M4 Upgrading: South Wales

Debate between Nick Thomas-Symonds and Stephen Crabb

Wednesday 14th November 2018 Westminster Hall

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

I beg to move,

That this House has considered financial support for the upgrading of the M4 in South Wales.

It is a pleasure to serve under your chairmanship for the first time, Ms McDonagh. I am pleased to see the Minister in his place. I appreciate that this subject is slightly off-topic for him, but in the absence of a Wales Office Minister or a Treasury Minister, we appreciate his presence. I ask that he feeds thoughts, remarks and insights from the debate to relevant colleagues.

I want to return to a subject that has been discussed many times over the years, in this place and the Welsh Assembly. It is a subject that every Welsh Secretary in the past 30 years and every First Minister of Wales during the devolution era has had to consider at some point. It is probably the largest and most controversial infrastructure project on the table in Wales; it is certainly the longest running. I am talking about the proposed upgrade of the M4 motorway around Newport to tackle severe congestion on a part of our road network that is vital for the whole south Wales transport corridor.

Most recently, the M4 project featured in last month’s Budget statement, when the Chancellor stated that he was willing to consider increasing Welsh Government borrowing powers to support the delivery of a new M4 relief road. That decision should receive scrutiny in the House.

Overall competence for road improvements in Wales lies with the National Assembly in Cardiff, and the decision on whether to go ahead at all with the M4 proposal is for the Welsh Government and Assembly Members alone. However, given the ongoing discussions with Her Majesty’s Treasury about the Welsh Government’s financial powers in relation to the scheme, the announcement in the Budget, and the UK Government’s overall responsibility for the health of the UK economy, it is right that our Parliament—especially Members from Wales—has an opportunity to comment on the matter. This is certainly a timely moment to do that.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I congratulate the right hon. Gentleman on securing the debate. He rightly mentioned the long history of this matter, but does he agree that, given that tolls are about to be taken away from the Severn bridge, it is imperative that a solution is found on the issue of the Brynglas tunnels?

[Stephen Crabb]

The hon. Gentleman makes a vital point, which I hope to make myself later. He is absolutely right. There is an urgency to this issue that certainly seizes the business community and that we in the House should all be aware of, too.

I am told that we are just weeks away from a binding vote on the scheme in the Senedd, with the Welsh Government due to announce their response to the public inquiry that ran from February last year to March this year. Members of this place have no reason to be neutral on the outcome of that vote. We are not disinterested bystanders. Every single current Labour and Conservative Member of Parliament from Wales stood on a manifesto commitment to fix the M4 problem. My party’s 2015 manifesto stated that a Conservative Government at Westminster

“will continue to work with the Welsh Government to deliver major improvements to the M4”.

Our track record of willingness to work to give new financial powers to Wales demonstrates that we are indeed doing that. My party’s Assembly election manifesto in 2016 contained a pledge to

“start work on an M4 Relief Road within 12 months of forming a government.”

Welsh Labour’s manifesto at that election stated:

“We will deliver a relief road for the M4”,

and its general election manifesto just last year repeated that promise to deliver a

“new relief road for the M4”.

Politicians from both major parties and at both ends of the M4 have campaigned for and made promises about the upgrade project. Furthermore, the UK Government’s responsibility for the Prince of Wales bridge, which connects this section of the M4 to the wider UK motorway network, and our decision to remove the tolls on that bridge next month, which the hon. Gentleman rightly mentioned, mean it is important for the House to debate this matter.

Just so we are clear, we are not discussing a project of special interest to just one or two constituencies. Indeed, my constituency is about as far from Newport as Newport is from London. Even so, numerous businesses in my constituency rely on being able to get through the M4 bottleneck. It is hard enough for a business to stay competitive when it is on the geographic periphery and faces additional transport costs anyway without congestion problems undermining its position further.

Mansel Davies & Son, which is probably Wales’s most important road haulage firm for the dairy industry and is the largest employer in north Pembrokeshire, runs 40 lorries each way through this section of the M4 every day. Every one of its drivers would be able to describe far better than I can the problems they face negotiating that section of the motorway. Such is the strategic importance of the M4 corridor, which links Wales to the rest of the UK, to Ireland via the ports of Fishguard and Pembroke Dock in west Wales, and, crucially, to the continental mainland, that this should be considered a project of true national significance. I am pleased that we have the opportunity to discuss it today.

The key issue is that this vital section of the M4, which is one of the most heavily used roads in Wales, is not for fit for purpose. It does not meet modern motorway design standards, and the resulting congestion causes unreliable journey times. That has direct economic impacts on south Wales. The M4 between junctions 28 and 24 was originally designed as the Newport bypass, and design amendments in the 1960s included the first motorway tunnels to be built in the UK, which are now known as the Brynglas tunnels.

This section of the M4 has many lane drops and lane gains, resulting in some two-lane sections, and it has an intermittent hard shoulder and frequent junctions. It is often congested, especially during weekday peak periods, resulting in slow, stop-start conditions, with incidents frequently causing delays. It has been like that for many years, and the problems are getting worse.

In the closing remarks to the public inquiry that ended in March this year, the Welsh Government’s QC, on behalf of Welsh Ministers, called the traffic delays a

“pressing problem demanding a solution”.

Former Prime Minister David Cameron used even more graphic terms when he visited a haulage firm in south Wales in November 2013, saying congestion on this section of the M4 acts as a

“foot on the windpipe of the Welsh economy”.

Strong words—but he only echoed the kinds of words that businesses right along the south Wales corridor use about the M4.

The managing director of a major south Wales haulage firm told me recently that this section of the M4 is becoming a “no-go area”. He said:

“From 7.30 to 10 o’clock in the morning, and then from 4 o’clock to 6.30, it’s like a car park.”

He described how it often pays for his heavy goods vehicle drivers to park up at the motorway services for an hour or two to save their stipulated driving hours, so they are not used up crawling along in near-stationary traffic. That is not an efficient way of running a logistics operation. In an economy that increasingly demands just-in-time delivery, a key transport corridor that grinds to a halt twice a day is certainly bad for business.

Ahead of the debate, I received a helpful note from the Freight Transport Association, which backs the need for new investment to fix the M4 problem. It stated:

“The Welsh supply chain moves goods by road much more than other modes, and so maintaining targeted roads investment is vital to securing Wales’ economic future.”

It added that

“the M4 in South Wales forms part of the Trans-European Transport Network, which provides connections throughout Europe by road, rail, sea and air. The M4 plays a key strategic role in connecting South Wales with the rest of Europe…It is a key east-west route being the main gateway into South Wales…It is important therefore that development of the M4 around Newport is not viewed as a ‘local’ issue…The strategic importance of the M4 requires that it be viewed in the national context.”

Yet the truth is that this vital route does not have a proper motorway right now. The section we are discussing would not be allowed to be built today, given that it does not meet modern design standards. CBI Wales director Ian Price said business have been “crying out” for a relief road for more than 10 years. He added:

“The M4 is responsible for two-thirds of our national GDP and a relief road is projected to return to the Welsh economy £2 for every £1 invested.”

We could spend all day talking about the different ways in which businesses in Wales are affected by the problems with the M4, and why there is such a strong economic case for investing in a relief road, but I want to flag up one of Wales’s special strengths. We are incredibly good at hosting major national and international events. It is really good for the whole of Wales that the capital city, Cardiff, is increasingly recognised as a fantastic city in which to host events such as the Champions League final, the rugby world cup, Ashes cricket tests and—depending on our taste—Ed Sheeran concerts. I would love to see the Commonwealth games come to Wales, too. We also want more of those events to spread along the south Wales corridor and involve Newport, Swansea and places further west.

Welsh Affairs

Debate between Nick Thomas-Symonds and Stephen Crabb

Thursday 2nd March 2017 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

It is always a pleasure to follow my neighbour the hon. Member for Monmouth (David T. C. Davies). I hope that he and I will agree on the principle of the importance of investing and creating jobs in the heads of the valleys.

Economic development will be the focus of my remarks, and we have seen good news in recent days. Yesterday, on St David’s day, the Cardiff capital region city deal was signed, which is clearly good news for south-east Wales. However, there are also concerns about Ford workers in Bridgend, which underlines—if there is any need to—the need for a coherent strategy from the UK Government for the years ahead. Whether people voted leave or remain in last year’s referendum, nobody voted to become poorer. We must ensure that structural funding continues beyond 2020. Foreign direct investment, which was at a 30-year high last year, must continue, and the Welsh Government deserve great credit for continuing to attract such investment to Wales. Steel, which is a foundation industry, must also be central to Wales’s economic future.

The priorities are both immediate and long term. Immediately, we must secure tariff-free access to the single market. Indeed, the Welsh Government’s “Securing Wales’ Future” document, which was produced together with Plaid Cymru, sets out the importance of participation in the single market, and a balanced migration policy, given that over two thirds of Welsh exports go there.

In the longer term, we need a vision of what a post-Brexit Wales should look like. The European Union currently has more than 50 free trade arrangements, which will clearly need replacing. The Brexit White Paper produced by the UK Government contains a chapter on “Securing new trade agreements with other countries”. It has 19 paragraphs, but there is no mention whatsoever of Wales’s position or the Welsh perspective on such trade agreements. However, that same document sets out that some of the fastest growing export markets between 2005 and 2014 were places such as China, South Korea, Brazil, and Mexico. The UK Government must work with the Welsh Government, which already have 14 overseas offices ready to assist with the creation of new trade agreements.

[Stephen Crabb]

My ears pricked up when the hon. Gentleman mentioned that the Welsh Government currently fund 14 overseas offices to assist with international trade. Given the extensive global network of embassies and high commissions that the UK Government fund from Westminster precisely to assist with international development, why should taxpayers fund these duplicate offices?

[Nick Thomas-Symonds]

In a sense, the right hon. Gentleman makes my point for me: we need a Welsh perspective in the construction of post-Brexit trade deals.

In the teeth of opposition from Conservative Assembly Members, it was very important that the Welsh Government nationalised Cardiff airport, which is crucial to Wales’ economic future.

The constitutional arrangements of Wales in 2017 are different from those that existed in 1972 when Wales entered the then European Economic Community. When the rules currently set in Brussels on matters such as agriculture, the environment or certain parts of transport are repatriated to the United Kingdom, we must ensure that they are not exclusively returned to this Parliament when it would be more appropriate to base them with the Welsh Government in Cardiff. It is vital to bear that in mind in the debates to come.

There is a broader point, and my hon. Friend the Member for Ynys Môn (Albert Owen), whom I congratulate on leading the campaign to secure this debate, put it well when he talked about working now for the 100%. What is in the best interest of the people? Of course it is vital that we retain workers’ rights, environmental protections and consumer protections as we move into a post-Brexit Wales, but let us have the ambition not only to retain those rights and protections but to build on them—to make our consumers better protected, to strengthen environmental protections and to build on the workers’ rights that our membership of the European Union established and deepened over the years.

Our focus on Wales’ economic wellbeing is vital. It is about ensuring that the voice of Wales is heard loud and clear in the negotiations ahead so that we are able to produce the prosperous post-Brexit Wales that we all want.

Draft Wales Bill

Debate between Nick Thomas-Symonds and Stephen Crabb

Wednesday 3rd February 2016 General Committees

[Nick Thomas-Symonds (Torfaen) (Lab)]

It is a pleasure to serve under your chairmanship for my first Welsh Grand Committee, Mr Hanson.

Our starting point has to be what the Secretary of State for Wales says in the foreword to the draft Wales Bill:

“We are determined to ensure the people of Wales have a clear and lasting devolution settlement… For too long Welsh politics has been dominated by constitutional debates about what is and is not devolved.”

I fear that, as it is, the draft Wales Bill is likely to create more and more debate, much of which will end up before the UK Supreme Court unless stringent and significant changes are made to the Bill. I shall give a few examples, starting with the issue of ministerial consent.

The provisions on ministerial consent on page 73 of the draft Bill mean that if the Assembly wants to legislate in a way that affects the power of a UK Government Minister, it must first ask for consent. In and of itself, that creates great uncertainty, because the powers of UK Government Ministers are set out in hundreds of statutes. Let me give one example of the kind of absurd consequences that could arise and why the provisions are an example of devolution being rolled back, not forward: the Control of Horses (Wales) Act 2014. Reservation 184 in the draft Bill is about arbitration. Section 7 of the 2014 Act contains a dispute resolution procedure to resolve disagreements between horse owners and local authorities. Under the draft Bill, that Act would have to be subject to ministerial consent. There we have it: horses in Wales having to be subject to a UK Government Minister in London. I do not know the Secretary of State’s view on horses, but no doubt we will have to find out if the draft Bill becomes a permanent fixture.

The Silk Commission said that one way to resolve uncertainties would be to transfer the powers in the devolved areas. I urge the Secretary of State to look at ministerial consents to see whether there can be such a simplification. Otherwise, we will simply be piling up work for the UK Supreme Court.

In an intervention on the Secretary of State this morning, I raised the issue of reserved powers. Yes, of course, a reserved powers model can work extremely well. I think the right hon. Member for Clwyd West pointed out that my predecessor as MP for Torfaen, who was twice Secretary of State for Wales, had spoken about the reserved powers model. There is nothing wrong with the model. The problem is that, first, it has to be pretty clear and, secondly, the number of powers that are and are not reserved has to be in line with the expectations of the Welsh people.

Conservative Assembly Member David Melding said of the reserved powers in the draft Bill:

“They are numerous. Quite literally, they cannot be counted, although most who have attempted enumeration put the figure somewhere above 250. This is ominous.”

The Secretary of State really should take that into account as he looks at how he can redraft the Bill. Dame Rosemary Butler put it this way:

“there is significant roll-back in the reservations themselves. A large number of matters which are not exceptions from the Assembly’s current competence have been made into reserved matters in the draft Bill.”

That is devolution being rolled back.

[The Secretary of State for Wales (Stephen Crabb)]

The hon. Gentleman highlights an important point and refers to comments by the Presiding Officer of the Welsh Assembly. Does he agree with the Presiding Officer’s presumption that all of those silent subjects were intended to be devolved, and therefore the Supreme Court judgment on the Agricultural Sector (Wales) Bill effectively makes all of those subjects devolved now if they can be linked in some way to a devolved purpose? Alternatively, does he agree with me that we should go back and understand Parliament’s intentions in making the existing devolution settlement and then extend the devolution boundary by a political process, rather than rely on the courts?

[Nick Thomas-Symonds]

With the greatest of respect to the Secretary of State, I do not think he has quite picked up the point I am making, which is this: the Assembly has already legislated on a number of matters that, under this Bill, it will have to seek his consent to legislate on. Another example of where his consent would have been required is the Human Transplantation (Wales) Act 2013. I am sure he is a generous man with his consent, but the reality of the situation is that where the Assembly has been able to legislate, the Bill now requires his consent to do it. That is a roll-back of devolution; it is as simple as that.

--- Later in debate ---

[Stephen Crabb]

The hon. Gentleman is getting confused. Under the existing settlement, the Act to which he just referred required ministerial consent. That consent was given, with no problem at all. Under the new settlement, because that Act has an impact on reserved matters or functions of a UK Minister of the Crown, it would still require consent. We should not see consents as some great problem. We need a way of regulating the interface between the UK Government and the Welsh Government.

[Nick Thomas-Symonds]

With respect, the Secretary of State has to understand that simplicity is the most important thing. The Silk Commission said—this is what the Presiding Officer of the Welsh Assembly was also referring to—that there must be scope for the situation where consent is not required in the 20 devolved areas. I cannot understand why the Secretary of State cannot see that. The roll-back of the devolution process is the danger of the Bill.

[Stephen Crabb]

Confused.

[Nick Thomas-Symonds]

If we want to talk about confusion, let us move on to necessity, because we will have some fun on that with the Secretary of State.

Let us be clear what the test of necessity actually means. The Assembly has to be convinced that Acts are necessary before it can act—that is what the necessity test says. There are plenty of examples in the Bill; there is one on page 69, if Members want to look at it. Let me tell the Secretary of State what the Wales Governance Centre at Cardiff University said:

“The concept of necessity-testing in the draft Bill represents a failure of comparative legal method… The use of necessity-testing in the draft Bill jars with basic constitutional principle.”

Why does it say that? It says that because necessity-testing is a concept that has essentially been taken from Scottish law, but in Scottish law it would refer only to cases where the law has to be modified in a very narrow, consequential way in relation to reserved matters, and not in the very broad sense that it is being attempted to include in the Bill. That is the central problem.

This morning, the right hon. Member for Clwyd West kept asking, “What do you replace necessity with?” It is true that we could use a different word. We could use “reasonable” or “sufficient” if we wanted to, but none of that would deal with the basic problem, which is that that would ultimately have to be a subject of interpretation by the judiciary. The real problem is that the Secretary of State has to revisit the framework in which the necessity test arises; it has to be about the overall framework.

I practised in the courts in England and Wales for many years, and one problem is that the necessity test could end up before the criminal courts and the civil courts on a daily basis. That is what the Law Society of England and Wales has said about the extraordinary worry that there is about the Wales Bill. We could have the law being challenged on an almost daily basis, which certainly cannot be what the Secretary of State intends.

Further to those confusions, David Melding AM—my new favourite Conservative—said on 13 January:

“Judicial review could become, if not the norm, then far from the exception. Welsh legislation would be drafted in an atmosphere of profound uncertainty, which itself would curtail its scope and ambition. Taken to extremes, the very exercise of the legislative function could be compromised.”

My hon. Friend the shadow Secretary of State also referred to that pretty stinging criticism. With all this stuff floating around, I certainly would not mind being a fly on the wall at the next meeting between the Conservative AMs and MPs.

The Secretary of State now has an opportunity to take another look at the Bill. He has previously said, and I take him at his word, that he is in listening mode. I hope that he is still in listening mode and that he is willing go back and look at the Bill. The organic growth of devolution went from the Government of Wales Act 1998 to the 2006 Act and the referendum, and we are moving another step forward on the journey. We certainly do not want—to change the metaphor—the devolution car to go into reverse. Since the first Welsh Secretary of State took office in 1964, he is the only one under whose tenure the powers of Welsh Members of Parliament have been taken away. Not one of the previous Secretaries of State—

[Stephen Crabb]

Nonsense.

[Nick Thomas-Symonds]

Well, find me an example under a previous Secretary of State of English votes for English laws. You will not find one. Secretary of State, do not make a disastrous devolution Bill your second contribution to history.

Draft Wales Bill (Morning sitting)

Debate between Nick Thomas-Symonds and Stephen Crabb

Wednesday 3rd February 2016 General Committees

[Stephen Crabb]

The process was inclusive. I had discussions with them in Cardiff Bay as a group; we had discussions in this place with the Cardiff Bay leaders of the parties; and I met them all individually as well, so it was a process that encompassed both the Cardiff Bay bit of the Welsh political parties and Westminster.

The Conservative party went into last year’s general election with a clear package of new powers that we put to voters and the people of Wales made their decisions at the election. The package included putting in place an historic funding floor in the relative level of Welsh funding, as we committed to do in the St David’s day agreement. Members will recall that during Labour’s leadership election last year, the right hon. Member for Leigh (Andy Burnham) revealed that when he was Chief Secretary to the Treasury he knew that Wales was being sold short by the Barnett formula but admitted that he could not do anything about it. It took Conservatives in government to do something about the Barnett formula and bring forward an historic funding floor.

The St David’s day package also included making further progress on income tax. Hon. Members will know that in his autumn statement the Chancellor announced a decision to remove the referendum requirement for devolving a portion of income tax to Wales. We are doing that in recognition that the debate has moved on from the Wales Act 2014, and because we believe that income tax devolution will help deliver more accountable, responsible devolved government for Wales. Within the mature devolution settlement that the draft Bill will deliver, the Welsh Government simply cannot continue to be a purely spending Department. They need to take responsibility for raising money as well as spending it.

As part of the devolution package, we are also legislating for a new reserved powers model through the Wales Bill. Hon. Members for Welsh constituencies who have been in this House for a number of terms will recall that the call for a reserved powers model has been around for some time. I remember during discussion of the Bill that became the Wales Act 2014 a former Secretary of State, the former Member for Torfaen, saying on the Floor of the House, “Now is the time to move to a reserved powers model.” That was, of course, before we took forward the St David’s day process. At that time I warned that simply moving to a reserved powers model, in and of itself, is not a panacea. It does not fix all the complexities around the Welsh devolution settlement—in fact, moving to a reserved powers model throws up new complexities. It is not a quick fix that clarifies Welsh devolution. The detail of the wiring underneath is what matters, and that is where a lot of the controversy around the current Bill lies.

[Nick Thomas-Symonds (Torfaen) (Lab)]

On reserved powers, does the Secretary of State agree that it certainly does not bring clarification if there are 34 pages of reservations in the Bill?

[Stephen Crabb]

I broadly agree with that sentiment, but looking at the Scottish settlement, the list of reservations is also pretty long in the Scotland Act 1998. The point is to get the reservations right, spelling out which Government is responsible for what. We should not get hung up on how long the list is.

I said in evidence to the Welsh Affairs Committee and to the Welsh Assembly’s Constitutional and Legislative Affairs Committee that the list of reservations is one of the things I want to look at, along with the necessity test and ministerial consent, so that we get the detail right as we move from a draft Bill to a full one.

Draft Wales Bill

Debate between Nick Thomas-Symonds and Stephen Crabb

Wednesday 3rd February 2016 General Committees

[Nick Thomas-Symonds (Torfaen) (Lab)]

It is a pleasure to serve under your chairmanship for my first Welsh Grand Committee, Mr Hanson.

Our starting point has to be what the Secretary of State for Wales says in the foreword to the draft Wales Bill:

“We are determined to ensure the people of Wales have a clear and lasting devolution settlement… For too long Welsh politics has been dominated by constitutional debates about what is and is not devolved.”

I fear that, as it is, the draft Wales Bill is likely to create more and more debate, much of which will end up before the UK Supreme Court unless stringent and significant changes are made to the Bill. I shall give a few examples, starting with the issue of ministerial consent.

The provisions on ministerial consent on page 73 of the draft Bill mean that if the Assembly wants to legislate in a way that affects the power of a UK Government Minister, it must first ask for consent. In and of itself, that creates great uncertainty, because the powers of UK Government Ministers are set out in hundreds of statutes. Let me give one example of the kind of absurd consequences that could arise and why the provisions are an example of devolution being rolled back, not forward: the Control of Horses (Wales) Act 2014. Reservation 184 in the draft Bill is about arbitration. Section 7 of the 2014 Act contains a dispute resolution procedure to resolve disagreements between horse owners and local authorities. Under the draft Bill, that Act would have to be subject to ministerial consent. There we have it: horses in Wales having to be subject to a UK Government Minister in London. I do not know the Secretary of State’s view on horses, but no doubt we will have to find out if the draft Bill becomes a permanent fixture.

The Silk Commission said that one way to resolve uncertainties would be to transfer the powers in the devolved areas. I urge the Secretary of State to look at ministerial consents to see whether there can be such a simplification. Otherwise, we will simply be piling up work for the UK Supreme Court.

In an intervention on the Secretary of State this morning, I raised the issue of reserved powers. Yes, of course, a reserved powers model can work extremely well. I think the right hon. Member for Clwyd West pointed out that my predecessor as MP for Torfaen, who was twice Secretary of State for Wales, had spoken about the reserved powers model. There is nothing wrong with the model. The problem is that, first, it has to be pretty clear and, secondly, the number of powers that are and are not reserved has to be in line with the expectations of the Welsh people.

Conservative Assembly Member David Melding said of the reserved powers in the draft Bill:

“They are numerous. Quite literally, they cannot be counted, although most who have attempted enumeration put the figure somewhere above 250. This is ominous.”

The Secretary of State really should take that into account as he looks at how he can redraft the Bill. Dame Rosemary Butler put it this way:

“there is significant roll-back in the reservations themselves. A large number of matters which are not exceptions from the Assembly’s current competence have been made into reserved matters in the draft Bill.”

That is devolution being rolled back.

[The Secretary of State for Wales (Stephen Crabb)]

The hon. Gentleman highlights an important point and refers to comments by the Presiding Officer of the Welsh Assembly. Does he agree with the Presiding Officer’s presumption that all of those silent subjects were intended to be devolved, and therefore the Supreme Court judgment on the Agricultural Sector (Wales) Bill effectively makes all of those subjects devolved now if they can be linked in some way to a devolved purpose? Alternatively, does he agree with me that we should go back and understand Parliament’s intentions in making the existing devolution settlement and then extend the devolution boundary by a political process, rather than rely on the courts?

[Nick Thomas-Symonds]

With the greatest of respect to the Secretary of State, I do not think he has quite picked up the point I am making, which is this: the Assembly has already legislated on a number of matters that, under this Bill, it will have to seek his consent to legislate on. Another example of where his consent would have been required is the Human Transplantation (Wales) Act 2013. I am sure he is a generous man with his consent, but the reality of the situation is that where the Assembly has been able to legislate, the Bill now requires his consent to do it. That is a roll-back of devolution; it is as simple as that.

--- Later in debate ---

[Stephen Crabb]

The hon. Gentleman is getting confused. Under the existing settlement, the Act to which he just referred required ministerial consent. That consent was given, with no problem at all. Under the new settlement, because that Act has an impact on reserved matters or functions of a UK Minister of the Crown, it would still require consent. We should not see consents as some great problem. We need a way of regulating the interface between the UK Government and the Welsh Government.

[Nick Thomas-Symonds]

With respect, the Secretary of State has to understand that simplicity is the most important thing. The Silk Commission said—this is what the Presiding Officer of the Welsh Assembly was also referring to—that there must be scope for the situation where consent is not required in the 20 devolved areas. I cannot understand why the Secretary of State cannot see that. The roll-back of the devolution process is the danger of the Bill.

[Stephen Crabb]

Confused.

[Nick Thomas-Symonds]

If we want to talk about confusion, let us move on to necessity, because we will have some fun on that with the Secretary of State.

Let us be clear what the test of necessity actually means. The Assembly has to be convinced that Acts are necessary before it can act—that is what the necessity test says. There are plenty of examples in the Bill; there is one on page 69, if Members want to look at it. Let me tell the Secretary of State what the Wales Governance Centre at Cardiff University said:

“The concept of necessity-testing in the draft Bill represents a failure of comparative legal method… The use of necessity-testing in the draft Bill jars with basic constitutional principle.”

Why does it say that? It says that because necessity-testing is a concept that has essentially been taken from Scottish law, but in Scottish law it would refer only to cases where the law has to be modified in a very narrow, consequential way in relation to reserved matters, and not in the very broad sense that is being attempted in the Bill. That is the central problem.

This morning, the right hon. Member for Clwyd West kept asking, “What do you replace necessity with?” It is true that we could use a different word. We could use “reasonable” or “sufficient” if we wanted to, but none of that would deal with the basic problem, which is that that would ultimately have to be a subject of interpretation by the judiciary. The real problem is that the Secretary of State has to revisit the framework in which the necessity test arises; it has to be about the overall framework.

I practised in the courts in England and Wales for many years, and one problem is that the necessity test could end up before the criminal courts and the civil courts on a daily basis. That is what the Law Society of England and Wales has said about the extraordinary worry that there is about the Wales Bill. We could have the law being challenged on an almost daily basis, which certainly cannot be what the Secretary of State intends.

Further to those confusions, David Melding AM—my new favourite Conservative—said on 13 January:

“Judicial review could become, if not the norm, then far from the exception. Welsh legislation would be drafted in an atmosphere of profound uncertainty, which itself would curtail its scope and ambition. Taken to extremes, the very exercise of the legislative function could be compromised.”

My hon. Friend the shadow Secretary of State also referred to that pretty stinging criticism. With all this stuff floating around, I certainly would not mind being a fly on the wall at the next meeting between the Conservative AMs and MPs.

The Secretary of State now has an opportunity to take another look at the Bill. He has previously said, and I take him at his word, that he is in listening mode. I hope that he is still in listening mode and that he is willing go back and look at the Bill. The organic growth of devolution went from the Government of Wales Act 1998 to the 2006 Act and the referendum, and we are moving another step forward on the journey. We certainly do not want—to change the metaphor—the devolution car to go into reverse. Since the first Welsh Secretary of State took office in 1964, the Secretary of State is the only one under whose tenure the powers of Welsh Members of Parliament have been taken away. Not one of the previous Secretaries of State—

[Stephen Crabb]

Nonsense.

[Nick Thomas-Symonds]

Well, find me an example under a previous Secretary of State of English votes for English laws. You will not find one. Secretary of State, do not make a disastrous devolution Bill your second contribution to history.

Oral Answers to Questions

Debate between Nick Thomas-Symonds and Stephen Crabb

Wednesday 18th November 2015 Commons Chamber

[Stephen Crabb]

I completely agree with my hon. Friend. The economy in Wales is getting stronger, thanks partly to new inward investment. Just a few weeks ago, I had the pleasure of welcoming Israeli investors to south Wales, where they announced £3 million of new investment, creating almost 100 new jobs. We should all be encouraged by the fact that inward investment in Wales is back to the level of the days of the Welsh Development Agency before the Welsh Labour Government abolished it.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I am pleased to hear the Secretary of State welcome the more than 100 inward investment projects in Wales in 2014-15. Will he now congratulate the Welsh Labour Government on making it possible?

[Stephen Crabb]

The important thing is to welcome the more effective partnership that now exists between the UK Government and the Welsh Government to deliver the inward investment. Of the new projects coming into Wales, 87% were secured on the basis of co-operation between the Welsh Government and the UK Government, and I have no hesitation in congratulating both.

Steel Industry

Debate between Nick Thomas-Symonds and Stephen Crabb

Wednesday 28th October 2015 Commons Chamber

[Stephen Crabb]

I am coming on to exactly those issues. We all have to acknowledge and be honest about the fact that there are limits to what we can do in response to the economic realities facing the steel industry. I see Opposition Members shaking their heads, but I make the point again—they need to step back and be honest about the realities of a global steel crisis that is affecting steel manufacturers across north America and all across Europe.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I grew up in a steel-working family and have constituents who work in Llanwern. Will the right hon. Gentleman accept what is being said to me—that there is not an acceptance that the Government have done enough? There are social as well as economic consequences. There are huge problems in the global steel industry currently, but is this not the very moment for protecting our foundation steel industry and keeping it for the future?

[Stephen Crabb]

I do not disagree with the hon. Gentleman’s point. That is exactly why my right hon. Friend the Business Secretary is talking to European Commissioners right now and exactly why we have set up a programme of working groups to look at all aspects of how the UK steel industry functions to identify future growth opportunities and help the UK industry to take advantage of them. Where we can, we want to protect, as the hon. Gentleman describes it, the foundation of a strong UK steel sector.

We cannot influence the price of steel and we cannot fix foreign exchange rates. The rules governing state aid to the steel sector are very strict. The UK steel industry signed up to those state-aid rules for a very good reason: the rules help secure a level playing field for UK steel within Europe. Within those strictures, we have done—and we are doing—all we can to help the steel industry at this very difficult time.