Gleision Mine

Debate between Mark Harper and Lord Hain

Wednesday 26th November 2014 Westminster Hall

[Mr Hain]

The Minister will have noticed that I said, because I am worried about this, that the HSE report will be constrained by the trial verdict. I am worried that the HSE report will not be able to be as open as perhaps, for all I know, the mines inspectorate would like to be about its views on what really happened. Will he do whatever he can to try to ensure that that barrier, if it is there, as I suspect, is taken away?

[Mr Harper]

What the report can do is set out the results of the investigation. It can set out the facts that those who inspected with their professional judgment found in the mine. What it cannot do is rerun or revisit the questions that were investigated at the trial and the jury’s conclusion. I listened carefully to what the right hon. Gentleman said. I fear that he wants the HSE to be able in its report—I do not think it can do this—to answer questions about what was in the minds of the mine manager and those working there about the direction that they proceeded in. It simply cannot revisit those questions. My understanding is that those issues were dealt with at the trial. Evidence was put forward on both sides of the argument. The jury reached a verdict, and that is something that the HSE cannot reopen in its report and investigation.

[Mr Hain]

I am not asking for that. I am certainly not asking for the HSE to read the minds of those, including the mine manager, who were mining at the time. I am simply asking the Minister to try to create circumstances in which the mines inspectors, in the HSE report, can confirm that they suspect that the water, as I said in my speech, was where the mine plan said it was and that, therefore, a catastrophic misjudgment was made. For what reason and how, it would be impossible to speculate. I readily accept that, but the misjudgment was made none the less.

[Mr Harper]

What the inspectors will be able to do is set out the evidence they got from the site investigation. They cannot revisit questions that were dealt with at the trial.

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[Mr Hain]

I am very grateful to the Minister for offering to do that. Will he tell his colleagues at the Ministry of Justice that it is my strong view that the process should be resumed? There should be a full inquest.

[Mr Harper]

When I contact colleagues at the Ministry of Justice, I will put on record the fact that it is the strong view of the constituency MP that the inquests should be resumed. I am not familiar with the legal rules around the matter and I do not know what the position is, but I will contact colleagues in the Ministry of Justice. I will write to the right hon. Gentleman—and, because of their interest in the matter, to the other two hon. Members who are present—and set out the position. I hope that that is helpful and that it will go some way to meeting the concerns of the families who, as the right hon. Gentleman has said, have conducted themselves with great dignity throughout the process. I hope that offers some small measure of comfort, and I thank him for raising the matter in the Chamber today.

Question put and agreed to.

Wales Bill

Debate between Mark Harper and Lord Hain

Wednesday 30th April 2014 Commons Chamber

[Mr Harper]

Will the right hon. Gentleman give way?

[Mr Hain]

I would like to make a bit more progress, because although the hon. Gentleman was generous in taking interventions, his contribution lasted 40 minutes. I would prefer to be a bit briefer, and I normally am very generous.

The fact that, nevertheless, Scotland has retained dual candidature, in defiance of Lord Steel’s advice, is no reason for Wales to do the same. The Government simply will not acknowledge the fundamental democratic abuse of dual candidacy, which is that losers become winners, and that voters are second-guessed and contradicted by the system, their choices denied. The second significant measure the Scottish Parliament adopted after Arbuthnott tried to increase the accountability of regional MSPs to the electorate by changing the voting system and introducing an open list for regional candidates—not something this Bill provides—to give some measure of control for Scottish voters. That was done because the Scottish social attitudes survey 2003 found a high degree of opposition to the party control inherent in the list system. Voters in Wales enjoy no such privilege and the Government are not proposing to give it to us.

On the issue of dual candidacy, two different paths were followed: in Scotland it was through greater clarification of the roles of Members and by turning to open lists; and in Wales we felt that the ban was the right solution to dual candidacy abuse. Nearly a decade on from the Government of Wales Act 2006 I feel that we made the right choice, but much more must be done to give regional Assembly Members more accountability to the electorate. On candidacy, this Bill does nothing to further the evolution of Welsh democracy—indeed it puts it into reverse.

Over the past 15 years, the Scottish Parliament and Welsh Assembly have both evolved in different ways to better suit the needs of their individual electorates. As the Government’s proposal stands, we will return to some of the absurd anomalies we saw in 1999 and 2003. As has been mentioned, in Clwyd West in 2003 every one of the three losing party candidates nevertheless won. Let us also consider the following cases from the 1999 elections, when 17 out of the 20 regional Assembly Members elected lost constituency elections. Thus, more than three quarters of the regional AMs did not have a democratic mandate to represent people—voters had not voted for them—and 15 of these 20 had offices in the constituencies they failed to be elected in.

In the Conwy constituency the Lib Dem AM Christine Humphreys came fourth in the popular vote—she had less than 10% of the vote in Conwy—yet still became an AM for the North Wales region. In Wrexham the Plaid Cymru AM Janet Ryder came last in the constituency, with 2,659 votes—the constituency AM had 9,239 votes—and yet still became an AM through the back door. In Ynys Môn the Tory AM Peter Rogers won 6,031 votes, which put him third on the constituency list—the Plaid Cymru AM who won a majority had more than 16,000 votes—yet he still became an AM for the North Wales region. It is not a partisan argument but simply a truth to state that those results are fundamentally undemocratic.

In the 1999 election more than 215,000 Welsh men and women voted in the North Wales region. Were we to look at every individual who ran as a constituency candidate in that election and collate their votes, we would find that Christine Humphreys, Janet Ryder and Peter Rogers polled less than 6% of the total regional vote and yet still became AMs for that very same region. After two Assembly elections where this was a regular occurrence, and with almost half the population saying in 2006 that they did not understand how their electoral system worked, we sought to remedy confusion over how AMs could still get in through the back door. The ban on dual candidature was the right choice then and remains so now. We introduced the ban in 2006 to stop these anomalies and the confusion they produced in voters’ minds, but now the Government are proposing to start this all over again.

In 2006, Victoria Winckler, director of the Bevan Foundation, conducted a survey, which found broad support for the ban on dual candidacy. Her report also highlighted the need for greater education and understanding among the general public. This report qualified the findings of previous research into dual candidacy. It said that none of it had been sufficient to make a substantial case on whether or not the public were for or against it in elections, but that it did discover considerable public disquiet on the issue with broad support in favour of the ban.

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[Mr Hain]

No wonder Plaid Cymru is such an enthusiastic little helper to the Government on this clause. We should rename the Bill “Leanne’s lifeline”. I will give way.

[Mr Harper]

I have been listening carefully to the right hon. Gentleman’s argument and I do not understand this concept of the “back door”. I might be wrong— I am sure that Opposition Members will tell me if I am—but surely if party candidates are listed on the ballot paper and electors cast a vote in a regional ballot, which is a separate vote, they know the consequences of that vote. If someone on that list is elected based on the second vote that somebody casts, the voter will have known that that could happen. I do not know how the right hon. Gentleman can describe that as someone being elected by the back door.

[Mr Hain]

I realise that the hon. Gentleman is not a member for a Welsh seat, but the truth is that people in Wales feel that people are being elected by the back door when they turn down a particular individual as their constituency Member only to find that they are elected anyway. This description of such an election as “by the back door” seems to me to be valid.

Wales Bill

Debate between Mark Harper and Lord Hain

Monday 31st March 2014 Commons Chamber

[Mr Hain]

The facts seem to speak for themselves. We can have an argument about the degree to which people can express a preference, but the hon. Gentleman and his colleagues, led by the Secretary of State and the Prime Minister, persistently rant against the Welsh national health service as part of their war on Wales and completely distort the facts on the ground.

[Mr Harper]

rose—

[Mr Hain]

I will give way, although my speech is not about the Welsh NHS; I am merely responding to a point made by the hon. Member for Monmouth.

[Mr Harper]

I was not going to respond, but I cannot let what the right hon. Gentleman just said stand. Thousands of my constituents live in England and passionately want to be treated by the English NHS, according to the rules and the rights they have in law, but because their GPs based in England are registered with the NHS in Wales they are forced to be treated in Wales according to the NHS rules. They do not like that prospect and I am doing my best to change it, so please do not pretend that they have run away from the English NHS by choice, because they absolutely have not.

[Mr Hain]

In that case, I think the hon. Gentleman will find that the same applies for Welsh citizens on the Welsh side of the border. All I am saying is: let us have an intelligent debate about this, rather than rantings based on a misrepresentation of the facts on the ground.

Let me get down to my speech. In focusing on clause 2 of the Bill, I wish to record my pride at taking the Government of Wales Act 2006 through Parliament as the then Secretary of State, not least because it provided for the full law-making powers the Welsh Government are now using to protect the people of Wales from this Government’s disastrous policies, including on tuition fees and on the creeping privatisation of the national health service, which is not being applied by the Welsh Government. The fact that the Conservative party, the only party in this House to vote against the 2006 Act, now seems to have accepted that devolution is a sign of progress—I welcome that—but on the question of dual candidature it has sadly regressed. In section 7 of the 2006 Act, I amended one clause from the Government of Wales Act 1998 in order to prevent candidates from simultaneously standing both in a constituency and for a region, whether as a list candidate or as an individual—this Bill will disgracefully reverse that reform.

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[Mr Hain]

I have no idea whether the abuse that we have seen in Wales, which I am now documenting for the House, applied in Ukraine as well. Lord Richard chaired the commission—[Interruption.] I will now present a lot of detailed evidence on that abuse for the sake of the hon. Members who are seeking to intervene and the whole of the House. Lord Richard chaired the commission that reported in 2004. He recommended the extra powers for the Assembly, which my 2006 Act delivered. He told the Welsh Affairs Committee:

“There is something wrong in a situation in which five people can stand in Clwyd, none of them can be elected, and then they all get into the Assembly. On the face of it, that does not make sense. I think a lot of people in Wales find that it does not.”

That is not me, a former Secretary of State who banned the abuse, speaking, but Lord Richard who carried through an eminent report.

The eminent Welsh Academic, Dr Denis Balsom—again, not a politically partisan figure—said in his evidence to the Richard commission:

“Candidates use the list as an insurance against failing to win a constituency contest. This dual candidacy can also confuse the electorate, who may wish to consciously reject a particular candidate only to find them elected via the list. It should remain a basic democratic right not to elect a particular candidate or to be able to vote a Member out.”

That is a right that the Government, supported by Conservatives and members of other parties in Wales, are seeking to deny the electorate. That is not democratically defensible.

[Mr Harper]

I am listening to the right hon. Gentleman’s argument, but I do not follow it at all. When we get a ballot paper in a first-past-the-post election, we have to choose a candidate—we have to vote for somebody. There is no option to say I do not like this person and to cast an anti-vote. I do not follow the idea that someone can vote against someone. They are choosing to vote for who they want to represent them in the Assembly or in Parliament. I do not follow the argument.

[Mr Hain]

I do not know what happens in the Forest of Dean, but in every other constituency if a candidate loses, they lose. If the electorate rejects them, if the voters vote against them, they lose. They do not find themselves parachuted back in to the Assembly, from which the voters have barred them, via another route.

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[Mr Harper]

I will make a little progress before giving way again.

Let me divert a little to address the points on which the right hon. Member for Neath (Mr Hain) focused his speech, which relate to clause 2. I did not follow his argument at all. Although he was making a point about the amendment in the Bill, the thrust of his speech seemed to be a criticism of how the list system operates in Wales. He said that it was a system that we could find only in North Korea, but then he rather shot himself in the foot when he had to admit that he was the system’s author. I know that he is a supporter of proportional representation—

[Mr Hain]

I am not, actually.

[Mr Harper]

Oh, he is not a supporter now; I thought that he was. The system is the one he invented. Given that the Electoral Commission, which is independent of any party, and three of the four parties in the Assembly are perfectly happy with what is proposed in the Bill, I do not think that he can claim that this is being done for partisan reasons.

[Mr Hain]

I was one of the authors, under the Secretary of State at the time, Ron Davies, of the Bill that allowed candidates to stand in both the lists and the constituency, which the Secretary of State is now seeking to reinstate, but I had no idea of the abuse that would take place, for which I think I have provided more than ample evidence. That is the point.

[Mr Harper]

The right hon. Gentleman made two points, one of which I agree is an abuse, from the way he outlined it. Of course, parliamentary resources—I presume the same is true for the Assembly—are given to us by the taxpayer for parliamentary work, not party political campaigning. If that was the thrust of the Plaid Cymru document he quoted, that would have been quite wrong. He suggested that there is something wrong with candidates standing for a constituency and then being elected from a list, but that simply reflects the fact that in a list system, and certainly in the one that was put in place in Wales, it is the party label that gets a candidate elected, not their individual qualities. It seems to me that candidates getting elected by virtue of their place on a list might be a good reason for not having a list system, but it is not particularly offensive or undemocratic.

On voting for or against people, about which the right hon. Gentleman and I had an exchange, perhaps I am naive, but I happen to think that when people vote in a general election they are voting for somebody. I certainly conduct my election campaigns by trying to give people reasons to vote for me at a constituency level and reasons to vote for my right hon. Friend the Member for Witney (Mr Cameron) as Prime Minister, for example, rather than by thinking up lots of reasons why they should not vote for my opponents. I hope that is how my opponent in my constituency will conduct himself as well. That might not be what happens in Wales, but it is how I try to conduct things in my constituency.

[Mr Harper]

I suspect that my right hon. Friend, as ever, is spot on. The right hon. Member for Neath, in his lengthy speech, gave some anecdotes about one or two people who did not like the fact that a candidate who had stood in the constituency was then elected on the list, but I heard no evidence of a wider view.

[Mr Hain]

With all due respect, I represent a Welsh constituency, which is not the case for either the hon. Gentleman or the right hon. Member for Chesham and Amersham (Mrs Gillan), I was Secretary of State for Wales and I travelled the length and breadth of Wales, and that matter was raised with me all the time. He mentions the Electoral Commission, which often adopts a kind of academic approach to these matters. That contrasts with the findings of Denis Balsom and other sources of credible evidence from Wales.

[Mr Harper]

Based on what the right hon. Gentleman has just said, it sounds as if he has a number of anecdotes, but in my experience the Electoral Commission, with which I worked closely when I was the Minister with responsibility for political and constitutional reform, takes positions based on evidence. It carries out thorough research and is always scrupulous about not taking a position that could be portrayed as partisan, and it guards that reputation jealously. It does not agree with him, as he acknowledges—I have not always agreed with it—but I would put rather more weight on its views than on his.

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[Mr Harper]

I am grateful for that point, which shows that the Government position is joined up across not just the Wales Office but the Treasury. The right hon. Member for Neath showed an astonishing lack of trust in the Treasury led by my right hon. Friend the Chancellor, whose excellent recent Budget cut taxes for those on modest incomes. The Labour party voted against those—against the fuel duty cut and the tax cuts for modest earners. I find that surprising.

[Mr Hain]

I do not trust the Treasury whoever is in power.

[Mr Harper]

I defer to the right hon. Gentleman, who has been a spending Minister in a number of Departments. For much of that period, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) was Chancellor, so perhaps it is not surprising that he takes that jaundiced view. Having dealt with my right hon. Friend the Chancellor, I have a more positive outlook on Treasury Ministers, and I have yet to be proved wrong.

[Mr Hain]

The only Treasury Minister I trusted was Madam Deputy Speaker, when she was in that Department.

[Mr Harper]

Madam Deputy Speaker, I shall not draw you into the debate. I am sure that, for the sake of your reputation at the Treasury, you would, if allowed, cast off that foul calumny. If the right hon. Gentleman thought that highly of you when he was a spending Minister, you could not have been doing your job as a Treasury Minister properly. We all know that you absolutely were; otherwise you would not have found your way into that Chair. I will close this aspect of the debate just there, before I find myself cut off against my will.

I have some questions for my right hon. Friend the Secretary of State, although I do not necessarily want him or the Minister to respond today; perhaps we can touch on the issues when the Bill returns to the Floor of the House in Committee. If the income tax provisions were devolved, how would they work? I looked carefully in the Bill at the definition of an individual Welsh taxpayer; it is to do with their usual place of residence. How complex will operating the system be for businesses, particularly for small and medium-sized enterprises? In a constituency such as mine, businesses will have staff resident in both England and Wales. If income tax varying powers were to be used by the Welsh Government, I would want to make sure that the burden placed on employers of English and Welsh residents was not significant and that the system was as easy as possible to operate—preferably with as little burdensome administration as possible. I will return to that issue in Committee, to make sure that it has been properly thought through.

I also want to check on the issue of stamp duty land tax. The shadow Secretary of State touched on it in a slightly facetious way when he discussed properties that straddled the England-Wales border. I want to make a serious point about the quality of the mapping involved. May I make a plea for us not to use postcodes in determining which nation the land is in? It is not the Post Office’s fault, but a lot of organisations are sloppy and do not use postcodes properly. They assume that everybody with an NP postcode lives in Wales, including my constituents in the southern part of my constituency. A lot of my constituents, who live in England, get bilingual letters from all sorts of organisations that assume they live in Wales. I hope that my hon. Friend can assure me that we will use a proper mapping system when looking at stamp duty land tax so that we make the right decisions about whether property is in England or in Wales and do not have the sorts of cross-border issues that I have seen as a result of devolution so far.

I support the proposal to move to fixed-year terms offset against the terms for this place. On balance, it is better to have elections in Wales that focus on the issues important to the people of Wales—and ensure that those running the Welsh Assembly and those wanting to be elected to it are properly held accountable—than elections that take place on the same day as a UK general election, because then the arguments would blur. One can argue it both ways—the hon. Member for Rhondda, who is no longer in his place, did so, as did several others when we were passing the Fixed-term Parliaments Act 2011—but I am pleased with the measure.

I have already said that I am happy with the proposal to reverse the change made by the right hon. Member for Neath, and I will say no more about that. We have had a lot of debate about it already, and I do not want to provoke any more.

I notice that the borrowing powers are already available to be used for the M4 development. That is a helpful proposal. I have been having an ongoing debate with some Labour Members about the Severn bridge tolls that is driven by the desire for improvements on the M4 to improve the economic benefits from that corridor. I have proposed a third Severn crossing, although that is not welcomed by all Labour Members if it means an extension of toll revenues. Some of the borrowing powers could enable improvements to the M4 link, which is very important for the economies not only of south Wales but of constituencies such as mine. The proposal is very welcome.

Overall, I welcome the Bill. I am glad that it has been well thought through as a result of the proposals from the Silk commission and that it had pre-legislative scrutiny in this House. I will certainly support it, and I look forward to debating it further on the Floor of the House.