Macur Review
Debate between Nia Griffith and Stephen Crabb(8 years, 2 months ago)
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Nia Griffith (Llanelli) (Lab)
I thank the Secretary of State for his statement and for advance sight of it.
The horrific abuse that was carried out at care homes in north Wales has shocked us all and our thoughts today must be with the survivors. Not only did they endure violence from those who were meant to protect them, but they have had to wait years—decades—to be heard.
I would like to pay tribute to my right hon. Friend the Member for Cynon Valley (Ann Clwyd) who has campaigned tirelessly for the survivors ever since these allegations came to light. As she has highlighted before, some of those who were abused at Bryn Estyn and other homes have since taken their own lives. It is therefore right that we think of their families today and of everyone affected by this scandal.
The extent of the abuse revealed by the Waterhouse inquiry was staggering. It found evidence of “widespread and persistent” physical and sexual abuse, including multiple rapes carried out against young boys and girls. This abuse was allowed to take place over many years, sometimes decades, in the very homes where vulnerable children should have felt safe. The scale of the abuse is shocking, but what is also shocking is that many of the inquiries into this abuse have encountered a reluctance to co-operate with them, and a refusal to publish their conclusions—in short, cover-ups and missed opportunities.
As the Secretary of State has indicated, the Macur review was
“set up to examine whether any specific allegations of child abuse falling within the terms of reference of the Waterhouse Inquiry were not investigated.”
On behalf of the Opposition, I would like to extend our thanks to Lady Justice Macur and her review team for the work that they have undertaken. In the light of what has happened to previous reports and the overwhelming need for transparency, I welcome the fact that the Macur review has now been published.
There may be cases where redactions are needed, not least to ensure that no ongoing police investigation is compromised, but these redactions must be as few as possible and they must be justified to the survivors. Can the Secretary of State confirm that this review, along with the many other reports on and inquiries into abuse in north Wales, will be made available in full to the Independent Inquiry into Child Sexual Abuse, and that this inquiry will be able to see full, unredacted copies of these reports?
The Waterhouse inquiry found that most children did not feel able to come forward to report what had happened to them. The few who did were discouraged from taking matters further. In fact, were it not for the bravery of whistleblower Alison Taylor, many cases of abuse would not have been uncovered. Although we recognise that processes for safeguarding children have changed radically since many of these cases took place, we must always be ready to learn lessons to ensure that we can protect children better in the future.
Having studied the report, what changes in policy or practice do the Government feel are necessary? What steps will they take to ensure a co-ordinated response to any future cases, wherever they occur—in the public, private or third sector? Does the Secretary of State believe that there is sufficient protection for whistleblowers such as Alison Taylor?
We know that physical and sexual abuse has a lasting impact on the lives of those affected. In recent years, many survivors have felt able to come forward and report the abuse that they experienced. Indeed, we know that a number of people contacted the Children’s Commissioner for Wales following the announcement of the review, and it is possible that others will come forward as a result of the report’s publication. No matter how long ago the abuse took place, survivors need support to rebuild their lives. What support is being given to the survivors of abuse who have come forward, and what conversations has the Secretary of State had with agencies, including the Children’s Commissioner for Wales, to ensure that survivors of abuse know where to turn?
The scale of the abuse that has become apparent in recent years has shocked the whole of society. It is now clear that many thousands of children were targeted by predatory abusers in places where they should have felt safe. Far too many of those children were let down for a second time when they reached out for help, but nothing was done. Our duty is to make sure that survivors of abuse are heard and listened to, that those who report abuse are given sufficient protection, and that anyone who is responsible for acts of violence against children is brought to justice. Above all, we must ensure that this appalling abuse can never be allowed to happen again.
Stephen Crabb
I am grateful to the hon. Lady for her response to the statement, and for the spirit and tone in which she made it. I join her in paying tribute to the right hon. Member for Cynon Valley (Ann Clwyd) for her long-standing work in trying to achieve justice not only for her constituents who suffered abuse, but for the wider number of care home residents at the time.
When we discussed this issue during a recent session of Wales Office questions, the right hon. Member for Cynon Valley asked me about the redactions. I gave her a commitment that everything possible would be done to ensure that they were kept to a minimum, and that we would be able to explain the reasons for them fully. As I said in my statement, I believe that the letters that we have published along with the report set out those reasons very clearly, but I suggest that Members read Lady Justice Macur’s remarks in the report urging caution in relation to the publication of the names of individuals in the various categories that she describes. I hope that those explanations will provide ample justification for the redactions.
The hon. Lady asked whether we would make a full, unredacted version of the report available to the independent Goddard inquiry. The answer is yes, absolutely. We have also made a full, unredacted copy available to the Crown Prosecution Service, the Director of Public Prosecutions and Operations Pallial, Hydrant and Orarian.
The hon. Lady asked about changes in policy and practice, and about looking to the future. As I said in my statement, Lady Justice Macur has made a number of specific asks of the Government. She has asked for changes to be made, and made recommendations about, in particular, the way in which material is stored and archived. That is one of the weaknesses that she found in establishing her inquiry after 2012, when it was set up. She referred to the “disarray” that many of the files were in. There are important lessons to be learned by Government as a whole—devolved Administrations and the United Kingdom Government—about the way in which sensitive material is archived and protected for the future. Those lessons have been and are being learnt.
As for the wider issue of how we support the survivors and victims of abuse, I think that there has been an enormous cultural change in the last 30 years in Wales and throughout the United Kingdom. That is one of the reasons why more survivors now feel empowered to come forward as part of Operation Pallial, to relive those horrific events, and to make specific allegations, which are being pursued rigorously by the National Crime Agency.
The really positive developments that have taken place since the 1990s, including the establishment of the Children’s Commissioner for Wales, show that as a society we have made a lot of progress. Of course we do not get everything right, and there is much more that we need to learn to do, but we have made a lot of progress over the past 30 years on the way in which we support victims of sexual abuse and address this issue. I do not wish to sound complacent in any way, however, and indeed there is no sense of complacency in Lady Justice Macur’s report that we are publishing today. I hope that that addresses the hon. Lady’s specific question.
The hon. Lady also asked what support was being provided through the independent Goddard inquiry. The inquiry will shortly open an office in Cardiff to reach out to survivors in Wales, and it will work through the mediums of English and Welsh.
Oral Answers to Questions
Debate between Nia Griffith and Stephen Crabb(8 years, 2 months ago)
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Stephen Crabb
My hon. Friend, who chairs the Welsh Affairs Committee, has been persistent and effective in raising concerns about the burden imposed on businesses and motorists in Wales by the very high tolls on the Severn bridge. We have not made any final decisions about what will happen when the private sector concession ends at the end of 2017, but we and the Treasury will be very keen to hear any specific ideas that he and members of his Committee might have.
Nia Griffith (Llanelli) (Lab)
Last year, the Secretary of State said his ambition was to secure more balanced growth in the Welsh economy, but on his watch we are seeing the loss of hundreds of jobs in our strategically important steel industry. The Government are being painfully slow to heed our warnings on cutting energy costs, and weak and disingenuous when it comes to standing up to Chinese dumping. With EU backing given in December, how much longer will the Government delay the energy compensation package the steel industry in Wales so desperately needs?
Stephen Crabb
I am really disappointed by the slightly tribal and partisan tone the shadow Secretary of State adopts on this issue. If she wants to talk about what has happened to steel jobs under Conservative and Labour Governments, I am happy to do that, and we can talk about the decline in steel jobs on the watch of previous Labour Governments. I am much more interested in getting answers now to the global storm facing the steel industry. This Government have taken a lead in Europe in changing procurement rules and arguing for protection measures against Chinese dumping. We are making sure that the steel industry in Wales has the best possible chance of a sustainable and profitable future.
Nia Griffith
The Government also have a key role in commissioning large infrastructure projects, which can boost manufacturing and rebalance the economy. Manufacturers across Wales, who are gearing up in earnest to supply the Swansea bay tidal lagoon, share my deep concern that the Government are now planning a lengthy review, which could scupper the project altogether. Will the Secretary of State now give us an unequivocal guarantee that this vital project will not be sunk by his Government?
Stephen Crabb
I notice that the shadow Secretary of State did not stand up and welcome what we saw yesterday—Her Majesty the Queen naming and opening the new Elizabeth Crossrail line, which, by the way, uses 50,000 tonnes of steel made in Wales by Celsa Steel. The hon. Lady should be absolutely welcoming that as a good example of how UK infrastructure investment can drive growth in the steel industry. On the tidal lagoon review, the chief executive of the Swansea tidal lagoon has welcomed it himself. He welcomes the fact that we are looking into this and exploring all options to see whether the project can be financially viable.
Draft Wales Bill (Morning sitting)
Debate between Nia Griffith and Stephen Crabb(8 years, 3 months ago)
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Stephen Crabb
The hon. Gentleman is trying to take me down a road that we are not going down today. On the earlier point of his intervention, as I said to the Welsh Affairs Committee and to the Assembly’s Committee, we will be using this process to look again at some of the details and I have listed three broad areas that we are looking at: reservations, ministerial consents and the necessity test. My purpose today is to remind Members from Wales, who perhaps have not participated in the Welsh Affairs Committee proceedings or followed what the Assembly Committee has been saying, of some of the broad principles behind our approach to what is a really complicated and difficult issue.
The second bit of what I regard as a new, emerging orthodoxy in Cardiff Bay is this: they believe that the Welsh Government and the National Assembly should have completely unfettered freedom to legislate in devolved areas. They believe that they should have complete freedom in those policy areas that are clearly the competence of the Welsh Government. That is a proposition I agree with and am very comfortable with. I want the Welsh Government and Welsh Assembly to exercise their law-making powers freely. I do not agree with what they then go on to say about these law-making powers—that when Welsh legislation has a spillover effect in affecting reserved matters, in affecting the law as it applies to England or in the way it affects the underlying principles of English and Welsh law—the single jurisdiction—somehow the Welsh Government should have the unfettered ability to make changes in those areas.
That is what the necessity test in this Bill is designed to do—not to stop the Assembly enforcing its legislation, but to make clear where the boundaries of their competence lie. However, this test has now become a point of warfare because they do not believe there should be any boundary or safeguard to those powers. When I put the question to them—when I asked the Presiding Officer and Carwyn Jones why the Welsh Assembly should have unfettered ability to make law without having any regard to the impacts on England or on reserved matters—I simply got a shrug of the shoulders in response. That is not a proposition that we can endorse.
The Bill is not designed to serve the agendas of those who believe that the next stage of devolution should be about driving a wedge between England and Wales and creating more separation. The purpose of the Bill is to provide clarity and to ensure that the two legitimate Governments for Wales, the UK Government and the Welsh Government, can work together in clarity so that Ministers in Cardiff Bay and in Westminster understand which areas of policy they are responsible for.
The answer to the complexities around this is not, as the First Minister now suggests, to create a separate legal jurisdiction. A separate jurisdiction would be expensive, unnecessary and, in the words of a partner of a major law firm in Cardiff, would result in a flight of legal talent from Wales. Let us be clear. If the Labour party had won the general election and had taken forward a devolution Bill, it would not be entertaining the creation of a separate jurisdiction.
Nia Griffith (Llanelli) (Lab)
On a point of order, Mr Owen. The First Minister has not advocated a separate legal jurisdiction. He has talked of a distinct legal jurisdiction, as indeed have the Constitutional Affairs Committee at the Assembly and all the Members of the Assembly, including all the Conservative Members, and that was backed in a motion at the Assembly.
Nia Griffith
Absolutely. There have to be certain consents and criteria, but our difficulty with the Bill is that it does not provide the clarity that we all want in legislation.
Stephen Crabb
I am interested in what the hon. Lady just said. Is she saying therefore that she supports the retention of some kind of test, whether that is necessity or some other formula, or does she want to remove it altogether?
Nia Griffith
Our worry is that we might turn the clock back to a time pre-2006. The purpose of the Bill is to define powers, but what we have at the moment is confusing. That confusion has arisen for several reasons, but particularly with regard to the non-devolution of certain parts of the law.
Stephen Crabb
I am grateful to the hon. Lady for giving way again. In answer to my right hon. Friend the Member for Clwyd West, she appeared to say that we clearly need some kind of test. Is it her view, and the view of her party, that, whether it is the necessity test or another formula that commands legal respect, we need some kind of boundary or legal phrasing in the Bill, rather than no test at all?
Nia Griffith
We need a framework that successfully explains to people what it actually is, not one that is confused and suggests, for example, that we might be looking at Bills that have been passed in the Assembly such as the Renting Homes (Wales) Bill.
Stephen Crabb
The hon. Lady has made strong points about the need for clarity by posing a specific question, which she now appears to have muddied. Does she support having some kind of test around the spillover impact when the Welsh Government make law that affects reserved areas, England, and civil and criminal law? Does she support having some kind of test within the framework?
Nia Griffith
There has to be some sort of framework to define exactly where the Welsh Government can legislate. What we do not want is a situation where we continually dispute that, as that would not help.
Nia Griffith
I will not give way any more. It is for the Secretary of State to introduce better legislation. It is simply undemocratic to go continually to the Supreme Court, because it is not for judges to decide this, that or the other about what can be subject to legislation. We want legislation that makes the position clear, rather than having to go to court time after time.
The real problem is the sense that we are going back pre-2006, and rolling back things that have been introduced by the Assembly in the past few years. The Welsh Government have listed no fewer than 14 Acts in this Assembly’s term that would require additional permission from Whitehall if the Bill were in force. The Secretary of State has said that this is all about respect, but where is the respect in making it harder for the democratically elected Assembly to pass laws? The people of Wales did not vote in 1997 and 2011 for a Welsh Assembly hamstrung by Whitehall, able to legislate but only when UK Ministers allowed it. That completely undermines the autonomy of the Assembly and is a major step backwards. As Conservative Assembly Member David Melding has highlighted, that ends with the constitutionally unacceptable position of UK Ministers, who are not accountable to Assembly Members, telling the Assembly what it can and cannot do.
Of course, ministerial consent exists under the current system, but if the Secretary of State really wants to clarify and simplify the settlement, he would clear up the consent process. As the Silk Commission recommended, there should be general transfer of ministerial functions in devolved areas from Whitehall to Cardiff Bay, just as happened in the Scotland Act. The Secretary of State has given no good reason why Wales should be treated any worse than Scotland.
The Bill would make the system significantly more complicated, with the effect of rolling back the Assembly’s powers. In the words of the Assembly’s Constitutional and Legislative Affairs Committee:
“It is clear to us that the cumulative effect of the approach being adopted…is to reduce the Assembly’s legislative competence.”
Yet again the Bill would fail to deliver a fair and lasting settlement. Instead, it would take powers away from Wales and make it harder for the Assembly to do its job.
Let us turn to the reservations themselves. A primary purpose of the Bill is to introduce a reserved powers model, in order to bring greater clarity to the devolution settlement. The Silk Commission report says:
“In a reserved powers model, the settlement would set out clearly the limits of devolved competence. We would expect law-makers to legislate with greater confidence…rather than being constrained by uncertainty”.
Clarity is about the last thing that comes to mind when reading the 34 pages of reservations in the Bill, covering 267 separate powers, on everything from Antarctica to zebra crossings. Everyone agrees that the list is far too long. Indeed, Angela Burns, the Conservative Assembly Member for Carmarthen West and South Pembrokeshire, has described the list as unworkable. She said:
“The reservations, as they stand, will hinder the development of policy, will impact on the coherence and unity of legislation and will, in my view, muddy the waters between legislatures.”
Even the Secretary of State has said:
“When I read through the list of reservations I can see for myself that there are things where I think, you know, ‘For goodness’ sake, why is that being held back as reserved?’”
It is his Bill.
Nia Griffith
As a bare minimum, we should expect the Secretary of State to have confidence in his own draft legislation, not to rush forward with some half-baked set of reservations that not even he supports.
The failure of the Wales Office to challenge Departments to explain what needs to be reserved, not just what they want to have reserved, is quite remarkable. In the words of the Assembly’s Constitutional and Legislative Affairs Committee:
“The absence of a principled approach has contributed to the excessive number and complexity of the reservations.”
In this week’s report by the Wales Governance Centre and University College London, they describe the failure to think rationally about what needs to be reserved as a “fundamental defect” in the Bill.
Perhaps if the Secretary of State and his Department commanded more respect in Whitehall we would not have ended up with a shoddy list of reservations that literally no one supports.
The biggest problem with the reservations is the completely ill-advised decision to reserve the entirety of criminal and civil law. That makes absolutely no sense and is the clearest example of the Bill rolling back the Assembly’s powers. The Assembly is a law-making body, so preventing it from having any ability to change the law is both illogical and unacceptable. It reduces the status of the Assembly to a second-class legislature. It is directly contrary to the Silk Commission’s warning that the reserved powers model must
“do nothing to restrict the existing and future ability of the National Assembly to create criminal sanctions where it is necessary”.
The rationale behind the decision to reserve the entirety of the law is given in the explanatory notes. The Bill seeks to provide
“a general level of protection for the unified legal system of England and Wales, whilst allowing the Assembly some latitude to modify these areas of law”.
But the 2011 referendum was about giving the Assembly full powers to legislate in the areas devolved to it, not some latitude to modify the law. So the Secretary of State needs to reconsider this crucial aspect of the Bill. One solution would be to introduce a distinct legal jurisdiction for Wales, as recommended by the Assembly’s Constitutional and Legislative Affairs Committee and endorsed unanimously by the Assembly.
Nia Griffith
I would welcome the opportunity to have another look at how the Bill could work, but what I want to hear from the Secretary of State is a willingness to be more open about that, rather than digging this big trench around himself and saying that he is not going to change this, not going to change that, and not going to change the Bill radically.
Stephen Crabb
I hesitate to interrupt the hon. Lady, because I am enjoying her speech a lot, but just to clarify, at no point have I said that I am not going to change this and not going to change that. She has put words in my mouth there. What I have said today is that there are areas of the Bill which we need to look at and change—I have said that very clearly—but also there are fundamental principles behind what we are trying to do, in ensuring the integrity of the UK Government and Parliament and the integrity of the Welsh Government and Assembly.
Nia Griffith
The problem is that we had the hon. Member for Montgomeryshire telling us that he may not even vote for the Bill; he describes it as an abysmal failure. We had the hon. Members for Vale of Clwyd, for Brecon and Radnorshire, for Monmouth, and for Gower—I see he has left his place—and, indeed, the right hon. Member for Clwyd West, all saying publicly that the income tax devolution that will be included in the final Bill is disrespectful to the Welsh people. So there is utter chaos on the Conservative Benches about the Bill. It is a remarkable situation.
Oral Answers to Questions
Debate between Nia Griffith and Stephen Crabb(8 years, 6 months ago)
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Stephen Crabb
As I understand it, the incident happened in the past hour. Ambulances are at the scene. I am told by officials that there are three injuries at the site. That is all I know at this moment. As the hon. Gentleman says, our thoughts are very much with the workers, their families and the emergency services at the scene.
Nia Griffith (Llanelli) (Lab)
First, I echo the words of the Secretary of State in respect of the tragic events in Paris and the explosion at Celsa this morning.
The Secretary of State knows just how serious is the crisis facing the steel industry in Wales, and indeed the whole of the UK. Four years ago, the Chancellor promised a compensation package for energy-intensive industries. What reassurance can the Secretary of State now give to the thousands of workers in Wales whose jobs depend on the steel industry that his Government will deliver that package by the end of this month?
Stephen Crabb
The point I would make first up is that we are in the process of delivering that compensation. We have already paid out about £50 million in compensation to British steel companies, not least to companies based in Wales, so the money is already getting to them. What we are talking about at the moment is getting state aid clearance for the final element of the compensation package. That is really important for the steel companies, and we are pressing hard to get it.
Nia Griffith
After four years, the Secretary of State’s Government have still not finished negotiating one package. That hardly bodes well for the promises the Prime Minister is making about EU reform.
The Government have made much of merely renewing existing anti-dumping measures, but with 94% of the Chinese steel that comes into the EU flooding the UK market, why is the Secretary of State’s ministerial colleague in the EU Council of Ministers blocking the much needed reform of the trade defence instruments?
Stephen Crabb
I am not sure that the hon. Lady is fully sighted on all the actions on steel that we are taking at a European level. My right hon. Friend the Secretary of State for Business, Innovation and Skills and his colleague, the Minister for Small Business, Industry and Enterprise, have been at the forefront in discussions and negotiations at a European level to get change, with real, practical, urgent action on anti-dumping and on state aid clearance for compensation for energy costs. We are leading the way in trying to get change at a European level to support and protect our British steel industry.
Oral Answers to Questions
Debate between Nia Griffith and Stephen Crabb(8 years, 8 months ago)
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Stephen Crabb
My hon. Friend asks a really good question. What we have seen over the past five years, despite the scaremongering and Labour’s talking down of the Welsh economy, is unemployment continuing to fall. Today’s figures demonstrate once again that record numbers of people in Wales are going back to work—there is no reason to think that that will not continue—and we will achieve our long-term ambition of full employment.
Nia Griffith (Llanelli) (Lab)
The Prime Minister repeatedly promised before the election not to cut child tax credits, so will the Secretary of State explain to the 250,000 families in Wales who are losing an average of £1,000 a year, 90% of which will not be recouped by the rise in the minimum wage, just why his Conservative Government are breaking that promise? By reducing work incentives and hitting low-income families, any pretence they ever had to represent working people has been exposed as the sham it always was.
Stephen Crabb
I am really surprised by the tone that the shadow Secretary of State adopts for her first question. As I said, we discussed this issue at length yesterday. We have just come through an election in which the people of this country gave a very strong mandate and endorsement to one party to carry on fixing the economy and reducing the deficit. We cannot get on top of that or achieve it without tackling our spiralling welfare costs. I thought during the election campaign that Labour Members seemed to be getting close to understanding that, but I now see that they have abandoned all hope.
Nia Griffith
We have a broken promise on child tax credits. The majority of the 250,000 families affected are in work, and the Government are deliberately choosing to push them into poverty. It is not only they who will lose out. These cuts will suck £200 million out of the Welsh economy, which is money that families, out of sheer necessity, spend directly in their local high streets. What assessment has the Secretary of State made of the knock-on effects of that lost income on jobs in our communities across Wales?
Stephen Crabb
Ahead of the summer Budget, we of course analysed how the measures taken together would affect people up and down the country. As I have said, eight out of 10 families will be better off as a result of the measures we are taking. The hon. Lady knows as well as I do that low pay has been a curse on the Welsh economy for far too long. I repeat the point that I never thought I would see the day when Labour Members stood up to talk down the efforts that we are making to drive up wage levels for people all across our country.