Council of Nations and Regions

Lord Wigley Excerpts

Tuesday 11th March 2025 Lords Chamber

[Baroness Smith of Cluny (Lab)]

I thank the noble Baroness for her question. It goes to the heart of any intergovernmental structure: the structures only work if the participants can find agreement and work co-operatively. The first meeting of the Council of the Nations and Regions was nothing but a success. There was agreement on how it should meet, a communiqué was produced following the meeting and it will meet again six months after its first meeting. It is also clear from the wider landscape of the relationships between the two Governments that it is adding to the picture of good working relationships.

[Lord Wigley (PC)]

My Lords, I cannot speak for Scotland like the Minister can, but in Wales there certainly is a lack of clarity regarding the objectives of this body among not only some politicians but the media. After a 12-month first run of this body, will the Government publish a White Paper outlining what it has achieved and what it hopes to achieve, and invite discussion in the Senedd in Cardiff and in other devolved Parliaments to ensure that there is a full understanding and co-ordination of the aspiration for this body?

[Baroness Smith of Cluny (Lab)]

I thank the noble Lord for his question. The purpose of the council is to deal with cross-cutting issues and strategic questions. For example, growth was on the agenda at the first meeting and some substantial actions came out of that—tangible outcomes that can be pointed to. The next issue, which will be tackled in the spring, will be of a similar nature. It is not in the nature of such discussions that a White Paper would assist the overall landscape. It is about relationships, tackling the big issues and delivering for the people.

Scottish Government: Ultra Vires Expenditure

Lord Wigley Excerpts

Thursday 9th March 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

This is one of a number of Bills coming down the track that we need to monitor quite carefully. We have already had the Gender Recognition Reform (Scotland) Bill, in respect of which we have pressed the Section 35 button—for the first time in 437 Bills—and now we have the bottle deposit scheme. The UK Government received notification of a formal exemption to the United Kingdom Internal Market Act on 6 March, whereas producers were given a deadline of 1 March to sign up for the scheme. That feels to me like building a house first and then applying for planning permission. What we need to do is emphasise the importance of the United Kingdom Internal Market Act. Whether you like Brexit or not, we were previously in a single market of 28 European states and we are now in a single market of the four countries of the UK. What all our businesses say to us is that they do not recognise borders, and given that 60% of Scotland’s trade is with England, we do not want different terms of trade in Scotland and in England. There are a number of things coming down the track in respect of which we have to remind ourselves that certain things are done better as one United Kingdom.

[Lord Wigley (PC)]

My Lords, far be it from me to pass judgment on the expenditure patterns of the Scottish Government; the Scottish electorate are quite capable of doing that, as they have done in the past. On the question of overseas trade, is there not a case for every UK embassy having a nominated person who can deal with requests or agendas from Scotland, Wales or Northern Ireland, so that the devolved Governments know exactly how they can work in co-operation with those embassies?

[Lord Offord of Garvel (Con)]

That does exist, and in the Scottish case it is through SDI—Scottish Development International. That system has been working very well over the 26 years of devolution; only in the past two years have we had this encroachment and a different attitude from the Scottish Government. That is what noble Lords are referring to today.

Scottish Referendum Legislation: Supreme Court Judgement

Lord Wigley Excerpts

Thursday 24th November 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

I assure the noble Lord, Lord Reid, another distinguished former Scottish Secretary, that there the UK Government have no plans to alter the constitutional settlement any further. Scotland is a very well-funded country. It has two Parliaments and a surplus of democracy, as the Supreme Court said yesterday.

In the meantime, it receives a record grant of £41 billion from the UK Government. We continue to support 1,700 Scottish shipbuilding jobs on the Clyde with a £4 billion settlement. The levelling-up funds of £172 million are also coming through. We are establishing two Scottish freeports and £52 million is supporting our Scottish producers in fisheries. For farmers, there is £1.6 billion and £1.5 billion has been committed to 12 city deals, which is my responsibility. Scotland is very central in the United Kingdom Government’s plan for prosperity and growth. Scotland has a very, very good deal.

[Lord Wigley (PC)]

My Lords, I may be the only Member of this House who will take the view that I am about to. In view of the court case and the right to hold a referendum having been confirmed as being here, and in view of the fact that the overwhelming majority of elected Scottish MPs support having a referendum, will the Minister publish a document clarifying the way in which such a referendum can be held or is he going to maintain an everlasting veto on the aspirations of the people of Scotland?

[Lord Offord of Garvel (Con)]

The SNP does not have a majority in Holyrood and therefore cannot say that it has a majority. As the noble Earl, Lord Kinnoull, pointed out, the SNP’s own prospectus for government was not based on independence; it was based on, apparently, being able to run Scotland better. On that basis, there is no need, given yesterday’s judgment, for any further tinkering on the subject.

Stalking Protection Orders

Lord Wigley Excerpts

Wednesday 16th March 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, on actions in relation to enhancing training, I can advise that in 2019 the College of Policing released a set of new advice products. There is a mandatory course for prison offender managers to complete. Within the Crown Prosecution Service, e-learning modules in stalking, harassment and restraining orders are available. The noble Baroness asked how many letters had been sent, although I acknowledge it was partly rhetorical. All chief constables have been written to and, depending on how they were using SPOs, the tenor of the letters has been either to congratulate or to encourage.

[Lord Wigley (PC)]

My Lords, does the Minister accept that the nature of stalking means that individual incidents may seem innocent enough, but it is when a pattern emerges that they become insidious? Does that not mean that the police need specific training to recognise stalking patterns, and that all police forces should have such training tailored and developed so that victims get the help they deserve?

[Lord Stewart of Dirleton (Con)]

I agree wholeheartedly with both parts of the noble Lord’s question. I assure him that such training specifically for police—particularly, and importantly, for first responders—is in place so that the real nature of stalking and the tremendous strains and fear it provokes can be identified at the very outset.

Queen’s Speech

Lord Wigley Excerpts

Thursday 13th May 2021 Lords Chamber

[Lord Wigley (PC) [V]]

My Lords, I am very grateful, and I hope that the gremlins have gone now. As I was saying, I congratulate the noble Baronesses, Lady Fraser and Lady Merron, on their maiden speeches. Alas, my comments may disabuse them that they have entered a Chamber free of voices seeking new relationships with the nations of these islands.

The Queen’s Speech exemplified these issues. The Speech failed to differentiate between legislation that applies to England, such as health and education, or to England and Wales, such as the police Bill, and those with UK-wide force, such as the National Insurance Contributions Bill. Was this because the Government intend to take back devolved powers in those matters? Probably not—it is just the “imperial condescension” to which the noble Lord, Lord Lisvane, referred, that Westminster fails to accept that the United Kingdom is a multi-legislature state.

In health, education and many other matters, Wales and Scotland currently enjoy legislative independence, but that seems to have been ignored in presenting measures such as the health and care Bill, the higher education Bill, the Environment Bill and other matters. The reality is that these Bills all deal with competencies that are fully or partly devolved to Wales and Scotland. Will the Minister clarify whether those Bills will apply fully or partly to Wales or to Scotland, or are they mainly, or totally, measures applicable only in England? Will he confirm, if they do apply to Wales or Scotland, that the UK Government have discussed their intentions with Welsh and Scottish Ministers and secured their prior agreement?

The relationship between our four nations was, until Brexit, evolving on a pragmatic basis. Because of the differing history and priorities, devolution was a process which took different paths in Scotland, Wales and Northern Ireland. Brexit, however, challenged the devolved patterns of government in relation to repatriated powers and undermined the delicate constitutional balance developed over three decades in Northern Ireland. So it is little wonder that in the recent elections in Wales and Scotland, independence was a central issue. Plaid Cymru’s leader, Adam Price, campaigned primarily on independence and increased the number of Plaid seats. Some Labour candidates also indicated sympathy for Welsh independence. The Welsh Labour leader, Mark Drakeford, secured a notable victory, reflecting the voters’ belief that he had handled the Covid crisis far better than had Boris Johnson. Mr Drakeford is not independence-minded, but he acknowledged that if Scotland becomes an independent nation Welsh Labour will have to reconsider its position.

Last Thursday, as the noble Baroness, Lady Humphreys, mentioned, parties which advocated scrapping the Senedd lost all their seats, because most Welsh voters prefer the way we are governed by our own Senedd to the way in which Westminster governs Wales. Today, no one denies that Wales, Scotland and Northern Ireland have the right to self-determination, as was recognised in Section 1 of the Wales Act 2017 and stated explicitly by Michael Gove last Sunday. The question is whether we should take up the option of independence in the face of the post-Brexit power grabs by Westminster and increasing English nationalism, as seen most crassly in the Government sending gunboats to Jersey.

If this is Westminster’s approach, it is no wonder that Scotland elected a Parliament with an overall independence-seeking majority and that independence is emerging as a major issue in Wales. Instead of sneering at independence-supporting trends in Wales and Scotland, the Government should ask themselves why this is happening. Is the independence issue here to stay? If so, what models of it might be countenanced?

Whatever form of independence is espoused by Scotland or Wales, both nations will still have a British dimension, just as the Scandinavian nations have a Nordic dimension. We shall still be partners sharing the same island, with the Queen as head of state. We would wish to remain in the Commonwealth, a culturally diverse, voluntary association of nations. Our model of independence recognises a degree of interdependence and the essential free movement of people between Wales and England, as there is between the south and north of Ireland.

Instead of seething with indignation at each other through clenched teeth, would it not be more sensible to start exploring these options? Might there be models of confederalism which facilitate the degree of independence that each nation seeks with a mutual acceptance of the need for intergovernmental models of co-operation in those matters that are best suited to our mutual needs, and to geographic and economic reality? Such mutual issues might well include: the sharing of a currency and an independent central bank; the co-ordination of environmental initiatives and of railway services; and those aspects of defence policy which relate to the protection of these islands.

My appeal is for this Chamber to address these issues positively, across party divides. That is a discussion in which I and my party are more than ready to participate, though I suspect that such an approach may not always be shared in all corners of this House. The failure of the Queen’s Speech to relate appropriately to legislative diversity within these islands is a manifestation of that difficulty.

European Union (Withdrawal Agreement) Bill

Lord Wigley Excerpts

Committee: 2nd sitting (Hansard) & Committee stage & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 15th January 2020 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, I wish to speak to three of the amendments in this group. Yesterday I spoke in support of Amendment 15, and those remarks are relevant to Amendment 18 so I will not repeat them. It is important to ensure that our concerns about the Bill are recognised. One is that, as currently written, the Bill can be interpreted as not respecting the union, which becomes extremely important constitutionally.

Amendment 23 relates to Clause 26 and the potential role of the courts, other than the Supreme Court, in the future. The difficulty arises in having due regard to the devolved Administrations, as my noble and learned friend Lord Thomas of Cwmgiedd has outlined. Legislation that has already been passed by the Senedd, the Welsh Assembly Government, reflects European rulings. If those rulings are changed in the future, the Assembly will have to address the changes. The difficulty, of course, is that if it has not been consulted on all the changes to the way appeals can be made, it could find itself in an extremely difficult position.

This amendment, like the others that we have tabled, is therefore designed to prevent avoidable problems emerging in the future. I cannot see that anything in our amendments would undermine the Government’s ability to move forward with their withdrawal Bill, but they would make sure that the legislative powers already held by the Senedd and the Welsh Government are respected.

Our amendment to Clause 38 is necessary because, as written, it fails to refer to the Sewel convention and therefore risks undermining the devolution settlements. If the Government do not wish to accept the amendment, one could suggest another way forward by deleting the entire clause, although I suspect that they are less minded to do that than to insert something short to respect the devolved settlements.

I also signal my support for Amendment 29 in the group, because again it aims to safeguard the devolution settlements from unilateral amendment by Ministers of the Crown. Although the conduct of international negotiations is a reserved matter, which everyone respects, the amendment would ensure that the impact on the devolution settlements are recognised and would give the devolved institutions the responsibility to make arrangements to implement international agreements as they go forward.

Essentially, we are asking to be consulted and to be kept in the loop. We are not asking for a veto, but our amendments ask for the devolution settlement to be respected, as it works at the moment with an intact union.

[Lord Wigley (PC)]

My Lords, my name is also attached to Amendments 18, 23 and 45. I am very pleased to support the points made by the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Baroness, Lady Finlay.

The issues at question are issues of trust between the devolved Governments and the Government of the United Kingdom. Nobody is arguing that the devolved Governments have power over international treaties—of course they do not; they are reserved powers. None the less, what will be undertaken in those treaties will almost certainly have a very direct effect on matters that are devolved, some of them fully, to the National Assembly for Wales, and likewise to Scotland and Northern Ireland in slightly different ways.

To that extent, there have been occasions when the UK Government has been well represented in negotiations in Brussels by Ministers from the Government of Wales. It is perfectly right that they should be there on matters such as the sheepmeat regime or when questions of smaller languages are debated. When such matters arise, as is likely, in the context of any ongoing treaties or new treaties that will emerge, it is vital that the confidence of the Welsh Government and the National Assembly, and likewise that of Scotland and Northern Ireland, is taken fully into account.

The real danger is that things happen by default. The UK Government, with all the good will in the world, might think that issues do not arise without having talked about them. There needs to be some system to avoid unnecessary tension and rows between the various Governments within the United Kingdom.

I did not participate in the debate last night, but I read with considerable interest the comments made by the noble Lord, Lord Duncan of Springbank. He said:

“This debate has taken a turn that I had not anticipated—the notion that a power is now being granted to the Government to undo that which has been set before: if you like, the magisterium of the law which sets up the elements of Northern Ireland, Scotland and Wales. That is not the purpose of this rule.”


He goes on to say that he would be happy to make a note available

“to all noble Lords who are interested in this, so they can see where we believe this power will be required”.—[Official Report, 14/1/20; col. 639.]

The point is that if the noble Lord, Lord Duncan, has recognised that there is a need for greater clarification than is provided in the Bill, surely with the Bill still going to Parliament there is an opportunity to table amendments, such as the ones proposed in this group, to safeguard the position. It is not enough to have a sentence in Hansard. That obviously helps to clarify the position, but there needs to be something more cast-iron than that.

This is not a party-political issue, it is a matter of getting means of sensible co-operation into the Bill. If the Government cannot accept the amendments now, I very much hope that between now and Report they will consider these issues and try to bring in some form of wording that gives an assurance in the Bill along the lines that the noble Lord, Lord Duncan, suggested last night.

[Baroness Randerson (LD)]

My Lords, these amendments are designed to cement the established position of the devolved Administrations in the new situation in which we will find ourselves.

Amendment 18 to Clause 22 relates to any amendment to the statutes establishing devolution. They can be amended by a Section 109 Order in Council as long as the devolved Administrations agree but, as the clause stands, it leads to a suspicion that the Government could take the power to change devolution settlements without the agreement of, for instance, the National Assembly of Wales. We need the Government to make it clear one way or the other that they do not intend to do this.

Amendment 23 to Clause 26 simply adds devolved Ministers to the list of those to be consulted before the Government bring forward regulations referred to in that clause. Amendment 45 to Clause 38 relates to the Sewel convention. It simply inserts the well-established principle that Parliament will not normally legislate on devolved matters without legislative consent from the National Assembly for Wales.

I want to spend a little longer on Amendment 29, which puts the Joint Ministerial Committee on EU Negotiations on a statutory footing and requires representatives of devolved Administrations to be briefed regularly on future relationship negotiations. The history of the JMC as a whole has been chequered, to say the least. I have been privileged to see it from both sides: from the Welsh perspective as a Minister between 2000 and 2003 in a coalition in the National Assembly, and from 2011 to 2015 when I was a Minister in the Wales Office here.

In the early years, 2000 to 2003, I would describe the JMC as having been part of an old boys’ network. Labour was in power, in government, both here and in Cardiff, where it led the coalition. There was a dangerous lack of formality about the business we did. It was very good humoured but it did not have structure and was slightly erratic. It at least met regularly, if not frequently, but its behaviour was erratic. From 2010, I would characterise relationships as at the other end of the spectrum, with the coalition Government— the Liberal Democrats and Conservatives—here, the SNP in Scotland and Labour in Wales, as well as the complexity of Northern Ireland. I would say it was more of an armed standoff in those years. It provided an opportunity to have a well-scripted, very formal row with each other, with people coming out on to the steps of Downing Street to tell the world what they had said on their side of the argument. As a result, not surprisingly, it did not meet that frequently. Having observed the JMC in recent times, it does not seem to have got much better.

The devolved Administrations have drawn a lot of their strength and confidence from their vital EU links, which affect so much of the devolved work that is taken in those countries. Those links are now to be severed. As a Welsh Minister in the early years of this century, for instance, I represented the combined Governments of the UK at a European Council of Ministers; the noble Lord, Lord Wigley, referred to that kind of situation in his speech. I presented the agreed joint position of those Governments. It has given the devolved Administrations status and strength and is a very important part of their overall situation.

Northern Ireland (Executive Formation) Bill

Lord Wigley Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Lord Newby (LD)]

My Lords, I think everybody agrees that this is a very curious device and in many ways a very curious amendment. I am sure that the House of Commons and your Lordships’ House will look forward to receiving regular reports about the situation in respect of Northern Ireland; it might help move things forward very marginally. However, as the noble Lord, Lord Anderson, said, that is not why this amendment is being proposed. The amendment is considered necessary by him and me only because we face the constitutional outrage of a potential Prime Minister refusing to rule out proroguing Parliament to get through the most major public policy decision of our lifetimes without debate, because he knows he cannot win a vote in a debate. This is the activity of a banana republic, not the mother of parliaments; we should do whatever we can, however strange, to stop it. This is a clever, ingenious device with that in mind, and it has our full support.

[Lord Wigley (PC)]

My Lords, I too support this amendment, in the context of the European dimension, which has been mentioned. It would indeed be outrageous if Parliament were not sitting when the clock is running down to 31 October. Whichever side of the referendum debate we were on, we well remember the arguments about bringing power back to this place. If this device of not allowing Parliament to sit at a crucial time is used, it would fly in the face of the assurances and pleas made at that time. We face an extremely difficult time: surely, we should be sorting this issue out within Parliament and not leaving it to others to seek remedy in the courts.

[Baroness Butler-Sloss (CB)]

My Lords, it seems to me that it does not matter whether one supports leaving the European Union permanently or remaining in the European Union. That is not the issue before the House. The issue is whether Parliament should be allowed a say on whether we leave by crashing out, leave with a deal or do not leave. It does not, in a sense, matter which of those three situations it is. What matters is that Parliament has a voice. For that reason, I support this amendment.

Devolved Administrations: 20th Anniversary

Lord Wigley Excerpts

Wednesday 22nd May 2019 Lords Chamber

[Lord Wigley (PC)]

My Lords, I am delighted to follow the noble Baroness, Lady Harris of Richmond. I am in a unique position in this Chamber tonight—

[Lord Foulkes of Cumnock (Lab Co-op)]

As always.

[Lord Wigley]

I thank the noble Lord, Lord Foulkes, for his constructive comments.

I am unique in that I am the only Member who has been a Member of both Chambers here and of the National Assembly for Wales. I immediately acknowledge that the noble Lord, Lord Foulkes, can boast the same in relation to Scotland. There are three Members in their places who were elected to the National Assembly for Wales on that day in May 1999: the noble Baroness, Lady Humphreys, the noble Baroness, Lady Randerson, who has already spoken, and who played a distinguished part as a Minister in Cardiff Bay and in this place, and the noble Lord, Lord Bourne. I, too, want to put on record our thanks for the way he steered and led the Conservative Party in Wales to take a positive attitude towards devolution, which was still in some doubt 20 years ago, but now is fairly clear-cut. I also thank him for his kind words today. I also thank the noble Lord, Lord Hain, not only for his words today but for the decisive role he played in 2006 in steering the Government of Wales Bill to the statute book and for persuading the Cabinet to find time for it. That is not perhaps totally appreciated.

I served as leader of the Opposition during that first year of devolution. At one point during the election count, I thought, with some trepidation, that I was heading to be First Minister, but when the final count was complete, although Plaid Cymru had 30% of the vote and 17 seats—a commendable achievement—it was not quite enough to form a Government. In fact, all five Administrations in the National Assembly have been Labour-led, and that is one of the problems of which Welsh voters have become aware. For any democratic system of government to work, it is essential for voters to feel that they can change the political complexion of the Administration. After 20 years, with some of the same Ministers in post in Cardiff Bay today as served in 1999, this is becoming a problem not just for Wales, which needs to feel that we have meaningful democracy, but, I suggest, equally for Labour. It might need a period in opposition to renew itself, to hone fresh policies and to bring in fresh blood.

However, some things have changed. The Assembly elected under the provisions of the Government of Wales Act 1998 was in many ways little more than a glorified county council. It had no primary law-making powers or tax-varying powers, or even control over all aspects of its own Administration. That most inane term—the Welsh Assembly Government—was devised, but it has now, rightly, long since been jettisoned into the dustbin of history.

Much has now changed. The National Assembly now has primary law-making powers over devolved matters. It also has the recently transferred tax-varying powers, and we wait to see the creative way in which these might be used. It is worth noting that, unlike the 1997 referendum, when the vote was very narrow, as the noble Lord, Lord Hain, mentioned a moment ago, in the 2011 referendum there was a landslide in favour of enhanced powers for the National Assembly, reflecting the extent to which the devolved system of government has been accepted by Welsh voters.

Successive opinion polls show that fewer than 20% of the voters would now opt to abolish the Assembly, and when they are asked whether they really want to revert to being governed by a Secretary of State like Mr Redwood, that figure rapidly shrinks. Of course, the Assembly has made mistakes over the years, one such being the disbanding of the Welsh Development Agency, which undertook excellent work. The noble Lord, Lord Rowe-Beddoe, who was in his place a moment ago, played a vital part in the development of the WDA’s work.

Of course people are critical, but nothing like as critical as they currently are of Westminster. That, no doubt, is the background to the independence rally, which attracted thousands of people to Cardiff earlier this month. The demand for independence is not as great in Wales as it clearly is in Scotland, but it is increasing, and the Brexit debacle is undoubtedly a driving force for many people to look afresh at the independence question. If a hard Brexit comes about, the present trickle could well become a surge, and if Scotland becomes independent and Ireland is quite possibly reunited, leaving Wales as a very junior partner in a rump UK, the demand for independence in Wales will also rapidly grow. The prospect of a hard Brexit and an isolationist UK is a major driving force in that direction.

As the powers of the National Assembly have increased, the pressure on the 60-Member Chamber has become ever more acute. The need to scrutinise primary legislation, the need to hold the Executive more rigorously to account, and the need to engage with the implications of the new post-Brexit order, about which we heard a few moments ago, mean that a 60-Member Assembly is just too small. It compares with, I think, 108 Members of the Northern Ireland Assembly and 129 Members of the Scottish Parliament. The National Assembly is smaller than some county councils. Its needs to be increased for the next election to between 80 and 90 Members, who, to my mind, should be elected by the STV system of proportional representation. The additional list system currently used is seriously defective. It provides two classes of Member—one with intense constituency work and the other without the necessary focus that serving a constituency rightly imposes on AMs, as it does on MPs.

Fortunately, the design of the Senedd Chamber provides for such an increase at little cost. Incidentally, it is worth reminding the House that the cost of the Wales Senedd building—at around £60 million—compares rather favourably with that of the new Scottish Parliament building, but I will not follow that any further. In considering such electoral reform, I suggest that the Assembly would do well to enable young people aged 16 and 17 to become participant members of Welsh democracy.

Whatever criticism we might have of the Welsh Government in policy terms, they have overall been generally prudent in their use of resources, and, incredibly, were punished by the Westminster Government for being so. A decade ago, the Labour-Plaid coalition Government rightly decided to aggregate moneys which at the year end, for whatever reason, were not spent and to pool them into a fund for capital projects. The first such fund of some £400 million was used to invest in hospital and school buildings; the second fund, when it had reached some £300 million, was appropriated by the Treasury under the Conservative Government. That, frankly, was an absolute disgrace. What a way to reward financial probity.

While in theory the new constitutional settlement under which the National Assembly works, with a reserved power model replacing the conferred power model of the 1998 Act, is much more acceptable, as has been mentioned by a number of noble Lords, in practice the extent of exceptions and split authority renders it open to the same criticisms of opaqueness and uncertainty as was previously the case. You go around the square but in the opposite direction and sometimes arrive at the same point.

We get the impression in Wales that civil servants in Whitehall are still reluctant to recognise that in most devolved matters there should be a clean break to facilitate clear lines of responsibility and answerability. Within the framework of a British state, which may or may not survive, there is a clear logic in having a federal model, with the clear-cut delineation of responsibility that that implies. This will become even more pressing if we leave the European Union, and powers—for example, over the UK single market or state aid—currently exercised in Brussels will in practice thereafter be centralised in London. That, frankly, is just not acceptable. It is as though EU responsibilities for the single market were put exclusively into the hands of Germany. Unless Westminster wakes up to this danger, it will become another driving force towards the break-up of Britain as we know it.

We need such a level playing field for a purpose: to trigger self-regenerative and sustainable economic growth in Wales that can at long last raise average incomes in Wales to an acceptable level. This has been one of the greatest disappointments of the economic failure of successive Governments both in Cardiff and in London. The ONS figures published today for gross disposable household income per head show that Wales is at the bottom of the UK table, both of nations and of regions. Our figure of under £16,000 per head compares with London standing at over £27,000 per head—an astounding 77% higher.

That is the pattern that we suffered before devolution and it persists. We desperately need a change of Government in Cardiff Bay to deliver economic regeneration for our country. In securing this, we need to see not just worthy plans, blueprints and initiatives, which the Assembly would be very good at; we need to ensure that these are turned into reality, which is sometimes more of a challenge.

Then there is the issue of which government functions are devolved and which, within the framework of the current devolution settlement, are best undertaken on a UK basis. This matter was addressed a few years ago by the Silk commission, of which the noble Lord, Lord Bourne, was a distinguished member. The commission recommended the devolution of police responsibilities to the National Assembly, and it did so after considering compelling reasons, including the fact that many responsibilities which impact on police work, such as highways, social work, community cohesion, mental health and local government, are all already devolved. Police and home affairs are devolved to Scotland and Northern Ireland, and I ask the Minister, in responding, to give some commitment that the Government might look again at this matter.

Finally, perhaps I may address an issue that is a challenge to the National Assembly: the erosion over the past 20 years of the media in Wales, as indeed elsewhere. The financial pressure on newspapers has led to a staggering reduction in the coverage of political and civic matters, and now we have the centralisation of commercial radio, with implicit uniformity of news coverage and the elimination of proper reporting of the National Assembly’s work. The result is that the voting public are just not given in-depth analysis of the decisions and debates undertaken in the Assembly. Consequently, it is hardly surprising that turnout in elections has steadily reduced. This has to be addressed for the sake of effective democratic government.

The real test of the devolved system of government in Wales will come at the next election, when, for the first time since those heady days of 1999, there is a real possibility of the National Assembly not being governed by a Labour-led regime. Plaid Cymru and its new leader, Adam Price, in forming such a Government, will play a responsible part in improving the government of Wales within the present settlement, while of course seeking greater powers for the Assembly and seeking to retain Wales’s essential links with Europe, which are so vital for our manufacturing and farming sectors, as well as for our cultural identity. This will inevitably lead to greater independence, but that should not frighten the citizens of our fellow nations in the UK. It is a matter of taking responsibility, and of mutual respect. It is a journey that we have already started, and it will go just as far and as fast as the people of Wales wish. It will be completed when we reach a stable, ongoing, harmonious relationship with our British neighbours and with the nations of the European mainland to which we belong.

Wales could do so much more to help itself, given a stable union of European nations within which to grow and flourish; given the powers to do everything we can to help ourselves; and given an appropriate voice within wider contexts, where decisions are taken further afield that influence our well-being and prospects. The step taken 20 years ago was in the right direction, but we have so much more to do. My party looks to an opportunity at the next election to lead Wales towards the self-fulfilment that is within our reach and thereby to contribute to our continent and to a wider world.

Northern Ireland (Ministerial Appointment Functions) Regulations 2019

Lord Wigley Excerpts

Monday 18th February 2019 Lords Chamber

[Lord Dubs (Lab)]

My Lords, I congratulate the noble Lord, Lord Empey, on his consistency on the issue he has raised and on the fact that he is completely right—a pretty powerful combination. Are the Government cherry picking what they are seeking to do? I know that “cherry picking” is now a fashionable expression, but it seems that the Government are cherry picking appointments. What about other appointments? Why have these ones been selected—is there a particular reason for it? Also, what about the functions to be carried out by these appointments? Are there any constraints on how these individuals can carry out their functions, given that there are serious constraints on how government departments in Northern Ireland can carry out their functions?

The whole position seems extremely illogical. We need an indication of progress—I endorse the comments that have been made. Surely the time has come, not just for the Secretary of State to say that she is doing her best—I am sure she is—and for the Minister to say that he is sure that the Secretary of State is doing her best, but to have a new initiative on knocking heads together and bringing the parties together. Surely an impartial umpire/facilitator is needed. Let us get on with making that appointment, then we can have some progress.

[Lord Wigley (PC)]

My Lords, these questions go beyond the direct area of Northern Ireland, although obviously that is the greatest priority. They affect the workings of the intergovernmental mechanisms that bring Wales, Scotland and England together as well. There is a danger of that dimension picking up its own momentum and of Northern Ireland not being adequately involved. I hope that that will also be borne in mind as we try to make progress on these matters.

[Lord Trimble (Con)]

My Lords, I support what the noble Lord, Lord Empey, said. I agree entirely with the comments of the noble Lord opposite, but I want to open up something that touches slightly on what he said—and I am afraid that in doing this, I may add to the list of things that the Minister has to consider.

I noticed that in his introduction the Minister made reference to the Belfast agreement. The Belfast agreement is in a very difficult situation at the moment, because the Government’s withdrawal agreement takes the heart out of the Belfast agreement and rips it to pieces. To give detail on that, I draw Members’ attention to a paper that may be on the Policy Exchange website this afternoon, but which will be generally available quite soon thereafter, by Graham Gudgin, who has gone in detail through the ways in which the withdrawal agreement destroys the Belfast agreement—it is as strong as that. That will also impact on the possibility of doing something through the mechanisms of the agreement for consultation between the Government and the people of Northern Ireland and bringing in other parties. This is another matter which cannot be left in abeyance. Does the Minister have any thoughts about what the Government can do to restore the health of the Belfast agreement?

Brexit: Negotiations

Lord Wigley Excerpts

Tuesday 20th November 2018 Lords Chamber

[Lord Wigley (PC)]

My Lords, having congratulated the noble Lord, Lord McCrea, I say with all my heart that I wish we were now remaining in the European Union, but we are where we are. Opinion is still divided down the middle. The Welsh and Scottish Governments have significant misgivings about the effect of Brexit on our manufacturing and agricultural economy. There are also concerns about the effect of this draft agreement on devolved powers, such as those arising in Articles 75 to 78 on public procurement and in Article 93 on state aid. It is highly regrettable that the First Ministers of neither Wales nor Scotland were allowed to see the draft withdrawal agreement before it was published. It takes us out of the EU without specifying where we are going. The outline political declaration is a flimsy wish list of ill-defined aspirations.

Early on, Plaid Cymru realised the need to compromise. We contributed positively to the Welsh White Paper published in January 2017, which contained in its subtitle the words,

“a new relationship with Europe”.

We indicated that we could accept a withdrawal agreement if the Government, while leaving the EU, negotiated single market and customs union membership. But we cannot possibly support what is now proposed. Northern Ireland is given special status in its relationship to the single market and customs union, so why is that not available to Wales and Scotland—or to the whole of the UK? If this is meant to be a bridge over troubled waters, it is only half a bridge. It takes us to mid-air. We have no idea what follows after 2020. It is a blind Brexit. It pushes uncertainty two years down the road, with potentially devastating costs thereafter for manufacturing and agriculture. Ongoing uncertainty will undermine attempts to secure new investment.

The penny has now dropped with Welsh voters. They realise that this offer bears no semblance to the Brexit promises of 2016. That is why it is legitimate to ask for a people’s vote—to ask whether they really want to follow this Brexit trail, now that they know its horrendous destination. If they say yes, so be it—they will have voted with their eyes open—but if they say no, that decision should stand. It should be a straight vote between this draft agreement and the status quo of staying in the European Union. No one in their right mind wants a no-deal Brexit. That was not offered in the 2016 referendum and it should not be on the ballot paper now.

An early Commons vote should facilitate such a path. The Government should then apply to put back the Article 50 departure date—as late as the EU can accommodate, given the forthcoming European elections—or withdraw it unilaterally if the CJEU confirms that power. A people’s vote Bill should be tabled before Christmas with voting in mid-April. If the present Government are unwilling to allow a people’s vote, let them be replaced, without delay, with a cross-party Government specifically to get this done. Having had a people’s vote, then—at that point and not before—let us have a general election to elect a Government willing to turn the people’s settled wish, as expressed by a people’s vote, into a stable, lasting and outward-looking political reality.