Wales Bill

Karin Smyth Excerpts

Tuesday 14th June 2016 Commons Chamber

[Guto Bebb]

As some Members have said, successive Secretaries of State have highlighted the fact that the latest change to the Welsh devolution settlement will end the issue once and for all, but I genuinely think that this Bill will create a long-standing settlement. I remind the hon. Gentleman that when the Welsh devolution settlement was voted for by the people of Wales back in 1999, it was welcomed by the then leader of Plaid Cymru as a significant change to the Welsh situation. We must recognise how far the devolution settlement in Wales has travelled since that point.

The hon. Members for Arfon, for Torfaen (Nick Thomas-Symonds), for Ceredigion (Mr Williams) and for Llanelli (Nia Griffith) highlighted the reserved powers model and the number of reservations, but those reservations have been put in place to move from a conferred powers model to a reserved powers model. The number of reservations has been reduced, although there is an argument about whether they should have been reduced by a larger amount, and I am certain that there will be an opportunity in Committee to reconsider some of the elements that have been reserved. I say to the hon. Member for Carmarthen East and Dinefwr that I am pleased to offer a full two days of Committee with protected hours, which I hope will be sufficient to ensure his support for the time allocated for the Bill.

[Karin Smyth (Bristol South) (Lab)]

On air passenger duty, Bristol airport lies just outside my constituency of Bristol South, in which it started its life. We had a good debate in Westminster Hall on regional airports, led by my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell). Bristol airport employs 11,000 people and has 7 million passengers, many of whom are from Wales. Our relationship with Wales is obviously important for trade and commerce, notwithstanding the issue of bridge tolls, and I am grateful that we have been able to consider that. This issue is about the equalisation of air passenger duty across the United Kingdom. Does the Minister agree?

[Guto Bebb]

Air passenger duty has been raised during the debate, and the fact that we are not proposing to devolve it has been criticised, although I think that that is right and proper. Silk made it clear that there is a need to devolve provisions for long-haul passengers, but there has been no consensus on that issue. I also ask what benefits such a measure would bring to north Wales in terms of the impact on the Welsh devolution financial settlement. At this time I think it is the right decision not to devolve air passenger duty, and I am happy to stand by that.

Many Members called for the list of reservations to be shorter, although it is important to point out that the list in the Scotland Act 1998 is not short either. It would, in my view, be impossible for the model of devolution that we are trying to create to have a two or three-page list; a long list will always be necessary. My right hon. Friend the Secretary of State said that the aim was to secure a positive working relationship between this place and the Assembly, and I think it important to emphasise that. I believe that those reservations can be dealt with positively, and that we can work in a way that will benefit the people of Wales.

The hon. Members for Dwyfor Meirionnydd and for Torfaen, my hon. Friend the Member for Montgomeryshire (Glyn Davies) and the hon. Member for Ceredigion highlighted the issue of the single legal jurisdiction. They made some positive comments about the Bill’s acknowledgement that there would be a body of Welsh law, but I think it imperative for us to understand the context of our decision.

We have consulted far and wide. We have consulted the legal profession in Wales, law colleges in Wales, legal departments in Wales and universities in Wales, and their clear response has been that it would be premature to move towards a separate legal jurisdiction. However, a working group is looking into the administrative processes involved in the development of a body of Welsh law, and I think it important that the Bill acknowledges the existence of Welsh legislation. We must try to develop a distinctive way of operating the administrative side of the legal system in Wales, rather than concentrating on the issue of a separate legal jurisdiction.

Some Members raised concerns about the justice impact assessments. I think my right hon. Friend the Secretary of State made clear that the aim was not to prevent the Assembly from legislating, but to ensure that the impact of legislation was understood. The Welsh Assembly is already committed to looking at the impact of its legislation on the Welsh language and on equality issues, and I see nothing wrong with requiring it to look at the justice impact assessments as well. That, I think, is a proportionate request. It is a request that is acceded to by Westminster Departments when they legislate, and I think that it treats the Assembly as a mature body which is not only able to create law, but to understand the consequences of the development of that law.

I believe that when the aim of the Bill is clarified in Committee—if there is a need for such clarification—Members on both sides of the House will be assured that the justice impact assessment is not a necessity test. I should add that the article by Professor Richard Wyn Jones, which was quoted by numerous Members, showed a lack of understanding of the aims of the assessment, and, indeed, of who would be responsible for delivering and creating it. The responsibility will be passed on to the Assembly. It will be for the Assembly to develop justice impact assessments; there will be no dictation from Westminster.

Income tax is clearly a real issue for Conservative Members. In a powerful speech, my hon. Friend the Member for Brecon and Radnorshire expressed his concern about the changes, and the issue was also touched on by my right hon. Friend the Member for Clwyd West (Mr Jones). It has been suggested that the decision to omit the need for a referendum was in some way a betrayal of a manifesto commitment, but I take issue with that. There appear to be two versions of the Conservative manifesto, the Welsh version and the national version. Page 58 of the Welsh version, which I read, made clear that the promise could be questioned, because once a funding floor had been established, and we have delivered that funding floor, there would be an expectation—an expectation—that the Welsh Government would hold a referendum.

In my view, it is clear that the Welsh Government are prevaricating on whether they want income tax powers. I think it is absolutely clear to Conservative Members that provision for a tax settlement is essential, because the Bill is about clarity, accountability and responsibility for the Welsh Government. Yes, more powers are being devolved, but it is nevertheless essential for a degree of accountability to be passed on to the Welsh Government. I would argue that that accountability, which is understood by local councils and parish councils and by police and crime commissioners, is essential for good governance in Wales and for the Welsh Assembly. I would question whether this is indeed a breach of a manifesto commitment, but more importantly I would say the decision is justified in order to have a settlement which ensures that the people of Wales know that the Welsh Government and Assembly are responsible not just for spending in Wales but also for raising tax in Wales.