National Assembly for Wales: Referendum

Lord Wallace of Tankerness Excerpts

Thursday 17th June 2010 Lords Chamber

[Lord Livsey of Talgarth]

To ask Her Majesty’s Government whether the referendum mentioned in the Queen’s Speech for the National Assembly for Wales to have primary legislative powers will be put to the people of Wales in October 2010.

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, I refer my noble friend to the Written Ministerial Statement made under my name on 15 June 2010. In that, I repeated a Written Ministerial Statement by my right honourable friend the Secretary of State for Wales in which she indicated that it had not been possible to lay a draft referendum order before Parliament by today. She further stated that our aim is for a referendum to take place before the end of the first quarter of next year.

[Lord Livsey of Talgarth]

My Lords, my noble and learned friend has made that statement on behalf of the Secretary of State. I am not entirely satisfied that we cannot have an October referendum, which was our wish, but I am glad to know that it will be in the first quarter of 2011. My noble and learned friend may be familiar with Edmund Burke’s famous remark that there is a point beyond which forbearance ends and tolerance ceases to be a virtue. While Liberal Democrats and devolutionists in all parties in Wales are reaching that point, we need an early referendum for primary legislative powers for the National Assembly for Wales. We face a constitutional obstacle course in Wales.

[Lord Livsey of Talgarth]

This is the question. Will my noble and learned friend ensure that there is a referendum poll well before next year’s Welsh Assembly elections in May?

[Lord Wallace of Tankerness]

My Lords, I know from the time that my noble friend and I spent together in the other place that he is a very determined and doughty campaigner both in establishing the National Assembly for Wales and, since then, in enhancing its powers. I make it clear that I am well aware of the importance that the Secretary of State for Wales attaches to this referendum taking place, implementing the coalition agreement. In her letter to the First Minister, she indicated that the date that the First Minister had indicated before the general election should not be considered until after the general election. That has meant that the consultation work on the question has only now begun and that there will be a further reference to the Electoral Commission for it to research and approve the question. Orders will have to be debated and approved in the Welsh National Assembly and both Houses of Parliament and submitted for approval by Her Majesty in Council. Thereafter, the Electoral Commission has indicated that the statutory period of 10 weeks is the minimum that it believes necessary to allow for all the processes required leading up to polling day. With the best will in the world, it was not possible to do that by October, but we have made the commitment that we wish that to happen by the end of the first quarter of next year.

[Lord Morris of Aberavon]

My Lords, the Conservative Party in Wales has a long record of opposing any Welsh constitutional advance, whether it be the setting up of the Welsh Office or a devolved Assembly. Has it now abandoned this posture and will it now campaign wholeheartedly for more powers for the Welsh Assembly? If it has not, how do the coalition Government reconcile that stance with the Answer in the other place by the Minister for constitutional reform, Mr Clegg,

“Yes, the Government do support a yes vote”.—[Official Report, Commons, 7/6/10; col. 41.]

in the referendum?

[Lord Wallace of Tankerness]

I am grateful to the noble and learned Lord for giving me the opportunity to make it clear that my right honourable friend the Deputy Prime Minister subsequently made it clear to the House of Commons that that was not the position. The Government will not have a particular view on the outcome of the referendum. Our coalition commitment is to ensure that the referendum takes place. The referendum is not the plaything of any one political party. It is for the people of Wales to decide and we will respect their decision.

[Lord Elystan-Morgan]

In so far as the people of Wales are concerned, does the noble and learned Lord accept that there is a deep conviction and desire in Wales for a referendum, and for that to be carried, making Part 4 a new constitution for the Welsh people?

[Lord Wallace of Tankerness]

I note that when the National Assembly for Wales voted on whether there should be a referendum under the Government of Wales Act, the vote was 53 to zero. I am sure that people on both sides of the argument were voting because they want a referendum, but it is not for me at this Dispatch Box to say what the outcome should be. I have no doubt that my noble friends and my friends in the Liberal Democrats in Wales will want me to take a particular view when I am campaigning, but, as I have indicated, the Government’s view is that we want the referendum to take place and the preparation for it to be as thorough as possible.

[Lord Morgan]

My Lords, will the Minister acknowledge that the lack of urgency in his Answer is deeply disappointing to many of us? Peter Hain, the previous Secretary of State for Wales, endorsed a referendum in the autumn. It has been endorsed by every political party in Wales and the Jones Parry report made an unanswerable case for it. Why are the Government dragging their feet? Is this yet another fault line in the so-called coalition?

[Lord Wallace of Tankerness]

I wholly reject any allegation that the Government are dragging their feet. I quote from the letter from my right honourable friend the Secretary of State for Wales to the First Minister:

“Your decision that the date and question should not be considered until after the General Election has meant that we have not yet submitted a question to the Electoral Commission, which has confirmed that it will need at least 10 weeks to carry out its assessment and then report”.

I hope that I indicated earlier to your Lordships’ House that the timeline is an extensive one. We want to ensure that this happens properly, and we do not want to take any risk that by taking short cuts we could open ourselves up to legal challenge. I believe that we are taking the proper steps in the right order.

[Lord Crickhowell]

My Lords, as one who, during the debate on the Government of Wales Bill, said that he would vote in favour of the move proposed in the referendum, I ask my noble and learned friend whether he thinks extraordinary the suggestion that the right honourable Peter Hain should be pressing us when in a major constitutional speech at Cardiff University last October he said that he did not think that the matter should be brought forward quickly—certainly not before 2011.

[Lord Wallace of Tankerness]

My Lords, having taken office I am discovering that there are many things that I am responsible for, but one of them is not to answer for Mr Peter Hain, thank goodness. I can assure the House that the Secretary of State attaches a huge priority to this. We are taking the steps as quickly as we can, and that is consistent with good governance.

[Lord Richard]

My Lords, one of the great problems that I have always had in my political life is my nasty, suspicious mind, particularly when it comes to assurances given six months in advance. Can we take it as genuinely firm that, unless there is a catastrophe, this referendum will be held in the first quarter of next year, with no “ifs” and no “buts”?

[Lord Wallace of Tankerness]

The noble Lord can take it as being as firm an assurance as any Minister could possibly give. There are ongoing discussions. It has been discussed by the Secretary of State with the Welsh First Minister and Deputy First Minister. There is co-operation between the respective Administrations that that should happen. I should add that the One Wales agreement of the coalition agreement in the National Assembly for Wales seeks a referendum before next year’s elections. As part of the respect agenda, we would try to honour that commitment.