Devolution of Justice: Wales

Debate between Alun Cairns and Liz Saville Roberts

Tuesday 29th November 2022 Westminster Hall

[Alun Cairns (Vale of Glamorgan) (Con)]

I congratulate the right hon. Lady on securing the debate. She makes important points about the detention of women, and I know that the Ministry of Justice has sought to discuss the issue, negotiate and open facilities in various local authorities. My constituency was a consideration at one time, but no suitable accommodation could be found. Is that not an example of the Ministry of Justice seeking to answer the issues that have been raised? Local authorities themselves are rejecting it.

[Liz Saville Roberts]

I will return to that later, but because the right hon. Gentleman has raised the point, I will engage with it now as well. There is a residential unit in planning for one area of Wales, but we really need to know exactly which services will be there. Will it effectively be a small-scale prison, or will it actually offer the services that women need? We also need to know what the interface will be between the devolved service and the reserved provision. That is a very timely point, because it has just become apparent at the private prison near Bridgend, HMP Parc, that the local authority has had to step in to take over social services there. Again, this ad hoc arrangement, the lack of clarity and the lack of scrutiny over who is providing what is resulting in bad outcomes, which is why the debate is so timely.

It is evident that there are not many of us in this room. That is actually part of the issue, because Westminster will concentrate on where the loudest majority issues are. However, there is a phenomenon in Wales: the disconnect. Frankly, if this is the best we can do in relation to the disconnect with the highest imprisonment rates in western Europe, we must consider looking at the issue in an alternative way.

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[Liz Saville Roberts]

I am grateful to the hon. Gentleman for his intervention, and I am honoured that Members from across parties are pointing out the inconsistency that we are experiencing in Wales.

The UK Government’s prison population projections from 2021 to 2026 anticipate that prisoner numbers in the England and Wales conglomeration will rise to 98,500 by March 2026. Those are extraordinary figures. As part of that increase, the Ministry of Justice anticipates that the number of adult female prisoners in England and Wales will increase by over a third—36%. Disaggregated data from Wales shows that the number of Welsh women in prison will likely increase from 227 to 308. Therefore, the provision that is being planned now for south-west Wales, although welcome—even to those of us who disagree that that number should be arriving in the system—is highly unlikely to deal with the numbers we are anticipating to arrive in the system.

Under the plans that took effect in May, the maximum prison sentence that can be handed out by magistrates has increased from six months to a year, which is also expected to contribute to a rise in prisoner numbers. Disaggregated sentencing data shows that the average custodial sentence length for women sentenced in Wales already increased from seven months in 2017 to 13.6 months in 2021. Although 23% of the Welsh female prison population was serving sentences of four years or more in 2019, that has increased to 29% in 2021. How does that align with the Welsh Government’s stated aim to reduce the number of Welsh women in prison? The answer, of course, is that it simply does not because there is no direct link between the very worthy policy, which most of us support, and the means to bring it about.

I am pleased that the UK Government are working with the Welsh Government to establish a pilot women’s residential centre in Wales as an alternative to custody, and my probation service in north Wales is doing very good work to the best of its ability on the ground, but the policy and structure that we have in place hinder it. In truth, the number of women supported will be small and focused in very specific areas of Wales. Therefore, my second question to the Minister is: given that overall incarceration of women from Wales will increase, does he honestly believe that to be coherent policy making for women in the criminal justice system in Wales? Particularly since the autumn statement, it looks likely that Departments such as the Ministry of Justice will have less capital money to spend in the long term. I wonder where that leaves the development of multiple women’s residential centres across Wales.

Another issue that shines the cold light of reality on the jagged edge is housing. Housing and the responsibility for preventing homelessness lie, as we all know, with the Welsh Government, and have done so for 22 years, but the policy aim is not properly aligned with the Westminster-controlled criminal justice system at present. The removal of priority need for prison leavers in the Housing (Wales) Act 2014 was driven by several factors, including low levels of housing stock and pressures on hard-working local authority staff in finding accommodation for prison leavers. It was, however, in part due to the inability of the Welsh Government to control or even influence the upstream factors that affect the rate and timing of demand for housing prison leavers. Even though prison leavers still get let out of prison on Fridays, they get no support at the weekend. The outcomes of that need proper scrutiny.

Those factors include the rapid rise in prison leavers from an ever-expanding prison population, the long distances from home addresses, which reduce the likelihood of prison leavers being able to receive support services, and the fact that Welsh prisoners are widely dispersed across England, making it hard to know when and where the demand will arise when they return to Wales. The same facts apply equally to English-address prisoners held in Welsh prisons. This is not looking at the justice experience just from a Welsh perspective but as a totality.

[Alun Cairns]

The right hon. Lady is looking at this from a purely nationalistic point of view, and I understand the motive behind that. Does she not accept that a prison in England could be closer to a prisoner in my constituency, and more appropriate than what she envisions in her purist approach, which is that the prison must be in Wales? If it were in north Wales, it would be four and half hours away.

[Liz Saville Roberts]

With respect, there are a number of prisons close to the right hon. Gentleman’s constituency. I was emphasising that women are at present going to prisons in Gloucestershire or Cheshire. If we sent prisoners from south-east England to Parc or Berwyn, they too would be very distant from their homes. That is not an effective way to ensure rehabilitation.

[Alun Cairns]

That is a challenge that we need to address sensibly, but simply saying that a Welsh prisoner needs to stay in Wales is not sensible. If a Welsh prisoner needs to stay in Wales, must they travel four and half hours from north Wales to a prison in south Wales? We need to recognise the interconnectivity between Wales and England; 50% of the Welsh population live within 25 miles of the border.

[Liz Saville Roberts]

With respect, the right hon. Gentleman is looking at the convenient location of prisons, rather than at justice outcomes, which is what I hope we look for in our scrutiny. It is not a matter of where people go; it is a matter of their coming back to the communities where they have committed crimes. I am looking at this not just from the point of view of those individuals and their families, although I hope the children of prisoners would certainly be our consideration, but from the point of view of the communities to which they return.

I hope we all aspire to effective rehabilitation. Yes, we penalise people by taking away their liberty, but when they return to the community, we hope that they are healthier than when they went to prison, have the opportunity for more education, are housed, can find work and have a stable family environment. That is all down to services, and there is a jagged edge where there is no interconnectivity between reserved and devolved powers.

To return to housing, since the removal in 2014 of priority need in Wales, there has been an increase in the number of prison leavers presenting as homeless. As we have mentioned, housing is a factor in the success or otherwise of rehabilitation. In the year 2019-20, fewer than half of those released from prison custody who were managed by probation services in Wales went into settled accommodation. However, simply reintroducing priority need for prison leavers is meaningless unless we have proper joined-up working between criminal justice and social services providers, as the local authority in Bridgend does.

I have emphasised the two issues of housing and women in the criminal justice system to highlight the illogical nature of the misaligned mishmash of powers and responsibilities, which leads to problems in the operation of justice in Wales. There are countless other examples I could have chosen from across the justice system: policing, probation, courts, education, health services, access to justice and the experience of victims in Wales.

The portrait of justice in Wales is so ill drawn that it can only be presumed that the Ministry of Justice assumes that no one is looking. We are at least looking today, but there is the important question: what is to be done? The Thomas commission proposed the devolution of justice responsibilities to

“enable the proper alignment of justice policy and spending with social, health, education and economic development policies in Wales, to underpin practical, long-term solutions; place justice at the heart of Government; enable clearer and improved accountability.”

Devolution of justice is not simply a nice thing to have, a policy toy to play with. It is essential if we want to build a better and fairer society. It is the only way truly to end the jagged edge and create a system that genuinely serves the people of Wales. It would also offer some protection against the attack on human rights and civil liberties that the UK Government have been undertaking, such as their curbing of protest rights through the Police, Crime, Sentencing and Courts Act 2022.

It is hard to see how the Welsh Government can develop any plans for a Welsh Bill of Rights without having full control over justice in Wales. I have tried to think from the opposing point of view, and there are three points that critics of what we propose might throw back at us. The first is the cost of devolution. When I spoke in the debate on the Thomas commission report three years ago, the Minister at the time claimed that the additional running costs would amount to £100 million per annum, but that is not even consistent with the evidence provided by the UK Government to the Thomas commission. Rather, the UK Government’s 2018 estimate was that the initial set-up costs associated with devolving justice—all right, at the time; fair enough—would amount to £101.5 million, with subsequent additional costs of some £37.5 million per annum.

Focusing on the additional financial costs involved for devolved Government, the Welsh Government estimated set-up costs of £13 million, with £10 million per annum of additional costs to follow. In other words, excluding set-up costs, the extra incremental cost of devolving justice would come to less than half the amount claimed by the justice Minister three years ago. That is in the context of an annual spend on justice functions in Wales of some £1.2 billion.

Moreover, while there would clearly be some additional costs involved in devolving justice, there are estimates that Wales would benefit financially if justice were devolved. Per capita spend on justice is lower in Wales than in England, but if justice were devolved, the operation of the Barnett formula would, over time, ensure that the amount in the Welsh budget derived from UK spending on justice in England equalised at the English per capita level—that is, it would be more.

While it would ultimately be up to the Senedd to decide how to allocate the extra resource, those funds would be available for spending on justice-related functions, such as crime prevention, tackling substance misuse and reducing homelessness. As it is, the Welsh Government are already putting money into funding extra police community support officers. There is an argument that people in Wales pay more for policing than people in England. This change would ensure better scrutiny, and that the money spent for Wales would be accounted for in Wales.

The potential to reduce homelessness gives an example of the real savings that could be made as a result of our reducing the negative outcomes of the justice system. The charity Crisis has estimated that

“people who experience homelessness for three months or longer cost on average £4,298 per person to NHS services, £2,099 per person for mental health services and £11,991 per person in contact with the criminal justice system.”

It is a matter of whose budget we look at to see the savings. They are not all siloed in one place.

As Lord Thomas himself noted in evidence to the Senedd last year, devolution presents a great opportunity for Wales; we could

“take advantage of Wales’s relatively small size and its lack of a vast metropolis to see if you can mould the workings of the bodies together to produce a coherent policy that is designed for the needs of Wales, rather than the needs of a much bigger country with very different potential problems.”

When it comes to the operation of justice in Wales, small really is beautiful, flexible and community focused.

Let me move to the second point I anticipate being used to counter what we propose. Advocates for the status quo might say, “We need better funding for the system.” That does not account for the structural issues at play here. Yes, fair and proper funding for Wales is vital for the operation of justice, but as I have highlighted, different policy decisions in Wales and Westminster are creating unavoidable tensions and failures, which money alone cannot solve.

There are two structures in play, and they are pulling in different directions. For example, even in the years of austerity in the 2010s, under a devolved system, the Welsh Government might well have chosen not to close so many courts or pursue the absurd privatisation of probation. We could have made different policy choices, even in the context of reduced funding.

The last Labour general election manifesto sadly rolled back from implementing the Thomas report, citing that it was a case for only reversing austerity rather than pursuing devolution to Wales. Therefore, cautiously, I ask the shadow Front Bench to recommit fully to implementing the Thomas commission report, just as they committed to doing so in their previous manifesto in 2017. If they will not, the question is whether the Labour party is intent on undermining its Labour colleagues in the Senedd.

Thirdly, other advocates of the status quo point out that it is not further devolution that we need, but better joined-up working between the Ministry of Justice and Welsh Government officials. However, even experienced MOJ officials in Wales are often overridden by their superiors in London, through policy decisions that often have no thought about Wales. There are agreements in place between the MOJ and Welsh Government, such as the concordat published in 2018 to establish a framework for co-operation between the MOJ and Welsh Government. However, in practice, such agreements do not work properly. As my hon. Friend the Member for Arfon (Hywel Williams) showed when he questioned Ministers about the memorandum in the context of the development of the Police, Crime, Sentencing and Courts Act 2022, it was unclear whether the UK Government followed the concordat and consulted properly with the Welsh Government on the Act, in spite of the impact that so many of the changes to policing and justice would have on devolved policies and competences.

Where UK and Welsh Government are aligned on justice matters, progress is slow. For instance, the Thomas commission recommended that problem-solving courts be established across Wales to promote alternatives to custody and tackle root causes of offending. The UK Government are piloting problem-solving courts, but not one is in Wales. It is in the Welsh Government’s justice work plan to pursue the establishment of a court. Can the Minister tell us what recent engagement he has had with the Welsh Government on establishing problem-solving courts in Wales?

The Welsh element of justice will always be an afterthought. My hon. Friends the Members for Arfon, and for Ceredigion (Ben Lake), run after Ministers saying, “Have you thought of this? Have you consulted on that?” The answer almost invariably is a bland no. Then, we find that we have to catch up.

On accountability, the mechanisms and institutions of the English and Wales system do not properly engage with the Welsh part. Let us take the Lammy report—a landmark report on racial disparities in justice. There is no real engagement on how devolved services interact with the justice system in Wales, or exploration of the Welsh content. The specific needs of Wales are drowned out on the Justice Committee. The Welsh Affairs Committee has sought to scrutinise the effect of the interface between reserved and devolved matters.

[Alun Cairns]

I am grateful to the right hon. Lady for making some points about racial injustice. Does she share my frustration that the Welsh Government chose not to be part of the race equality audit established by the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), to provide a baseline of evidence? There were active invitations and efforts made to encourage the Welsh Government to participate, so that we could establish whether the same problems existed in Wales, and they chose not to. That runs contrary to the right hon. Lady’s statement that Wales is an afterthought.

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[Liz Saville Roberts]

Where does the right hon. Gentleman think our priorities should lie—the business models of law firms or justice for people living in the communities of Wales?

[Alun Cairns]

I am grateful to the right hon. Lady for the question, but I do not think they are mutually exclusive. We can address the injustices that the right hon. Lady has raised—those genuine challenges need to be addressed, and I look forward to the Minister’s response—but that should not undermine the large employment numbers, the well-paid positions and the career progression that is provided for people, certainly from my constituency, who work in law firms in Cardiff and south Wales. Lord Thomas of Cwmgiedd called for the development of that cluster, but the right hon. Lady’s proposals would do nothing but undermine it.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 4th September 2019 Commons Chamber

[Alun Cairns]

My hon. Friend is absolutely right. The UK Government are making comprehensive preparations, in the event of a deal or in the event of no deal, to best position the UK and the Welsh economy to take the new opportunities as we leave the European Union. I am determined to work with colleagues right across Whitehall to ensure that Wales is at the forefront of their thinking.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Last night, 85% of Welsh MPs voted against no deal, including some very honourable Members who braved their own Whip. No deal has no mandate from the people and no mandate from Parliament. Is the Secretary of State proud of being complicit in his Administration’s attempt at pushing through an anti-democratic, damaging version of Brexit by silencing Welsh MPs who are representing our nation’s best interests?

[Alun Cairns]

The right hon. Lady’s party jointly published a document, “Securing Wales’ Future”, with the Welsh Government, which said that they would honour the outcome of the referendum. The reality is that the right hon. Lady and her party are frustrating the process. People in Wales want to draw a line and move on.

[Liz Saville Roberts]

Evidently the Prime Minister has a kennel of little pet dogs. As this place descends into further chaos, when the Senedd is recalled early tomorrow, Plaid Cymru will be calling for a Welsh national constitutional convention, to look at the options for Wales’s constitutional future. Can the Secretary of State confirm whether his party will get behind this national conversation, or will his seniors—the Minister for the Union and his advisers—stifle every attempt at our nation’s democracy?

[Alun Cairns]

The right hon. Lady claims to be the leader in Westminster of the party of Wales, but she fails to remember and to act on the instruction that came from the people of Wales to leave the European Union. She is seeking to frustrate the process. She is causing uncertainty to the Welsh economy, which is undermining business confidence.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 26th June 2019 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The Secretary of State is easy about a no-deal Brexit, which threatens to create a perfect storm for sheep farmers in Wales—and his Government are going to have to own it. Tariffs of 46% are set to kick in on 31 October, to coincide exactly with the season when mountain lambs come to market for export. There is a mart in Bala on 31 October. Will he join me there and tell farmers to their face why the value of their lambs has gone through the floor?

[Alun Cairns]

I remind the right hon. Lady that farming unions in Wales strongly supported the deal agreed by the Prime Minister and the European Commission. Would she stand at their mart, look them in the eye and tell them that she voted against their wishes and for a no-deal position? That is exactly what she did on three separate occasions.

[Liz Saville Roberts]

So that is the Secretary of State failing to take responsibility, then. He talks up the threadbare benefits of his insular Union while denigrating the real rewards of the European Union. The majority of Tory party members would sacrifice the United Kingdom for Brexit. Will he therefore tell me which is closest to his heart—his beloved Brexit, on which his career depends, or his precious Union?

[Alun Cairns]

There is no doubt that Wales prospers fantastically through being part of the United Kingdom, and there are great opportunities for the United Kingdom outside the European Union. I want to maintain a very close trading relationship with the European Union, which is why I would strongly prefer to have a deal. As a passionate Welsh lady, the right hon. Lady will recognise that Wales voted to leave the European Union. We are trying to honour the outcome of the referendum and maintain a close trading relationship so that farmers, manufacturers and service providers in Wales can continue to trade with the European Union and globally.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 3rd April 2019 Commons Chamber

[Alun Cairns]

With the actions that the Government are planning, I am optimistic about our prospects outside the European Union. Having travelled internationally—I was in Japan some weeks ago and in China at the end of last year—I am encouraged by the interest that has been shown in the UK economy, and I believe that Wales and the UK economy will be prosperous outside the European Union.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The Secretary of State told my colleague, the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), on the record in the Welsh Affairs Committee two days ago that he did not want to be “in a situation where there is no deal.” Could the Secretary of State explain to Welsh food producers and manufacturers why there are press reports after yesterday’s Cabinet meeting that he was for a short delay? That is, of course, shorthand for supporting no deal.

[Alun Cairns]

The right hon. Lady is seeking to draw me on private discussions within Cabinet meetings, but of course she knows that I would not be drawn on those. What I said on the record on Monday I will happily say on the record now: I do not want to be in a no-deal position and that is the reason that I voted for a deal. I hope that the Welsh food producers that she referred to also supported the Prime Minister’s deal, and I hope that she will explain to them why she refused to support it.

[Liz Saville Roberts]

To lose one Wales Office Minister may be regarded as a misfortune, but to lose four in little over a year looks like carelessness. Something must make their positions untenable, intolerable, dispensable, toxic. When will the Secretary of State admit that his office has also become dispensable and too toxic to serve the interests of Wales? When will he do the right thing and resign?

[Alun Cairns]

I do not think that a month passes without the right hon. Lady calling for me to take such action. However, it gives me an opportunity to thank my hon. Friend the Member for Selby and Ainsty (Nigel Adams) for his efforts, including his work on the north Wales growth deal, for which the right hon. Lady has shown appreciation in the past. I wish that she would not be so churlish now.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 27th February 2019 Commons Chamber

[Alun Cairns]

My right hon. Friend is absolutely right. Even the Welsh coach, Warren Gatland, said to Eddie Jones that he would never have travelled through Newport at that time of day because of the congestion in the area. That might be light-hearted, but the reality is that the problem is causing serious reputational damage to Wales. The plan is available and makes a positive recommendation, and the money is available from the Treasury. I wish that the Welsh Government would just get on and deliver the road.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I am sure the House will join me in welcoming the serendipity of the alignment of stars whereby in every year ending in “9” since 1949, Wales has beaten England.

Wylfa Newydd was a key development underpinning north Wales growth deal projects. Now that Hitachi has pulled the plug on Wylfa, what is the Secretary of State doing to secure additional funding, specifically infrastructure investment, over and above the £120 million currently committed by the Government?

[Alun Cairns]

The hon. Lady has asked an important question, but Hitachi has paused the project and is maintaining the development consent order. It has not pulled the plug. When I met the chairman last week, he was keen to continue to engage. We will look open-mindedly at the north Wales growth deal, but it is of course a matter for local authorities and businesses to submit bids to me so that I can consider them in due course.

[Liz Saville Roberts]

What assessment has the Secretary of State made of the potential use of Crown Estates revenue income from Wales, or other Treasury funds to support the development of energy infrastructure, and specifically to develop the tidal stream energy sector in Pembrokeshire, Llŷn and Ynys Cybi?

[Alun Cairns]

The hon. Lady has given some excellent examples of projects that could well gain support through the north or the mid Wales growth deal or the Swansea city deal. Those are the sorts of projects that I should like to explore, but of course they are bottom up. Working with the hon. Lady and with local partners, I shall be happy to see what we can do.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 24th October 2018 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Plaid Cymru’s North Wales police and crime commissioner has long warned that, post Brexit, criminals will use the common travel area to gain access to the UK. This warning has been reaffirmed today in a National Audit Office report. Will the Secretary of State tell me what provision he is making personally to protect Wales from becoming both the highway and the victim of international organised crime?

[Alun Cairns]

I am grateful to the hon. Lady for the question, but I am not sure where Brexit is linked with this. Clearly, there is freedom of movement across the European Union and the common travel area—those positions will still be in place, particularly in relation to the common travel area. I do not think that this is about where the children originate from, because, clearly, there are Welsh children being sited appropriately in England as well. We have to have as an overriding factor the most appropriate setting and it is important that the authorities co-operate wherever the regulations come from.

[Liz Saville Roberts]

It is no secret that the Secretary of State does not speak as Wales’s voice in Westminster on Brexit. He has, in fact, poured scorn on the efforts of others who seek to make representations for Wales in Brussels. He may be aware that, together with other sensible Opposition leaders in this place, I am meeting Michel Barnier tomorrow, and I will do my duty to represent my country. Does he have any Wales-specific priorities that he would like me to raise with the EU Brexit negotiator-in-chief, or would that be against England’s interest?

[Mr Speaker]

In relation to private sector care homes?

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 18th July 2018 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Given the impact of Brexit uncertainty on the Welsh rural economy, the Minister will surely agree that technology and science opportunities must be seized. What is he doing to ensure that Snowdonia Aerospace at Llanbedr becomes the UK’s first horizontal-launch spaceport?

[Alun Cairns]

The hon. Lady is absolutely right. Llanbedr offers great opportunities. The Secretary of State for Business, Energy and Industrial Strategy and I have spoken on a number of occasions about this, and I hope that the hon. Lady will welcome the statement that was made last week and the additional money that is being made available to exploit the opportunities in Llanbedr. I am excited by this prospect, and we will put the hon. Lady’s constituency at the forefront of space technology.

[Mr Speaker]

Let us hear more about the horizontal port situation.

[Liz Saville Roberts]

I will say more about the situation of the rural economy, given that the former Wales Office Minister, the hon. Member for Aberconwy (Guto Bebb), stood down this week to oppose the Brexiteers’ wrecking amendments. At next week’s Royal Welsh show, will the Secretary of State announce his resignation in protest at the Government’s policy of wrecking Welsh livestock farming?

[Alun Cairns]

First, I pay tribute to my hon. Friend the Member for Aberconwy (Guto Bebb) for his excellent work at the Ministry of Defence in supporting the defence services across the whole UK, as well as his role in looking after agriculture as a Wales Office Minister. The hon. Lady will be well aware that the Chequers agreement provides a frictionless trading opportunity for Welsh farmers that will allow them to continue to sell Welsh beef and lamb, and other Welsh produce, to the European Union as they do at the moment.

Welsh Affairs

Debate between Alun Cairns and Liz Saville Roberts

Monday 19th March 2018 Commons Chamber

[Alun Cairns]

I would hope that the hon. Lady recognised that we have listened to the Welsh Government and the other devolved Administrations by bringing forward the amendment in the other place. We are still working with the Welsh Government to get to a position of agreement where we can gain a legislative consent motion. That we have a robust relationship is demonstrated by the fact that the First Minister and the Finance Minister, Mark Drakeford, have said that we are very close to a deal, although we are not there yet and further challenges remain.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I understand that one of the 24 areas relates to procurement, but there appears to be no formal way of negotiating on and agreeing how these powers will actually be transferred.

[Alun Cairns]

The hon. Lady raises an important point. As we talk about the 24 areas, we will of course want to apply the Sewel convention. That is the basis on which devolution has worked since the change to the UK constitution back in 1999. We will always want to get there by agreement, but that is the basis on which the Sewel convention works. Whatever legislation there is in the 24 areas of law that we want to use to protect the UK market, we will always seek agreement with the devolved Administrations under that convention. That demonstrates the level of co-operation between the UK Government and the devolved Administrations, and I have already mentioned my positive relationship with the Welsh Government.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 14th March 2018 Commons Chamber

[Alun Cairns]

Protecting the UK market is absolutely a priority for us. The hon. Lady will have food producers in her constituency who want to sell their products in England according to common practices on food labelling. That is an example of the area of policy on which we are seeking to get agreement. We will continue to work hard with the devolved Administrations to get agreement, but only the UK Government can act in the interests of the whole UK, not some politicians in other areas who are seeking to represent a regional dimension only.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Last week, the Secretary of State published a list explicitly outlining which powers Westminster intends either to hoard or to dole out, as it sees fit. This week, he published a set of amendments to clause 11 of the withdrawal Bill, without gaining the agreement of either of the devolved nations. Will he explain how that is anything other than a power grab?

[Alun Cairns]

In the first instance, that list is still subject to discussion, as clearly stated in the headings under the three various sections. I am also pleased to say that the devolved Administrations in Scotland and Wales recognised that we wanted to publish that list and supported our publication of it, while not necessarily recognising the three elements of it. That demonstrates the positive way in which we seek to work with the devolved Administrations to get agreement. It is only the UK Government who can act in the interests of the whole UK.

[Liz Saville Roberts]

Today the Welsh EU continuity Bill will be subject to the first stage of the expedited legislative timetable. If it passes, debates over the power grab will be forced out of this Chamber and into the courts. Will the Secretary of State confirm whether he intends to fight us in the courts?

[Alun Cairns]

As I said in my initial answer, I do not think that the continuity Bill is necessary. The Welsh Government have also said that they would prefer not to pursue it. I genuinely believe that there is enough good will between all Administrations to come to an agreement. After all, if we focus on the needs of businesses and communities, we will achieve a positive outcome. It is when politicians focus on the powers rather than on outcomes that things go wrong.

Autumn Budget as it Relates to Wales (Morning sitting)

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 7th February 2018 General Committees

[Alun Cairns]

Rydw i’n falch fod y Foneddiges anrhydeddus wedi gofyn y cwestiwn. Y peth sydd wrth wraidd y cynlluniau twf a’r bargeinion dinesig yw bod y grym yn nwylo’r awdurdodau lleol a busnesau lleol. Felly, rydym yn rhoi cyfle at ei gilydd ac, yn amlwg, yn gobeithio bydd y Foneddiges anrhydeddus yn fodlon cydweithio gyda’r cymunedau a’r busnesau er mwyn eu bod yn cyflawni’r cynlluniau ac i ddod â realiti i’r broses wrth ei bod yn datblygu.

Fel Aelodau Seneddol o bob cwr o Gymru, mae’n bwysig ein bod i gyd yn rhan o’r broses hon. Felly, rwyf yn falch iawn y llwyddodd gymaint ohonoch i ymuno â Swyddfa Cymru cyn y Nadolig i glywed yn uniongyrchol gan ein partneriaid lleol ynglŷn â’u cynnydd yng ngogledd Cymru. Yn amlwg, mae angen mwy o waith i gefnogi’r gwaith da sydd wedi mynd o’i flaen.

(Translation) I am glad that the hon. Lady asked that question. What lies at the heart of the growth and city deals is that the power lies in the hands of local authorities and local businesses, so we are giving them an opportunity to come together. We hope that she is willing to work with communities and businesses to achieve the deals and to make them a reality as they develop.

It is important that Members of Parliament from all parts of Wales are part of the process. I was therefore delighted that so many of the Members present were able to join us before Christmas to hear directly from local partners on the progress that they are making in north Wales. Obviously, we need more work in that regard to support the good work that has taken place already.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Mae angen i’r Ysgrifennydd Gwladol fod yn effro i’r perygl o weithio’n drawsffiniol: y bydd yr ardaloedd tlotaf, sef yr ardaloedd yn y gorllewin, o hyd yn olaf yn y dewisiadau. Rydym wedi cael yr un profiad gyda chysylltedd, lle mae dechrau gyda’r prif drefi yn golygu bod y cymunedau pellaf i ffwrdd yn cael eu anghofio erbyn y diwedd.

(Translation) The Secretary of State must be alive to the dangers of working on a cross-border basis: that the poorest areas—those in the west—will be left behind. That is the same problem we have had with connectivity, which started in the main towns, so the most remote communities were ultimately forgotten.

[Alun Cairns]

Rwyf yn falch iawn fod y cwestiwn yna wedi cael ei ofyn. Rwyf yn deall y peryg ac yn ymwybodol o’r sensitifrwydd. Mae’n rhaid bod y partneriaid lleol yn ymateb i hyn, er mwyn bod setliad gan bawb. Os nad yw pawb yn gytûn, yn amlwg, bydd y bargen dinesig a’r bargen twf ddim yn cael cefnogaeth gen i na’r partneriaid lleol eraill. Mae’n rhaid fod pawb yn gytûn yn y broses. Rwyf yn awyddus i weld busnesau ledled y rhanbarth a thu hwnt yn hybu'r bargeinion hyn, gan adeiladu ar gryfderau'r ardaloedd—pob ardal—gweithio'n drawsffiniol a rhoi hwb i'r economi lleol.

Roedd y Gyllideb hefyd yn cydnabod bod angen gwella ein rhwydwaith rheilffyrdd, gan roi hwb i gysylltiadau a gwella teithiau i gwsmeriaid ar y trenau mwyaf diweddar.

(Translation) I am very glad that that question was asked. Obviously, I understand the risk, and I am aware of the sensitivity that arises. Local partners must respond to that to ensure that the settlement is for everyone, because if everyone is not agreed, obviously the city or growth deal would not be supported, whether by me or by other local partners. Everyone must be agreed on the process. I am keen to see businesses across the region and from further afield driving the deals, building on the strength of the regions—that is all regions, cross-border too—and boosting the local economy.

The Budget also recognised the need to see further improvements to our rail network, boosting connectivity and delivering better journeys on the newest trains.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 13th December 2017 Commons Chamber

[Alun Cairns]

As we leave the European Union, we are determined to deliver as much certainty and continuity as we can. The European Union (Withdrawal) Bill focuses on delivering that, and I am sure that that is really what the Welsh Government want. After all, we should be focusing on the outcomes. This is about providing a framework in which businesses and communities can prosper. This is where politics needs to fit business and community need, rather than that of politicians.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

5. What assessment he has made of the effect on Wales of the outcome of exit negotiations between the UK and the EU.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

14. What assessment he has made of the effect on Wales of the outcome of exit negotiations between the UK and the EU.

[The Secretary of State for Wales (Alun Cairns)]

I have always said that we will negotiate for every nation and region of the United Kingdom, and our goal is to secure a deal that works for all parts of the country.

[Liz Saville Roberts]

Following weeks of chaos, the Government have realised that their original Brexit promises were the stuff of fantasy. They conceded on continuous regulatory alignment with Europe but, hand in hand with Labour, the Westminster Tory Government remain ideologically committed to severing Wales’s membership of the single market and the customs union. Will the Secretary of State tell us how many Welsh jobs his Government are prepared to sacrifice to placate Brexiteers on both sides of the Chamber?

[Alun Cairns]

I am sorry to hear the tone of the hon. Lady’s question. It is almost as though she is disappointed with the Prime Minister’s great success last week in getting an agreement and with the prospect of moving on to phase 2 of the negotiations. I will happily talk about investment and employment opportunities. We are obviously extremely pleased with record low levels of unemployment over recent months. Even since the referendum, we have seen some of the greatest inward investment projects coming into the UK and Wales, and I hope that the hon. Lady will welcome that and support the process.

[Liz Saville Roberts]

I spent some time this morning with the Brexit Secretary’s sectoral analyses. They provide an interesting snapshot, but they do not provide any views about the future. I want to take the Secretary of State back to June 2016, when he said that 100,000 jobs in Wales are

“directly linked to our place in Europe.”

In fact, he also said:

“The economic argument trumps everything else, at the end of the day this is down to the economy, jobs, jobs, jobs.”

Will he indicate whether he stands by his remarks of 18 months ago? Will he tell the House how many jobs in Wales he is prepared to sacrifice and in which sectors?

[Alun Cairns]

It would be interesting to know whether the hon. Lady wants to respect the outcome of the referendum, in which the majority of Wales voted to leave the European Union. Leaving the EU provides new opportunities. We want frictionless trading arrangements and to exploit new markets around the world. Exports to markets outside the European Union are growing much faster than exports to the European Union, and the figure for Wales is above the UK average. I hope that the hon. Lady recognises that businesses are already seeing the opportunities.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 1st November 2017 Commons Chamber

[Mr Speaker]

Order. There are very many private conversations taking place, but I think it is fair to the Secretary of State if we are able to enjoy the product of his lucubrations. He spent a lot of time preparing for this session; it seems a very great sadness if his observations cannot be properly heard. Liz Saville Roberts.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr. A report earlier this year found that foreign direct investment to Wales declined by 44% during the EU referendum year, with what are described as “geographically peripheral” regions lagging even further behind. What will it take for the Secretary of State to admit that the only way to protect jobs and wages is to maintain economic links with the EU by staying in the single market and customs union permanently?

[Alun Cairns]

As I mentioned, last year was another successful year: 85 projects came to Wales, creating 2,500 new jobs. I would also point to the latest export data: exports to the EU were increased by 15%, but exports outside the European Union increased by 20%. That demonstrates the great flexibility of businesses in Wales, keen to explore the new opportunities that exiting the European Union brings.

[Liz Saville Roberts]

For a meaningful vote on the final deal to be exactly that—meaningful—we must not allow Parliament to be threatened with the prospect of condemning the UK to a no-deal scenario, should that final deal prove unsatisfactory. Would it not be more prudently conservative and economically wise of the Government to explore any legal flexibilities surrounding article 50, to appease businesses across Wales and avoid a damaging cliff edge?

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 6th September 2017 Commons Chamber

[Alun Cairns]

I am grateful to my hon. Friend for his question. He is a passionate campaigner for not only the UK and Wales, but the benefits of leaving the European Union. We want a stronger, fairer, more united and outward-looking Union, and Members on both sides of this House have a role to play in that.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

One hundred years ago, y Gadair Ddu—the Black Chair—was posthumously awarded at the Birkenhead Eisteddfod for Hedd Wyn’s awdl “Yr Arwr”. I would like to congratulate the poet’s nephew Gerald Williams and Parc Cenedlaethol Eryri on safeguarding for Wales the family farm, Yr Ysgwrn, which will be opened officially today.

This month also celebrates the referendum 20 years ago that brought devolution to Wales. The European Union (Withdrawal) Bill is a bare-faced Westminster bid to take back control against the will of the people of Wales. Will the Minister tell the House what his Government will do when Wales denies consent to the Bill later this year? Would it not be political folly to press ahead in such circumstances?

[Mr Speaker]

Order. I am most grateful to the hon. Lady. If colleagues could show some sensitivity to time, that would be appreciated.

[Alun Cairns]

I would certainly underline many of the points that the hon. Lady made in relation to Hedd Wyn, whose former home is being opened today.

The hon. Lady will recognise that withdrawal is about creating the smoothest form of exit that we can possibly deliver. My right hon. Friend the First Secretary of State and I met the First Minister earlier this week, and we are keen to deepen our engagement even further. We want the Welsh Government to respond so that we can come up with the sort of frameworks that will work for every part of the United Kingdom.

[Liz Saville Roberts]

The Secretary of State has said in the past that there will be more powers for Wales, but is not his banal rhetoric undermined by the Government’s record of broken promises? The tidal lagoon—no decision; S4C funding—slashed; rail electrification—cancelled. Will he list the powers that Wales can look forward to and say when we will hear what they are?

[Alun Cairns]

I am disappointed by the tone of the hon. Lady’s question. She is well aware of our strong record on devolution. Earlier this year, we passed the Wales Act 2017. Last December, we agreed a new fiscal framework, which gives Wales a very fair settlement, and we are trying to work as closely as possible with the Welsh Government to deliver an exit from the European Union that works for every part of the UK. Wales is obviously my interest in that.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 26th April 2017 Commons Chamber

[Alun Cairns]

My hon. Friend is absolutely right. I can well remember walking recently along the High Street in Prestatyn, where business rates were highlighted as a major concern for some of the small shops. He is right that the setting of business rates is devolved but, of course, in the recent Budget my right hon. Friend the Chancellor enhanced the Welsh settlement significantly as a result of his support for small business rates in England; I hope the Welsh Government will use that money to support small businesses in Wales.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I have been an MP for only two years, but during that short time I have seen two Secretaries of State and five shadow Secretaries of State for Wales fob off my country with crumbs from the Westminster table. Now, the Government are preparing to claw back devolved powers. When will the present incumbent announce a Wales Bill that brings power back to Wales?

[Alun Cairns]

The hon. Lady will appreciate that we have said with the great repeal Bill White Paper that no decisions currently taken by the Welsh Government will be removed from them. We expect that the repatriation of powers from the European Union will extend the Welsh Government’s powers significantly, but there is of course a process to work through in order to provide the stability and certainty that industry needs.

Wales Bill

Debate between Alun Cairns and Liz Saville Roberts

Ping Pong: House of Commons
Tuesday 24th January 2017 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Does not the Secretary of State share my concern that the needs-based factor will be based on sums ascertained in 2009-10, which will be effectively 10 years old when it comes into effect? There should be a review before it starts.

[Alun Cairns]

I am grateful to the hon. Lady for her intervention, and for the scrutiny and interest she has rightly given the Bill, but I hope she recognises the significance of the fiscal framework. The needs-based factor to which she refers is 115%, and the current level is well above that. It will fall to 115% over time, recognising the fair settlement that Wales gets because of its needs. It is significant that that needs-based factor is being introduced into the Wales settlement for the first time. It is something for which the hon. Lady and her party have been calling for some time, but it took a Conservative Government to deliver it.

--- Later in debate ---

[Liz Saville Roberts]

I am sure that the House will join me in wishing the best to my hon. Friend the Member for Carmarthen East and Dinefwr (Jonathan Edwards), who is expecting the imminent arrival of the latest member of his family. [Hon. Members: “Hear, hear.”] I sympathise with all MPs who have to balance family life and parliamentary duty.

I, of course, welcome to an extent the fact that a fiscal framework is on the verge of being in place, giving the Welsh Government a degree of financial accountability that is intrinsic for any functioning democratic Parliament. Judgment is still very much out, however, on whether it can really deliver the economic accountability and levers for growth that are required in this tumultuous time. I therefore want to start with a few brief comments about the framework’s ambition, or lack thereof. I then want to ask the Minister a specific question about how the framework will operate before finally discussing the capital expenditure limit outlined in amendment 9.

Despite finally having this fiscal framework in place, we still lag behind every other devolved Administration in terms of powers and responsibilities. Earlier today—like most days—we were embroiled in the Brexit conundrum and all its unravelling economic implications, but the Government’s insistence on a patchwork approach to devolution means that Wales will not have the real levers for growth that it needs at this most difficult of economic times. If the Conservative party wants to talk about the real opportunities that a single market and customs union exit brings for Wales, it should be looking at the fiscal levers for growth, including VAT, the most important tax for Wales, and how it could be devolved. I hope the Minister will indicate that he plans to review the framework in the light of recent developments to ensure that Wales has such fiscal levers.

I briefly want to touch on a technical point that my party colleague, Adam Price AM, has already raised with the Welsh Government’s Cabinet Finance Secretary. The much trumpeted relative need provision of the fiscal framework—the 115% rule, which is referred to as the Holtham floor—was based on a set of criteria that determined Wales’s relative need in 2009-10. There seem to be no plans to conduct a review of that relative need when the floor is set to be implemented approximately three years from now, meaning that those relative needs will be based on figures that are 10 years out of date. This was discussed briefly in earlier interventions, but the 115% rule surely cannot be set in stone for all time, so I ask the Minister to propose a review to investigate that.

[Alun Cairns]

I am happy to clarify that the fiscal framework agreement, which is supported by the Welsh Government, includes opportunities for periodic reviews.

[Liz Saville Roberts]

I welcome those comments about periodic reviews as opposed to using 10-year-old statistics. I also have some concerns about the framework’s dispute resolution mechanism, but there may not be the time to discuss them here. We may be able to resolve that problem in future discussions.

I want to finish by emphasising the fact that both Governments lack ambition. In the Lords, Plaid Cymru called for a £2 billion capital expenditure limit, which was supported by Labour. However, under pressure from the devo-sceptic Tory party, we can see in amendment 9 that we are left with a capital expenditure limit of exactly half that. Although I am pleased that a fiscal framework is finally in place, I cannot avoid the observation that Wales is once again being short-changed through a lack of vision and ambition.

Wales Bill

Debate between Alun Cairns and Liz Saville Roberts

Monday 12th September 2016 Commons Chamber

[Alun Cairns]

I will come back to the hon. Member, but I want to finish my point.

I would remind Members that the whole debate around a separate legal jurisdiction came as a consequence of the necessity test in the draft Bill. The necessity test has been removed and the consequence could be that that call and demand for a separate jurisdiction should therefore fall. However, it is almost as though it has taken on a life of its own, but I still question the purpose, because I am still trying to find out what difference a separate legal jurisdiction would make for anyone living or working in Wales, other than uncertainty for investors when the reputation of the England and Wales legal system is recognised right around the world.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

But surely the purpose of a distinct legal jurisdiction would be the quality of justice provided in Wales, and at the end of the day this is the only legislature in the world which does not have a jurisdiction. This situation is crying out to be resolved, and if not now, when?

[Alun Cairns]

rose—

Wales Bill

Debate between Alun Cairns and Liz Saville Roberts

Monday 11th July 2016 Commons Chamber

[Liz Saville Roberts]

I appreciate that the right hon. Gentleman has listed a number of tests, but does he agree that, for them to be justifications in a reserved power model, we should see how the reservations apply to each area?

[Alun Cairns]

I will cover those points, but I have sought to underline the importance of the tests because they are so fundamental to the reserved powers model. Of course, the reservations will be equally fundamental. The hon. Lady mentioned a significant number of them. As I make progress, I will cover many of the points she made and invite her to intervene then.

Amendments 118 and 119, tabled by the main Opposition party, and Plaid Cymru’s amendments 148 and 149 seek to broaden the Assembly’s competence significantly by enabling it to legislate in relation to reserved matters so long as the provision is ancillary to a provision on a devolved matter. These amendments would drive a coach and horses through the key principle underpinning the new model, which is a clear boundary between what is devolved and what is reserved. They would give the Assembly the power to make unfettered changes to reserved matters such as the justice system, which we debated in detail last week, provided only that some connection to a devolved provision was established. What is more, they are simply not needed. We want to ensure that the Assembly can enforce its legislation and make it effective. We provide for this in paragraphs 1 and 2 of new schedule 7B by enabling the Assembly to modify the law on reserved matters. This is suitable to ensure that the Assembly’s devolved provisions can be enforced without compromising the principle of reserved matters.

I turn now to the proposed new schedule 7A to the Government of Wales Act, which sets out the reserved matters, referred to in general in the legislation as the “reservations”. These matters must be seen through the prism of the purpose test. A reservation is a succinct description of the subject area covered. It includes reserved authorities carrying out functions relating to that subject and criminal offences relating to that subject.

The general reservations in part 1 of the new schedule reserve the fundamental tenets of the constitution: the Crown, the civil service, defence and the armed forces, the regulation of political parties, and foreign affairs. As a single legal jurisdiction operates in England and Wales, we also reserve matters such as courts and non-devolved tribunals, judges, and civil and criminal proceedings. However, we have made appropriate exceptions to these reservations to enable the Assembly to exercise devolved functions. For example, the Assembly can confer devolved functions on the courts or provide for appeals from devolved tribunals to reserved tribunals.

Amendment 6, tabled by Plaid Cymru, seeks to modify these core reservations by allowing the Assembly to consolidate the constitutional arrangements for Wales. It surely must be a fundamental principle that the UK’s constitutional arrangements, including Parliament’s authority to devolve its own powers, are reserved. We have a constitutional settlement for Wales, the Government of Wales Act 2006 as amended, and amendment 6 is simply not necessary.

Part 2 lists the specific reservations. We want there to be no doubt where the boundary of the Assembly’s legislative competence lies. The list is lengthy because it is quite specific in its reservations and provides exceptions to those reservations. Previously, in the draft, there were some broad headlines, but the current Bill is far more specific, which necessitates further detail on what is included.

Wales Bill

Debate between Alun Cairns and Liz Saville Roberts

Tuesday 14th June 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr iawn, Madam Dirprwy Lefarydd. Am fod yn bowld, fe gymeraf y cyfle i ddweud rhyw frawddeg arall yn Gymraeg. If I was braver, I would probably carry on, but it did seem appropriate to get more than the usual introduction and salutation in Welsh in today on the Floor of the House.

As a relatively new MP, one of the 2015 generation, it seems to me that successive Secretaries of State for Wales are fond of bigging up Wales Bills as “generational milestones”. These landmarks of legislation are intended to stand as rocks of ages, directing the flow of governance with their permanence. I am a new MP, yet already I have seen Wales Bills come and Wales Bills go. Although I am impassioned with the will to empower Wales, I fear that the House must be concerned that this Bill, yet again, is a cypher for the ongoing tussle between Westminster Departments desperate to protect their little empires and the National Assembly for Wales—not the Welsh Government—seeking the tools to do its job.

For a second time, the laudable concept of reserved powers, which was so well explained by my neighbour the hon. Member for Montgomeryshire (Glyn Davies)—the hon. Member for Trefaldwyn—is in a reality little more than a series of glosses scribbled over the Government of Wales Act 2006: a cross-referencing exercise for lawyers and academics, shuffling backwards and forwards among documents. The people of Wales deserve clarity and permanence, whereas this remains an exercise in safeguarding the status quo and legislative sacred cows. The Government make much of lessons learnt from the draft Bill: the necessity tests have almost disappeared; ministerial consents no longer apply to so-called “Wales public bodies”, but they remain none the less; and the previous 267 reservations have been whittled down to 250. This is hardly evidence of a change of heart, although I particularly welcome the devolution of powers of heritage railways, having six in my constituency—very lovely they are, too, and I recommend a visit to any of them.

The Government have still got us jumping through hoops to maintain the fiction of a unified legal jurisdiction of England and Wales, when the very existence of the legislature at the Senedd, the growing body of Welsh legislation and the vast majority voice of civil and professional opinion together, in consensus, prove otherwise. Perhaps talk of distinct legal jurisdiction is the domain of political obsessives—we have heard this already this afternoon—but it is the very fabric of the infrastructure of government. It is boring, in the same way that the infrastructure of a country is boring, and roads and railways are boring—unless we have to travel to get somewhere and be there on time.

Wales is on a journey. Each new piece of constitutional legislation promises to deliver us at our destination, but the road ahead is not yet clear. We have had 17 years of learning to walk, but why are we still to be hobbled when we want to run? The present England and Wales single legal jurisdiction is past its sell-by date; it yokes together two diverging legal landscapes. Acknowledging this reality will remove the problem. Attempting to tie them together with legal shackles only underlines how much this is really about asserting London’s sovereignty over Wales—the last of the home colonies—and how little it is about mutual respect and support among equals.

What we have allegedly gained in the vaunted listening exercise between this Bill and the draft Bill runs the risk of being little more than a sleight of hand and a change of name. Out go necessity tests and in come justice impact assessments and a diktat to Assembly Standing Orders, which impose—as compulsory—something that Westminster treats as optional in its own affairs.

We are told that the protocol for dealing with disputes as a result of these assessments will be determined by the Justice in Wales working group—I am glad to learn of that working group, as it reflects the concern that some of us on the Welsh Affairs Committee had with the draft Wales Bill and that we raised in our report. None the less, it does concern me that there is no mention of these justice impact assessments in the working group’s remit. Indeed, there are concerns all round.

[Alun Cairns]

Does the hon. Lady accept that a justice impact assessment is a sensible thing for any mature legislature to have in relation to the scrutiny of legislation? If she does, what is her objection or question when I say that it is merely a statement of fact that helps with the scrutiny of a Bill, as we have not had justice impact assessments up until now?

[Liz Saville Roberts]

I note first of all that the impact assessments are compulsory in that they would be compulsory in their effect. However, for this Bill, they are not compulsory, but optional. We do not know for sure what results they could trigger. It interests me that they are not in the working group remit, but that they appear in the Bill. We should explore more fully what their impact is likely to be. Yes, at face value, they are to be welcomed, but we need to know more about them. We need to know the mechanism by which we will know more about them, and we need to be sure that that will feed into the process of this Bill.

Indeed, there are concerns all round about the pace of the Bill’s introduction, the need for scrutiny on its workability and how it synchronises with the timetable of the justice working group, which reports in the autumn. I anticipate that the Secretary of State will outline how these material issues co-ordinate, but I am disappointed that we are being asked to vote today on matters about which so many questions remain unanswered.

In passing, I also note further concerns about the working group. I seek a guarantee that the interests of Westminster departmental workings will be secondary to the best interests of Wales with regard to membership, remit and stakeholder evidence. To reiterate, I ask the Secretary of State to assure me that this Bill will not reach its Committee stage until the working group has reported. It would be unacceptable to move ahead in the present state of uncertainty.

I recall that, in discussions on the draft Bill, the sheer unworkability of the foundation principles meant that the reservations themselves did not receive proper attention. That must not happen again. We have had many speeches about the potential of Wales—I applaud the speech of the hon. Member for Newport West (Paul Flynn) who is no longer in his place—and how the Wales Bill should be looking to realise the fantastic future for Wales. We should be optimistic in our anticipations.

In fact, rather than giving the people of Wales more control over their own resources, some aspects of the Bill give the UK Government a greater hold. Clause 44 amends section 114 of the Government of Wales Act 2006—a section that gives the UK Government a veto on any Welsh legislation or measure that has an adverse impact on water quality or supply in England. Incidentally, that section is exclusive to the Welsh devolution settlement. It appears in neither the Scottish nor the Northern Ireland settlements. Rather than removing this section, bringing Wales into line with Scotland and Northern Ireland, clause 44 extends the veto to cover anything that has an adverse impact on sewerage systems in England, too—so we have water and now we have sewerage.

In last October’s debate on the flooding of Capel Celyn, I recall the Secretary of State referring to the joint Government review programme and how it was considering the Silk commission’s recommendation on water. I understand that this group is to report shortly. Perhaps the Secretary of State will be minded to amend the Bill to include a reciprocal power for the Welsh Government to veto UK Government measures that impact on Wales, or perhaps he will see sense and remove clause 44 from the Bill. That will, at long last, right the wrong of Capel Celyn and give Wales full powers over our own water.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 25th May 2016 Commons Chamber

[Alun Cairns]

We of course discuss a range of issues that affect the Welsh economy. A Brexit vote would of course affect the Welsh economy in a negative way, with a £2 billion cost to the Welsh economy, costing 24,000 jobs. As we speak, we are seeing some spectacular employment data, but they are based on strong economic foundations and access to 500 million customers across Europe.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

11. Given that Wales is already underfunded by the Barnett formula and the UK Government, what detailed guarantees can the Secretary of State give that the £245 million actually reaches Wales?

[Alun Cairns]

I do not necessarily recognise the basis of the question. The hon. Lady forgets the historic funding floor, which my right hon. Friend the Chancellor introduced at 115%. That demonstrates the strength of the commitment that this Government are showing to Wales.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 24th February 2016 Commons Chamber

[Alun Cairns]

I am grateful to my hon. Friend for raising this issue. He highlights the fact that the HS2 project is truly a national scheme. The Crewe hub offers significant potential to north Wales and to the northern powerhouse. I recently met the North Wales-Mersey Dee alliance rail taskforce, which also recognises the potential of north Wales for the northern powerhouse and the northern powerhouse for north Wales.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Much is rightly made of trends in employment in Wales, but average full-time workers’ pay in my constituency has dropped by 12% in the past two years. What is the Secretary of State doing to bring infrastructure projects, along with science and technology salaries, to Llanbedr and Trawsfynydd in Dwyfor Meirionnydd?

[Alun Cairns]

The hon. Lady is naturally a true champion not only of her own constituency but the whole of north Wales. She will welcome the significant investment in the prison in Wrexham and the £20 billion investment that Wylfa Newydd will bring. She has also shown interest in the modular nuclear projects at Trawsfynydd. I recently met the leader of Gwynedd Council to discuss the prospects that could result from my right hon. Friend the Chancellor’s announcement in the Budget making £250 million available for this scheme.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 13th January 2016 Commons Chamber

[Alun Cairns]

The hon. Lady took part in that debate and she will recognise the way in which the Minister responded. He said that he was listening to the arguments and that he wanted to engage as positively as he could. I hope that she recognises the spirit in which that was intended.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Last July, the Culture Secretary and the Treasury informed the director-general of the BBC in a letter that S4C’s grant might be cut by the same percentage reduction as the BBC itself and that:

“It will be up to the Government to decide how to make up the shortfall.”

This is therefore not the only Government-driven cut facing S4C. What additional funds will the Government be providing over and above these DMCS cuts?

[Alun Cairns]

As the hon. Lady knows, charter renewal negotiations and discussions are under way at the moment, and I do not want to pre-empt any of the issues that will come out of that. Clearly, there will be a widespread consultation and I hope that she and other Members will engage positively in it.

[Liz Saville Roberts]

I understand, of course, that we are facing the BBC charter consultation, but given the BBC’s response in the current situation there is surely now room for cross-party consensus on Silk II’s recommendation that the funding of the public expenditure element of S4C should be devolved to the National Assembly for Wales.

[Alun Cairns]

I do not accept the basis of the question. During my right hon. Friend the Secretary of State’s discussion that led to the St David’s day agreement, there was not agreement on this issue. We are keen to progress in consensus so that we can take everyone forward. We need to remember that it was a Conservative Government who established S4C, which has been a great success since 1982. I hope that the hon. Lady will share in and recognise that success.

Oral Answers to Questions

Debate between Alun Cairns and Liz Saville Roberts

Wednesday 18th November 2015 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

2. What steps he has taken to ensure access to justice services in Welsh.

[The Parliamentary Under-Secretary of State for Wales (Alun Cairns)]

It was of course a Conservative Government who introduced the Welsh Language Act 1993, which provided for the use of the Welsh language in the courts system. We are committed to remodelling our courts to make them more cost-effective and efficient, and these changes will give due consideration to the needs of Welsh speakers.

[Liz Saville Roberts]

I take this opportunity to extend our sympathies to every nation that has suffered at the hands of IS in recent days, and to express concern at the news of the explosion in south Wales.

I understand that the Ministry of Justice has closed its consultation on the court and tribunal estate in England and Wales, which proposes the closure of 11 courts in Wales, including Dolgellau in my constituency, and that is without undertaking a Welsh language impact assessment, as required by law and under the Welsh language scheme. Will the Secretary of State ensure that a Wales-wide assessment is undertaken and that its recommendations are implemented before any decisions are reached on court closures?

[Mr Speaker]

I thank the hon. Lady, but we are very constrained for time and must move on.

Barnett Floor (Wales)

Debate between Alun Cairns and Liz Saville Roberts

Tuesday 10th November 2015 Westminster Hall

[Alun Cairns]

I will come to that point in a moment, but it is worth remembering that the Command Paper, which was agreed by all parties, was published earlier this year and that committed specifically to acting within the next spending review period. As I said, the Barnett floor and spending commitments for Wales will be published alongside that.

The £300 million spoken about compared with a budget of roughly £15 billion. It is also worth noting that when Holtham reported, there was total identifiable spending in Wales of approximately £29 billion.

A lot has changed since 2010, both financially and politically. A joint statement in 2012 by both Governments recognised the resonance of this issue in Wales. In particular, it recognised the Welsh Government’s concerns that their funding would converge further towards English levels. However, joint work with the Welsh Government at the previous spending review confirmed that funding is not forecast to converge during the period to 2015-16. That refutes the points made by several Opposition Members; that was joint work agreed with the Welsh Government. Furthermore, Holtham’s logic also illustrated that the relative level of funding per head had risen, or diverged to use the technical term, and it is now in the range that the commission regarded as fair.

[Liz Saville Roberts]

None the less, the Minister cannot ignore the 78% of 10,000 people responding to a YouGov poll who said that Wales should be funded to the equivalent level of Scotland, which would bring in an extra £1.2 billion.

[Alun Cairns]

I am grateful to the hon. Lady, but Scotland’s devolution settlement, and therefore its financial settlement, is naturally different. However, I pay tribute to her for her earlier point, when she asked why Labour did not act in its 13 years in government, when there was a greater divergence between the relative funding in Wales and England, and Wales was getting worse off.