20 Elfyn Llwyd debates involving the Wales Office

Welsh Affairs

Elfyn Llwyd Excerpts
Thursday 5th March 2015

(9 years, 8 months ago)

Commons Chamber
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Glyn Davies Portrait Glyn Davies (Montgomeryshire) (Con)
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I beg to move,

That this House has considered Welsh affairs.

It is almost five years since I was elected Member of Parliament for Montgomeryshire. I wish to take this opportunity to say what a huge pleasure it has been for me to serve the constituency in which I have always lived. It is a great honour for me to open this debate today.

I am very grateful to the Backbench Business Committee for allowing a St David’s day debate, even if it is four days late. I hope our patron saint will forgive us for that. The normal business schedule of the House, which usually timetables such debates on Thursdays, means that we can hit the right date only once every seven years.

The general nature of this debate allows us to speak about a wide range of issues that impact Wales, and I am sure that Members will speak about many different things. I wish to begin by making a few introductory comments before turning briefly to the economic well-being of rural Wales. I shall end with some initial thoughts on the Command Paper, which was issued by the Secretary of State last week in response to the Silk commission recommendations.

In preparation for this debate, I have researched a little of the history of St David. It seems that he travelled widely before settling down in Pembrokeshire, which is one of the most beautiful parts of Britain. If he had been alive during the eight years that I represented mid and west Wales as an Assembly Member, he would have been one of my constituents, so I feel a special connection with him.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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He probably would not have voted for you.

Glyn Davies Portrait Glyn Davies
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Indeed. St David did many wonderful and awe-inspiring things in his long life, including preaching with such passion and fervour at Llanddewi Brefi that the earth rose up around him to form a hill. The most amusing reflection on that stunning achievement was made by the late great Dr John Davies, who said that he could not

“conceive of a miracle more superfluous than the creation of a new hill at Llanddewi Brefi.”

That is a good reflection on Dr John Davies as well as on St David. But It was an impressive trick none the less.

Holding a Welsh affairs debate on or near St David’s day is not an old tradition of this House. I discovered that while I was reading through the speeches of those who had previously opened what is now the annual Welsh debate. I was hoping that one of my great political heroes, David Lloyd George, had opened a Welsh debate at some stage so that I could say I was following in the great man’s footsteps. However, the first Welsh debate was not held until 1944 by which time the great man had retired from the House. None the less, the first Welsh debate was opened by a Lloyd George—it was Dame Megan Lloyd George, the great man’s daughter, who represented Ynys Môn before the rise to power of Cledwyn Hughes and, indeed, that of the current excellent Member of Parliament for Ynys Môn.

That leads me to the second part of my speech, which is the economic temperature of mid-Wales, specifically of my constituency of Montgomeryshire. Reading Dame Megan Lloyd George's speech in 1944, it struck me how little has changed in 70 years. In 1944, Dame Megan spoke of a crisis in the dairy industry, a focus on south Wales at the expense of other parts of Wales, and an almost total absence of concern for mid-Wales. I could so easily have spoken about those same issues today.

One memorable line from Lady Megan’s speech caught my eye. Sometimes I am not sure whether some of our colleagues representing English constituencies fully understand how we Welsh function. Lady Megan understood that very well. She said:

“No Englishman can understand the Welsh. However much he may try, and however sympathetic he may feel, he cannot get inside the skin and bones of a Welshman unless he be born again.”—[Official Report, 17 October 1944; Vol. 403, c. 2237.]

I hope that that explains some of the ways in which we Welsh behave in this House.

In 1944, my constituency of Montgomeryshire was in serious long-term decline. The population had dropped from more than 50,000 to 36,000 and was falling like a stone. There were very few employment opportunities for ambitious young people, who were forced to leave the area in search of work. Regional policy had not been yet introduced to rural Wales. It was 20 years later that such policies were introduced by a Labour Government and they continued under successive Conservative Secretaries of State.

Montgomeryshire has now been transformed. Today it is a genuine success story, with thriving businesses and the lowest unemployment in Wales: only around 500 people are registered as unemployed. The population of Montgomeryshire is now 63,000 and rising. It is not just that new businesses have moved in, but that much of the area has been built up by local entrepreneurs. Coincidentally, I visited some entrepreneurs last Friday. Members may have seen the yellow Alun T. Jones lorries around Wales. I knew Alun when we were teenagers. He has grown to be the Eddie Stobart of Wales, employing very large numbers of people. I then went to the impressive mid-Wales airport, which was established by the late Bob Jones who was tragically killed in an air accident, and is now run by his wife Linda. It is entirely a private sector company. Again, I knew Bob when we were teenagers.

I then went to a water bottling plant, which is run by Paul Delves in Churchstoke, where another 70 are employed. He is another local lad who has done well, and I could list dozens more. Over the past five years, the level of confidence in Montgomeryshire business has grown hugely, built on the stability and sound economic policies of the Conservative Government. Of course there is more to do. We want to restore the economy to where we want it to be, but none of the businesses wants to risk a return to more public spending and more public debt.

Finally, I wish to mention the Command Paper, which was published by my right hon. Friend the Secretary of State last week. It outlines a St David's day package of changes to the devolution settlement between the UK Parliament and the National Assembly for Wales. Its publication was a very significant constitutional event for Wales, and represented a major step forward in the process of Welsh devolution. It is too early for any of us to have made a full assessment of the detail of the package, which will have to await the Wales Bill in the next Parliament.

At this stage, there are just four issues I wish to mention. First, I greatly welcome what I consider to be the most important proposal in the Command Paper, which is the move to a reserved powers model of Welsh devolution. It is sensible that everything should be considered devolved, unless it is specifically reserved to Westminster. Soon after I was elected to the National Assembly for Wales in 1999, I realised that the reserved powers model was needed to give clarity and greater stability to the devolution settlement. There may well continue to be occasions when a Supreme Court is needed to establish a competence, but under a reserved powers model it would be far less likely. That is the most important change included in the St David's day package, and I hope that we can deliver it in the next Parliament.

The second important issue is the devolution of income tax powers, and here I fear I take a very different view from many other MPs, particularly those on the Labour Benches. I see the proposals as a complete package, which includes the responsibility of levying a significant proportion of income tax in Wales. I have spoken on that issue several times before in this House. I feel so strongly about it that I do not believe we should devolve one iota more power to the Welsh Government until income tax powers are devolved. I accept that any new Wales Bill will have in it a commitment to a referendum on the issue before it becomes a reality, but for the life of me I cannot understand why.

If returned as a Member of Parliament on 8 May, I shall table an amendment to any future Wales Bill to remove the need for a referendum, and I expect to be supported by Members of every party in this House except Labour, which is desperate to avoid any fiscal accountability to the people of Wales. The Welsh Government simply want to carry on claiming credit for what voters like and blaming Westminster for what the voters do not like, avoiding any tough decisions and preferring comfortable impotence to facing up to the tough decisions that Governments must take. How can it be thought right to refer to the Welsh Assembly as a Welsh Parliament, as we all want, while clinging to a position that means it is in reality not a great deal more than a spending body?

Another proposal I greatly welcome is the commitment to a Barnett floor. We know that Wales has been underfunded through public spending granted through the block grant for decades, but changes to public spending by the coalition Government mean that underfunding has fallen to a virtually insignificant level. The Secretary of State has pulled off a historic victory for Wales by securing agreement to retain the current level of comparative spending as a floor below which UK Government support to Wales via the block grant will not fall no matter what changes to public spending are made in future. It is a huge win for Wales, and every party in this House should welcome it.

When a devolution of income tax powers was first proposed, the First Minister of Wales said that should not happen until the lockstep was removed. It has been removed. Then there was the Barnett deficit, but that has been removed as well. Now it is something else, and then it will be something else again. The truth is that Welsh Labour hates the thought of being financially accountable to the people of Wales.

Elfyn Llwyd Portrait Mr Llwyd
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I partially agree with the hon. Gentleman about the Barnett floor, but there is one other glaring omission: there is no discussion about taking fair funding for Wales forward. That is a big mistake and should have been considered within the purview of this Command Paper.

Glyn Davies Portrait Glyn Davies
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The right hon. Gentleman is a man for whom I have huge respect as a Member of this House. He is retiring, so may I wish him well in the future and say that he has made a wonderful contribution to this House?

This is an area on which I am a bit unsure. To my mind, the win we have tackles that problem. We have virtually eliminated the deficit and if that becomes the Barnett floor, funding can rise but cannot fall below it. That is an absolutely fantastic win, and I would be surprised if the Secretary of State did not go in to a little more detail about it in his speech.

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Lord Murphy of Torfaen Portrait Paul Murphy (Torfaen) (Lab)
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I remind the House that this used to be called the St David’s day debate. This is not St David’s day, but the feast day of St Caron of Tregaron, a third century Cardiganshire saint. I hope that we can remember him during the course of the day. I do not know whether this will be my last speech in this Chamber, but it might be. It will certainly be my last speech in a Welsh day debate.

The hon. Member for Montgomeryshire (Glyn Davies) mentioned the first time that the House met to consider Welsh affairs in this format in 1944. I cannot remember that, as old as I am, nor can I remember Lady Megan Lloyd George in the House, although I remember her. However, I remember my first contribution to a debate on Welsh affairs 27 years ago, from the Opposition Benches. Peter Walker was the Secretary of State and the late Alan Williams, whose life we have commemorated and celebrated this week, was the shadow Secretary of State. When I looked at the speeches that I and others made on that occasion, I could see that things have not changed all that much. We had a Conservative Government with Mrs Thatcher as the Prime Minister and the burning issue was the poll tax. Today, of course, we have the right hon. Member for Witney (Mr Cameron) as Prime Minister and in the valleys of south Wales and elsewhere we have the bedroom tax as the poll tax mark 2, something that will undoubtedly be a major issue in the weeks and months ahead and in the general election.

I was interested in the points that the hon. Member for Montgomeryshire made about accountability and fairness and about the need not to blame Westminster all the time for the ills that confront Wales. Let us remember that when we were debating Welsh matters 27 years ago, there was no Welsh Assembly. There was a Welsh Office and the Secretary of State was a Member of the British Cabinet. In 1987, the amount of money being taken away from Welsh local authorities was significant, and that has not changed either. Many local authorities in Wales are setting their budgets this week. Mine in Torfaen set its budget yesterday; the very able Councillor Anthony Hunt presented the budget to the local authority. He said that he had to see a reduction of £6 million this year from my local authority’s budget on top of £6 million last year and probably another £6 million next year. The Government have reduced the amount of money given to the Welsh Government, so £1.5 billion has been cut from the Welsh budget. Cuts are being pushed from one tier of government to another, so ultimately the local council has to implement the decisions that result from that. Those cuts have come indirectly from Whitehall to Cardiff, whereas 27 years ago it was a more direct route, but the effect is exactly the same. Local authorities today and then face enormous difficulties in dealing with them.

I want to turn the attention of the House to the nature of Welsh matters in this Parliament after the general election of 7 May. My hon. Friend the Member for Ynys Môn (Albert Owen) and the hon. Member for Montgomeryshire did well to go to the Backbench Business Committee and secure this important debate, but I regret that they had to. It is not as well attended as it would normally be, for obvious reasons; we face a general election in some weeks time. The Welsh day debate was set up in 1944 to ensure that there was a forum here in the House of Commons not just for Welsh MPs to discuss here in Westminster what matters in Wales, but for every Member who wished to do so take part.

Elfyn Llwyd Portrait Mr Llwyd
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I agree with what the right hon. Gentleman says. He will recall that a couple of years ago he and I applied for such a debate and were eventually successful. The point that he makes is correct. Everyone should be able to participate in the debate, not just Welsh Members. It is important that that should be so.

Lord Murphy of Torfaen Portrait Paul Murphy
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As an aside, I add my tribute to my right hon. Friend. He is leaving, like me. We have been good friends for a long time, and we have attended these debates in the House over many years. It is important that we retain the Welsh day debate, the Welsh Grand Committee and the Select Committee on Welsh Affairs, chaired very ably by my neighbour the hon. Member for Monmouth (David T. C. Davies). It is important that we retain the position of Secretary of State for Wales, to be held either by my hon. Friend the Member for Pontypridd (Owen Smith) or by the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), the current Secretary of State, after the election. I have nothing against the current Secretary of State—he is a fine man—but I hope that the positions are reversed, for obvious reasons.

If we do not ensure that the institutions affecting Wales are retained here in the United Kingdom Parliament, we will affect the way in which our country, by which I mean the United Kingdom, goes forward constitutionally in the decades ahead. We have already seen an enormous change in the political landscape, not simply because we have had devolution for 15 years or so in Wales, Scotland and Northern Ireland. The changes have been beneficial to the people of Wales and undoubtedly, as a consequence of the Command Paper, that will continue. However, we face even greater seismic change.

The Scottish referendum was won—ish—by we who opposed separation for Scotland, but in a sense it was a pyrrhic victory. I do not know what is going to happen—obviously, no one does—after 7 May, but an earthquake may well occur in Scotland if the Scottish National party gains the number of seats that pollsters and Lord Ashcroft have predicted only today. They suggest that almost every seat in Scotland will be represented by the SNP. I do not think that that will be the case—I certainly hope that it is not—but clearly a big change is happening. We have to reflect on all the changes and how they impact on this place.

I think that the Prime Minister made a fundamental mistake the day after the referendum by referring to the issue of English votes and English laws. I am not saying that there is not an issue; the so-called West Lothian question has been an issue for every year that I have been in this place. It has to be resolved, but in a consensual manner. The impression that was given in Scotland, and indeed beyond, the day after the result of the referendum was, “Okay, you voted to stay in the United Kingdom, and now we are going to take away the powers of Scottish Members of Parliament.” That was a grave error, not in terms of the constitutional question—we have to resolve that one way or the other—but presentationally. It meant that those of us who wanted the Union to continue, especially in Scotland, were put in a difficult position. We were told that, despite the so-called victory for those who wanted the Union, they would have to be denigrated as Members of this House.

So when everyone except a few of us is returned to this House of Commons from Wales, we will have to reflect seriously on the responsibility and role of Welsh Members of Parliament as Members of a United Kingdom Parliament. I am a British Member of the United Kingdom Parliament who happens to represent a Welsh constituency. Everything that I do can be done by any other Member, whether they represent Scotland, Northern Ireland or England. That in my view should be the case. We may be able to change the methods by which the House of Commons works in order to deal with the West Lothian question, but essentially we are all the same in this place.

I have done a bit of research on other countries, and I can find no country in Europe or beyond that makes a distinction between Members of the federal Parliaments and their national Parliaments in what they can or cannot do. Therefore, although many English Members are aggrieved, their grievance cannot go to the extent that it undermines the fundamental nature of the United Kingdom and this Parliament. It would be a grave mistake if we went down that particular line.

I have had the great privilege of doing the job of Secretary of State for Wales on two occasions under two Prime Ministers, and I believe that there is a job to be done by whoever holds that office, from whatever party. I am not speaking in a partisan way. In fact, those hon. Members who have known me for some years will realise that that is not my style. Often in the House most of us agree on most things—not always; that is the nature of politics, and nor should it be.

On this matter we should agree. If we did away with the territorial Secretaries of State, the link between the devolved countries and Westminster and Whitehall would disappear. The role of the Wales Secretary is to represent Wales in the Cabinet and to represent the Government in Wales. We would be foolish to do away with that vital link between two Governments and two Parliaments. I can quote dozens of occasions when journalists here in London who do not understand the nature of devolution said, “Let’s put them all together. Let’s do away with the Secretaries of State.” Indeed, many Members of this House believed in that, too, not understanding the very nature of the job. No one is going to take much notice of me, but I make a plea to whoever becomes the Government and the Prime Minister to retain the territorial Secretaries of State. If we do not, it will be another nail in the coffin of the Union, which is so important for all of us as Members of this British Parliament.

I have had the great privilege of representing my constituency for nearly three decades. I have represented the good people of the eastern valley of Gwent. I hope that whoever succeeds me will have the same duties, responsibilities, privileges and rights. I have been the Member for Torfaen, but also a Member of Parliament of this United Kingdom like any other Member. If we do not maintain that, not only the House but our Union will be in danger.

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Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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I congratulate the hon. Members for Ynys Môn (Albert Owen) and for Montgomeryshire (Glyn Davies), who were instrumental in bringing this debate to the Floor of the House, and I am grateful to the Backbench Business Committee for granting permission for it.

Ultimately, however, I believe that it is a great shame, as was said by the right hon. Member for Torfaen (Paul Murphy), that the Government have not ensured there is always a St David’s day debate in the calendar. That is especially true this year, given the St David’s day announcement last week, to which I shall turn later. It is right and proper that the Government Command Paper should be debated on the Floor of the House, as it is that Welsh Members should get to debate Welsh matters on or as near as possible to St David’s day each year. It is to the Government’s great shame that such debates have not been secured. By making this plea, I once more hope that somebody somewhere will listen and we can revert to the ordinary processes that used to take place.

I shall talk about the Command Paper, the so-called St David’s day agreement, in greater detail in a moment. Suffice it to say at this stage that the proposals will still leave Welsh devolution far behind that in Scotland and Northern Ireland. The announcement on funding public services still leaves Wales considerably worse off, to the tune of about £1.2 billion per annum, compared with Scotland.

If I may, I will say a brief word about the discussions that led up to the Command Paper. It is almost an open secret that the main obstruction to any meaningful progress during the discussions was, unfortunately, the London Labour leadership, which it seems to me was often at loggerheads with its Cardiff Bay counterpart. In the end, it is the Westminster wing of the Labour party that has the final say over its colleagues in Cardiff, a point which the electorate will do well to heed on 7 May.

Owen Smith Portrait Owen Smith
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I pay tribute to the right hon. Gentleman for his long and excellent service in this House. He sat alongside me in several of the meetings, so he knows that what he has just said is simply not consonant with the facts. Given that the Welsh Labour Government and I, on behalf of the Labour party, have spoken about going further than the current Government on the devolution of the Work programme and policing, what elements of the programme is he suggesting I have blocked?

Elfyn Llwyd Portrait Mr Llwyd
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If the hon. Gentleman wants me to tackle him on this, I shall do so. I will throw one in straight away. He argued strongly and vehemently against the devolution of policing.

Elfyn Llwyd Portrait Mr Llwyd
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Just a moment. The Silk commission very strongly suggested that we should devolve policing. The hon. Gentleman said that there was no call for that in Wales.

Elfyn Llwyd Portrait Mr Llwyd
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Let me finish. If the hon. Gentleman had read the evidence to the Silk commission, he would have seen that four of the forces in Wales were in favour of it, and only one police and crime commissioner—Mr Salmon—said that he was not. All the evidence was in favour and the Silk commission strongly suggested it, but the hon. Gentleman vetoed it.

Owen Smith Portrait Owen Smith
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I am grateful to the right hon. Gentleman for giving way again to let me put the record straight. I hesitate to suggest that he is in any way misinforming the House, but that is not my recollection of the conversations we were involved in. My recollection is that we had misgivings about the immediate devolution of criminal justice, but the fact that I announced a fortnight ago at the Welsh Labour conference that we would devolve aspects of policing to Wales—neighbourhood policing and an all-Wales policing plan—gives the lie to what he has just said.

Elfyn Llwyd Portrait Mr Llwyd
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No, it does not. I saw the hon. Gentleman sitting next to the First Minister who, while we discussed policing, put his head in his hands when he understood that devolution had been vetoed. We discussed that then, and I made a point of referring to what I have just said in the hon. Gentleman’s presence. It is all very well for him to throw in a sprat later on—some minuscule part of policing—just to salve his conscience and get back on speaking terms with the First Minister, but that is not good enough for me, and it is not good enough for anybody else in the Chamber. I have made the point.

Elfyn Llwyd Portrait Mr Llwyd
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I give way for a final time, because I need to get on.

Owen Smith Portrait Owen Smith
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For the third time, and for the avoidance of doubt, the right hon. Gentleman is not representing matters accurately in the House. I am clear that, and the leader of the Labour party announced at our party conference that, we would be devolving an all-Wales policing plan, including statutory power over neighbourhood policing and the structures of policing, to the Welsh Government. That is the fact, and he cannot gainsay it.

Elfyn Llwyd Portrait Mr Llwyd
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Right. Well, I will not go further on that, but the Secretary of State is in the Chamber and he will no doubt make some comments in due course. He was party to those discussions so perhaps his recollection will be useful, to see whether he agrees with me or with the hon. Gentleman. In any event, I will move on.

The Command Paper is not an agreement in the full sense. Obviously, we have all been discussing for some months what should or should not be included in it, and there is a promise to legislate after the election. The proposals would still leave Welsh devolution far behind that in Scotland and Northern Ireland, and despite what the hon. Member for Montgomeryshire said, the announcement of the Barnett floor leaves Wales worse off compared with Scotland. We are unable to celebrate proposals that amount to a row-back on a compromise that already existed in the Silk commission.

Stephen Crabb Portrait The Secretary of State for Wales (Stephen Crabb)
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I am grateful for the incredibly constructive and principle-led way that the right hon. Gentleman engaged in our discussions in the run-up to the St David’s day announcement. He says that the package is not as advanced or radical as he interprets the Scottish package to be, but does he genuinely believe that the people of Wales, given the centre of gravity of Welsh public opinion, want a devolution settlement that is the same as Scotland’s?

Elfyn Llwyd Portrait Mr Llwyd
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I would argue yes, because we need to get away from this pattern of asymmetrical devolution, which is complicated, time-consuming and ends up in references to the Supreme Court and so on. I know the reserved powers model will assist there. Yes, I do believe that. The major problem—I say this quite sincerely—is that we are not hitting on a fair funding formula for the future. The right hon. Gentleman knows that we discussed that issue in Committee and that the Barnett floor is of assistance. He also knows, as I have said before, that it is not the be-all and end-all or the ultimate answer to fair funding for Wales.

Alun Cairns Portrait The Parliamentary Under-Secretary of State for Wales (Alun Cairns)
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When talking about a funding settlement, does the right hon. Gentleman acknowledge that Wales’s current settlement falls within the Holtham recommendation at £116 for every £100 spent in England? His recommendation was a figure between £114 and £117.

Elfyn Llwyd Portrait Mr Llwyd
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My point is that the way the Barnett formula operates in Wales is still unfair in comparison with the amount paid out in Scotland—I am sure my friends in the Scottish National party would hit me over the head if they were here, but I will take advantage of the fact that they are not. It is a difference of £1.2 billion per annum, which is a lot of money. I remind Members that the current process on further powers for Wales began about four years ago. The issue of funding was then outside its remit, which I believe was a mistake, whether deliberate or not. Fair funding for Wales has gone for the time being, and it continues to be a major issue that the commission could have settled or commissioned work on for the future.

We entered these discussions in good faith and attempted to be constructive, as the Secretary of State said. I am not jumping up and down and screaming about the result—there are good things in the Command Paper, which I will refer to in a moment. However, we have missed an opportunity to have all the tools further to develop the economy of Wales, and to give the Welsh people further accountability for and control over the way they run their lives, and over the way money is spent for the economic good of Wales.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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I would like to take the opportunity to wish the right hon. Gentleman all the best for when he leaves this House and to thank him for his service to it. Is not the logic of the position he outlined on Barnett that, since the unfairness exists between Wales and Scotland, his recommendation would be to take money from the Scottish settlement and redistribute it to Wales, rather than take it from the English settlement to achieve the same thing?

Elfyn Llwyd Portrait Mr Llwyd
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No, it is not. The argument I am making is that we should look for a fair funding formula that will stand the test of time, so that we do not have to keep coming back and forth discussing this issue all the time. I do not want to take money from any other constituent part of the UK. It is certainly not my remit to do that, and I would not even argue for it. We have missed an opportunity to address this issue.

The commission recommended a package of powers, which was agreed as a compromise by all four parties in Wales. As I have said, we in Plaid Cymru wanted to see more powers devolved, but we agreed on the commission’s recommendations as a compromise package providing a way forward. As we remember, the Government initially sought to water down the recommendations through their publication of the Wales Bill by adding a lockstep to income tax powers and omitting to devolve short-haul air passenger duty. To the credit of my Plaid Cymru colleagues—and, I would add, of various other Back-Bench Members of all parties—the Government were forced to change tack and ensure that many of the blocks and caveats that limited the powers on offer were ultimately removed from the Bill. Unfortunately, APD is still omitted from the Command Paper, despite its appearance in the original package.

We warned all along that the powers on offer to Wales from the Government would probably be superseded by the events of the Scottish independence referendum. We were proved right. As the campaign was hotting up and the Government were falling over themselves to offer greater powers to Scotland, it immediately became apparent that Wales would be left behind. It was, I am afraid, the Westminster parties that promised devo-max and home rule in something of a blind panic when they thought they might lose the referendum, yet they have subsequently failed truly to deliver what they promised. The people of Scotland will doubtless reflect on that in May—indeed, they already are, if the opinion polls are to be believed.

I note with interest what is happening with the Government’s plans to create a so-called northern powerhouse in England. Significant fiscal powers are set to be devolved to Manchester—dubbed Devo Manc. In that light, the third-rate devolution being offered to Wales is more of a “devo manky”, in a stale and worthless sense, rather than a dynamic and lasting solution to the hunger for greater powers that exists in Wales.

We remain sceptical of the need for a referendum on the technical matter of devolving such a small share of income tax powers. The principle of fiscal devolution has been conceded with the devolution of the minor taxes. We maintain that any referendum should be on a much wider remit of powers or for a much greater share of income tax. Ideally, the parties will include powers for devolution in their manifestos and the next Government will proceed to devolve on that basis.

Some of the things included in the Command Paper are most welcome, particularly control over fracking, devolving port development, increasing power over energy production and the significant step of implementing a reserved powers model. There are several other useful aspects, too, so it would be silly of me to suggest that this was not a useful step forward. Overall, however, it falls short of the powers that I believe could help us to strengthen our communities in Wales. It goes nowhere near getting the funding settlement that I have said Wales is owed after decades of disadvantage.

I am dismayed at the fact that policing is not devolved, given what the Silk commission said about it and the overwhelmingly strong evidence in favour of doing so. Furthermore, Wales is, I think, the only country in the world with its own legislature but without its own judicial system. Putting that right is long overdue. As the Government and the country wrestle with the question of EVEL—English votes for English laws—it brings that issue into still higher and more urgent profile.

It is a matter of common sense, too. I am returning to practising law, and there is a corpus of Welsh laws already: Welsh criminal law, Welsh family law, Welsh environmental law, constitutional and administrative law. The time has come to look at putting together a judicial system for Wales. I am heartened that barristers of all political opinions and none who practise in Cardiff—there are a couple of hundred of them—have come together to form an organisation to campaign on this issue. I am heartened that they see the need for it. It could deliver economic benefits to Wales, as much as anything else. I do not quite understand why the Silk commission said the Welsh Government should speak with the UK Government in eight years’ time to see whether they can do something then. More than two of those years have already gone, and I would argue that the time is now, rather than sitting down over a cup of tea in another six years’ time.

On the Barnett floor—yes, it is a floor and I understand how it works—the Holtham Commission noted in its report:

“politicians (and voters) may well take the view that maintaining relative funding at current levels is inadequate given Wales’s relative needs.”

The commission conceded that a floor under Barnett would lock in underfunding of £400 million a year, but saw its introduction as a short-term measure only to stop the underfunding getting worse at a time when funding was increasing, and therefore convergence was an immediate concern. I know things have changed and that £400 million is no longer anywhere near a correct figure. It is probably nearer £125 million or £135 million at the moment, because of cuts in expenditure and so on. My point is that a floor does not guarantee that the underfunding will not increase in future years if the relative needs of Wales increase. If, for example, the relative funding needs of Wales increased by 2%, the underfunding would increase up to £700 million a year and the floor would provide no protection. The weak negotiating position of the Labour Welsh Government has been exacerbated by their lack of ambition in setting out clearly their demands for fair funding in Wales.

So where does all this leave the people of Wales? I say way behind. Wales is a nation—something I have never ceased to believe in all my years in this place, having the privilege of representing the people of Meirionydd Nant Conwy and, latterly, Dwyfor Meirionydd. Wales is a nation and it deserves to be treated as an equal. Both I and my Plaid Cymru colleagues demand adequate funding for our country. We should be pushing for greater powers for Wales to stand on its own two feet, and for the economy to be developed in a sympathetic, sensible and sustainable way, and we are dismayed that this has happened.

As I look back over all the years I have had in this House, I remember with great pride working towards securing advances in devolution—first, in the devolution big bang at the end of the 1990s—and in securing the advances in powers for the National Assembly since then. I spoke at an awards ceremony in Cardiff city hall a couple of months ago. I opined then, and I continue to hold that opinion, that 99.9% of Members of Parliament are hard-working decent people who are here to make a difference. I am proud to say that over the years I have made friends in all political parties. I pay tribute to the right hon. Member for Torfaen (Paul Murphy). He was an excellent Secretary of State for Wales and for Northern Ireland and a man one could always do business with. It was a pleasure to do so.

I am standing down at the election. I hope Liz Saville-Roberts will be returned as my successor. She is of the highest calibre. She will be a hard-working Member of Parliament: a thoroughly decent, honest and hard-working Member to add to the substantial number we have already. I thank the electors of Dwyfor Meirionnydd and Meirionydd Nant Conwy for the honour of representing them over the past 23 years. I will finish by saying that if I could wind back the clock, I would do it all again.

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Paul Flynn Portrait Paul Flynn
- Hansard - - - Excerpts

Among the improvements we have seen is that there are now Hansard reporters who are proficient in Welsh. We do not have problems now.

I want to talk about the neglect of our history. As a member of the Political and Constitutional Reform Committee, I am bored stiff with Magna Carta. It was significant because it gave some kind of democracy to about 25 barons and their families and took a bit of power away from the King, but to compare it to cyfraith Hywel Dda is nonsense. After Magna Carta, the English were living in the dark ages compared with 10th-century Wales under cyfraith Hywel Dda.

Elfyn Llwyd Portrait Mr Llwyd
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The hon. Gentleman is making a very powerful and interesting case, but Magna Carta did in fact acknowledge that the Welsh laws of the time should stay as a distinct body of law because they were preferable. There are a few lines in Magna Carta about that.

Paul Flynn Portrait Paul Flynn
- Hansard - - - Excerpts

Before I return to that, I want, in relation to Welsh education, to say a word of thanks and tribute to Wyn Roberts. If anyone was responsible for the education in a second language in Wales it was him. I remember him saying in the corridor outside the Chamber, “Rhaid i ni fod yn gadarn! Rhaid i ni wneud safiad!” He was absolutely right. It was very courageous of him, as a Conservative, to have Welsh taught in the constituency of the hon. Member for Monmouth and various other parts of Wales, but it now exists and will continue to do so as a treasure for all the children of Wales, and we can hear it on their lips. If we go back to the time of the Romans in Caerleon, they spoke two languages: intra muros, they spoke Latin; and ultra muros, they spoke in Welsh. We do not hear a lot of children speaking Latin these days, but Welsh is still on the lips of children, which shows something about the vigour and endurance of the language.

Cyfraith Hywel Dda was arranged not by a gang of barons, but by people from each cwmwd or tiny area. Seven people were brought together to pool their wisdom, and what they did was extraordinary. We could have discussed this during the earlier debate on women’s rights.

No country in the whole of Europe was anywhere near as advanced as Wales on women’s rights. There were rights, which were very rare, for divorce. If the marriage had gone on for seven years, the wife was entitled to half the property: she had the sheep, and the husband had the pigs. She also had other rights. If the husband was unfaithful, he had to pay. Punishments throughout Europe at the time involved chopping off various bits of people—heads and arms, and everything else—but Wales was very advanced in that punishments mostly took the form of compensation. To give hon. Members some idea of the compensation, the price of a cat was a penny before its eyes opened, tuppence after its eyes opened and 4p after it had caught a mouse. A husband who was unfaithful to his wife had to pay 5 shillings, and if he did it a second time he had to pay £1, or the equivalent of losing 20 cats—that would dampen the ardour of any would-be adulterer.

Women had better rights than had existed in many countries for 1,000 years. England had 220 laws involving capital punishment in the 18th century, including for chopping down a tree or raiding a rabbit warren, but in 10th-century Wales hardly anything resulted in capital punishment. Regarding itinerants, there was an extraordinary law that if somebody who was poor and starving was refused food at three villages, they were entitled to steal without punishment—eat your heart out, Shelter and Crisis—which was an admission that the problems of the poor were not necessarily their fault.

We know that Cyfraith Hywel Dda was arranged in Hen Dy Gwyn ar Daf, but unfortunately we do not know when. It was a serious venture, because they stocked up with six weeks-worth of bread beforehand. As we are now celebrating the laws of Magna Carta—a significant event, but minor in terms of women’s rights and the progress of society—we need to give a lot of thought to the triumph of Cyfraith Hywel Dda.

Oral Answers to Questions

Elfyn Llwyd Excerpts
Wednesday 4th March 2015

(9 years, 9 months ago)

Commons Chamber
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Alun Cairns Portrait Alun Cairns
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My hon. Friend is absolutely right. Opposition Members talk about some sort of so-called uncertainty, but that so-called uncertainty has given us the fastest-growing economy in the G7 and has made Wales the fastest-growing part of the United Kingdom, which we should be celebrating and marking.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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3. When he last met representatives of the tourism sector in Wales; and if he will make a statement.

Alun Cairns Portrait The Parliamentary Under-Secretary of State for Wales (Alun Cairns)
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Wales Office Ministers regularly meet representatives of the tourism industry in Wales. Wales is a fantastic holiday destination, and this Government will continue to do all they can to promote Wales at home and abroad.

Elfyn Llwyd Portrait Mr Llwyd
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We are indeed fortunate in that people the world over want to visit the wonderful country of Wales—I and, I am sure, the Minister are very proud of the country—but more should be done in terms of tourism and the Welsh economy. What discussions has he or his right hon. Friend the Secretary of State had with colleagues to implement a 5% VAT rate for the tourism sector, which would bring 5,500 extra jobs to Wales?

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

With permission, Mr Speaker, a gaf i dalu teyrnged i’r Aelod gwir anrhydeddus? I would like to pay tribute to the right hon. Gentleman for his service in this House over many years, and for the way in which he has led his party here.

VAT levels for business are of course set by the Treasury. The right hon. Gentleman rightly points to the importance to the Welsh economy of tourism, which makes up almost 15% of the work force. That is why I am delighted that the number of international visits last year increased by 7.5%, or 26,000 visits.

Elfyn Llwyd Portrait Mr Llwyd
- Hansard - -

Diolch i’r Gweinidog am ei eiriau caeredig. I will help Hansard with the spelling later.

In terms of competitive disadvantage, 24 EU states already have a reduced rate of VAT on tourism. In addition, the economic study by Professor Adam Blake, using the Treasury’s own modelling technique, showed that a cut in tourism VAT would increase GDP by £4 billion per annum.

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

A strong tourism sector needs a strong economy. Wales is the fastest-growing part of the United Kingdom, which creates a greater opportunity to attract tourists from not only the UK but beyond. VisitBritain is launching the Countryside is Great campaign, from which I know the right hon. Gentleman’s constituency is set to benefit.

Oral Answers to Questions

Elfyn Llwyd Excerpts
Wednesday 21st January 2015

(9 years, 10 months ago)

Commons Chamber
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Stephen Crabb Portrait Stephen Crabb
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First, I commend the work my hon. Friend does on the dairy sector in Wales; he is a powerful voice on behalf of dairy farmers in his constituency and throughout Wales. We strongly support the work of the Groceries Code Adjudicator. Its jurisdiction is currently limited, but a review will take place next year. I take my hon. Friend’s point about the short-term pressures, so we look forward to receiving information and updates from him on action we can take.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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As a Member representing Pembrokeshire, the Secretary of State will be well aware that the dairy industry in Wales still contributes about 10% to the whole of the UK’s production, but that since 1999 its level has fallen by 51%. Will he look at yesterday’s report by the Select Committee on Environment, Food and Rural Affairs, which says exactly what the hon. Member for Ceredigion (Mr Williams) says: give the adjudicator greater teeth to tackle unfair pricing?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

I thank the right hon. Gentleman for his question, and we are looking exactly at that report. A very severe short-term crisis faces the dairy sector at this time. Nobody pretends that expanding the role of the adjudicator will fix the global problems—big market challenges need to be addressed—but we are doing everything we can to work with the dairy industry and protect the supply base.

Elfyn Llwyd Portrait Mr Llwyd
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On the market challenges that the right hon. Gentleman refers to, what steps is he taking to urge his Government to work with the Welsh Government to implement policies we have suggested—for example, the dairy equivalent of Hybu Cig Cymru to market Welsh milk, the use of rural development funding to develop supply chains to counteract volatility, and procurement in the local Welsh sector?

Stephen Crabb Portrait Stephen Crabb
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The right hon. Gentleman might be surprised to hear that we do follow the policy recommendations of Plaid Cymru and I have looked at the recommendation for that new body. When huge global imbalances are putting such severe pressure on dairy farmers throughout Europe, reaching for a bureaucratic solution and setting up a new quango probably will not make that much difference, but we will look at the proposal in further detail and have that discussion.

Wales Bill

Elfyn Llwyd Excerpts
Wednesday 10th December 2014

(9 years, 11 months ago)

Commons Chamber
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Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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I am following the hon. Gentleman’s argument and thinking about what the Labour spokesman said. When the Silk proposals were being discussed, the First Minister of Wales was adamant he did not want air passenger duty devolved, but suddenly he has woken up and is desperately keen on it. It depends what day of the week we are in.

Glyn Davies Portrait Glyn Davies
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I would be more encouraged if I thought the day of the week was the reason. I think it is a desperate attempt to find one more hurdle to prevent us from moving towards financial accountability.

During the passage of the Bill, I accepted it would include a commitment to a referendum on devolution of income tax levying powers. It was a recommendation of the all-party Silk commission, and in 1997 there was a referendum on this issue in Scotland. In my view, however, the Silk commission was wrong, and weak in its recommendation on this point. Devolving income tax powers is not as big a change as is being made out, and it is entirely appropriate that it be decided at a general election; it does not need a referendum. If a Welsh Labour Government acted irresponsibly, which they might well do, they would quickly be turfed out of office. It is much easier to sit in blissful impotence, complaining.

I would like to see manifesto commitments by my party, the Liberal Democrats and Plaid Cymru to revisit this issue, perhaps in a Wales Bill early next Parliament and before the Assembly elections in 2016, and to devolve income tax. We should put an end to Labour’s easy ride in Wales and make the Welsh Government properly fiscally accountable to the Welsh people. Only then will devolution grow up and reach its inevitable, logical conclusion.

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Geraint Davies Portrait Geraint Davies
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Thank you for that clarification, Madam Deputy Speaker.

The focus of this debate is the differential between the lower and the higher rates—how that moves up and down and squeezes in and out, and what the implications of it are. In terms of the last intervention, the implications are that if that gives rise to great differences between the two rates across the border—or, indeed, across the Scottish or Northern Ireland border—it will generate distortions, not just on the border itself, but in terms of investment decisions, where people choose to live and work, and social security arrangements, whether they are devolved or not. It will extend beyond personal taxation because corporations coming in will bear in mind what they think their workers are going to be paying. As has been mentioned, therefore, corporation tax is part of that broader conversation.

The Government are looking to give corporation tax flexibility for Northern Ireland because Ireland has got it. We could then follow through and say that perhaps Scotland should have it or perhaps somewhere else, and we would end up again with a bidding war downwards where—as I have just mentioned for income tax—the overall corporation tax-take for the UK would go down. At a time when corporations are migrating based on research and development and access to Europe as opposed to corporation tax rates, maybe this is the wrong route to follow, when taken together with income tax.

Elfyn Llwyd Portrait Mr Llwyd
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rose—

Geraint Davies Portrait Geraint Davies
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Please do not draw me on to anything wide of the mark.

Elfyn Llwyd Portrait Mr Llwyd
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I have no intention of drawing the hon. Gentleman wide of the mark. Experience shows that when corporation tax is lowered, it increases the take because of increased inward investment.

Geraint Davies Portrait Geraint Davies
- Hansard - - - Excerpts

That is an interesting point, but it does intrinsically depend on the elasticity of demand. At a time when corporation tax is already the lowest in the G8, I suggest that inward investors are not looking to Britain to lower its corporation tax and making a marginal decision to invest. They are looking at the level of research and development and the prospects of being part of Europe. One issue for inward investors is the uncertainty of a referendum ending up with us as a sort of chip shop England floating out into obscurity with UKIP and the Tories.

In my view, if we cut corporation tax again there will be a net reduction in corporation tax revenues. On the income tax issue, I have an open mind. I am just throwing forward some of the scenarios whereby we can lose out in England and in Wales and making a point, which I ask the Minister to respond to in his summing up. I want to know what analysis has been done of the potential downside to the Exchequer of Wales reducing the top rate of tax and people migrating to Monmouth? What are those numbers and what consideration has he made? My guess is that he has made no consideration, and if so we should not be hurtling ahead in this way.

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

I will be very brief as there is another set of Lords amendments that we need to debate.

We spent most of this debate not debating the specifics of the Lords amendments about the removal of the lockstep. Most of the time has been spent listening to the weight of arguments, largely from Labour Members, against fiscal devolution full-stop. So we end the parliamentary passage of the Wales Bill exactly where we started: with three parties in this Chamber recognising the potential benefits to Wales of devolving a portion of fiscal powers—we are not talking about a full step down the road of full fiscal devolution, but a strong step forward —and one party resolutely digging in, trying to pretend that there is some kind of plot or conspiracy; we have had all those words and that language used before.

Elfyn Llwyd Portrait Mr Llwyd
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Will the right hon. Gentleman give way?

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

I will give way to the right hon. Gentleman, who was rightly recognised last year as the MP of the year.

Elfyn Llwyd Portrait Mr Llwyd
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And I am intervening on a Member of even higher status.

Is it not interesting that the excuse being put forward by those on the Labour Front Bench is that they need to sort out Barnett? For the last 20 years or so I have been arguing about the need to sort out Barnett when the Labour party denied that there was a problem.

Stephen Crabb Portrait Stephen Crabb
- Hansard - - - Excerpts

The right hon. Gentleman is absolutely right. We end the parliamentary passage of the Bill exactly as we began it, with Labour trying to place even more hurdles in the way of devolving a portion of income tax. You would have to be Colin Jackson to clear all the hurdles that the Opposition are trying to set up.

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Chris Ruane Portrait Chris Ruane
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That is as may be.

It is incumbent on us and the National Assembly for Wales to make sure that, if young people aged 16, 17 or 18 are to have the right to vote in the referendum, they have the relevant education, background and knowledge.

Elfyn Llwyd Portrait Mr Llwyd
- Hansard - -

I agree with the hon. Gentleman’s argument. Surely part of our function is to ensure that we have an informed debate, and assisting people as they come to a conclusion about how to vote is part of our function as well, is it not?

Chris Ruane Portrait Chris Ruane
- Hansard - - - Excerpts

I agree entirely, but that should not be left to a short campaign two or three weeks before a referendum; it should be as of right.

I was a teacher for 15 years, admittedly in a primary school rather than a secondary one. We should try to teach these issues at a level that young people will understand. By the age of 18, someone has the right to have a mortgage. We need to make sure that young people are educated, in ways they understand, about mortgage rates, interest rates and student loans.

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Chris Ruane Portrait Chris Ruane
- Hansard - - - Excerpts

I agree entirely. I would prefer it if young people were able to vote in all elections. My hon. Friend the Member for Wrexham (Ian Lucas) said that he was wary of Tories bringing gifts, but I welcome this gift from them to 16 and 17-year-olds, especially as such gifts do not usually come from their party.

The move represents a foot in the door for opening up voting rights to 16 to 18-year-olds in other elections. The small precedent of voting in one referendum has been set. A path has been paved ready, I hope, for when Labour gets in in May, and we can point to this as a precedent and say, “If it’s been done for a referendum, it can be done for all other votes.”

We need to look particularly carefully at the registration of 16 to 18-year-olds, as that will have to start quite early on. Using the precedent that 18-year-olds can be registered to vote at the age of 16, perhaps these young people should be registered at the age of 14. As I said earlier, a golden opportunity comes when a young person’s national insurance number is issued at the age of 15 and three quarters. I have raised this point in parliamentary questions. Currently a young person can be registered at 16. Could not that be taken back three months to 15 and three quarters, when their national insurance number is issued? With the introduction of individual electoral registration, a person’s national insurance number is required when they fill in the registration form. Why not arrange to have that form filled in on the day when the elector gets their national insurance number? That would make eminent sense, and it would also get over the fact that only 55% of 18-year-olds are registered, as I said earlier, and only 44% of them vote. Only 25% of young people take part in the democratic process.

That has consequences for young people as individuals and for the whole of society. Let me give a practical example. One of the first steps the coalition Government took was to increase student loans from £3,000 a year to £9,000 a year, so, for an average student, the total rose from £9,000 to £27,000. Would they have taken such measures against pensioners, whose registration rates are 96% and whose voting rates are 86%? The fact that young people are not registered and voting means that political parties—all political parties—will bear that in mind when they are drawing up their policies. It is important that we have maximum registration from the outset for 16-year-olds who will have the right to vote.

Elfyn Llwyd Portrait Mr Llwyd
- Hansard - -

I agree with the hon. Gentleman. Does he agree that when we come to discuss things economic with young people who may not be highly qualified, it is best to avoid phrases like “post-neo-classical endogenous growth theory”?

Geraint Davies Portrait Geraint Davies
- Hansard - - - Excerpts

That was what I learned in school.

Oral Answers to Questions

Elfyn Llwyd Excerpts
Wednesday 3rd December 2014

(9 years, 12 months ago)

Commons Chamber
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Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

I pay tribute to the hon. Lady for her work in this area in a number of roles in Parliament. The UK Government have pressed authorities in England to be as flexible as possible and have structured their policies around flexibility to enable more people to get into work and to manage their daily lives better. I will happily pursue the matter with the Welsh Government on her behalf.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
- Hansard - -

We have heard about problems in Cardiff, but of course there are problems with good and affordable child care throughout Wales. For example, in rural areas there is sometimes a 200% difference in the cost from one local authority to the next. Will the Minister do his best to ensure that the Welsh Government access funds, if they exist, for that purpose and that there is a proper dialogue on this subject?

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

The right hon. Gentleman makes an important point about the variation in child care costs. Stability has finally come to the marketplace. The Government’s £2,000 tax-free child care account will create greater flexibility, provide more choice to parents and hopefully contribute to driving down costs.

Elfyn Llwyd Portrait Mr Llwyd
- Hansard - -

That is a step forward, but the Minister will be aware that good, affordable child care is key to economic development. He is probably also aware that in the UK we pay far more for child care than most other OECD countries—40.9% of the average wage compared with 18%. In Sweden, by contrast, the figure is 7.1%. Does he think that we have anything to learn from the Nordic countries in that regard?

Alun Cairns Portrait Alun Cairns
- Hansard - - - Excerpts

It is important that we learn from wherever good practice is in place. The greater choice will help to drive down costs, but it is important that we provide the right level of care, and the quality of care is important. I have no doubt that the stronger role that parents have to play in exercising that choice will also drive up the quality of care.

Commission on Devolution in Wales

Elfyn Llwyd Excerpts
Monday 18th November 2013

(11 years ago)

Commons Chamber
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David Jones Portrait Mr Jones
- Hansard - - - Excerpts

Indeed, all parties in the Assembly have welcomed the announcement. The only exceptions appear to be the hon. Ladies and hon. Gentlemen on the Opposition Benches. It is essential that all parties work together in order to get a referendum as quickly as possible, so that Wales can get the tax-raising powers it needs to give it a competitive edge.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
- Hansard - -

May I thank the right hon. Gentleman for advance sight of his statement? I also congratulate all the members of the Silk commission on the very hard and conscientious work they undertook in the past 12 months or so. I think today’s statement is something we can build on; with a little ambition, we can improve the lot of the people of Wales, rather than look for problems with it. I would like to ask one or two brief questions, however. When will the UK Government set out the clear detail on borrowing limits? Will there be separate borrowing powers from those set aside for funding the M4 relief road without the partial devolving of income tax, and will the borrowing deal to fund the M4 relief road contribute towards an overall borrowing limit?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

It is indeed contemplated that further borrowing powers will be conferred on the Assembly Government, although that will depend very much on the income stream that is available to fund that. Certainly, if there were a positive vote in the referendum on income tax, there would be that much more scope. As far as the M4 is concerned, negotiations between the Treasury and the Welsh Government are already well under way to work out the detail of how those powers will be applied.

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Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
- Hansard - - - Excerpts

One solution to the problem raised by Conservative Members from constituencies near the border is to extend the Welsh border eastwards. Ludlow used to be the administrative capital of Wales—[Interruption]as was Oswestry.

Elfyn Llwyd Portrait Mr Llwyd
- Hansard - -

And Chester.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

There are plenty of suggestions. If that is not within the powers of the Secretary of State, perhaps he could consider once again a more flexible approach to the level of bands of income tax under his proposals.

Oral Answers to Questions

Elfyn Llwyd Excerpts
Wednesday 27th June 2012

(12 years, 5 months ago)

Commons Chamber
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David Jones Portrait Mr Jones
- Hansard - - - Excerpts

In Wales, an increasingly onerous planning and building regulations system is developing. Both planning and building regulations are key to the development of new housing and, at a time when England is relaxing that regime, the Welsh Assembly Government are making it more oppressive.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
- Hansard - -

I am rather disappointed that there will be no Welsh Grand Committee on Monday; I do not know whether it is to do with alarm clocks or whatever else. There will be plenty of other opportunities for debating such matters on the Floor of the House in due course and that could have been a good first debate.

The construction industry employs 100,000 people in Wales. Will the Minister please make representations so that renovations are not subject to VAT? The problem is that new build is not subject to it but renovations are, and the vast majority of renovations are carried out by small and medium-sized firms.

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

I hear what the right hon. Gentleman says about the Grand Committee and I agree with him entirely. My information tells me that it is the onerous planning and building regulations regime that is the biggest deterrent to new house building in Wales.

Elfyn Llwyd Portrait Mr Llwyd
- Hansard - -

I understand that the Welsh Government and the Treasury are currently discussing the whole issue of the Barnett formula and the housing revenue account subsidy scheme. That has been done away with in England, and never existed in Scotland or Northern Ireland. It cost Wales £73 million last year—money that could have been put to good use repairing council homes. Will he please further these discussions?

David Jones Portrait Mr Jones
- Hansard - - - Excerpts

The Welsh Assembly Government are doing considerably better in financial terms under this Government than many other spending Departments, and the right hon. Gentleman should take that into account.

Welsh Affairs

Elfyn Llwyd Excerpts
Thursday 1st March 2012

(12 years, 9 months ago)

Commons Chamber
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Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
- Hansard - -

I shall follow that, Mr Deputy Speaker. I suspect the white wine concerned had not been in the hand of the hon. Member for Monmouth (David T. C. Davies) for long enough to get warm.

I was there last night and it was a splendid occasion, but to be honest, colleagues from other parties should have been there. There were very few Labour Members, which may have been a mistake—[Interruption.] I was pleased to be there, but I am just making that point. The right hon. Member for Torfaen (Paul Murphy), an ex-Secretary of State for Wales, was not there, for example. In any event, I do not want to be boorish, and I have obviously bumped myself off next year’s guest list. Mr Deputy Speaker was there—[Hon. Members: “He wasn’t!”] Just to make absolutely sure that I am bumped off the list for next year, I think the St David’s day event could have had something to do with current politics. I hear rumours of a Rabbie Burns fortnight next year.

I congratulate my friend, the right hon. Member for Torfaen, and the hon. Members for Brecon and Radnorshire (Roger Williams) and for Montgomeryshire (Glyn Davies), on their assiduous pursuit of today’s parliamentary time. The St David’s day debate should be in Government time, as it always was prior to the Backbench Business Committee coming into being. I know that there is sympathy on the Committee for the proposal to take a day out of its basket to be allocated by the Government for that purpose. That is entirely appropriate, especially because we are likely to have fewer Welsh Members of Parliament, which was mentioned by my friend, the right hon. Member for Torfaen.

Cheryl Gillan Portrait Mrs Gillan
- Hansard - - - Excerpts

The right hon. Gentleman will know how bitterly disappointed I was last year when I found out that the St David’s day debate had been passed over to the Committee, which refused a debate despite requests from both sides of the House, including Front Benchers, who are of course not allowed to request debates. I am doubly pleased that we have at least a half-day debate today, but I join him in hoping that there is a way of removing that day from the Committee so that there is always a dedicated St David’s day debate. Because of how the House’s business has fallen, there are fewer opportunities to discuss Welsh matters on the Floor of the House. That is why I called a whole day’s debate on the Silk commission, which is so important for Welsh matters. I support the right hon. Gentleman and look forward to getting more details.

Elfyn Llwyd Portrait Mr Llwyd
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I am very grateful to the right hon. Lady for her support. I am sure she is quite sincere. I remember the disappointment we all felt last year that the case was in some way not made for a Welsh day debate. I hope somebody somewhere reads the Hansard of today’s debate. There is sympathy on the Committee, so let us hope that Government Whips take that on board.

The right hon. Member for Torfaen has discussed his concerns about constitutional matters in Wales. He and I agree on many, many things, but it is fair to say that we do not always see eye to eye on constitutional matters, and he would not expect me to say otherwise. I respect his opinion, although we may diverge substantially on where we see the constitution going. However, it is right that we both agreed that the cuts in the number of Welsh seats was inappropriate and went much too far at this time. Frankly, I thought that a number in accordance with the Speaker’s Conference of 1944 would have been appropriate this time around—in other words, 45.

Chris Ruane Portrait Chris Ruane
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Thirty-five.

Elfyn Llwyd Portrait Mr Llwyd
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Yes.

We might have lost five seats, which I think would have been more palatable under the circumstances. In any event, the cuts that we are likely to see are very substantial indeed. For example, although the seat that I currently represent—Dwyfor Meirionnydd—is small in terms of population, it is very large in terms of area. In days gone by, the Boundary Commission took into account cultural and linguistic connections, industrial connections and economic connections. Crucially, it also took into account the fact that Members such as myself, who might represent 45,000 people, would typically have to spend an hour and a half travelling to meet them and an hour and a half to return, whereas some colleagues can traverse their entire constituencies in 10 minutes or less.

The seat that I represent ranges from Llanberis in the north, through Caernarfon and the surrounding villages, the whole of the Llyn peninsula and the whole of Meirionnydd, to half the Conwy valley, from Llanrwst up to Capel Curig, in addition to the Dyfi valley from Machynlleth to Llanbrynmair, leaving me with a constituency that is roughly one fifth of the landmass of Wales. Incidentally, I also have an extra 31,000 constituents. I do not proclaim to be Superman, but I have always gone to my constituents. I do constituency surgeries, and I shall gladly do them all Friday afternoon—tomorrow—every week. I have no problem with that, and I have never taken the view that my constituents should travel to my office in Dolgellau; I travel to them, because I think that is reasonable. Public transport is perhaps not what it should be in some areas of mid-Wales, and I have always taken it upon myself to travel to them, which means going to roughly 30 villages and towns in all. In my respectful submission, the best that anyone will be able to offer in the new constituency will be the 10 main towns. Gone will be the visit to the local village and small town; the 10 main towns will be more than enough to service on that basis. At the end of the day, I am making a plea for our constituents.

The other point that worries me is this. We are always going on about the public’s disengagement from politics. There will be a review of our constituencies every five years. It is entirely possible that the boundaries will change every five years. How does that improve the relationship between the Member of Parliament and the constituents? It certainly does not, and we shall find further, substantial disengagement. People will not feel aligned to a constituency, nor will they necessarily feel any loyalty to it, still less will they bother to find out who is supposed to be representing them.

Chris Ruane Portrait Chris Ruane
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The theory behind redrawing the boundaries is that it equalises the seats. However, there are currently 6 million people unregistered, and if the Government’s proposals go ahead, there will be an additional 10 million people off the register, according to the Electoral Commission. The result will be 16 million of the poorest, most marginalised in society off the register. It is a political coup on the part of the Conservatives.

Elfyn Llwyd Portrait Mr Llwyd
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That, too, is a big issue, and the hon. Gentleman is right: it is a grave concern. The word “gerrymandering”, which was used by hon. Member for Monmouth (David T. C. Davies), comes to mind. Indeed, I was shocked to agree with some of the things he said. [Interruption.] He is not listening, typically; perhaps he might wish to listen now. I actually agree with the hon. Gentleman—[Interruption]—who is now twittering at a rate of knots—about inward investment. I agree with him that we need a Welsh Development Agency-type body, and that we need representation throughout the world. I also agree that not enough is being done. I have not yet read the report, but I shall do so in the coming days.

There was a time when we had the Welsh Development Agency—yes, it had some faults but, by and large, it put Wales on the map—and there was inward investment aplenty; the figures have been quoted already. Crucially, however, we also had the Development Board for Rural Wales, which specialised in dealing with small and medium-sized entities within a defined area of mid-Wales and up into north Wales. The hon. Member for Montgomeryshire (Glyn Davies) chaired that body with great effect, and I say that to his face, even though it will not do his street credibility any good. He used to turn applications round in a matter of days, after going out to see the applicants if necessary. Things worked, and the economy of the areas of north and mid-Wales where the board operated was consequently quite buoyant, at a time when that was not the case elsewhere. People were calling for a similar entity to cover their part of Wales, and they were right to do so, because it was a helpful, useful body. I hope that, at some point, it will be reinstated in some form, following the hon. Member for Monmouth’s remarks.

Roger Williams Portrait Roger Williams (Brecon and Radnorshire) (LD)
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I have no doubt that Wales excelled at inward investment in the past, through the Welsh Development Agency and the Development Board for Rural Wales, but does the right hon. Gentleman agree that it might have done so at the expense of encouraging indigenous growth and entrepreneurship?

--- Later in debate ---
Elfyn Llwyd Portrait Mr Llwyd
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No; quite the opposite. The whole point of the Development Board for Rural Wales was to assist existing businesses as much as to set up new ones. I remember going to help people and being told, “The bank says I have to borrow a minimum of £20,000, but I only need £10,000 to expand my business.” The board stepped in, and a solution was found in a matter of days. It was an excellent way of dealing with those things. That example related to an indigenous company that was hoping to expand, so no, I do not agree with the hon. Gentleman.

There is some truth in what the hon. Member for Monmouth said about university courses. At one stage, I was rather taken by a course in brewing at Strathclyde, but my father thought that a course in law at Aberystwyth would be preferable and he had the last word, so there we are. The brewing industry has probably lost someone who could have worked wonders. But I shall return to the serious matters.

The commission on devolution is chaired by Paul Silk, and it will report shortly. Everyone knows that it is to examine in two stages what further devolutionary steps could be taken. The first stage relates to fiscal powers. I note with great disappointment that the Labour party has apparently not submitted anything on fiscal powers to the Silk commission. I really cannot understand that. As I have said, I have the highest regard for the right hon. Member for Torfaen. He made the point about a very small minority being in favour of independence in the recent poll, but he did not mention the fact that 60% of those polled were in favour of fiscal powers being devolved to Wales. That is quite a large percentage, given the circumstances.

Nia Griffith Portrait Nia Griffith (Llanelli) (Lab)
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Sue Essex is the Labour party representative on that matter. Would the right hon. Gentleman accept that not making written submissions in advance gives her greater flexibility in the negotiations? Might not that be the way forward when trying to get four very different people to agree on something?

Elfyn Llwyd Portrait Mr Llwyd
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That is one interpretation of the matter. Others might include disinterest or being dead against any fiscal powers coming to Wales. Who knows? Without anything on paper, we do not know the thinking of the Labour party in Wales. I find that very disappointing.

Lord Murphy of Torfaen Portrait Paul Murphy
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The right hon. Gentleman referred to my remarks about independence, and he was right. However, I have no objection to tax-raising powers in Wales. My objection would be to the Government taking away the block grant and plugging the gap with taxes from the people of Wales, when the nature of our economy is such that we do not have the necessary resource base. That is the issue. Even parish councils in England and community councils in Wales have tax-raising powers, but such powers must not be introduced at the expense of spending cuts.

Elfyn Llwyd Portrait Mr Llwyd
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I take what the right hon. Gentleman says, but I do not agree.

Nobody can deny that the Holtham report was a very good piece of work, and I think that what needs to be done first is the reform of the Barnett formula. Surely, that is the first thing to do; then we can look further. Without taking up too much time, I hope to develop a few thoughts about the fiscal powers that could reasonably be called for at this stage of the devolutionary process.

Elfyn Llwyd Portrait Mr Llwyd
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Yes, but then I will have to make some progress.

Jonathan Edwards Portrait Jonathan Edwards
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When we debated the Silk commission a few months ago Labour Front-Benchers were completely opposed to the transfer of any fiscal powers. The poll today shows that more than 60% of the people of Wales are in favour of such a step, so does it not prove that the Labour party is completely out of tune with the wishes of the people of Wales?

Elfyn Llwyd Portrait Mr Llwyd
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Well, yes; on this issue, that has to be right. If 60% of people are saying that fiscal powers are the next stage, that amounts to a large majority—and we should listen to them.

We have sent a submission, and we argued that significant tax revenues and powers should be transferred to the Welsh Government, including partial income tax, value added tax, corporation tax and resource taxes. We have also argued that powers to create and levy new taxes should be granted. We want ownership and control over the Crown Estates in Wales to be transferred in their entirety to the Welsh Government. We believe that taxation and borrowing powers play an important part in facilitating economic growth and ultimately in ensuring social justice. Such powers have been proven to work at a sub-central level throughout the world, but are lacking under the current devolution arrangements.

Half the current rate of income tax could be paid to the Treasury in London, with half remaining with the Welsh Government in Wales, who could then adjust according to need. The Welsh Government should then have the power to set Welsh income tax rates without restriction. These would be additional to the remaining UK rates.

Powers over VAT would give the Welsh Government a significant source of revenue, as well as the opportunity to make adjustments to achieve policy goals. This could ensure that Wales would not be disadvantaged by any future decision of the UK Government to switch the emphasis of the tax system between direct and indirect taxes. I recognise that variation of VAT rates within a member state might be prohibited under EU law. If that is the case, we would wish to see a transfer of imputed VAT revenues to the Welsh Government. We think all corporation tax revenues should be transferred, as should the power to set rates.

Jonathan Edwards Portrait Jonathan Edwards
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If it is good enough for Northern Ireland, it is good enough for Wales.

Elfyn Llwyd Portrait Mr Llwyd
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I am coming to that in a moment. My hon. Friend did not write the script; it is just that we are ad idem on the point.

Corporation tax offers a powerful tool to facilitate increased performance. It would be desirable to transfer powers over structural elements of the tax, such as the definition of taxable profit. We know that devolution of corporation tax to Northern Ireland has been a hot topic of discussion in recent times—and the same arguments, it seems to me, are relevant to Wales.

Wales should be empowered to reap the benefits of its resources. The land and water of Wales should be used for the greatest environmental, social and economic gain. All powers and revenues associated with existing resource taxes, such as landfill tax and aggregates levy, should—subject to EU approval—be transferred. Wales should also have the power to create and levy new taxes on all aspects of resource exploitation, including water and renewable energy. Indeed, we should have the greatest possible devolution of taxation powers and revenues permitted by European law.

Some specific taxes, powers and revenues relating to taxes on property and land— such as stamp duty, land tax and capital gains tax on property and land—should, we think, be transferred to Wales, as should air passenger duty, which is being transferred to Northern Ireland under this year’s Finance Bill. The debate on that very measure is taking place in Westminster Hall as we speak.

We also support the transfer of alcohol and tobacco duties, including the ability to place a minimum price per unit on alcohol sales. We do not think that national insurance contributions should be devolved in the current circumstances, as they are notionally hypothecated for the funding of social protection services. Those services are reserved to the UK Government and are needs-related, with common treatment of citizens throughout the UK. However, although the lack of a devolved benefits system rules out the devolution of national insurance contributions at present, we would like them to be devolved in the longer term.

The commission will receive its oral evidence during the coming weeks. We look forward to its report on part I later this year, and hope for the swift introduction of any recommended changes that receive support across the political ground and from experts.

The Welsh Government recently opened their consultation on a Welsh legal jurisdiction, and I shall be responding to it despite the Secretary of State’s rather disappointing pronouncements on the matter last week. I shall also be giving evidence to the constitutional committee of the Assembly in a few weeks’ time. Great changes have taken place in the Welsh legal system which would have been unthinkable some years ago, such as the creation of Legal Wales and the establishment of the administrative court for Wales. There are regular sittings of the Court of Appeal—both civil and criminal—in Cardiff, and judicial review cases involving Welsh public bodies are routinely being heard in Wales.

Following last year’s successful referendum, the National Assembly for Wales now has the power to legislate in devolved areas without the interference of Westminster, and as a distinct body of Welsh law begins to be built, we shall inevitably need a distinct Welsh legal jurisdiction. However, that must go hand in hand with Wales taking full responsibility for justice matters. It is common sense that the right to administer the justice of laws that apply to the people of Wales should be placed in the hands of our own Government.

It worries me that the Legal Services Commission will shortly rule out the one Welsh commissioner representing Wales, given the developments relating to, for instance, legal aid. I am sure that that would not happen if Cardiff had any say in the matter. As I have said, a corpus of Welsh law is developing. Divergence between Welsh and English legal practice and procedure in family law, criminal law and, obviously, administrative law is taking place each and every day, and anyone who practises in those areas must know what Welsh law dictates.

I believe that the National Assembly for Wales is the only legislature in the world that does not have a distinct legal jurisdiction. That is an anomaly, but I think it is also a bit of nonsense. We need only look at the introduction of elected police commissioners—which is likely to take place, despite the disagreement of our representatives in Wales and many Welsh Members of Parliament—the cuts in community justice through the courts closure programme and the continued failure to introduce either bilingual juries or a north Wales prison to see that the interests of Wales are not best served by its continuing slavishly to follow the line set down by London.

As Members will know from earlier debates and votes, we feel strongly about the devolution of permit powers for energy generation above 50 MW on land, and we believe that all powers in Welsh waters should be transferred to the Welsh Government. All parties have backed the change to some extent, and the question should be “how much” rather than “whether”. I am sure that the issue will be debated at some length in part II of the Silk commission. The media will also be discussed keenly, especially in view of the changes forced on S4C by the UK Government in the past two years and the interest of the Welsh Government in such matters.

As has already been said, devolution is not an event but a process, and I think it right to revisit and assess its workings. The people of Wales gave their opinion in the referendum last March, and they agreed to it. According to every opinion poll, they want more powers over policing, justice, energy and the media, at the very least. We look forward to the publication of the reports and their implementation as soon as possible, and we hope that the necessary Government time for any legislation that may be required will be found during the present Parliament.

I am very grateful to have had this opportunity to take part in the debate. I apologise for speaking for so long; I probably took too many interventions. I am also pleased that so many Members wish to contribute to the debate.

None Portrait Several hon. Members
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rose

Oral Answers to Questions

Elfyn Llwyd Excerpts
Wednesday 29th February 2012

(12 years, 9 months ago)

Commons Chamber
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David Jones Portrait Mr Jones
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Yes, of course, and that underlines the fact that the scheme was poorly designed from the start. The Government’s proposals will provide a fair rate of return for investors.

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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But this retroactive policy has shattered business confidence in Wales. We are set for advances in the green economy, but who will invest when moneys can be wiped out at the mere flick of a pen in Whitehall? It is simply not good enough, and the Under-Secretary should realise that we are considering a key industry in Wales.

David Jones Portrait Mr Jones
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The right hon. Gentleman’s criticism would be more properly directed at the previous Government. The measures that the Government have now put in place will ensure stability in the industry and a fair rate of return for investors, and restore confidence to manufacturers.

Elfyn Llwyd Portrait Mr Llwyd
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I hear what the Under-Secretary says, but can he guarantee that this sort of mess will not happen again and that we can further develop green technology in Wales, where we are well placed to do that, in my constituency and throughout Wales? We need to develop those industries, so will he assure the House that we will not again have this kind of mess, which undermines confidence in the whole sector?

David Jones Portrait Mr Jones
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I agree with the right hon. Gentleman that the sector is extremely important to the Welsh economy, but I am afraid that, as ever, it has been left to the Conservative party to clear up Labour’s mess.

Oral Answers to Questions

Elfyn Llwyd Excerpts
Wednesday 18th January 2012

(12 years, 10 months ago)

Commons Chamber
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David Jones Portrait Mr Jones
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Yes, the issue of Peacocks is of great concern not just to Wales, but to the whole of the United Kingdom. Some 10,000 people are employed by Peacocks. Already my right hon. Friend the Secretary of State has been in communication with the Secretary of State for Business, Innovation and Skills to discuss the issue. I understand that the Welsh Minister for Business, Enterprise, Technology and Science has also been in communication with the Minister of State, Department for Business, Innovation and Skills, the hon. Member for Hertford and Stortford (Mr Prisk).

Elfyn Llwyd Portrait Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
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Figures published yesterday by the TUC, based on Office for Budget Responsibility figures, estimate that between now and 2017 a further 40,000 public sector jobs will be lost in Wales. What is the Minister’s Department doing to stem those losses, and generally, what is the Department doing to assist the economy of Wales?

David Jones Portrait Mr Jones
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The right hon. Gentleman is right. The OBR figures project a loss of public sector jobs. At the same time the OBR figures predict that there will be a gain of some 1.7 million private sector jobs during the same period. My Department is strongly engaged with the Department for Business, Innovation and Skills and working closely to do all we can to ensure that the private sector grows in Wales.

Elfyn Llwyd Portrait Mr Llwyd
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The Secretary of State and the Minister have heard the awful news about Peacocks. Surely billions of pounds of taxpayers’ money was not pumped into the banks so that those same banks could now pull the plug on companies such as Peacocks. Will the Minister and his right hon. Friend do everything they can to save the company? It is important for the whole UK, but vital for jobs in Wales.

David Jones Portrait Mr Jones
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The right hon. Gentleman makes a very important point, which is quite correct. He will understand, I am sure, that these are early days in this unfortunate saga. All I can do is assure him that our Department is liaising closely with the Department for Business, Innovation and Skills to do all we can to ensure that those jobs, if possible, can be saved.