Wales Bill

Nia Griffith Excerpts

Tuesday 24th June 2014 Commons Chamber

[Paul Murphy]

I do not think for one second that the model is a panacea for all the issues and problems that we face, but I think that it will give tools to the National Assembly and the Welsh Government that they currently may not have and make it easier for them to resolve various issues. I do not suggest for one second that the model means that we will have to end the important cross-border co-operation that exists, or that there will be no need for the Governments to discuss matters. Of course that will have to happen, because of points Members made earlier; large swathes of the population live on the border in Wales, in contrast to Scotland. I agree with the Minister that this model is not the complete answer but it is an answer. It is also an answer in the light of what both parties are thinking with regard to Scotland. Whatever happens in Scotland—like me, the Minister will argue for a no vote—it will undoubtedly change the political and constitutional landscape of our country and so Wales must be in a position to take part in that. Otherwise, we will be seen as an adjunct to a very large England, with Northern Ireland, with its own special issues, on one side.

Therefore, I agree with the new clause. I am sure that my hon. Friend the Member for Llanelli will be able to make the points that I have not made and that have been discussed by Members.

[Nia Griffith (Llanelli) (Lab)]

The new clause calls on the Secretary of State to issue a report on the further legislative steps needed to move to a model of reserved powers for the National Assembly for Wales. It seeks to prepare the way for Wales to enjoy the reserved model of powers, so that legislation should set out the areas that are reserved for the UK Parliament, rather than trying to define all the areas that Wales can legislate on.

The current situation is that the model of devolution in operation for Wales is the conferred powers model. Following the referendum in March 2011, the National Assembly for Wales was empowered to make primary legislation in the 20 broad policy areas. Therefore, the areas where the National Assembly can legislate are conferred upon it and listed in the statute. However, Scotland and Northern Ireland enjoy the reserved powers model, which means that the legislation sets out the areas where the devolved legislature cannot legislate—areas that are reserved to the UK Parliament.

[Mr Mark Williams (Ceredigion) (LD)]

At least three parties in the House support the reserved powers model, but can the hon. Lady explain what is meant by subsection (2) of the new clause? The hon. Member for Arfon (Hywel Williams) made this point. It says:

“Part 2, except the referendum-related provisions and sections 19 and 20 shall not come into force until the report has been laid in accordance with subsection (1).”

What is that caveat? What is the hold up in moving towards a reserved powers model in the new clause?

[Nia Griffith]

That provision is to ensure that the report is actually laid. That is the point of it. It says, “Let us make sure that this is a genuine part of what happens during the passage of the Bill, rather than the issue being kicked into the long grass.” Otherwise, the danger is that the new clause, which asks for further progress on reserved powers, would just be kicked into the long grass. That would be the problem. It is integrally linked now with the progress of the Bill.

[Mr Williams]

Is there any link with the point made by the hon. Member for Arfon about the financial provisions of the Bill?

[Nia Griffith]

The whole point is that this is what we want to see. We are committed to a reserved powers model and that is what we would like to see progress on. It seems a missed opportunity not to have that in the Bill, so we want to put it in.

[Mr Williams]

I share the passion for the reserved powers model. The point the hon. Lady is making about the contrast with Scotland and Northern Ireland is an admirable one. My party leader has said that. So has Plaid Cymru and elements of her party, but why do we need subsection (2) of the new clause? I do not understand. Why can we not proceed with the reserved powers model anyway?

[Nia Griffith]

The important thing is that we are firmly committed to the reserved powers model and we wanted to find a way to put that in the Bill. We have put it in the new clause in this way because that is what we have been advised.

The Silk commission part 2 makes the recommendation that Wales would be better served by the reserved powers model, and it therefore seems to us that the Bill provides an ideal opportunity to pave the way for that change. Not to do so would be a missed opportunity, which is why we are proposing the new clause. The model is already there for Scotland and Northern Ireland.

My right hon. Friend the Leader of the Opposition confirmed our commitment to a reserved powers model when he announced at Welsh Labour conference that Labour has a manifesto commitment for next year’s general election to introduce a

“new Government of Wales Act, with powers assumed as devolved to Wales, unless specifically reserved. Bringing Wales into line with Scotland—modernising and advancing the devolution settlement for generations to come.”

Labour is the party that brought devolution to Wales and Scotland. It remains the only party that is committed to and can deliver devolution in the UK and get the best deal for Wales. Therefore, let us look at why we believe that the reserved powers model would serve Wales better than the current model.

As the Welsh Government told the Silk commission:

“The reservation model is a technically superior method of devolving legislative competence on a devolved legislature. In our view, the conferral model is incapable of prescribing with any degree of certainty exactly what the Assembly can legislate about…The Welsh model therefore lacks…clarity and certainty, and much time is spent addressing potential arguments about whether provisions of a Bill relate to such undefined subject-matter.”

Indeed, the submission from the Hywel Dda institute of the Swansea university school of law also concluded that

“the reserved powers model is, in principle, superior in terms of accessibility, clarity, stability, sustainability, effectiveness and consistency with the principle of subsidiarity”.

[Mr Llwyd]

I am listening intently to the hon. Lady’s arguments about the benefits of a reserved powers model, and I fully agree with her. I was here when the original Wales Bill was drafted some years ago. Why was it not put in as it was for Scotland at that stage, rather than the conferred model?

[Nia Griffith]

I very much hope that the right hon. Gentleman will welcome the move forward that we are making in light of the referendum that showed that the people of Wales wanted to go that step further. I think it reflects the mood and the present situation in Wales.

I am very pleased to hear that the hon. Member for Ceredigion (Mr Williams) is offering his support, particularly as his hon. Friend the Member for Brecon and Radnorshire (Roger Williams) stressed his wholehearted support for a move towards the reserved powers model only a few weeks ago here in this Chamber. His thoughts were, of course, echoed on 16 June by the Deputy Prime Minister:

“So, what you will find in our manifesto is a commitment to implement Silk 2 in full.”

I hope today that we will see that support demonstrated in full by his party.

As for the Secretary of State for Wales, I think I will have a rather more difficult time persuading him to even contemplate moving to a reserved powers model for Wales. Indeed, he is on record as preferring the current settlement and I suppose even that is a big step forward for him from our days together on the Welsh Affairs Committee, when he wanted a referendum to make provision for turning the clock back and reversing the devolution settlement.

That brings me on to further evidence for wanting to move to a reserved powers model. As hon. Members will know, since the Welsh Assembly received its full law-making powers in May 2011, there have already been three referrals to the Supreme Court seeking clarification as to whether proposed legislation is within the competence of the Assembly. Two of those referrals have been made by the Attorney-General. The first of those was the Local Government Byelaws (Wales) Act 2012, which was passed by the Assembly in July 2012. The Supreme Court delivered a unanimous judgment in November 2012 that it was within the competence of the Assembly. That process both delays the legislation and comes with a cost.

In this case, the legal cost of the Treasury Solicitor’s Department for representing the Attorney-General in relation to the Bill was £59,000. The legal cost incurred by the Welsh Government was £30,000 and about £15,000 was spent on civil service time in the Wales Office. The First Minister’s spokesman called it a

“ridiculous situation that has arisen on what is a totally uncontroversial piece of legislation…The primary policy objective of the Bill is to simplify and rationalise how local authorities make byelaws to deal with nuisances in their areas…So why the UK government has decided to take this to the Supreme Court, at the last minute, is inexplicable.”

You really do have to ask yourself, Madam Deputy Speaker, why the Secretary of State even thought it necessary to ask the Attorney-General to refer it in the first place. It is difficult not to conclude that it had something to do with his general antipathy to any new steps in devolution.

The second referral by the Attorney-General was the Agricultural Sector (Wales) Bill, passed by the National Assembly for Wales in 2013, and we are still awaiting the outcome. That Bill seeks to retain in Wales an equivalent of the Agricultural Wages Board, which has been abolished by this Government in England. It therefore represents a difference in policy between the UK Government and the National Assembly for Wales.

Yet again, we saw it referred by the Attorney-General. You might almost suspect, Madam Deputy Speaker, that that was a referral made by the UK Government because they disagreed with the legislation and were unwilling for the Welsh Assembly to do things differently. But to most people, it just looks like wasting public money, fighting an expensive legal battle to try and stop the Labour Welsh Government retaining an equivalent board in Wales to protect Welsh farm workers—a move that has the support of the Farmers Union of Wales and people in Wales.

Furthermore, as my right hon. Friend the Member for Torfaen (Paul Murphy), who has direct experience of these matters, said in a previous debate, when he was Secretary of State for Wales, disputes between the devolved Administrations and the United Kingdom Government were resolved at a governmental and political level and they should never get to the stage where they are resolved by the courts. He stressed that there is machinery within Government for resolving disputes between the devolved Administrations and their Parliaments and the UK Government.

--- Later in debate ---

Removal of restriction on standing for election for both constituency and electoral region

[Nia Griffith]

I beg to move amendment 13, page 1, line 9, leave out clause 2.

[Madam Deputy Speaker (Dame Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 14, in clause 28, page 30, line 19, at end insert “except section 2”.

Amendment 15, in page 30, line 37, at end insert—

‘(8) Part 1, section 2, comes into force when a Welsh Government Minister has laid a report before the National Assembly for Wales containing a statement to the effect that the Welsh Government, with regard to the electoral arrangements of the National Assembly for Wales, is content with fairness of those arrangements.’.

Government amendments 6 and 7.

[Nia Griffith]

Amendment 13 would remove a clause which would make it possible for people to stand both on the regional list and in the constituency. A bizarre argument is put forward in favour of dual candidacy—if dual candidacy is not allowed, the smaller parties in Wales may struggle to find sufficient candidates of any quality—but if such parties expect the electorate to take them seriously as parties that could help form a Government in Wales, they need to demonstrate that they can find enough additional candidates to field on each of the five regional lists.

Could this problem of finding candidates be something to do with which parties we are talking about and what they believe in? Could it be that young people in Wales are not rushing to put themselves forward as Conservative candidates because they know that the Conservative party in Westminster abolished the education maintenance allowance, while the Labour Welsh Government have retained it, or because the Conservative Government here did away with Labour’s future jobs fund, whereas the Labour Welsh Government have launched a similar programme, Jobs Growth Wales, focusing on the private sector? There is also the issue of university tuition fees.

Could it be that people are not coming forward as candidates for Plaid Cymru because they do not want an independent Wales, or because they do not want to support cutting tax for the better off, as Plaid Cymru’s economic adviser, Adam Price, has confirmed is its policy? People have realised that Plaid Cymru is not the progressive party it pretends to be, but a reactionary party.

Perhaps people do not want to put themselves forward as Lib Dem candidates as they are somewhat confused. One minute we hear that the Lib Dems are in favour of a reserved powers model, yet we struggled to see any of them in the Lobby with us, supporting our amendment. I am not sure where they are now.

People simply do not like to think that they have bothered to go out to vote, only to find that although their preferred candidate won, the candidate or candidates they rejected also got in. We all remember the Clwyd West scenario where the Labour candidate won the constituency—

[Pete Wishart (Perth and North Perthshire) (SNP)]

What advice has the hon. Lady had from her colleagues in Scotland on this issue, given that they are now almost totally dependent on the list for their membership in the Scottish Parliament and have reviewed their whole attitude towards dual candidacy? It is a democratic good, according to Scottish Labour.

[Nia Griffith]

I am not casting aspersions on any individual list candidates. We have two excellent Labour list Assembly Members in west Wales—Rebecca Evans, who champions disability issues, and Joyce Watson, who champions human trafficking issues. They are doing an excellent job, because they are focusing on topics, not sitting like some great cuckoo on one constituency out of eight and making that their sole focus of attention, ignoring what is happening in important aspects of the other seven constituencies that they represent.

We have seen such abuse in Wales before. I am sure my right hon. Friend the Member for Neath (Mr Hain) will remind us again, as he has done many times, of the blatant abuse of the list system. He has quoted frequently from the leaked memorandum from Leanne Wood, the leader of Plaid Cymru, in which she gives explicit instructions to her party’s list Assembly Members to direct their time and resources, paid for by the taxpayer, to Plaid Cymru’s target seats.

Some people say that putting into the 2006 Act the clause that prevents an individual from standing for both the constituency and the list was a partisan move by the Labour Government, but we knew full well that it would also prevent our candidates from standing for both. We had at least four sitting constituency AMs who we knew were likely to be vulnerable to electoral change in the 2007 Assembly election and who could have hedged their bets by standing for both. That might have been very cosy for them, but as a matter of principle we knew how much the electorate hated it. On the doorsteps we heard people ask, “What difference will it make if we go out and vote?” It was extremely difficult to convince people after the Clwyd West scenario, because whoever the constituents voted for, all four parties were elected.

It was extremely important to us to stand by our principle, rather than making some sort of cosy situation for our AMs. In fact, I would go so far as to say that in some circumstances, depending on the specific arithmetic for the region, a candidate who could stand for both the constituency and the list could be pretty much guaranteed to be elected on one or other of them. That could breed a certain complacency, which would not serve the electorate well at all. We take issue with the accusation that this is a partisan point, because it is a point of principle. We strongly oppose clause 2, which seeks to turn the clocks back and allow dual candidacy. Our amendment therefore seeks to remove that clause from the Bill.

Our view is that the Assembly’s electoral arrangements should be decided in Wales, so we have also tabled an amendment proposing that an order should be laid in the Assembly by the Welsh Government before any change on dual candidacy can be implemented. I hope that Members will vote for our amendments.

[Mr Peter Hain (Neath) (Lab)]

I, too, wish to speak in favour of amendment 13 and against clause 2 remaining in the Bill. The Secretary of State and other Members who have taken part in our proceedings on the Bill might recognise some of my comments from my single transferable vote speech on dual candidature, because I remain firmly opposed to that abuse of democracy. However, I will be brief, because my favourite premiership player, Frank Lampard, is captaining England at 5 o’clock, and I know that even Members from Welsh constituencies, with the possible exception of our Plaid Cymru friends, will want to cheer them on in their final game.

I repeat my basic argument, which I have expressed throughout the Bill’s proceedings, and the rationale for my ban on dual candidature in the 2006 Act: it cannot be right for losers to become winners through the back door, despite having been rejected by the voters. That is an abuse of democracy. People who stand for a single-Member seat and then lose can end up being elected anyway, in defiance of the electorate’s wishes, because at the same time they are in a list category, and that is an abuse of democracy. There is no real argument against losers becoming winners in that way.

There was a widespread abuse practised by 15 of the 20 list AMs prior to the 2006 ban. They used taxpayers’ money to open constituency offices in the very single-Member seats in which they were defeated. They then targeted those seats at the following election by cherry-picking local issues against the constituency AMs who had beaten them. Why are they so afraid of taking their choice to the people, and why are the Government so afraid of democracy? Why are they so afraid of losing constituency elections that they need the lifebelt of standing for the lists as well? That is what the leader of Plaid Cymru, Leanne Wood, for whom I have considerable admiration despite all that, is doing in Rhondda. In a leaked memorandum written in August 2003, she was refreshingly honest about promoting abuse of the dual candidature system by list Members using taxpayers’ money.