith of Llanfaes (PC)]

My Lords, I will speak to both amendments in this group. I thank the Minister for the comprehensive letters he wrote to Members who took part in Committee, addressing some of our unanswered questions.

I will set out the context of how I am approaching this group. At Second Reading, I outlined clearly how the draft legislation did not deliver fairness for Wales for four key reasons: first, the Crown Estate profits will not be retained in Wales; secondly, the proposed changes to the Crown Estate board do not include Welsh representation; thirdly, expanding investment and borrowing powers for the Crown Estate may undermine the Welsh Government; and, finally, the Bill does not make provisions to promote the economic or social well-being of Wales. In Committee, I tabled three amendments, and my noble friend Lord Wigley tabled an additional three, which sought to remedy these four key issues from a Welsh perspective—issues on which Plaid Cymru has long campaigned.

--- Later in debate ---

Moved by

[Lord Murphy of Torfaen]

11: After Clause 2, insert the following new Clause—
“Commissioners with special responsibility(1) Paragraph 1 of Schedule 1 to the Crown Estate Act 1961 (constitution etc), is amended as follows.(2) Before sub-paragraph (4) insert—“(3B) The commissioners appointed under this paragraph must include—(a) a commissioner responsible for giving advice about England,(b) a commissioner responsible for giving advice about Wales, and (c) a commissioner responsible for giving advice about Northern Ireland.(3C) References in sub-paragraph (3B) to “giving advice about” a part of the United Kingdom are to the giving of advice to the Commissioners about conditions in that part so far as relating to their functions in relation to land there.(3D) A commissioner’s responsibility for giving advice under sub-paragraph (3B) is additional to the other responsibilities of a commissioner.”(3) Before sub-paragraph (5) insert—“(4B) No recommendation may be made to His Majesty for the appointment of a person as a commissioner under sub-paragraph (3B)(b) or (c) unless—(a) the Welsh Ministers have been consulted about the appointment, in the case of an appointment under sub-paragraph (3B)(b), or(b) the Executive Office in Northern Ireland has been consulted about the appointment, in the case of an appointment under sub-paragraph (3B)(c).””Member's explanatory statement
This new Clause would require the persons appointed to be Crown Estate Commissioners to include three commissioners who are able to provide the Commissioners with advice about conditions in England, Wales and Northern Ireland respectively, so far as they relate to the functions of the Commissioners.