Wales Bill

Kevin Brennan Excerpts

Monday 12th September 2016 Commons Chamber

[Alun Cairns]

I am grateful to the shadow Secretary of State for his comments. That would of course be the preferred option. It is only appropriate that PCC elections remain reserved and local government elections are devolved; that does not remove the requirement for both Administrations to co-ordinate where possible, but nor do we want to tie the hand of the Assembly should it see fit or need to change the franchise or timings of local government elections. I absolutely concur with his intentions, however.

[Kevin Brennan (Cardiff West) (Lab)]

The Secretary of State is making it clear that the reason for separating the franchises is the Government’s concern that the Assembly could then reduce the voting age for police and crime commissioners from 18 to 16. Does he have any other concerns about the franchise that have made him bring forward this new clause?

[Alun Cairns]

That will a matter for the Welsh Government. I am seeking to give them absolute freedom over local elections, within the limitations in the Bill, but it is not right that any changes they bring about—which may well change the franchise, if they believe that to be appropriate—should have consequences for PCC elections, for which the Welsh Government do not have responsibility as they are reserved under the Bill.

The new clause also makes consequential changes to the provisions in the 2011 Act for giving notice of a vacancy in the office of the police and crime commissioner and the provisions on the eligibility of candidates.

Amendment 27 is the second technical amendment in the group. It removes the reference to section 14(1)(f) of the Planning Act 2008 from the definition of “relevant nationally significant infrastructure project” in the planning reservation. That section applies only to England so the reference to it in the Bill is superfluous.

Amendments 33, 49, 52, 55 and 57 are all also technical and address an issue with the numerous references to the legislative competence of the Assembly across the statute book. Since devolution began, Acts of Parliament have often sought to define policies by reference to the devolution boundary involving expressions such as

“the legislative competence of the Assembly”.

For example, a power to make subordinate legislation could be conferred on the Secretary of State for provisions that are not within the legislative competence of the Assembly where the provisions are within such competence. In determining for the purposes of UK Acts what is and is not within the Assembly’s competence, proposed new section 108A and proposed schedules 7A and 7B to the Government of Wales Act 2006 set out the relevant tests. However, provisions such as paragraphs (8) to (11) of schedule 7B include a consent mechanism whereby a provision will be within competence only if the consent of a UK Minister has been given.

Those consent mechanisms exist so that there is an appropriate role for UK Ministers in relation to Assembly legislation that affects reserved authorities—I underline that that means reserved authorities only. However, that requirement for consent is not appropriate when considering UK legislation. For that reason, amendment 33 disapplies any requirement for a UK Minister’s consent when the legislative competence of the Assembly is being interpreted in the context of UK Parliament legislation.

Amendments 49, 52, 55 and 57 ensure that, where Acts of the UK Parliament refer to the Welsh devolution boundary, they do so in accordance with the new reserved powers model as inserted by the Bill. Those are sensible and practical technical changes to ensure that the new reserved powers model of devolution is interpreted and applied consistently in respect of all UK legislation.

The next amendments resulted from ongoing discussions with the Welsh Government, the Assembly’s Presiding Officer and the Assembly Commission.

--- Later in debate ---

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I know the Secretary of State has a lot to tell us, but I am sure he is aware that quite a lot of other Members would also like to speak. Will he bear that in mind?

[Kevin Brennan]

On a point of order, Mr Deputy Speaker. If we are under a severe time constraint, I wonder whether you could tell us how long we have for this debate?

[Mr Deputy Speaker]

The debate has to finish by 7.57 pm. I call the Secretary of State.

--- Later in debate ---

[Kevin Brennan]

My hon. Friend mentions Glas Cymru. Is it not the case that bringing a natural monopoly such as water or rail into a system of beneficial collective ownership—allowing it to borrow very cheaply against the guaranteed income streams to be found in public services of that kind—is the ideal way to run such a public service? Does he also agree that, in comparison, privatisation is highly inefficient?

[Paul Flynn]

I entirely agree with my hon. Friend. We hope to convince the Government to acknowledge the great value of Glas Cymru and to repeat that success with the railways.

--- Later in debate ---

[Paul Flynn]

I am sure they will and they should concern themselves with that. Another Member made the point last week that by reducing the number of Members and not reducing the number of Ministers, the Government were strengthening the power of the Executive, at the expense of Back Benchers. This is a mess and it needs an overall root-and-branch reform.

[Kevin Brennan]

I do not like saying this, but I profoundly disagree with my hon. Friend on amendment 68, because it would be wrong to take away the requirement for a two-thirds vote among Assembly Members in order to change the numbers in the Assembly, but it should be a requirement to have two thirds of the people in this place vote to change the number of Members of Parliament. There is not even a requirement for any vote at all to change the number of Members in the House of Lords, because the Prime Minister simply appoints them.

[Paul Flynn]

My hon. Friend makes his point effectively, and I would like to pursue it if we were to go that way. My amendment was a device to make sure that we could discuss this issue, as it is a matter of major importance. As we know, the provision for a super-majority in the Assembly is not necessary, because it is almost impossible under the system we have for any party to get an overall majority; in effect, any constitutional amendment taking place in the Assembly requires the votes of more than one party. I am not going to press this amendment to a vote, but I would like the Government to react to it and realise that what they are planning in the boundary changes is a cheat, which they are carrying out for their own political advantages, and not for the benefit of democracy. We have a crisis in democracy and we are not going to solve it in that way.

I hope that my hon. Friends the Members for Hyndburn (Graham Jones) and for Swansea East (Carolyn Harris) will catch your eye to speak on the amendment about betting, gaming and lotteries, Mr Deputy Speaker. I warmly support that proposal, having had the experience of going on a visit where I saw one of these fixed odds betting terminals in my constituency. The people there kindly switched it off and let me use it without spending my money, but had I been spending my money, it would have cost me about £100 in the half hour I was there; this system is very addictive.

We are generally in favour of the amendments that we have from government, most of which were sensible and had been requested by the Welsh Government or Opposition Members. I hope, therefore, that we can continue in this constructive, co-operative and consensual spirit, in order to make sure that Wales is better served by this Bill.