Wales Bill

Lord Crickhowell Excerpts

Tuesday 11th November 2014 Lords Chamber

[Lord Wigley (PC)]

My Lords, it is a delight to follow the noble and learned Lord, Lord Morris of Aberavon, and to learn some aspects of this question that I had not been aware of before. I am very glad that he has added his considerable expertise and weight to support the amendment. I am delighted to support the words of my noble friend Lord Elystan-Morgan and I am grateful to him for putting this amendment forward. I pay tribute to him for his consistent advocacy for the maximum self-determination for Wales within the framework that we are discussing.

I moved a very similar amendment to this in Committee, supported by my noble friend Lord Elis-Thomas. I do not intend to repeat the arguments that I put forward then, but I would like to highlight two points. First, the basis for having a reserved powers model is that it would be similar to that in Scotland and Northern Ireland, so it at least has arguments of symmetry in its favour as well as the practical arguments that have already been outlined. Secondly, the reserve powers model was unanimously recommended by the Silk commission, which included people from all four parties in Wales. There were some discussions before coming to that conclusion, and clearly it is something that should carry weight.

The principle of that amendment in Committee was supported by noble Lords on all Benches. It was supported by the noble Lord, Lord Crickhowell—I was delighted at that time to hear his words—and by the noble Baroness, Lady Morgan of Ely, the noble Lords, Lord Thomas of Gresford, Lord Rowlands, Lord Richard and Lord Anderson, as well as my noble friends Lord Elystan-Morgan and Lord Elis-Thomas.

In her response to that amendment, the noble Baroness, Lady Randerson, said:

“I am delighted that there is now a broad consensus that moving to a reserved powers model of devolution is desirable”.

She assured the Committee that the Wales Office was,

“working proactively on how we go forward to a new reserved powers model … we must … ensure that sufficient work is done on the reserved powers model so that there is cross-party agreement”.—[Official Report, 13/10/14; col. 26.]

She was then challenged by the noble and right reverend Lord, Lord Harries of Pentregarth, as to why the reserved powers model,

“cannot be accepted in principle in the Bill, with all the details to be worked out in due course”.

In reply, the noble Baroness said that she would,

“take it away and think about it”.—[Official Report, 13/10/14; col.28.]

She invited me to withdraw my amendment, saying that events were moving on very rapidly. It was on that basis that I withdrew the amendment that I had put forward.

Well, we are now at Report stage. I warmly invite the noble Baroness, Lady Randerson, now to indicate that the Wales Office has indeed worked proactively on this matter and can now accept the amendment and tell the House of the anticipated timescale to get the constitutional change put into effect.

[Lord Crickhowell (Con)]

My Lords, I very much enjoyed the history lesson that we received from the noble and learned Lord, Lord Morris. It was a revelation of what life was like in the Labour Cabinet at that time. I also have a great deal of sympathy for what he said about the need for a commission to look at the whole devolution package of constitutional change, and I have also expressed my views on that.

As the noble Lord, Lord Wigley, has reminded the House, I have already expressed sympathy for the reserved powers model. I have just one point to make, which arises from the phrase in the amendment,

“within six months of the passing of this Act”.

The noble and learned Lord, Lord Morris, has said that a great deal has no doubt already been done and it should be possible to get a measure together within about six months. We have heard that the Wales Office has probably been doing some work on it. However, this Bill is likely to pass into law quite quickly, and I am a little concerned, if more work needs to be done, that the implementation of this proposal might be required almost exactly at the time of the general election—or perhaps even worse, in the interesting period that may follow it, when attempts are being made to form a coalition Government.

It does not seem to me to be very wise that a new Government in those circumstances should be required, almost as their first act, to bring in this measure. My concern is that by using that phrase “within six months of the passing of this Act”, the noble Lord may have inadvertently created an unnecessary obstacle and difficulty. I would be happy with the general thrust of the amendment if we had a rather more relaxed timescale so that, if the matter has to go beyond the general election, it would enable it still to be dealt with expeditiously but not in the immediate aftermath of that general election.

[Lord Elystan-Morgan]

The six months is not set in stone at all. I think it necessary to have some idea of a timetable to concentrate the mind, as Dr Johnson might have said. However, I do not think that six months is sacrosanct. If a manuscript amendment or any such change was appropriate, I would willingly be prepared to make such amendment.

[Lord Crickhowell]

But the fact of the matter is that this is a requirement, as the amendment is now drafted. It would be necessary to find some way, perhaps at Third Reading or in some suitable way, to give the flexibility that he is prepared to allow.

[Lord Thomas of Gresford (LD)]

My Lords, I, too, was very much interested in the historical statement that we had from the noble and learned Lord, Lord Morris of Aberavon. His was a very important speech, which I am sure will find its way into the history books of the time.

I indicated in Committee that, in the Bill that I drafted in 1967, we had a reserved powers model which was presented by Lord Hooson in the Commons and by Lord Ogmore in this House. Shortly after that, I gave evidence to the Kilbrandon commission and called for a reserved powers model. When the Government of Wales Act was going through in 1998, I was calling for a reserved powers model. If this amendment today were for a reserved powers model, I would be in very considerable difficulty. However, the amendment tabled by the noble Lord, Lord Elystan-Morgan, is one of timing and, as he has just indicated, he is prepared to be flexible about that timing. In such circumstances, I am prepared to defer to the views of my noble friend the Minister, who I know shares my views on this issue.