Government of Wales (Devolved Powers) Bill [HL]

Baroness Humphreys Excerpts

2nd reading
Friday 28th October 2022 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I thank the noble Lord, Lord Wigley, for presenting this Bill. These Liberal Democrat Benches extend a warm welcome to it and its contents. In essence, this Bill seeks to protect the powers of the Senedd, ensuring that the powers conferred on it by previous Government of Wales Acts cannot be amended or withdrawn without following either the consent procedure outlined in Clause 2 or the dispute process outlined in its Clause 3.

Why do we need such a Bill? Here is a list to begin with, a list provided by the Commons Library, which says it all: the European Union (Withdrawal) Bill, the European Union (Withdrawal Agreement) Bill, the European Union (Future Relationship) Bill, the United Kingdom Internal Market Bill, the Subsidy Control Bill and the Professional Qualifications Bill. These were all Bills for which the Scottish and Welsh Parliaments withheld legislative consent, indicating that they believe that the UK Government are challenging or usurping the powers of the devolved Parliaments.

All this has not gone unnoticed by the people of Wales. It is partly responsible for the rise in popularity of the YesCymru movement—a movement designed to inform the indy-curious, those who want to know more about independence. We have seen an increasing overreach of the UK Government into areas that are absolutely devolved, and the volume of LCMs the Senedd has considered over the last 12 months has put huge pressure on the Senedd and the Welsh Government’s capacity. The Senedd has only 60 Members at present and a small Civil Service to carry out the functions of both the Commons and the Lords, and with which to protect the powers it jealously guards. This is no easy task.

The consent procedure outlined in Clause 2 has merit. It prevents a Minister of the Crown introducing a Bill modifying the powers of the Senedd to Parliament unless it has been approved by a two-thirds majority of all Senedd Members. This would be a strong indication of the consent and approval of the Senedd and its Members. It could be argued that it would provide a mandate from elected representatives in Wales.

It is clear, however, that the UK Government do not have a mandate from the Welsh people to undermine the powers of the Senedd. The Welsh people have voted in favour of creating and extending the powers of the Senedd in two referenda—the last time in 2011, when 63.4% voted in favour of greater powers. Wales also consistently and overwhelmingly votes for pro-devolution parties, as it did in the local government elections earlier this year. It is also clear that consent is the foundation of trust in the political system, and the UK Government erode trust in our political system whenever they decide to undermine the will of the Welsh people against their consent.

From a Liberal Democrat perspective, this Bill is eminently sensible and there is nothing controversial about it. In a federal system, safeguards such as these would be enshrined in the constitution. My party has always been in favour of a federal UK, where the different nations have responsibility for their own affairs while working together on common issues. We recognise that, for even a federal system to work, a federal Government should not be able to remove the powers of devolved nations on a whim or to bind the union together, as our present settlement allows. I am very much in favour of the provisions in the Bill and, together with my noble friends on these Benches, will give it my support.