Lord Thomas of Cwmgiedd
Main Page: Lord Thomas of Cwmgiedd (Crossbench - Life peer)Department Debates - View all Lord Thomas of Cwmgiedd's debates with the HM Treasury
(4 months, 4 weeks ago)
Lords ChamberMy Lords, I too support the noble Lord, Lord Wigley, in his introduction to this Bill and warmly thank him for bringing it again before the House.
As the noble Lord, Lord Murphy, said, the real place to start is the constitutional issue. As forcefully pointed out in our last debate on this, this does not, as it presently stands, deal with a union matter. We are dealing with a matter capable of devolution because power over the estate has been devolved to Scotland. One can see immediately from the Scottish Crown Estate’s report one of the benefits of that: it shows the revenue, as the noble Lord, Lord Wigley, referred to, with a breakdown showing how each community benefits. I will ask the Treasury to think about this hearts and minds issue in a moment.
The real issue is trying to marry what the Minister and the noble Lord, Lord Moynihan, said about the short term and the long term. What is lacking, in my view, is transparency, accountability and a long-term strategy, and distinguishing all that from the technical business of managing the offshore wind industry. They are separate problems; if we disentangled them, we might be able to make some progress.
That progress can be made only by recalling the history of Wales, however the Crown Estate came to the Crown: partly by conquest—it is important to emphasise that word in the history of the United Kingdom—partly by inheritance or partly by an Act of Parliament. Maybe that does not matter, but what does matter from the history of Wales is the perception of the Welsh people. Their natural resources have been exploited, first in coal and the heritage with which we live, and then with water. The Welsh people are not prepared to allow this to happen again. How do we solve this problem?
I am delighted that, as the Minister told us on the last occasion during the passage of the Bill on the Crown Estate proper, the Government are going to discuss issues with the Welsh Government. I very much hope that the Minister can help us with those discussions.
Secondly, I hope that, as soon as the Bill is passed, there will be Welsh commissioner. One must remember, however, that his function is limited to giving advice on the functions in relation to land. What is wrong is that, first, there is no transparency of the position; secondly, there is no showing how the assets are used to the benefit of Wales; and, thirdly, there is no long-term strategy.
The Minister told us two things of great importance on 14 October. He said:
“As the Crown Estate’s operations are not divided into business units for each nation, agreeing the exact net profit figure attributable to Wales is not straightforward, because most of the associated costs cannot easily be disentangled from the Crown Estate’s overall costs and would, in places, require subjective judgment”.
Secondly, he said that,
“if Wales were to benefit only from the income generated in Wales, then it would likely be zero or negligible for several decades to come. Welsh assets are relatively new and will take time to mature, likely in the order of 10 to 15 years”.—[Official Report, 14/10/24; cols. 29-30.]
Both of those things are used as a justification for making no progress.
One looks to the Crown Estate’s annual report. Although these reports are not a joyous read, there is an awful lot of information contained in them. Unlike the position in relation to Scotland, a document called Wales Highlights contains absolutely no financial information of what income is generated. There is nothing of the kind. If one goes back to Wales Highlights for the year ending 31 March 2020, it showed a gross surplus income of £8.4 million on property valued at £96.8 million. I think that most businessmen would not think that this was a bad return for whatever came. Whether that falls into the category of a negligible income, I do not know, but no doubt it would help stop the leaks in the museums of Wales.
The following year shows a similar income, but it also shows the revaluation of the Crown Estate in Wales from £96.8 million to £603 million. Importantly, this appears to result from the offshore wind leasing round four. At the time of the full report for the whole Crown Estate, the revenue—it is broken down in some senses, most importantly for marine—was only £120.8 million. The highlighting stopped, and I simply do not understand why, after that review in Wales, there is no breakdown. I very much hope that the Minister will explain why what was practical in 2021, when round four had taken place and we were able to value the leases in Wales, has stopped. There should be full transparency and accountability.
What is important is to look at how the profits of the Crown Commissioner rose. By the year ending March 2022, the operating profit from marine had risen modestly to £127.5 million. However, by the year ending 2024, it had risen to £1.19 billion. If one looks at the notes to the account, the part of it attributed to the consolidated fund is a huge amount of money, but where did the increase come from? It is clear from page 50 of the annual report that it is attributable to option fees on round four, which produced £1 billion. What I do not understand is why we cannot know what is attributable to Wales. It is critical that there be proper accountability.
I come to my point, which is this: we need to work together to allow what the Minister and the noble Lord, Lord Moynihan—and, I am sure, the people of Wales—rightly want, which is good management of the assets, but we need accountability and transparency. As the Crown Estate Commissioner will not tell the people of Wales what the benefits are, they must be compelled to do so by an Act of Parliament.
I very much hope that this Bill will move to Committee, as time does not permit me to develop these details of accounting any further. I should not have to do this, but what is absolutely clear is that the current step forward is not enough. This Government, in particular HM Treasury, must bear in mind that, in about 15 months’ time, the people of Wales will be able to make a judgment. I hope that, by that stage, the historic legacy of the way in which Wales has been deprived of the benefits from its natural resources will be shown. At the moment, there is money coming to Wales from its resources, and there is a good prospect for the future.
I apologise to the House for speaking prematurely; I should have spoken in the gap. I apologise for that. My only mitigation is that, as a good Welshman, I was led by the spirit.
My Lords, is a pleasure to speak in this debate today. I congratulate the noble Lord, Lord Wigley, on this Bill and on his opening speech. While we may disagree on the substance of this issue, I enjoyed our debates on this topic during the passage of the Crown Estate Bill, and it was a pleasure to hear him put the case so powerfully again today.
I will begin by setting out how the Crown Estate currently operates and the case for retaining the current model, which the Government believe provides the best deal for Wales and for the wider United Kingdom. As noble Lords will be aware, the Crown Estate was established with the aim of creating lasting and shared prosperity for the whole of the United Kingdom. Governed by the Crown Estate Act 1961, it holds a diverse portfolio of buildings, shoreline, seabed, forestry, agriculture and common land. It has shown itself to be a trusted and successful independent commercial business, with a proven track record of effective manage-ment. Each year, the Crown Estate is required to pay its profits into the UK Consolidated Fund, which has totalled more than £4 billion over the past decade. This money is used to fund vital public services across the UK, including in Wales in reserved areas. When the UK Consolidated Fund is spent in England—in areas which are devolved to Wales—the Welsh Government also receive funding through the operation of the Barnett formula.
The proposed powers in the Crown Estate Bill, which is currently progressing through the other place, combined with the Crown Estate’s existing scale, expertise and track record, mean that it is uniquely placed to drive forward important growth-generating projects in Wales. This is particularly true in relation to offshore renewable energy and other emerging offshore technologies.
Over the last 20 years, the Crown Estate has helped to deliver a number of important renewable energy projects and to position Wales at the vanguard of clean energy technology and growth. The benefits of these projects are being felt in communities and supply chains right across Wales. For example, the Crown Estate has invested £1.2 million in Welsh tidal stream energy through the Morlais demonstration zone in Anglesey. Last year, the Crown Estate launched offshore wind leasing round 5 for floating offshore wind in the Celtic Sea, which is expected to deliver significant jobs and supply chain benefits locally. The Crown Estate works closely with the Welsh Government and Natural Resources Wales to develop these projects and ensure that resources are sustainably managed for the long term.
As noble Lords will remember, the Government were pleased to support the successful amendment of the noble Lord, Lord Hain, moved by my noble friend Lord Murphy, to the Crown Estate Bill, which will see the appointment of two Crown Estate board commissioners for Wales and Northern Ireland respectively. This is a positive step that will ensure the Crown Estate’s board continues to work in the best interests of the whole of the UK. Importantly, the devolved Governments will reserve the right to be consulted over these appointments. I am grateful to all noble Lords across the House, including some who have spoken in today’s debate, for their work to make this change possible.
Let me turn to the concerns the Government have with the Bill we are discussing today. Devolving the Crown Estate to Wales at this time risks significant fragmentation of the energy market and jeopardising the existing pipeline of offshore wind development in the Celtic Sea planned into the 2030s. This in turn would undermine international investor confidence and significantly delay progress towards net zero, to the detriment of the whole of the UK.
Devolution would likely require the creation of a new entity to take on the management of the Crown Estate in Wales. This entity would not benefit from the Crown Estate’s substantial capability and capital and systems abilities, nor from the fact that the Crown Estate’s marine investments are currently made on a portfolio-wide basis across England and Wales. Devolving the Crown Estate to Wales at this time would disrupt these existing investments, as they would need to be restructured to accommodate a Welsh-specific entity.
As the noble Baroness, Lady Humphreys, quoted from our debates on the Crown Estate Bill, devolution would likely delay UK-wide grid connectivity reform, which is crucial for meeting our growth targets, because it would make it harder to co-ordinate energy generation and infrastructure across England and Wales. The Government are driving forward grid connectivity reform. Introducing a new entity, which would have control of assets only within Wales, into this complex operating environment, where partnerships have already been formed, would not make commercial sense. A devolved entity would be starting from scratch, midway through a multimillion-pound commercial tendering process for a pipeline of Welsh projects, at a time when the Crown Estate is undertaking critical investment in the UK’s path towards net zero.
Some noble Lords have argued today that Wales would benefit financially from devolution of the Crown Estate. Let me set out why the Government believe this not to be the case. As I have already noted, Wales benefits from the UK Government’s spending derived from the Crown Estate. It receives Barnett funding when Crown Estate funding is spent in England in areas which are devolved in Wales. As the noble and learned Lord, Lord Thomas, quoted from our debates on the recent Crown Estate Bill, if Wales were to benefit only from the income from the Crown Estate generated in Wales, it would likely be zero or negligible for several decades to come. This is because Welsh assets are relatively new and will take time to mature, likely to be in the order of 10 to 15 years. Previous reports did not include costs and, as I understand it, many of the figures quoted today are reports of profits from activities without taking into account costs. As I have said before during debates on the Crown Estate Bill, disaggregating activities requires a high degree of subjective judgment.
My noble friend Lord Murphy asked about funding for the Wales Government in the event of devolution of the Crown Estate. Even if devolution could be achieved without risking the revenues for Wales that the Crown Estate generates, this would not automatically lead to an increase in the funding available to the Wales Government. As agreed in the Scottish Government’s fiscal framework review, which concluded in August 2023, the Scottish Government receive a block grant reduction to reflect the profits they retain from Crown Estate Scotland following its devolution.
The noble Lord, Lord Wigley, and my noble friend Lord Murphy raised the Treasury Ministers’ discussions with the Welsh Government about the Crown Estate. In November, I met the Welsh Government’s Cabinet Secretary for Finance and Welsh Language. Our discussion covered a range of issues, including the Crown Estate. I reiterated the UK Government’s position that we do not believe devolution of the Crown Estate is in the best interests of Wales or the wider UK. More widely, the UK Government maintain regular ministerial and official-level engagement with the Welsh Government across a range of different policy areas.
The Crown Estate’s existing scale, expertise and track record mean it is uniquely placed to drive forward growth and investment in Wales. Wales continues to benefit from the funding generated by the Crown Estate, both through the UK Government’s spending in reserved areas in Wales and through funding for the Welsh Government via the Barnett formula. Devolving the Crown Estate at this time would significantly fragment the UK’s energy market, jeopardise the existing pipeline of offshore wind development in the Celtic Sea, undermine international investor confidence in the UK and significantly delay our progress towards net zero. It is for these reasons that the Government cannot support the Bill before your Lordships’ House. The Government will of course continue to discuss these issues—
Before the Minister sits down, I want to press him on one point: the proportion of income classified in the accounts as derived in the marine sector from option fee and other income, some of which is straight-lined into the Consolidated Fund. Can he give the figure for Wales? As we have discussed, he was able to give it at an earlier point; it must be possible, and I would be grateful if he would write to the House and give us that figure. It is of huge symbolic importance to the people of Wales, and I do not want this Government to suffer 15 months hence.
I am very grateful to the noble and learned Lord for his concern for the Government. I am told it is impossible to disaggregate the figures in the way that he has asked. I will double check that and write to him if I can, but I am told it is not possible to do that disaggregation.
Forgive me for a moment, but I am quite used to arguing with accountants and I would be delighted to meet the Crown Estate to try to understand what the problem is. I believe it is accountancy gobbledygook that we cannot do it. Of course there will be an element of subjective judgment, but it can be done. If it cannot be done, please can I meet the accountants at the Crown Estate?
I will happily suggest that to the accountants at the Crown Estate.
The Government will continue to discuss these issues with the First Minister and the Welsh Government, to ensure that Wales sees the full benefits of the Crown Estate.
Lord Thomas of Cwmgiedd
Main Page: Lord Thomas of Cwmgiedd (Crossbench - Life peer)(4 weeks, 1 day ago)
Lords ChamberYes, I am very happy to make that point, but it is still a significant sum of money. If you do what is normally done in these circumstances, which is to look at the cost versus the benefit, I would argue that that is not a good return. Of course, that is one reason—alongside the enormous unpopularity of that policy—why the Welsh Government responded to the political pressure from both my party and the public by changing the policy significantly. They themselves are not, I think, persuaded by those arguments.
I was going to finish by saying that, for the reasons I set out, I strongly support the amendments tabled by my noble friends Lord Harlech and Lord Moynihan. I very much hope that, in due course, the House will get a chance to support them.
I shall speak to the amendments in my name. By way of background, we have had the benefit of the noble Baroness, Lady Harris of Richmond, speaking about what makes this issue what I would describe ultimately as a hearts-and-minds issue. The acquisition of the Crown Estate in Wales by conquest and inheritance, the imposition of English laws, the exploitation, as it is perceived in Wales, of Wales’s resources of coal and water and the fact that Scotland has been allowed to control its own estate turn this into an important political and hearts-and-minds issue. I have tried, through the amendments I have put forward, to recognise that. In saying that it is an important hearts-and-minds issue, we must bear in mind the view of the Welsh Government, of the same complexion as the Government here in London, that they want devolution. The overwhelming majority of Welsh authorities want devolution. The very strong feeling is, for the reasons that I have tried briefly to summarise, that there ought to be devolution of the Crown Estate to Wales.
What has bedevilled this problem is a failure to understand and give effect to the difference between ownership and benefit from an asset and management of an asset. Those of us who may be fortunate to have the odd spare penny or two know the difference. Allowing someone else who is better qualified to manage assets while ensuring that the policy towards those assets and the ultimate benefit appertain to the owner is an important distinction that I have sought to make.
The first step is to try to identify what is the Crown Estate in Wales. Is it valuable? Does it have any assets? Does it have any revenue? Noble Lords may recall that in the Second Reading debate I spent a little time—I am not going to do that today because it is unnecessary—going through the accounts of the Crown Estate Commissioners in respect of Wales. The revenue and asset values for the year ending March 2021 were clear, but there was nothing in the accounts thereafter.
I challenged the Minister, the noble Lord, Lord Livermore, the Financial Secretary to the Treasury, about how an accountant could possibly not be able to identify the assets and income. I am immensely grateful to him and the chief executive of the Crown Estate Commissioners and to one of the commissioners for a meeting I had with him. Having checked with him, and I am happy to say he agrees that I can say this, I was told by him that in the financial statements for next year—that is, for the year ending March 2026—it is the commissioners’ intention to provide a separate breakdown for Wales of the assets and revenue. That shows that you can identify what is Welsh and what is English, and you can show the resultant revenue streams and capital expenditure, so an awful lot of the obfuscation that has occurred can be got rid of. I do not want to comment any further. Let us wait for those accounts to be produced. It brings to an end the argument that you cannot really say what is Welsh and what is English and what is the benefit from it. We will know. It is a great pity that this was not done before.
Therefore, I think that what is before us now is, if this hearts-and-minds issue is to be addressed and dealt with, how do we take this forward? It would be very helpful for us to hear from the Minister about the discussions that have been taking place between his colleagues—I assume that they are his colleagues—in Cardiff and his colleagues here in London about dealing with this hearts-and-minds issue and, as the noble Lord, Lord Moynihan, has been very careful to stress, obtaining economic benefits for Wales. The distinction that I try to draw is between ownership of and benefit from the assets and the management of the assets, and that is why I put forward Amendments 4 and 7.
First, Amendment 4 is primarily to set a timetable. It is no use having a Bill, it seems to me, that transfers the assets on its passing without some clear preparatory work and a timetable to reassure investors and others that the transfer is orderly. Therefore, Amendments 4 and 7 put forward a timetable. I have put dates forward as indicative only: obviously, the timetable is a matter for detailed discussion between the Governments in London and Cardiff, providing that, during that period, the Crown Estate commissioners remain completely in control—they ought to take account of the views of Welsh Ministers but not be bound by them—and that the income thereof in the meantime is properly identified. This really provides a bridging period, dealing with the issue of the transfer of the assets but allowing their management to continue, and therefore really tries to address the problem that, as I understand it, some Government Ministers have put forward, that all this would wreak havoc with investment and jobs in Wales. I regard that as a fallacy. When one really looks at what we are talking about, it is accepting that the Crown Estate in Wales is a national asset of the Welsh people, but accepting that there needs to be an orderly transfer.
As to the future, I have put down a separate amendment, Amendment 5, which I will address in due course, in the second group of amendments, because it addresses this fundamental misunderstanding that is used to try to justify the preparation of an injustice which does such damage to the union.
My Lords, the amendments in this group relate to the operation of the Crown Estate in Wales under the newly devolved approach. I should say at the outset that on this side of the House, we are opposed to the Bill in principle. I know that the noble Lord, Lord Wigley, tabled amendments to the Crown Estate Act during its passage through your Lordships’ House. The Official Opposition were clear at that point that the Government should resist those amendments. As my noble friend Lady Vere of Norbiton said then, we have set the Crown Estate on a very different path as a result of that legislation, and now is not the time to frustrate that process with a very different proposal on the direction of the Welsh part of the Crown Estate. That argument was right then; it is right now.
Amendments 1 and 6 in the name of my noble friend Lord Harlech would require the revenues of the Welsh part of the Crown Estate to be paid to the Exchequer after the devolution and transfer of functions to a new body. This would ensure that the existing revenues go to the Exchequer, which, as we all know from the rumours about the spending review next week, is already in great need of income. If control of the functions of the Welsh Crown Estate were to be devolved but the revenues continued to be paid to the Exchequer, that would at least achieve part of the aim of the noble Lord, Lord Wigley, without depriving the Exchequer of much-needed revenue. Perhaps the noble Lord is open to that.
My noble friend Lord Harper raised interesting and cautionary points about the Barnett formula more generally. Amendments 2 and 8 in the name of my noble friend Lord Moynihan seek to ensure that the Welsh Crown Estate is bound by the same borrowing limits as the Crown Estate itself. As noble Lords will recall from the passage of the previous Bill, my noble friends Lady Vere of Norbiton and Lord Howard of Rising spoke at length and pressed Ministers to secure that borrowing limit. We were pleased that Ministers accepted those calls and implemented a borrowing limit, even though this was placed on a statutory footing. The amendment which my noble friend Lord Moynihan has sensibly tabled seeks to ensure that the Welsh Crown Estate is similarly bound by an appropriate limit on its borrowing. Here I should mention, of course, the important points that he made about the impact that this transfer would have on the future of energy, in this country as a whole and in Wales in particular, and the difficulties in apportioning that.
Amendment 3, in the name of my noble friend Lord Moynihan, seeks to establish a backstop to prevent mismanagement of the Welsh Crown Estate. We know how poorly Wales is served by her current devolved Government. Whether it is education, healthcare or economic outcomes, Wales consistently underperforms, so much of this is the responsibility of the Welsh Government. Given that backdrop, it is understandable that noble Lords are a little more than reticent about proposals to take another step down that road, with a body as important as the Crown Estate and with such big assets. We on these Benches share the concern that motivates my noble friend in his amendment, and we would be interested to hear from the Minister whether the Government might consider some form of backstop such as that proposed by this amendment.
Amendments 4 and 7, in the name of the noble and learned Lord, Lord Thomas of Cwmgiedd, reflect legitimate concerns about the untimely transfer of these powers in the event that the Bill is passed. Clearly, a sudden change so soon after we passed the Crown Estate Act, which sets a very different direction of travel for the Crown Estate, would be very disruptive to that new direction. Perhaps the noble Lord, Lord Wigley, would respond to that point in his remarks at the conclusion of this group.
In summary, we have serious concerns about the transfer of the Welsh parts of the Crown Estate to a devolved framework. There are many important issues that must be addressed before this proposal could go forward. We look forward to hearing from the noble Lord, Lord Wigley.
My Lords, I will be brief. I separated out this amendment because it deals with an issue we too often neglect when we speak about devolution: the working of the union. It seems to me that the debate on the previous amendments brought into clear focus a failure to distinguish the positives of devolution—that is, giving to nations what they aspire to and what they feel they ought to have, as a matter of hearts and minds. As the noble Lord, Lord Wigley, has said, there is enormous support for the devolution of these powers. But it is also important to remember that we are part of a union, and the Crown Estate shows and exemplifies that you can give powers to be devolved in certain areas, but then you should work together.
I suggested in the amendment that the Crown Estate commissioners should have this power to take the management of the Crown Estate in Wales from the Welsh Government—in accordance with the investment policy of the Welsh Government, and being consulted about it—so that it could be a model of the way in which the union operates to benefit economically.
Spending a great deal of my time in Wales, I hope that the Government understand that there is an enormous feeling of hostility to the way in which the Government have run the Welsh economy—a feeling that they have not sufficiently acceded to what happens in Wales. I have no views on whether that is right or wrong—I express none—but it seems to me important that we do two things: that we recognise national aspirations and accept, as the noble Lord, Lord Wigley, said, that what you give to Scotland you ought to give to Wales, because you recognise it as having the same national aspirations. However, we also need openly and transparently to work together where it is in the common interest. As the remarks of the noble Lord, Lord Moynihan, showed, working together in the energy sector is essential.
I therefore wished this particular point to be debated separately to bring home, I hope, to His Majesty’s loyal Opposition—who were not very good at this when they were in government—and to this Government, before it is too late, the absolute essentials of making it clear that you respect nationhood and what has been done by way of devolution but also that you will work together to benefit each of the nations, by co-operation and joint policies, where it is in the overwhelming national interest.
The Crown Estate epitomises the recognition of national aspirations—but where it compels working together. That is a lesson much broader than this particular Bill, but, as a strong believer in the union, I think we in London too often forget it. We do not recognise the pluses that devolution has brought, the fact that we cannot row back on it and how much more effort needs to be put into working together. This provides the perfect model. I beg to move.
Before the noble and learned Lord, Lord Thomas, winds up, I completely endorse and agree with his views about co-operation. There is no doubt whatever that it is vital in the relationship between Wales and the United Kingdom in this context.
My arguments have not been principally political at any stage during Committee. My argument is that the lion’s share of the Crown Estate’s assets in Wales requires to be maximised in terms of economic value to Wales, and that there should be the overarching control and involvement of the Crown Estate as is currently set up. I believe that would be the most efficient and efficacious way of maximising the value of those assets in the Celtic Sea, and that was the reason that I pushed this argument so strongly, and not because of future political arrangements. After that project comes to fruition and benefits all concerned, there may well be an opportunity to look at the political realities that have been put forward by the noble Lord, Lord Wigley, and the noble and learned Lord, Lord Thomas.
I think that is the reason that the Government have taken the position they have, and I endorse it strongly: it is a cross-party view, but it is one that is driven—from my perspective—on the economic realities of those assets in Wales at this time. We should still make sure there is maximum co-operation between all interested parties, the Crown Estate and the locally interested parties in Wales, so that the projects we have been discussing in the context of this Bill are brought to fruition to the maximum economic benefit of both the United Kingdom as a whole and indeed Wales.
I will briefly reply. There is a difference between what I have put forward and what the noble Lord, Lord Moynihan, suggests.
I thank everyone for listening patiently to what I had to say. I believe that, at the end of the day, as one sees across the world, we must recognise the importance of what is stirred up by nationhood. It is important to try to analyse the way in which economic benefits can be conferred. I have listened to all the arguments, and it still seems to me that the compromise which I put forward—namely, to recognise nationhood and national aspiration but to co-operate to provide economic benefit—is something for now and not for some distant time in the future. Having listened to all the arguments and hearing the views of the Committee, I beg leave to withdraw my amendment.