Wales Bill

Madeleine Moon Excerpts

Monday 12th September 2016 Commons Chamber

[Alun Cairns]

The hon. Gentleman makes an important point. There was significant progress in the turnout of PCC elections, as the hon. Member for Newport West (Paul Flynn) said, when they were on the same day as local elections. That continues to be the desired timing of PCC elections. The purpose of the amendments I mentioned relates to the franchise for those elections. The Welsh Government may want to make changes to the franchise or consider the timing of PCC elections. We would like them to continue to be on the same day as local government elections, as per the last PCC elections.

[Mrs Madeleine Moon (Bridgend) (Lab)]

I want to be clear on the separation of the franchises for PCC elections and for local government elections. Does the Secretary of State have concerns—they have perhaps not been expressed—that 16 or 17-year-olds are seen as fit and able citizens to vote in elections that deal with social services, planning and education, but that they are seen as not capable of voting in elections for police and crime commissioners? Is that what he is trying to suggest, because I would find that very worrying?

[Alun Cairns]

I suspect the hon. Lady has misunderstood the points I am trying to make. I am seeking to give the Welsh Government freedom in the franchise for local elections, but the current legislation ties the PCC franchise to that of local elections. Should the Welsh Government want to make a change in Wales because of their policies or desires to extend or amend the franchise within the powers conferred in the Bill, it should not be consequential on UK Government policy, and PCC elections are reserved.

It is for the Welsh Government to decide who is eligible to vote—the hon. Lady mentions age—and that is not tied or linked to the policies of the UK Government of the day, whoever they may be. I hope this proposed legislation will be settled for many years and decades to come. Extending or curtailing the franchise, in particular in relation to local elections in Wales, is a matter for the Welsh Government rather than the UK Government. Similarly, any consideration of the franchise for PCC elections is a matter for the UK Government. They are linked under current legislation. The amendments seek to separate that link, so that the responsibility lies with the respective legislature. I hope that clarifies the points raised about a number of amendments. The intention is to give greater freedom to the Welsh Government, so that if they want to change the franchise they are not restricted by the franchise that already exists for PCC elections from this place.

Amendments 14 to 18, 29 to 31, 44, 58 and 51 make a number of technical changes to arrangements in clause 12 and related schedules relating to financial control, accounts and audit. Since introducing the Bill, the Government have continued to discuss its financial control provisions with the Welsh Government and the Assembly commission. The amendments arise from those discussions. Amendment 16 inserts provision in section 124 of the Government of Wales Act 2006, equivalent to the provisions of the Scotland Act 1998, so that a sum paid out of the Welsh consolidated fund may not be applied for any purpose other than that for which it was charged or paid out.

Amendment 29 removes the prohibition on an Assembly Act, amending section 145 or 145A of the Government of Wales Act 1998, which makes provisions for examinations and studies by the Auditor General for Wales. Amendment 18 removes from the Comptroller and Auditor General reserve powers to carry out examinations regarding payments into and out of the Welsh consolidated fund, and the power to carry out value-for-money studies in relation to Wales public authorities. All amendments in this grouping are consequential on amendment 18, to remove the Comptroller and Auditor General’s powers over specific Welsh public authorities. With these amendments, the Auditor General for Wales will be the sole auditor of Welsh funds and Welsh public bodies. The Government have confirmed with the Comptroller and Auditor General that he is content with the removal of these powers, which have never been exercised.

Amendment 28 similarly results from discussions with the Welsh Government and removes the reservation for the Children’s Commissioner, whose post was established through the Children Act 2004. The UK Children’s Commissioner will be a reserved authority subject to the restrictions in paragraphs 8 and 10 of new schedule 7B. The effect of paragraphs 8 and 10 is that a provision of an Assembly Act cannot change the UK Children’s Commissioner’s functions unless the Secretary of State has consented. Removing the reservation will ensure that there are no barriers to the Assembly amending the functions or constitution of the Children’s Commissioner, provided the consent of the UK Government has been obtained.

Amendment 32 removes a needless provision from the Bill, paragraph 9(5) of new schedule 7B to the Government of Wales Act 2006. The amendment is being tabled in the interests of brevity and to avoid confusion, and at the suggestion of the Welsh Government. I am grateful to them for raising this point.

Amendments 34 to 37 remove from new schedule 3A several functions that are currently listed as concurrent, but have in fact either been repealed or transferred entirely to Welsh Ministers. Amendment 38 inserts into new schedule 3A concurrent functions provided for in clause 7 on the UK digital service in relation to Assembly elections and local government elections in Wales. The need to make the changes to new schedule 3A has been agreed as part of the constructive discussions on the Bill that my officials and I are having with the Welsh Government. The amendments are relatively minor and technical, but they are necessary to ensure the Bill delivers a clear and coherent devolution settlement for Wales.