Crime: Domestic Violence

Debate between Lord Wallace of Tankerness and Baroness Gale

Tuesday 13th May 2014 Lords Chamber

[Baroness Gale]

To ask Her Majesty’s Government what assessment they have made of the number of prosecutions brought for domestic violence.

[The Advocate-General for Scotland (Lord Wallace of Tankerness) (LD)]

My Lords, the number of domestic violence cases referred to the Crown Prosecution Service by the police reduced in 2012-13. However, the conviction rate for such cases was 74.3%, its highest ever recorded level. The fall in referrals was considered in a report on the police response to domestic abuse published by Her Majesty’s Inspectorate of Constabulary in March 2014. The Home Secretary will be chairing a national oversight group to monitor delivery against HMIC’s recommendations, improve consistency in charging and ensure that the police make appropriate referrals to the CPS.

[Baroness Gale (Lab)]

My Lords, I thank the Minister for his response. He mentioned that the number of referrals by the police had increased and the number of successful prosecutions had reduced. The recent report from HMIC shows that police forces are failing and that victims of domestic violence have been faced with a lottery. The report concluded that the overall police response to victims of domestic abuse is not good enough. Does the Minister agree that much more needs to be done to ensure that police forces are trained and fully aware of what they need to do to ensure that victims of domestic abuse and women who are murdered at the hands of their partners and ex-partners will receive the correct response from police forces so that the perpetrators can be brought to justice?

[Lord Wallace of Tankerness]

My Lords, I very much agree with the noble Baroness, who has a long record of campaigning and taking an interest in this issue. Just to clarify, it is the number of successful prosecutions that was at the highest level ever recorded. However, I agree with what she said about the conclusions of the HMIC report—they are very disturbing. That is why the Home Secretary will chair a national oversight group to monitor delivery against the recommendations, which have been accepted. She has already written to the domestic abuse leads in each police force and to the chief constables to make clear the expectation that plans should be produced quickly and emphasise that urgent action should be taken to address HMIC’s concerns. The noble Baroness is absolutely right that domestic violence is wholly unacceptable and is very damaging to the victims. It is only right that we take every step possible to improve the prosecution of it.

Scotland: Independence

Debate between Lord Wallace of Tankerness and Baroness Gale

Thursday 1st March 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I have seen a number of the details of the poll published this morning by the BBC, which shows an overwhelming opposition to independence. As I indicated in answering questions on Tuesday, your Lordships’ House will continue to give the scrutiny that it has given since 1999 to non-devolved matters, and I expect that to be the case in any reformed House.

[Baroness Gale]

My Lords, the Secretary of State for Wales, the right honourable Cheryl Gillan, has indicated that she may look at proposals to align Welsh Assembly constituencies with the new parliamentary constituencies, with 30 constituency seats and 30 list seats for the Assembly instead of the 40 constituency seats and 20 lists seats at present. The noble and learned Lord, Lord Wallace of Tankerness, said in reply to a question from me in Grand Committee on 22 November 2011 that no change would be made without proper consultation. Is there a date for such a consultation and have any discussions been had with the First Minister, Carwyn Jones? Does he agree with me that any changes to the Assembly boundaries must be made with the full consent of the Welsh people, through a referendum, in keeping with the spirit of devolution?

Devolution: Wales

Debate between Lord Wallace of Tankerness and Baroness Gale

Tuesday 28th February 2012 Lords Chamber

[Baroness Gale]

My Lords, when the Government established the Commission on Devolution in Wales—the so-called Silk commission—it was surprising to learn that reform of the Barnett formula was excluded from its remit, despite it being a flagship manifesto commitment of both coalition parties. Are the Government still committed to reform of the Barnett formula and, if so, when will it happen?

[Lord Wallace of Tankerness]

My Lords, I am sure that the noble Baroness will reflect that the Barnett formula has implications for all parts of the United Kingdom and therefore it would not have been appropriate for the Silk commission to look at it in relation to Wales in isolation. That is why the Calman commission, looking at Scottish devolution, did not feel able to look at the Barnett formula. This Government have indicated that, while there is a case for looking at the Barnett formula, it is important that we first bring the finances of the United Kingdom under control. That is a precondition for any movement on the Barnett formula. For noble Lords who are keen to talk about the Barnett formula, the noble Lord, Lord Barnett, has tabled an amendment to the Scotland Bill which I very much hope will be debated later this evening.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Wallace of Tankerness and Baroness Gale

Wednesday 18th January 2012 Lords Chamber

[Baroness Gale]

My Lords, I speak in support of the amendments and thank my noble friend Lady Gould for speaking to this group in such a comprehensive manner. What we are discussing today is not whether we should have more or fewer immigrants; rather, the matter at hand is whether legitimate migrants are able to exert their rights.

Amendments 62 to 67 work together to extend the availability of legal aid for immigration matters. The Government have proposed that legal aid will be available to a person seeking indefinite leave to remain after suffering domestic abuse by their partner. Furthermore, their partner must be present and settled in the United Kingdom. My noble friend Lady Gould's amendments would extend that to someone who is seeking any form of leave to remain, and their partner would not necessarily need to be present and settled in the United Kingdom. So they only fractionally extend the coverage to ensure that all women who suffer domestic abuse and try to escape will be given the protection they need. A failure to accept the amendments would mean that some women might feel trapped in an abusive relationship, wanting to escape from it but knowing that, because they slip through the Ministry of Justice's legislative cracks, they would not get the help that they would need.

Amendments 69A and 70A would extend legal aid to immigration matters relating to entering or remaining in the country for three classes of persons: those under 18; those who have been subjected to gender-based violence; and those unable to represent themselves due to a physiological or psychological condition. Amendments 69B and 70B would extend legal aid to immigration matters relating to entering or remaining in the country for those under 18.

We support all the amendments. I am pleased that my party's position is that immigration matters should remain in the scope of legal aid to the same extent that they are now. That forms part of our overall commitment to keeping social welfare legal aid fully in scope by re- tendering criminal legal aid contracts in line with our 22 March 2010 paper, Restructuring the Delivery of Criminal Defence Services. Unamended, the Government's approach means that significant cracks will form in the provision of immigration law legal aid. Many claimants with very good cases will fail to exert their rights legitimately because of the current proposals’ failures. My noble friend Lady Gould's package of amendments clearly demonstrates one of these cracks.

A failure to accept the amendments might mean that people could be forced into accepting domestic abuse for fear of losing their children, their friends and the life they live in the United Kingdom. It could be regarded as a charter for abusers because of the difficulties that women will face in removing themselves from an abusive relationship. It will lead to chaos in the immigration system. Legal aid advice and representation oil the system, allowing interactions to occur professional to professional. Our system, which some would regard as creaking under the weight of poor decision-making and a high volume of cases, cannot afford this kind of radical deprofessionalisation.

I have one final, quite specific question for the Minister. Will Clause 9 funding be available for vulnerable children in complex immigration cases? The Government’s long-standing position is that Article 6 of the European Convention on Human Rights does not apply to immigration, and I believe that that would prevent these cases ever being funded under Clause 9. This ties in somewhat with Monday’s debate on the needs of young people.

I urge the Minister to listen to what has been said tonight. Earlier, the noble Lord, Lord McNally, proved to be in a listening mood when he replied to the debate on domestic violence and child abuse. The aim of this amendment is perhaps of a similar nature in that it deals with women suffering from domestic abuse. Therefore, I urge the Minister to continue in the vein of the noble Lord, Lord McNally, this afternoon when he said that he was prepared to listen—and indeed it seemed to me from his responses that he was listening. I hope that the Minister will continue to listen tonight. Noble Lords who have put their names to this group of amendments should be confident that if the Minister does not listen, we would support the amendments if they were brought forward at a future date, and we would take our own position on the provision of immigration law legal aid.

[Lord Wallace of Tankerness]

My Lords, first, I thank the noble Baroness, Lady Gould of Potternewton, for introducing the amendments, and I thank the noble Baroness, Lady Gale, who encouraged me to listen. I hope to indicate later that in some respects we have already been listening.

Amendments 62 to 67 propose to make an amendment to paragraph 25 of Part 1 of Schedule 1. This paragraph provides for those applying for indefinite leave to remain on the grounds that they have limited leave to enter or remain as a partner of another individual present and settled in the United Kingdom and that the relationship has broken down permanently as a result of abuse. Such matters are to be within the scope of legal aid. The arguments regarding partnerships which have broken up and the power relationship that can result were very well made.

Amendment 62 seeks to extend the scope of legal aid to those applying for “leave to remain” as opposed to “indefinite leave to remain”. Amendment 65 seeks to remove the need for a person’s partner to be present and settled in the United Kingdom, and Amendments 66 and 67 are consequential amendments, removing the definitions of “indefinite leave to remain” and “present and settled in the United Kingdom”. We do not believe that these amendments are necessary. The provision as currently worded in the Bill is directly linked to Rule 289A of the Immigration Rules, which deals with applications for indefinite leave to remain by victims of domestic violence on a limited spousal visa. This is deliberate: other than via the Immigration (European Economic Area) Regulations 2006, the appropriate route for someone to apply would be through the Immigration Rules. Where the person’s partner has only a temporary form of residence, it is not clear that they intend, or indeed whether they would have a right, to reside more permanently in the country. As such, we do not believe that these cases require funding.

Amendments 63 and 64 relate to partners of EEA nationals, known as third-country nationals, and are similar to an amendment raised in the House of Commons—I think that the noble Baroness mentioned the debate that took place there either in Committee or on Report. These amendments are intended to bring within the scope of civil legal aid services applications from partners of EEA nationals who require confirmation of their right to reside in the United Kingdom where their relationship has broken down permanently as a result of domestic violence, as well as any subsequent appeal. EEA nationals and their family members, if from a third country, have a long-term right to reside in the United Kingdom if they are economically active or are able to support themselves without becoming an unreasonable burden on public funds.

The Immigration (European Economic Area) Regulations 2006 make provision for family members to remain in the United Kingdom; that is that their right to reside can continue if they cease to be a family member of an EEA national because their marriage or civil partnership, on the basis of which they are a family member of an EEA national, breaks down as a result of domestic violence. The application is different for those people who apply for indefinite leave to remain under the domestic violence provisions in the Immigration Rules, where the rules that apply are different.

Nevertheless, as has been pointed out, and as my honourable friend, Mr Djanogly, has said, we will look further at this point. I indicated earlier that we believe that some of the initial concerns raised are covered and we do not believe that the amendments are necessary. However, it is only reasonable, in the light of what was said by the noble Baroness, Lady Gale, that we ensure that we have addressed the points which she made in that regard.

Amendments 69A and 70A deal with making legal aid available to certain categories of vulnerable persons for immigration matters. I think there are another two amendments in this group which have not been moved but I shall try to deal with them. Part of Amendment 70A —that which seeks to cover those persons who have suffered domestic violence at the hands of spouses or partners—is already covered by the Bill at paragraph 25 of Part 1 of Schedule 1, where the application for indefinite leave to remain in the United Kingdom meets the requirements of that paragraph. We decided that, on reflection, the issues faced by those facing domestic violence were such that special provision should be made for them. Without legal aid, there is a real risk that such people will remain trapped in an abusive relationship for fear of jeopardising their immigration status. Furthermore, they have only a limited window in which to submit their immigration application when they leave their partners and after that period their access to public funds ceases. However, these factors do not apply to other categories of vulnerable persons that have been suggested in the amendments.

As we have indicated on numerous occasions in these debates, we believe that we should target legal aid on those who need it most. In general, we want to prioritise asylum cases, which can be about life and death, over immigration cases. I do not deny for a moment the importance of such cases to the individuals concerned, but they do not raise the same issues.

Children will not normally be applicants in asylum and immigration cases, as they are usually considered as part of their parents’ application. Child applicants are much more likely in asylum cases, for which, of course, legal aid will remain available. Most immigration claims are straightforward and, in the majority of cases, we expect the child, with the help of a guardian, to be able to complete the process without recourse to specialist help. The noble Baroness, Lady Gale, asked about children's applications, their interaction with Article 6 and whether exceptional funding would be available. The answer, as I think she anticipated, is that it would not. The position in the Bill is that exceptional funding should be granted only where it is required by law; that is that denying legal aid would risk a breach of an individual's rights under EU law or the ECHR. Case law has been consistent: that immigration cases do not, as she indicated, involve such a determination and, as such, exceptional funding would not be available.

I have sought to try to give some reassurances and I urge the noble Baroness, Lady Gould, to withdraw her amendment.

Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2011

Debate between Lord Wallace of Tankerness and Baroness Gale

Tuesday 22nd November 2011 Grand Committee

[Lord Wallace of Tankerness]

If I am right, I have those details and will come to them in my remarks. The position is that the Boundary Commission for Wales is an independent body that is responsible for reviewing parliamentary constituency boundaries in Wales. Prior to the Parliamentary Voting System and Constituencies Act 2011, Welsh Assembly constituencies were coterminous with United Kingdom parliamentary constituency boundaries. Formerly, as well as carrying out general reviews of all parliamentary constituencies every eight to 12 years, each of the four boundary commissions in the UK was empowered to carry out interim reviews of particular constituencies in between those general reviews, if that was thought necessary. Such reviews could, for example, take account of changes to local government boundaries that affected the boundaries of parliamentary constituencies.

The 2011 Act provides for more frequent general boundary reviews—they will now take place every five years—which will help to ensure that general reviews are better able to take account of changes in the electorate or changes in local government boundaries. This makes it less important and less practicable to have interim reviews, and the Act removes the provision for the boundary commissions to undertake interim reviews in between general reviews.

The Boundary Commission for Wales was the only boundary commission to be engaged in interim reviews while the PVSC Act was going through Parliament. That Act provides for any interim reviews of parliamentary constituencies by the Boundary Commission for Wales that were pending at the time of the passing of the 2011 Act to be completed and implemented, though the recommendations arising from the reviews will apply only to Welsh Assembly purposes. As the 2011 Act requires the Boundary Commission for Wales to carry out a general review of all Welsh parliamentary constituencies by October 2013, there is no need for the recommendations arising from the interim reviews to be applied to Welsh parliamentary constituencies as they will soon be overtaken by the general review.

The draft order implements the recommendations of four such pending reviews by the Boundary Commission for Wales. The reviews make recommendations regarding the boundaries between the following constituencies: Brecon and Radnorshire, and Merthyr Tydfil and Rhymney; Ogmore and Pontypridd; Cardiff North, and Cardiff South and Penarth; Cardiff South and Penarth, and Vale of Glamorgan. The Boundary Commission for Wales carried out the reviews as a result of four orders made by Welsh Ministers during the period 2008 to 2010 that made changes to the boundaries to local government areas in Wales. As a result, the boundaries between certain parliamentary constituencies in the areas covered by the local government boundary changes no longer followed the new local government boundaries.

In each review, the boundary commission proposed that the boundary between the parliamentary constituencies covered by the review should be altered to conform to the new local government boundaries. It also proposed that there should be a corresponding change to the boundary between the Assembly electoral regions in the areas concerned, where this was affected by the new local government boundaries. As I have said, these changes involve relatively small changes on the map and relatively few electors—approximately 900 in total; in answer to my noble friend’s question, I will shortly come on to a breakdown of some of those figures—but obviously they are significant for electors locally. For example, with regard to Brecon and Radnorshire, and Merthyr Tydfil and Rhymney, a number of electors have been transferred to a local authority since the review transfers the constituency, and indeed the region, for the purposes of elections to the Welsh Assembly. The order addresses misalignments between Assembly and local authority boundaries.

As I said, in total four representations were received on the proposals in the four reviews. They included one from Mr Owen Smith, the honourable Member for Pontypridd, who I understand wrote to support the recommendations in relation to the Ogmore and Pontypridd seats. In each review, no objections were received and the commission therefore confirmed its recommendations in its final report to the Deputy Prime Minister.

As I said, the draft order gives effect to the recommendations made in the four Boundary Commission reviews without modifications by amending the earlier Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006. The core of the order is Articles 3 and 4, which implement the recommendations by inserting new provisions into the 2006 order which will fix the Assembly constituencies by reference to local government areas as they stood on 1 December 2010.

Eighteen electors move from the Brecon and Radnorshire constituency to the Merthyr Tydfil and Rhymney constituency and, in doing so, they move from the Mid and West Wales Assembly regions to the South Wales East region. In the review concerning the Ogmore and Pontypridd constituencies, 733 electors move from parts of the Ogmore constituency to the Pontypridd constituency, while 96 move in the opposite direction, meaning that a net total of 637 electors move to the Pontypridd constituency. Again, that is a net figure of those who move from the South Wales West Assembly region to the South Wales Central region. Forty-six electors move from Cardiff South and Penarth constituency to the Cardiff North constituency, and, as they are both in the same South Wales Central region, that does not make any difference to the regions. Three electors are transferred from Cardiff South and Penarth to the Vale of Glamorgan constituency, and, again, both seats fall within the South Wales Central electoral region. I hope that that answers the detailed question posed by my noble friend.

Articles 5 and 6 make consequential changes to other provisions in the 2006 order, and Article 7 requires the relevant electoral registration officers for the affected areas to make the necessary alterations to their electoral registers. These are standard provisions in orders about boundary changes.

It is perhaps important to point out that the draft order will have no practical effect until the next Welsh Assembly general election scheduled for 2016. In the mean time, any by-elections for the Assembly which might occur in the areas affected will take place on the existing boundaries.

These changes are relatively small updates to the existing boundaries. The Government recognise that a wider debate has begun in Wales about future arrangements for the Assembly in the light of the forthcoming reduction in the number of UK parliamentary seats in Wales. We are looking at the implications of this reduction on the Assembly, and I can assure noble Lords that any decision in favour of change would be taken only following thorough public consultation.

I hope that that has given an explanation of the draft order. I commend it to the Committee and hope that we will be able to agree that this order should proceed. I beg to move.

[Baroness Gale]

My Lords, I thank the Minister for giving his explanation of the order. He said that the numbers were small and that it was more or less a tidying-up operation in terms of the boundaries.

In October 2010, the Boundary Commission for Wales submitted a report that affected the constituencies of Brecon and Radnorshire, where 18 electors were affected. In January 2011, the Boundary Commission submitted a further three reports. Those affected the boundaries of Ogmore, Pontypridd, Cardiff North, Cardiff South and Penarth, and the Vale of Glamorgan. Again, small numbers are affected, except in Pontypridd, where the number is 600-odd. By that time, we were in the run-up to the Assembly elections, so there was no time to implement the changes, but we hope that the changes in the order before us today will be ready for the 2016 Welsh Assembly elections.

Paragraph 7.3 of the Explanatory Notes says that,

“the Order is being brought forward in good time for the next Welsh Assembly elections”.

Paragraph 9.1 says:

“The changes being made … will be applicable for the next elections for the National Assembly for Wales, currently scheduled for 2016”.

Although this all seems very straightforward, I am sure the Minister, who mentioned it briefly, is aware that there is a big row brewing over this. We need clarification.

As I say, it seems straightforward enough but I need to ask whether the Minister is aware of the differences between this order and what the Secretary of State for Wales said, on record in the House of Commons, in answer to a question on 11 May 2011 from the Member of Parliament for Carmarthen East and Dynevor. He asked:

“Given the Labour party’s opposition to decoupling Westminster and National Assembly constituency boundaries, would it not make sense to base the make-up of the fifth National Assembly on 30 regional and 30 constituency Assembly Members?”.

The Secretary of State’s response was:

“That is a very interesting thought. Hon. Members are well aware that the Parliamentary Voting System and Constituencies Act 2011 broke the link between Assembly constituencies and parliamentary constituencies. I have agreed that we need to look carefully at the implications of having constituency boundaries relating to different areas and regions for UK and Assembly elections … I am taking the hon. Gentleman’s question as a recommendation that we have 30 first-past-the-post seats and 30 elected on a list system”.—[Official Report, Commons, 11/5/11; col. 1148.]

She said that she is looking at that suggestion. That response is a little different from what we have before us today.

On 30 July the Secretary of State, again answering questions relating to the boundaries, had a meeting with the Welsh Affairs Committee, at which my honourable friend Owen Smith asked her whether it was true that Welsh officials had,

“recently met the Boundary Commission and political parties in Wales and said at that meeting that they were looking for a legislative vehicle to address changing the boundaries of the Assembly constituencies in Wales?”.

In her reply the Secretary of State said:

“As far as I am concerned, we will have to look at that”.

This is very confusing. I do not know whether the Minister has had time to look at the Western Mail this morning. I am glad to see that he has. He will have read the headline:

“First Minister’s startling appeal to David Cameron bypasses Cheryl Gillan”.

The Western Mail says:

“First Minister Carwyn Jones has bypassed Welsh Secretary Cheryl Gillan and gone directly to the Prime Minister in a bid to defuse an explosive row over how AMs are elected”.

The Minister mentioned that briefly at the end of his speech. What we need in Wales is clarification that the order before us will be used for the election in 2016, and for the Minister to confirm that any changes to any of the systems in Wales will be as a result of the wishes of the Welsh people. This is a big row in Wales. I hope that the Minister appreciates how important these issues are, and that he will confirm that our arrangements today will be met in the 2016 elections.

--- Later in debate ---

[Lord Wallace of Tankerness]

The reason is that, following the proposals by the Boundary Commission for Scotland, the Boundary Commission for Wales, the Boundary Commission for Northern Ireland and the Boundary Commission for England, there will roughly be equality, within 5 per cent, in the number of electors per constituency. That does not exist at the moment, and the intention is to achieve that equality so that a vote in Cardiff has the same value as a vote in Coleraine, Edinburgh and Manchester. The intention is to ensure that throughout our United Kingdom votes are of equal value, and nothing in that minimises or detracts from the value of a vote in Wales.

We have been through the arguments and I do not think that we are going to advance much further. I suspect that this argument is going to come around again when the Boundary Commission for Wales publishes its provisional proposals for the Westminster seats. As I indicated to the noble Baroness, Lady Gale, I was aware of the interview with the First Minister in today’s Western Mail. I think that it was also on WalesOnline. Very early in my remarks in moving the order, I said that the Explanatory Memorandum says, as a matter of legal explanation of what the order is about, that these changes will come into effect for the election to the Assembly in 2016. However, I did say that that was subject to the commitment given by the Secretary of State for Wales to look carefully at the implications of having different boundaries for Assembly constituencies and parliamentary constituencies in Wales.

If the noble Baroness had not done so, I would have quoted the reply that my right honourable friend the Secretary of State for Wales gave in the House of Commons back in May, when she gave that commitment seriously to consider the implications. However, I assure noble Lords here today that nothing will be done without full and proper consultation. It would have been improper if, having brought forward the recommendations on these interim changes, we had not moved to implement them. I think that it would have been very presumptuous on our part not to have done so, given that we knew that the Boundary Commission for Wales had the proposals under consideration when we passed the 2011 legislation.

[Baroness Gale]

Is the Minister saying that there could be changes before 2016? That is the concern in Wales and what the row is about at the moment—that the order is saying that this will happen in 2016. However, the Minister is now saying that there could be changes before 2016. Will he please clarify that for me?

[Lord Wallace of Tankerness]

Perhaps I could just repeat what the noble Baroness quoted to me: my right honourable friend the Secretary of State for Wales said at Oral Questions that she would seriously consider the point that was made. It would be wrong for us to prejudge the outcome of any consultation that could take place, but I assure the noble Baroness and the Committee that no change will be made without proper consultation. The Secretary of State has given a commitment to consider the point that was made to her in exchanges in the Commons, and that consideration is what she is currently doing.

National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Debate between Lord Wallace of Tankerness and Baroness Gale

Thursday 25th November 2010 Lords Chamber

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, for convenience I shall refer to the National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 as the Schedule 7 order; the draft National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 as the referendum order; and the draft National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010 as the expenses order.

The draft referendum and expenses orders make arrangements for a referendum to be held in Wales on further law-making powers for the National Assembly for Wales, and the draft Schedule 7 amendment order makes changes to Schedule 7 to the Government of Wales Act 2006, which sets out the subjects on which the Assembly could legislate following a yes vote in a referendum.

The circumstances in which a referendum can be called, and the parameters of the referendum question, have been prescribed in legislation already passed by Parliament—the Government of Wales Act 2006. That Act provides for primary law-making powers for the National Assembly for Wales in devolved areas of policy, if and when the people of Wales decide in a referendum that that is what they want.

On 9 February this year, the National Assembly unanimously passed a resolution calling for a referendum in Wales. When the First Minister wrote to the previous Secretary of State on 17 February giving formal notice of the Assembly’s resolution, he triggered the process under the Government of Wales Act 2006 which meant that the Secretary of State had 120 days from the day after receipt of the notification either to lay the draft referendum order or set out the reasons for not doing so.

Following the general election, it fell to my right honourable friend the Secretary of State for Wales to respond to the Assembly’s call within the statutory deadline. This she did on 15 June, confirming that she would lay a draft referendum order as soon as practicable and, as agreed with the First Minister, work towards a referendum in the first quarter of 2011.

The coalition Government have taken seriously our commitment to hold a referendum. Since we have been in office, we have driven forward working with the Welsh Assembly Government and other key stakeholders to ensure that we would deliver on that commitment. There has been good co-operation, showing that the respect agenda continues to work well.

First, I should like to explain the rationale for bringing forward the draft Schedule 7 amendment order, which, I think it is fair to say, is the most technical of the three draft orders before the House this afternoon. Schedule 7 to the Government of Wales Act 2006 sets out the subjects on which the Assembly could legislate following an affirmative vote in a referendum on full law-making powers and the Assembly voting to commence the provisions in Part 4 of the Government of Wales Act 2006. The subjects cover a broad range of areas over which the Welsh Ministers currently exercise executive functions, including housing, planning, local government and the environment.

Schedule 7 also lists exceptions and general restrictions to the Assembly’s legislative competence. Subjects such as economic policy and social security would remain non-devolved in the event of the schedule coming into force. The Assembly’s current powers to legislate are set out in Schedule 5 to the Government of Wales Act 2006. The schedule lists these powers as “matters” under 20 fields, which correspond to the subject areas in Schedule 7. Matters have been added to Schedule 5 incrementally in recent years by legislative competence orders—LCOs—and framework powers in Acts of Parliament. The effect of this devolution of powers is that the Assembly can now legislate in relatively specific areas in many of the fields listed in the schedule, but its current powers to legislate are narrow when compared with the range of subjects which would be devolved in the event of a yes vote in the referendum. However, some of the amendments which have been made to Schedule 5 enable the Assembly to legislate on specific issues which go beyond the competence in Schedule 7.

The last order updating Schedule 7 was made in 2007, and there is now a need to update the schedule in advance of the referendum to take account of the powers the Assembly has accrued in recent years. There are three main reasons for making the changes set out in the draft order: first, to make clear the full range of powers which would be devolved to the Assembly in the event of a yes vote; secondly, to ensure that the Assembly would not lose any of its current powers if Schedule 7 comes into force; and, thirdly, to ensure that exceptions to the Assembly’s legislative competence accurately reflect the boundaries of the Welsh devolution settlement.

Many of the changes to Schedule 7 made by the draft order insert powers the Assembly currently exercises under Schedule 5. For example, it inserts a new subject on the provision of automatic fire-suppression systems in residential premises, to reflect a matter which is currently included in Schedule 5 and on which the Assembly is currently considering draft legislation. The draft order also amends subjects and exceptions in Schedule 7 to take account of the Assembly’s current powers in areas such as waste, educational transport, the protection and well-being of young adults, and trunk road charging schemes.

The draft order inserts a limited number of exceptions to the Assembly’s competence, where they relate very clearly to areas which would remain non-devolved following an affirmative vote in the referendum. It also makes some minor and drafting changes to simplify the schedule, update references to other legislation and rectify errors in the original drafting.

The Welsh Affairs Committee in the other place undertook scrutiny of the draft order. The committee concluded that the Government are right to ensure Schedule 7 is amended in advance of the referendum on full law-making powers for the Assembly.

The Government worked closely with the Welsh Assembly Government to agree to these changes. The draft order was approved by the National Assembly for Wales on 9 November and by the other place yesterday. The order makes sensible changes to Schedule 7 in advance of the referendum to ensure that the schedule accurately reflects the current Welsh devolution settlement.

I move on to the two other draft orders, which would make arrangements for a referendum to be held in Wales on further law-making powers for the National Assembly for Wales. The draft referendum order consists of 28 articles and six schedules and makes the bulk of the provision relating to the arrangements to hold a referendum on further powers for the National Assembly for Wales. Provisions contained in the 2006 Act and in the Political Parties, Elections and Referendums Act 2000 also apply to the referendum, but the draft referendum order is necessary to fill out the detail of the arrangements, including the key provisions on the date of the referendum and the referendum question.

The purpose of the draft expenses order is to specify the limits on spending by those campaigning for a particular outcome in the referendum. Both draft orders are subject to approval by both Houses of Parliament. The draft referendum order is an Order in Council which must also be approved by a majority of at least 40 Assembly Members before it can be recommended to Her Majesty in Council. The requisite approval was obtained in an Assembly debate on 9 November.

I turn first to the draft referendum order. The provision that has possibly attracted most attention to date, perhaps not surprisingly, is the referendum question and its preceding statement, as set out in Article 4. There was relative silence before the general election relating to the referendum question. Work had commenced on the drafting of the detailed provisions in the legal instruments. However, at the request of the First Minister, no work had taken place on the key provision within the draft order relating to the question. It is fair to record that in just five weeks following the general election, my right honourable friend the Secretary of State for Wales met her statutory obligations, as set out in the Government of Wales Act 2006, reached agreement with the First Minister and referred the question to the Electoral Commission on 23 June.

The commission required 10 weeks to assess the question and report to the Secretary of State. During that time, the commission conducted a thorough assessment of the preamble and question, including carrying out public opinion research, inviting and gathering views from interested parties, including political parties, and seeking advice on both the English and Welsh versions. The commission produced its report on 2 September and my right honourable friend the Secretary of State discussed the findings with the First Minister and the Deputy First Minister, agreed to the commission’s recommended revision of the question and its preamble, and confirmed the legality of the question as set out in the Government of Wales Act 2006. It is my understanding that the noble Lord, Lord Elis-Thomas, the Presiding Officer of the National Assembly for Wales, had also indicated his agreement to the decision to use the revised question.

Apart from the referendum question, the other aspect of the proposed referendum which has attracted attention is the date on which it is to be held. Article 3 provides for the referendum to be held on 3 March 2011. My right honourable friend the Secretary of State gave careful consideration as to the date of the referendum. The First Minister had made clear representations that he would not be in favour of holding the referendum on the same date as the Assembly elections and that he favoured a referendum in early spring. The coalition Government are committed to working with the Assembly Government in a spirit of mutual respect, and the Secretary of State was prepared to consider carefully any reasonable request from the First Minister in relation to the referendum date.

The Assembly Government had made a commitment to hold the referendum on or before the Assembly elections in May 2011. In October this year, the First Minister announced that his preferred date was 3 March and asked the Secretary of State to agree to this date. The Secretary of State considered the request and agreed that it was feasible to hold the referendum then. A yes or no vote on 3 March would provide certainty on the extent of the law-making powers available to the Assembly in advance of the Assembly elections on 5 May. It was also believed that a 3 March referendum would put enough distance between the campaigns for the referendum and for the Assembly elections to allow arrangements for both to be administered efficiently. My right honourable friend the Secretary of State for Wales considered that the request to hold the referendum separately was reasonable, and agreed to the date.

While the other provisions in the draft referendum order have not attracted much attention, they are none the less important, as they deal with how people can vote in the referendum, and set out the rules for how the referendum will be run by the chief counting officer and local counting officers.

I turn now to voting. All those registered to vote in the Assembly elections will be able to vote in the referendum. Schedules 1 and 2 make provision for absent voters—those who vote by post or by proxy—and for the issue and receipt of such ballot papers. These provisions are similar to those that apply for elections. With regard to the running of the referendum, the provisions relating to the chief counting officer, deputy chief counting officer and counting officers are relevant. The chief counting officer will be the chair of the Electoral Commission. Under Article 9, she must do all such acts and things as may be necessary for effectively conducting the referendum in the manner provided for in the draft order.

A counting officer will be appointed for each voting area in Wales, which will be the same as the local authority area. Under Article 11, the chief counting officer can direct counting officers on how they should discharge their functions relating to the referendum, or direct them to take specified steps to prepare for it. Counting officers must also conduct the referendum in accordance with the detailed rules set out in Schedule 3 to the draft order.

The timing of the count itself is not yet decided. The default position is that the count should take place as soon as reasonably practicable after the close of the poll. However, the chief counting officer may direct that the count should take place on the following day. The Electoral Commission has invited views from interested parties, including broadcasters, on when the count should take place. The commission has not yet announced its decision on the timing of the count, but will do so as soon as possible after taking account of all views submitted to them.

There are two further points relating to the draft referendum order that I will make briefly. The first relates to the costs of the referendum. While the costs of the Electoral Commission will be met by the coalition Government, all other costs will be met by the Welsh Assembly Government through the Welsh Consolidated Fund. The bulk of these costs are those of the local administration of the referendum by the counting officers. It will therefore be for Welsh Ministers to make an order dealing with the counting officers’ fees and charges, subject to the draft referendum order being approved and made by Her Majesty in Council.

Secondly, the commission’s report on the intelligibility of the question highlighted the low level of awareness in Wales of the proposed referendum and its subject matter. While of course it will be a matter for the yes and no campaigns to make the case for either vote, there is value in having available an independent and impartial source of information on the subject matter of the referendum. To this end, Article 16 of the draft order provides for the Electoral Commission to take such steps as it thinks appropriate to promote public awareness in Wales of the referendum, its subject matter and how to vote in it. The Government of Wales Act 2006 already gives powers to the Assembly Commission to promote awareness of the system of devolved government, and the commission has launched its Vote 2011 awareness campaign.

The expenses order is a short draft order that sets the spending limits for campaigners who have registered as permitted participants spending more than £10,000, and whose expenditure is therefore subject to regulation. My right honourable friend the Secretary of State for Wales consulted the Electoral Commission on what those limits should be, as she was required to do under the Political Parties, Elections and Referendums Act 2000. She accepted the recommendations, so the spending limits specified in the draft order are as recommended by the commission. Of course, they are set at a significantly lower level than the statutory limits set for a UK-wide referendum campaign. The 2000 Act provides a framework for the referendum and enables the Electoral Commission to ensure that it is run fairly. This draft order varies the time period for individuals and organisations to register with the Electoral Commission and apply to be the lead campaign organisation to campaign for either the yes or no vote by increasing the period to five weeks, taking account of the Christmas and new year holiday period.

This period will be followed by a further two weeks, during which the Electoral Commission will decide whether to appoint a lead organisation for each side. The remaining period of four weeks up to the poll will be for the campaign proper.

I emphasise that what we are talking about here are the limits imposed on spending by campaigners from their own funds, not the spending of public money.

Finally, the draft order makes it explicit that media coverage is not to be regarded as a referendum expense, and therefore broadcasters and newspapers need not register as permitted participants in the referendum in Wales.

I hope the House will agree that it is important that these draft orders are approved and that the people of Wales are given the opportunity to vote and have their say in the referendum next March. I commend them to the House.

[Baroness Gale]

My Lords, first, I thank the Minister for bringing these orders before us today and for his clear explanation of the quite technical but very important details.

These orders represent an important milestone on the long devolution road which I and many others have been travelling for a number of years. Therefore, I can say today that I am a very happy traveller, seeing us go one step further along that road.

However, even with a successful yes vote, it will probably not be the end of the journey. As the Welsh Affairs Committee in another place said in its report, published on 22 November, on Schedule 7:

“We note that the nature of the Welsh devolution settlement is quite different from those relating to Scotland and Northern Ireland. Schedule 7, in the form it would have after this draft Order was approved, is unlikely to be the last word on the shape and nature of the constitutional arrangements for Wales. We have sought and received assurances that Parliament and the Welsh Affairs Committee will be properly involved in the examination of any future changes to the constitutional arrangements for Wales”.

Following a successful yes vote on 3 March, we are sure to be asked to look at other constitutional matters regarding Wales in the future.

The question to be asked in the referendum, and its timing, have been debated and agreed by the Welsh Assembly, and prior to its drafting the question was subject to significant assessment and revision by the Electoral Commission, as the Minister said. This has now resulted in widespread agreement that the question on the ballot paper is clear and simple to understand.

The date of the referendum has now been agreed. After significant discussion in Wales, it will be held on 3 March 2011—a date that will take us clear of the campaigning period for the Welsh Assembly elections in May. There was concern over holding them on the same day, so it is very good that the referendum will be held on 3 March. However, there may of course be another referendum on the day of the Welsh elections after all.

The order relating to expenses did not need to be approved by the Welsh Assembly. However, it has been subject to scrutiny by the Electoral Commission, whose recommendations were accepted by the Secretary of State for Wales.

The formula for calculating the level of expenses based on the percentage of the vote for each political party is, again, simple and clear, as it is for other permitted participants. That is important as it will enable political parties and other organisations to know what the funding is, as well as ensure that the electorate is fully informed of both the yes and the no campaigns. I think that that information is really needed.

I also welcome the clarification on expenses relating to media coverage, which the Minister mentioned, as there has been some ambiguity about that in the past. It is now clear that such coverage is excluded from declared expenses. In the past, that has been a worry for political parties and those responsible for election returns.

On the order that deals with Schedule 7, if there is a successful yes vote, that part of the Act spells out the full range of subjects over which the Assembly has full legislative competence. The order under debate today is designed to secure that the amended Schedule 7 takes full account of all the changes to the powers of the Welsh Assembly that have been conferred on it by various means since the passing of the Government of Wales Act 2006. This will be a much more effective and less expensive way of legislating across the full extent of the devolved subject areas than the present system of legislative competence orders.

The All Wales Convention has concluded that the changes will save around £2 million per year, which is money that is currently being spent by the rather lengthy process of LCOs. More importantly, they will allow the Welsh Assembly Government to respond to changing circumstances that may require legislative action. I believe that the Welsh Assembly Government and the Assembly Members will be able to deal much more effectively and respond much better to the needs and requirements in the devolved areas, for the benefit of the Welsh people, than they can under the present system. As the Minister said, these three orders were agreed to in another place earlier this week, so agreeing to them today will enable the people of Wales to have their say on whether they want the National Assembly for Wales to have legislative powers in the 20 subject areas.

I am very pleased to support these orders on behalf of my party, as I have campaigned for devolution for many years; I played an active role in the 1997 successful referendum that brought devolution to Wales, and I saw the establishment of the National Assembly of Wales in 1999. Today is an historic day for Wales, and I am pleased to have played my part on behalf of my party, which first gave devolution to Wales. I thank the Minister once again for bringing these orders before us today.