Government of Wales Act 2006 (Amendment) Order 2019

Lord Hain Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Wigley (PC)]

My Lords, I welcome this measure. Before going into any detail, I welcome the noble Baroness to her Front-Bench post; we wish her well. We know that she has a tremendous interest in Wales, and I am sure she will stand up for Wales when there are battles that need to be fought. She has a challenging role in following the noble Lord, Lord Bourne, who undertook his responsibilities in an exemplary manner and gained the respect of the whole House. I wish her as much success as he had in fighting Wales’s corner, which can sometimes be an uphill struggle.

I listened carefully to the Minister’s introduction. It explained why the reaction in Wales I was getting was that these powers had already been identified as coming to us, or indeed had already come. The difficulties that have previously been experienced have been met by this order. As the presiding officer, the Welsh Government and the Assembly welcome the order, I of course support it this evening. However, the way the difficulties were addressed by the 2018 provisions underlines the complexity of the devolution model in Wales, with some things being devolved and others reserved. That mixture can lead to the sort of complications we are putting right tonight. It underlines the need for a clear-cut devolution model whereby things are either wholly with Wales or not, with no grey area that can lead to difficulties.

The 2006 Act, which the noble Lord, Lord Hain, was mainly responsible for getting through, was a very significant step forward in its day. I have previously congratulated the noble Lord on getting it through Cabinet, the House of Commons and this House. However, I think he would be the first to admit that requiring an order every time the National Assembly was going to legislate in every function—an order that could be blocked by a resolution in the House of Commons or by the unelected House of Lords—was not ideal. We have moved on from that, but we seem to have a little hangover from that period in the context of what we are discussing tonight.

Finally, that whole subject has a certain resonance for me. I am present in this Chamber only because of that model. As a party, we had never taken seats in the House of Lords. We changed that at the invitation of and under pressure from the Government of the day because, as we saw it—I think rightly at that time—it was quite invidious that the unelected House of Lords could block by order a legislative requirement of the elected Government of Wales. That is why I came here. That is why we were promised at that time that we would have three people in this Chamber—a promise that was never fulfilled by either Government. That may resonate in Wales tonight.

[Lord Hain (Lab)]

My Lords, I very much agree with the points the noble Lord, Lord Wigley, made. I too welcome the Minister to her role. I stress that the noble Lord, Lord Bourne, leaves big shoes to fill, because he spoke on Wales with an intuitive understanding and empathy from his long political experience. Despite our party differences, he spoke with real authority and I thought he was an exceptionally good Minister in this House. I wish the noble Baroness all the best in following that model.