Wales Bill

Nia Griffith Excerpts

Monday 12th September 2016 Commons Chamber

[Alun Cairns]

A host of considerations, debates and discussions are taking place between the Wales Office, the Welsh Government and the Department for Transport, and we are conducting detailed negotiations over the franchise arrangements. We need to find suitable arrangements that will protect Welsh passengers and the accountability and responsibility of the Welsh Government, but let us not forget that that extends across the border. The Manchester-to-Cardiff line, for example, enters significant elements of England. The fact that a significant number of passengers will be domiciled or residing in English constituencies, and their right to seek redress through the parliamentary process, are details that we need to continue to discuss.

We are in a positive position with the Welsh Government, and I am anxious to continue on that basis. Accepting the new clauses and the amendment could undermine that positivity, and the franchising process. We intend to use other powers—under the Government of Wales Act 2006—to devolve franchising functions, in agreement with the Welsh Government. That would achieve many of the objectives that the new clauses and the amendment seek to achieve.

[Nia Griffith (Llanelli) (Lab)]

Will the Secretary of State explain clearly to us what the difference is between a German state-owned railway running a railway in Wales and a public body in England, or a Welsh Government-supported public body, doing so over the border?

[Alun Cairns]

The hon. Lady will be fully aware that the rail franchise is a Wales and borders franchise, and that a significant number of passengers cross the border. The line itself crosses the border. It may well be the will of the Welsh Government to set up a state-run rail operation, but that clearly has implications for reserved or English matters, and the United Kingdom Government will want to protect both Wales and England in the process. Positive discussions are taking place about how we can best secure an efficient, effective, operating railway in Wales. The notices from the Official Journal of the European Union have already been issued, and, all being well, the franchise will take effect in April 2018.

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[Liz Saville Roberts]

We would argue that a distinct legal jurisdiction is needed for the quality of decisions to be made consistently. We are travelling in that direction. We need clarity on the matter. To be simple about it and not to reiterate the details that are in the amendment, the Welsh Assembly is the only legislature in the world that does not have its own jurisdiction. That in itself is a pretty clear argument.

We offer the Government a pragmatic solution to the issue that will ensure the long-term sustainability of this devolution deal for the people of Wales. Obviously, Plaid Cymru would prefer to see a clean break, with the creation of a separate legal jurisdiction, but our amendment offers a reasonable position that I hope the whole House will recognise as necessary. For this reason, I will be pressing the amendment to the vote.

On the Government and Opposition amendments, new clause 4 stops the devolution of decision-making powers over when to hold elections for police and crime commissioners in Wales. As it is another example of this Government’s shameful misunderstanding of what devolution means, we will not support this amendment if it is pressed to the vote, but we do not intend voting against it. Government amendments 3 to 8 are uncontentious and technical, and warrant no further discussion at this point.

A number of Government amendments are based on recommendations made in July by the Presiding Officer of the National Assembly for Wales, Elin Jones. Plaid Cymru had tabled these amendment in earlier stages and we are pleased to see that the Secretary of State has now endorsed our position. We are disappointed, however, that the Government have failed to recognise the Presiding Officer’s recommendations concerning the legislative consent process and the restoration of the Assembly’s current ability to legislate in an “ancillary” way on exceptions from competence.

Amendments 9 to 12 give the Presiding Officer, rather than the Secretary of State, powers over when to call a Welsh general election. These amendments, based on the Presiding Officer’s recommendations, are welcomed by Plaid Cymru and will be supported. We support Government amendments 14 to 18, which make changes to the finance provisions in the Bill. These are further examples of amendments proposed by the Presiding Officer which the Government have accepted. We also support the related consequential amendments, Government amendments 30, 31, 44, 48 and 51.

Amendments 19 to 22 laid by the Government insert the Welsh names of institutions into the Bill for clarity. These amendments are not controversial. Government amendment 26, which clarifies the ability of an Assembly Act to specify the prosecutor of an offence within devolved competence, is also based on the recommendations made by the Presiding Officer. I appreciate the Secretary of State’s explanation of this clarifying amendment, which we support.

Plaid Cymru also supports Government amendments 28 and 29. Amendment 28 allows for changes to the role of the Children’s Commissioner by the Assembly. Amendment 29 removes prohibition on the ability of an Assembly Act to modify sections 145 and 145A of the Government of Wales Act 1998, relating to examinations and studies by the Auditor General for Wales—again, a change suggested by the Presiding Officer. Government amendments 32 and 34 to 36 are technical changes or remove errors in the wording of the Bill. Government amendment 33 clarifies areas in which areas UK Ministers will retain authority. Although this is a technical change, we fundamentally disagree with the principle of this section of the Bill and will, if necessary, vote against the amendment.

Government amendments 39 to 42 increase the number of devolved bodies listed in schedule 4. We are pleased that the list has expanded, but the fact that the Government has had to expand it before the Bill is even enacted illustrates what Plaid Cymru has said from the beginning—that the Bill is overly restrictive and in the long term will inevitably become unworkable.

Amendment 43, tabled by the Government, allows Orders in Council to be used to make provision for proclamations related to the timing of elections, as provided for by amendments 11 and 12. As we support amendments 11 and 12, we will also support this amendment. Government amendment 49 is a technical change relating to the understanding of Wales public authorities. This amendment is not contentious. Government amendments 52 to 57 are either consequential or technical amendments. There is no need for comment on them at this time.

In conclusion, I look forward to the Secretary of State’s response.

[Nia Griffith]

I rise to speak to new clause 3, on railways, and to amendment 2, on the community infrastructure levy.

Back in our Labour manifesto for the 2011 Assembly elections, we put forward the idea of exploring the possibility that a not-for-profit organisation should have the option to bid for the Wales and Borders rail franchise, in the same way that Dŵr Cymru Welsh Water is owned by a not-for-profit organisation. Giving the Welsh Government further powers over rail transport brings decision making closer to people in Wales. Currently, the provisions of the Railways Act 1993 mean that it is not possible for a public sector body to bid for the franchise, which limits the options. Yet, ironically, a German state-owned company can operate the very same franchise.

[Alun Cairns]

I hope I can provide clarity and be helpful. Many interventions earlier—and what the hon. Lady is alluding to—related to Glas Cymru. Can I clarify that Glas Cymru is a private company with no shareholders? Nothing precludes Glas Cymru, or a company such as Glas Cymru, from bidding for the franchise, because the Railways Act 1993 prevents just Crown local authorities or associated bodies from bidding.

[Nia Griffith]

I thank the Secretary of State for his clarification.

The Bill offers an excellent opportunity to give the powers I mentioned to Wales, giving us the same powers as Scotland now has under the Scotland Act 2016. I do not accept the Secretary of State’s pretext for not accepting the new clause—that the time is wrong. This measure could be included in the Bill, whether or not sufficient time is available for bidding under any particular franchise timetable—the measure would be in the Bill, and it would be ready for whenever a new franchise timetable was put in place.

The Secretary of State has now clarified the point about Dŵr Cymru, which, of course, does serve customers in England—we need to remember that. I am sure that a Welsh-operated rail service could equally do so, whether operated by a public body, a not-for-profit organisation or a private company.

The Welsh Government have a strong track record of supporting rail services, from strengthening the Loughor bridge so that the dual track could be restored to ease congestion, to improving the valleys lines and pushing for electrification; supporting improvements to stations and surrounding areas, including integrated transport hubs, and developing plans for the Cardiff metro—not to mention supporting the Heart of Wales line, with exciting plans now to link the line to community regeneration, and looking at the feasibility of reopening the Carmarthen to Aberystwyth line. We now need to drive forward further connectivity across the Swansea Bay city region by improving services to and from Llanelli, Burry Port and Kidwelly and by developing the Swansea 9 lines services in the valleys around Swansea. I very much hope that the Secretary of State will rethink and will give the Welsh Government full powers and full options to look at every possibility for allowing not-for-profit companies, publicly owned bodies and so forth to bid for railway services in Wales.

On the community infrastructure levy, planning matters are wholly devolved, so it makes sense that the community infrastructure levy should be devolved too, given that it is an integral part of planning. The Secretary of State makes the point that developers could be put off by differences. Well, there are already some differences. The same argument was used against devolving building regulations, but they have now been devolved. It is up to the Welsh Government to think through whether particular differences will be a disadvantage or an advantage to Wales. Having the powers does not necessarily mean that they will have to make things different for the sake of being different; it is a discretion that is there to be used. It is crazy not to devolve this power when the CIL is so much part of the planning system.

[Chris Elmore (Ogmore) (Lab/Co-op)]

I declare that I am a county borough councillor in the Secretary of State’s constituency, although I do not receive an allowance for that. I can speak ad nauseam about the CIL, having served as a councillor for the last eight and a half years in the Vale of Glamorgan. There is a clear line, and I hope my hon. Friend will agree. In terms of planning controls and building controls, but specifically around the CIL, there are already differences, as she mentions, by county borough. In certain counties, such as the one I represent as a councillor, the CIL is significantly higher than, for example, in the one represented by my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones). Surely it makes absolute sense to have that devolution so that the Welsh Government can set priorities with Welsh local government, rather than relying on the Department for Communities and Local Government.

[Nia Griffith]

Indeed, my hon. Friend is absolutely right—we have the explanation from the horse’s mouth, because he had to deal with this practically, in his everyday business, before he came into this place. I hope the Secretary of State will look again at this and consider very seriously the devolution of powers over the community infrastructure levy to the Welsh Government.

[Carolyn Harris (Swansea East) (Lab)]

I stand to speak to new clause 2 on fixed odds betting terminals. I welcome this amendment to the Wales Bill to confer legislative competence on the National Assembly for Wales to enable it to address the issue of FOBTs in Wales.

As Members will know, I have a long-standing concern about the growth and proliferation of FOBTs across the United Kingdom, and especially in Wales, as the Member of Parliament for Swansea East. That concern is shared by many in Parliament, and that has led to the formation of an all-party group on fixed odds betting terminals, of which I am proud to be the chair. The group is running an inquiry into FOBTs to assess their impact, and we will report to the Government early in the new year.

The new clause would confer legislative competence on the National Assembly for Wales to enable it to address the issue of FOBTs in Wales. That follows the adoption by the Welsh Assembly last year of a Back-Bench motion, supported by Members of all four parties then represented in the Assembly, calling attention to the social problems arising from the increase in gambling, and calling for consideration to be given to devolving responsibility over this matter to enable the Assembly to address it effectively.

The new clause is to be welcomed because it will add some additional control over FOBTs located in all new betting premises in Wales. Given the current low level of regulation surrounding FOBTs, any additional regulation is to be welcomed. The new clause would also, rightly, give Wales parity with Scotland in relation to FOBTs—there is no reason why there should be greater protection of the vulnerable in Scotland than in Wales or, indeed, in the rest of the UK.

However, while the new clause is a useful first step, it does not go far enough in protecting vulnerable communities and high streets in Wales. In particular, it is not retrospective, so it could enhance the value of current betting shops and will not limit the current proliferation of bookmakers and FOBTs. Instead, it will create a protected monopoly of existing betting shops. Moreover, the proposal could be challenging to implement on competition grounds, since it will alter the composition of new betting shops as opposed to current ones. How we implement the new powers in the Bill would also be a question to consider.

Many have reached the conclusion that the only effective way to tackle the problem of FOBTs is to reduce dramatically the stake that can be wagered on these machines from its current level of £100. That has not been addressed in the new clause, and it is the size of the stake that many see as the real issue with FOBTs.

There will be a “Panorama” programme tonight on this very issue, which will expose the problems that these machines are causing and the need for far more stringent regulation of them. I urge all Members of the House, if possible, to watch the programme. Nevertheless, I support the new clause as a first step.

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[Guto Bebb]

The aim of the negotiations between the Welsh Government and the Treasury is to ensure a fair funding formula for Wales. On transparency, I think the hon. Lady is aware that decisions on spending in Wales are decisions for the Welsh Government, so the transparency issue will arise at that point. I can assure her that the ongoing discussions between the Treasury and the Welsh Government are being conducted in the spirit of co-operation. We want the levy to succeed. Whether a young person is from Wales or England, the aim is to ensure there is support for that person’s training. We are therefore fully committed to working with the Welsh Government, but to devolve this tax would create a complexity that is unjustified in the context of the border between England and Wales, and owing to the fact that the border is so different to the situation in Scotland. That is why we think the amendment is misguided.

[Nia Griffith]

Will the Minister give us an assurance that he will do everything possible to hurry up the negotiations and ensure that everything is done to facilitate the smooth operation of the apprenticeship levy? There is a lot of uncertainty for Welsh colleges and Welsh young people about how it will work.

[Guto Bebb]

When the Minister concludes the discussions, hon. Members will be involved. We will certainly try to ensure that the figures in question will be made available. We will be aware of the funding stream that will be made available to the Welsh Government. The expectation is that in view of the number of companies in the UK when compared with the number of companies in Wales as a percentage, Wales will do comparatively well out of any UK-wide settlement, rather than having a devolved response as indicated by the amendment. The expectation is that the discussions between the Welsh Government and the Treasury will be positive. We will be more than willing to provide figures on the support provided to the Welsh Government in relation to the levy.

New clause 11 seeks to introduce a statutory duty for the Government to keep policing in Wales under review. It is intended that the duty should include keeping under review the question of whether policing in Wales should be devolved to the Assembly and the Welsh Government, and would require the Government to provide the Welsh Ministers with an annual report on this matter. I cannot support the proposal. The delivery of an efficient and effective police service to the people of Wales must be our first priority, and we should be very wary of anything that distracts from that. I have serious concerns that the introduction of a statutory requirement to keep this matter under review and to produce an annual report would be just such a distraction that would have a destabilising effect on policing in Wales.

The Silk commission recommendation to devolve policing was considered as part of the St David’s Day process and there was no consensus to take it forward. I remind hon. Members that policing in Wales has already been localised. Everyone in Wales has a direct say in policing in their area through their locally elected and accountable police and crime commissioners. I remind the House that two of them are members of Plaid and two of them are members of Labour, so it cannot be argued that the localisation of the decision to elect PCCs has benefited the Conservatives.

The current England and Wales-wide arrangements for policing work well and the proponents of devolution have failed to adequately address the significant risks that would arise if those arrangements were disrupted. Should circumstances significantly change, I would expect there to be further consideration of this matter. However, in my view new clause 11, which would have the effect of keeping this matter under perpetual review no matter what the circumstances, is unnecessary; indeed, I think it would be counterproductive.

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[Nia Griffith]

I welcome the additional energy consents that the Government are now going to include in the Bill, and I especially welcome the measures relating to grid connections. When planning consent has been determined in Wales for energy projects such as wind turbines, the issue of grid connection has imposed an additional bureaucratic burden. Until now, it has been a matter reserved to the United Kingdom Government, which makes no sense at all.

I support amendments 70 to 76, tabled by my hon. Friend the Member for Newport West (Paul Flynn), which would extend the Welsh Government’s power to determine planning consent for energy projects not just to 350 MW, but to 2,000 MW. That would cover not only the Swansea tidal lagoon but the planned further lagoons for Cardiff and Newport, and I hope very much that Members will support the amendments. Not only do tidal lagoons offer predictable clean energy, but the Swansea proposal will not cost the taxpayer a penny until it actually produces electricity, and, moreover, the bosses are very committed to sourcing components as locally as possible. The beneficial effect of companies producing components for tidal lagoons not just in Swansea but in Cardiff and Newport will be apparent to all.