Devolution (Scotland Referendum)

David Jones Excerpts

Tuesday 14th October 2014 Commons Chamber

[Mr David Jones (Clwyd West) (Con)]

It is clear that the sound and fury generated by the referendum campaign has still not entirely dissipated. What appears to be coming out of this debate is a general agreement that, although Scotland should not become independent, there should be greater devolution not only for the people of Scotland but for the people of the other parts of the United Kingdom. Yesterday’s Command Paper was a further step along that route. I am sure we all wish Lord Smith well in his endeavours.

Entirely understandably, the outcome of the referendum has generated calls for English votes for English laws. I will come on to that in a moment, but since we have been overlooked thus far in this debate, I would like to mention Wales. The Wales Bill has completed its passage through this House and is now passing through the other place. However, it cannot be said that the Wales Bill is the end of discussions on devolution in Wales. It was always intended to be a modest measure implementing most of the recommendations of part I of the Silk Commission report, as well as making minor changes to such matters as the title of the Welsh Assembly Government.

Last summer, however, the decision of the Supreme Court in the Agricultural Wages Board case made it absolutely clear that the Welsh devolution settlement was, in reality, always unfit for purpose. Unlike the Scottish reserved powers model, the Welsh settlement was a conferred powers model. It was always assumed under that model that unless powers were specifically conferred they were not included in the competence of the Assembly. That, the Supreme Court made absolutely clear, was not in reality the case. My right hon. Friend the Secretary of State for Wales therefore indicated that Wales should move towards a reserved powers model. From the point of view of improving clarity, a change in the model is not necessarily the end of the process. What was defective about the two Government of Wales Acts was not so much the model of devolution, but that there was so much uncertainty about it: the edges were fuzzy. Moving to a reserved powers model will solve the problem identified by the Supreme Court only if there is crystal clarity about what is to be reserved. That is an exercise that has to be carried out with a high degree of precision. Indeed, one of the criticisms made by one of the Silk commissioners in evidence to the Welsh Affairs Committee was that the Government of Wales Act had been a “rushed job”.

[Mr Redwood]

Will my right hon. Friend clarify whether Wales will want to have devolved power to set its own income tax rate when Scotland gets that power?

[Mr Jones]

That matter is already covered by the Wales Bill. It will be a matter for the people of Wales, in a referendum, to decide whether they want such powers. My own view, frankly, is that it is debatable.

More than four years in Gwydyr House taught me that the most problematic aspect of devolution is the cross-border effect. This matter was referred to a little earlier by the right hon. Member for Delyn (Mr Hanson). Take, for example, specialist hospital care. At present, there are disparate health systems in place in England and Wales, which mean that, effectively, Welsh patients are treated less favourably in many respects in the English hospitals where they need treatment. Waiting lists are longer and it is a source of concern to Welsh patients that although they pay their taxes at precisely the same rate as English patients, they wait much longer for treatment. That cannot be right. This is one of the matters that a new Government of Wales Act has to address.

[Wayne David]

A moment ago, the right hon. Gentleman referred to the reserved powers model. Can he explain why the Conservative Government have changed their position very recently on this issue?

--- Later in debate ---

[Mr Jones]

I thought I made that clear a moment ago: it was as a consequence of the judgment in the Agricultural Wages Board case. The right hon. Gentleman may laugh, but he thought as well that, under the conferred powers model, if the powers were not specifically referred to they were actually excluded. That, of course, is not the case, and that is why we need to change the model. More importantly, we need to proceed towards greater clarity, because that is what the present model lacks.

On other aspects of the devolution settlement, we now have an opportunity to address, under a new Government of Wales Act, the issue of transport. Although highways are devolved in Wales—they are the only type of major transport that is devolved—the fact is that the two major Euro routes, the A55 and the M4, are, for European purposes, the responsibility of the member state. However, given that the upkeep of the roads is in the hands of the Welsh Assembly Government, this Parliament has no direct control over the matter, so that needs to be addressed. Furthermore, there is the problem of providers of undevolved services being required, through Welsh legislation under the current settlement, to comply with orders made by the Welsh Assembly Government. That cannot be right either. We must take the opportunity afforded by this discussion, on the devolution settlement in all the constituent parts of the country, and seize the issues that have become all too apparent after 15 years of devolution in Wales.

I wish to touch briefly on English votes for English laws—given the complexity of the devolution settlements in this country, that usually means English and Welsh votes for English and Welsh laws. I absolutely agree that such arrangements should be put in place. It is wholly wrong that Members of this House representing parts of the country to which the relevant legislative competence has been devolved can exert their influence in areas where it has not been devolved and on issues that affect England or England and Wales only—that goes as much for Welsh MPs as for Scottish Members—subject to the major proviso that the subject of the vote relates wholly to England and Wales.

The difference between Wales and Scotland is that Wales has a highly populated, porous border—some 50% of the population of Wales lives within 25 miles of the border. If someone needs hospital treatment and happens to live in Flint, they will go to the Countess of Chester hospital. If, in my constituency, someone needs cancer care, they will go to Clatterbridge. If they need neurosurgery, they will go to the Walton centre in Liverpool. These are fuzzy edges and they highlight that the problems of cross-border care were never properly addressed in the original devolution settlement. We now have an opportunity, under the arrangements to be put in place, to put that right and to ensure that the people of Wales get the care they need. It is important, however, that it not be a crude system that precludes Welsh MPs from voting on issues that are properly their concern.

The Scottish referendum has triggered a huge debate across the country. For my own part and from a Welsh point of view, I want to ensure that the people of Wales are properly served, as indeed are the people of the rest of this United Kingdom.