Wales: National Assembly Elections

Debate between Lord Wallace of Tankerness and Lord Touhig

Monday 18th June 2012 Grand Committee

[Lord Wallace of Tankerness]

My Lords, I thank all noble Lords who took part in this debate, which has been very useful. First, I acknowledge a comment by the noble Lord, Lord Elystan-Morgan. I was indeed aware that the origins of the name Wallace come from the Shropshire-Wales boundary; I think the names are very similar. That only proves to me that we are pretty much a mongrel island and therefore those who would try to artificially break it up should reflect on the fact that peoples have moved around these islands for centuries. That may be one of the things that bind us.

The noble Lord, Lord Touhig, asked why we were debating this as opposed to many other issues. I think it is a red herring to claim that if you are focusing on one thing you are completely ignoring other issues. There is no doubt that the Government are absolutely committed to pursuing the economic objective of recovering the country’s finances from the situation we inherited in May 2010. Very often that is not done by legislation, and just because we are focusing on one or two items of legislation does not mean to say that we are taking our eye off the ball on the fundamental issues of the economy.

I would welcome more debates on Welsh issues, be they economic or otherwise. Having served in the House of Commons, the Scottish Parliament and the House of Lords, the ways in which the usual channels move are mysterious and wondrous to behold, but I am sure that we will try to find other opportunities to debate Welsh issues, and that there will be general support for that on all sides of the Committee.

[Lord Touhig]

I am most grateful for that commitment from the Minister. As the grandson of Katie Wallace, I knew that I could always trust a Wallace.

[Lord Wallace of Tankerness]

The noble Lord is my kinsman.

A number of noble Lords raised questions about the voting system and the size of the Assembly, so I should perhaps say at the outset what this consultation paper does not try to do. It was never the intention that it should open up these far more fundamental issues. It was clear from the comments of the noble Lord, Lord Anderson, that there is no consensus on the size of the Assembly. Although this is not an issue for this consultation paper, the speech of the noble Lord, Lord Elystan-Morgan, on the need for scrutiny, and the presidency—or vice-presidency—of the organisation to promote an Assembly of 80 Members elected by STV, to which my noble friend Lord German has recently been appointed, lead me to suspect that it will not go away.

When the Silk commission moves on to Part 2 there will be an opportunity for representations to be made, not on the voting system but on where the responsibility for that may lie. I may want to come back to this issue. It would have been wrong, in this consultation, to have gone into the much wider issues of the size of the Assembly or the voting system. It is intended to address mechanisms because of a situation that has arisen as a result of the two pieces of UK legislation to which I referred.

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, I am coming on to address that point and I accept that it is important. In terms of taking messages back, I can assure noble Lords that these proceedings will be read, it is fair to say, avidly by my right honourable friend the Secretary of State. Not only will I report back, but I am sure that they will be read in the Official Report.

[Lord Touhig]

I apologise; the noble and learned Lord is being very generous in giving way. I accept what he says about the Silk commission being excluded from looking at the situation in Wales, but the point of my question was this: was the Silk commission consulted about this Green Paper because it has come out of the blue for all of us?

[Lord Wallace of Tankerness]

My Lords, it is my understanding that the commission was not consulted, but that was because what this Green Paper is about is beyond its remit. Questions have been raised about these deliberations, and I am aware of the debate last week in the National Assembly for Wales. The fact—one that has been reflected by a number of contributors to the debate—is that the electoral arrangements of the Assembly are a non-devolved matter. The matter is reserved to this Parliament. Indeed, the noble Lord, Lord Foulkes, made the point that Wales has two Governments: it has a Government in Wales in the National Assembly and also has a Government here at Westminster. The devolution settlement agreed in the Government of Wales Acts 1998 and 2006, and the distribution of powers that was approved only last year in a referendum, retain the electoral system and arrangements for the Assembly as being matters for the Westminster Parliament.

I accept that those in Plaid Cymru who aspire to much greater powers for the National Assembly for Wales would argue the case that electoral arrangements, and possibly the system, should be devolved—albeit with a two-thirds majority—and clearly that case can be made. The Silk commission does not have within its remit the current electoral arrangements but it does have within its remit the distribution of powers between the Westminster Parliament and the Welsh Assembly. I have no doubt that representations to that effect will be made, but that is not the current devolution settlement.

Scotland: Independence

Debate between Lord Wallace of Tankerness and Lord Touhig

Thursday 1st March 2012 Lords Chamber

[Lord Touhig]

To ask Her Majesty’s Government what discussions they have had with the First Minister of Wales on the issue of a referendum on Scottish independence.

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

My Lords, first, I am sure that noble Lords from other parts of the United Kingdom will wish to join me in extending to Welsh noble Lords our warmest greetings and best wishes on St David’s Day.

The Government have had no formal discussions with the Welsh Government on the issue of a referendum on Scottish independence.

[Lord Touhig]

My Lords, I thank the Minister for his St David’s Day greeting; it is most welcome to those of us who spend much of our working lives as missionaries in England.

The future of the United Kingdom is not a matter that can be left to negotiations between Her Majesty’s Government and the Scottish Government alone. Any change in the status of any of the nations of our union must affect us all. The people of Wales—and, indeed, the people of Northern Ireland—are not mere spectators in all this. Wales’s First Minister has proposed holding a constitutional convention so that we can redefine what a modern United Kingdom should look like. What do the Government think about that idea? If such a convention is held, should it not be held before the Scots hold their referendum?

[Lord Wallace of Tankerness]

My Lords, we are faced with the position where the Scottish Government have said that they wish to proceed with a referendum. We have serious doubts as to the legality of that; that is why we have proposed in our consultation document that we should engage with the Scottish Government to see whether we can get an appropriate order to allow such a referendum to take place on a legitimate basis.

However, it has been accepted by successive Administrations that no part of the United Kingdom should be forced to stay within the United Kingdom against its wishes. That is why, first and foremost, the Government wish to ensure that we succeed in winning the referendum for Scotland to remain part of the United Kingdom; but I wholly accept that any other arrangements for how powers may be distributed within our United Kingdom have implications for all parts of it. Therefore, the more we can discuss it among different parts of the United Kingdom, the better.

Devolution: Wales

Debate between Lord Wallace of Tankerness and Lord Touhig

Tuesday 28th February 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I think that the legislative consent Motion, originally described in Scotland as the Sewel convention after the noble Lord, Lord Sewel, who announced it, has worked well in practice. It is my understanding that if legislation which has implications for Wales is brought before your Lordships’ House and the House of Commons, it will be the subject of a similar convention. After each Queen’s Speech there is an obligation on the Secretary of State for Wales to consult the National Assembly for Wales about UK government proposals that may have an impact on Wales, not least since the further devolution on devolved matters.

[Lord Touhig]

My Lords, loath as I am to be in disagreement with my colleague on the Front Bench so far as concerns the Barnett formula, I say to the Minister, “Review the Barnett formula but don’t rush it”.

[Lord Wallace of Tankerness]

I hear the noble Lord and he may wish to make that point in the debate later.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Wallace of Tankerness and Lord Touhig

Wednesday 9th February 2011 Lords Chamber

[Lord Wallace of Tankerness]

I do not believe that it is simply mathematical. It relates to the principle of equal value, and one value for one vote. That is not a mathematical concept but a matter of fairness. It is equally wrong to suggest that the provision does not have regard to the cultural and historical matters in Wales. I indicated that to the noble Lord, Lord Elystan-Morgan, in the previous debate. I recognise Wales as a constituent nation of our United Kingdom, but other parts of the United Kingdom have their own historical and cultural importance and ties, as indeed do parts of England as well as England as a whole. What I have not yet heard answered by anyone who has argued the case is why a vote in Swansea should carry more value than a vote in Newcastle, Coleraine or Aberdeen. Each of those other cities have their own importance and distinctiveness, and I have not yet heard an answer to why the citizens of Swansea should have a vote to the United Kingdom Parliament that is worth more than the vote of a citizen in Newcastle, Aberdeen or Coleraine.

[Lord Touhig]

I understand the point that the Minister is making, but how does he stand that argument up when his Government are making a deliberate exception for Orkney and Shetland? Their votes will not be equal to the rest of the votes in the United Kingdom.

[Lord Wallace of Tankerness]

That case has been argued, and we have had specific debates on that and an amendment from the noble Lord, Lord McAvoy. What we have said—and I think I have said it about three times already, this afternoon and in Committee—is that the Government have put into the Bill two exceptions in places with extreme geographical situations and no ready link to anywhere on the mainland. In the rest of the United Kingdom we are seeking one vote and one value.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Wallace of Tankerness and Lord Touhig

Wednesday 26th January 2011 Lords Chamber

[Lord Wallace of Tankerness]

I think that the noble Lord congratulated us on that at the time.

The point I am trying to make is that the two Scottish highland constituencies to which I referred are substantially greater than Brecon and Radnorshire—in the case of Caithness, Sutherland and Easter Ross, almost three times as big; in the case of Ross, Skye and Lochaber, more than four times as big. We would have to go a very long way before we got anywhere near constituencies of that size, which have equally challenging geographical issues. Nevertheless, Members of Parliament have successfully represented those constituencies, as can be seen by the fact that they have been returned regularly in elections.

I take on the genuine issue, which several noble Lords have mentioned, of the effect of the interaction with the Union. I express myself as a passionate advocate of the benefits of the United Kingdom, while at the same time as someone who has vociferously argued for devolution. I recognise the sincerity with which the noble Lord, Lord Touhig, raised his concern about the Union.

My point, on which the noble Lord, Lord Rowlands, picked me up, is not unreasonable. I think that there is an issue of fairness, and I have not yet heard the argument why it is in some way unfair that a vote in Cardiff should have the same value as a vote in Belfast, London and Edinburgh. Indeed, those who argue the contrary must tell us what explanation we give to a voter in Edinburgh that a vote in Cardiff should be worth more. I have not yet heard that explanation. Neither do I believe that in some way that difference in value will cement Wales’s place in the Union. In fact, I think there is some merit in saying that if all parts of the Union are treated equally, that is positive. I would have hesitated to say it, because I am not Welsh, but my noble friend Lord Crickhowell made the point that the Welsh nation can have true confidence in itself. It does not need overrepresentation in order to have confidence in itself. That is worth bearing in mind.

I come on to the point raised by the noble Lord, Lord Elystan-Morgan, when he asked about various points I had made in the past about devolution. Points have been raised about the Speaker’s Conference. As my noble friend Lord Crickhowell said, much has happened since the 1944 Speaker’s Conference, and much has happened since the remarks attributed to my right honourable friend Kenneth Clarke in 1992. We cannot hypothetically say, “What would happen to this Bill if we had the Wales Office and had never had devolution?”. That is not the situation today. It is the case that on the back of devolution, Scotland reduced its representation from 72 to 59, but devolution is not relevant to the proposals that the Government are putting forward because we are not seeking to make a distinction between Scotland, which has a different form of devolution from Wales, Wales, which may have more powers following the referendum on 3 March, Northern Ireland, which has a different system of devolution again, and England, which has no devolved government.

Noble Lords made the point that the United Kingdom Parliament deals with macroeconomic policies, defence—the noble Baroness, Lady Finlay, spoke of the contribution that the constituent parts of the United Kingdom make to the Armed Forces—social security matters and pensions matters. The Government are saying that representation should be fair in all parts of the United Kingdom. There may be some who would argue that because Scotland has its Parliament dealing with a range of domestic issues, there could even be an argument for underrepresentation, but that is not the position of the Government. The Government believe that there should be equal representation in all parts of the United Kingdom, and that is what underlies this. We do not find it particularly acceptable that, for example, the constituency of Arfon, which was mentioned by my noble friend Lord Roberts of Conwy, has an electorate of just over 40,000 whereas Falkirk has an electorate of 80,000. Indeed, it was pointed out that even within Wales, there are substantial divergences in the number of electors.

I shall pick up the point on the Welsh language. I cannot see why the reduction in the number of Members from Wales would have an impact on the Welsh language. As my noble friend Lord Crickhowell said, some of the great steps forward for the Welsh language were taken by people who were not Welsh-speaking in response to those who made very good, cogent arguments for the Welsh language over many years. It is the case that many Members of Parliament in our inner cities are dealing with constituencies in which a variety of languages are used by people from minority ethnic communities.

The noble Lord, Lord Williamson, made an important and valuable contribution when he referred to his manuscript amendment and there will be an opportunity to debate it more fully when—when—we come to Clause 18. The amendment would, as I understand it, mean that the first boundary review would take place as though the new rules were in force; the existing legislation would remain in force in the mean time; the new boundary provisions would be commenced only once the Boundary Commissions had reported; and votes in both Houses on the commencement order would be at that point. The House would effectively have the choice of commencing the new rules or retaining the 1986 Act rules. I recognise the intention behind this amendment, which was briefly spoken to by the noble Lord, and I salute the helpful spirit in which it was proposed. We will clearly want to give thought to the issues that it raises, but I will put down a caveat in that it invites Parliament to do what it does not usually do. Parliament usually sets the rules for the Boundary Commission and does not give people who have more than a vested interest in them the opportunity to decide whether they should introduce new boundaries that have a direct effect on them. Having said that, it is an innovative suggestion that I would be very happy to discuss with the noble Lord. I hope we will be able to have that discussion soon before we debate his amendment in due course.

In conclusion, I repeat that the provisions in this Bill will mean a reduction in the number of Welsh constituencies, just as in the rest of the United Kingdom. In opening this debate, the noble Lord, Lord Touhig, pointed out that Wales has 5 per cent of the population of the United Kingdom. On the 2009 figures, the overall proportion of Welsh seats in Westminster would go from 6 per cent to 5 per cent. I do not believe that that poses a threat to the Union. If anything, I believe that greater fairness and equality can help strengthen our union, and I beg the noble Lord to withdraw his amendment.

[Lord Touhig]

My Lords, we have had a first-class debate. Seventeen of your Lordships have taken part. We have had a debate in the unelected House of our Parliament that the Government denied the elected House. In responding, the Minister took an intervention from the noble Lord, Lord Thomas, who mentioned the late Lord Livsey. I, too, knew, admired and respected Richard Livsey, and if he were here tonight, I have no doubt about which side of the argument he would be on. I hope the House will forgive me if I do not follow the normal courtesy and respond to all the contributions that were made because I do not think that I could match the eloquence and power of the argument. We have spent just over three hours on this debate, and I am not here unnecessarily to take up your Lordships’ time.

Those who have spoken in this debate and I have sought to improve this Bill in the interests of the people of Wales. I am disappointed by the Minister’s response. We have clearly failed to impress upon the Government our concerns about the adverse impact this Bill will have on Wales. I believe that we have approached the debate in the best traditions of your Lordships' House. We have expressed our view and our concerns about the implications of this Bill on Wales. We have not been prescriptive and said, “Here’s a problem; here’s an answer; you must take it”. Noble Lords who have signed the amendments in this group have put their names to not one but three possible alternatives which the Government might have considered and reflected upon and come back at a later stage with some proposal that might have assuaged our fears. I believe it is in the best traditions of your Lordships' House to give the democratically elected Government time to reflect on the arguments that have been put. We offered an olive branch, but I fear that that olive branch has been tossed away. I worry because those of us who feel passionately about Wales and about the Union of the United Kingdom intend to continue to make this argument and this debate. The other place did not have an opportunity to debate these amendments or to express a view. It is with a heavy heart that I feel it is necessary to divide your Lordships' House so that we may express an opinion on Amendment 89BA.