Wales Bill

Debate between Paul Flynn and Liz Saville Roberts

Monday 12th September 2016 Commons Chamber

[Paul Flynn]

That is because of the wisdom of the socialist Welsh Government in taking it over—nationalising it. I am glad that the Minister draws attention to that fact—this triumph of practical socialism, which is turning out to be a success, even without the level playing field and level flying field that we need. Plaid Cymru has tabled this new clause, and we believe that devolving airport duty would allow Welsh airports to compete on a fair basis with the others. We need only to look at the geography. That tells us that the airports at Prestwick and Cardiff are disadvantaged because of the whole nature of flying and the magnetic attraction to the hubs around which the population is distributed. This measure will have to happen at some time in the future. We should acknowledge the success of the Welsh Government’s action over Cardiff airport.

On keeping the devolution of policing under review, the Minister prayed in aid the four police and crime commissioners in Wales. What he did not mention was the fact that those four PCCs are agreed on the need for the control of policing to go to the Welsh Assembly. Our new clause 11 requires the Secretary of State for Wales and his Ministers to

“keep the functioning and operation of policing in Wales under review”.

It is not asking much to suggest that we should look at it every year. This issue has been around for a long time.

Having spent a number of years sitting on the Home Affairs Committee, I would like to see some police forces kept at some distance from the Welsh police forces. I refer to some in Yorkshire and the Met, about which I have some misgivings relating to incidents involving some of my constituents and indeed constituents of my hon. Friends. I believe that there is a tradition of ethical policing in Wales that has its own values and it would be beneficial to keep possibilities in place and under review. We should keep the light shining in the distance as we move towards it.

[Liz Saville Roberts]

I wonder whether the hon. Gentleman would agree with me on this issue. I took part in the parliamentary policing scheme this summer, and I know that there are great concerns among the North Wales police about the drive for them to co-operate with forces over the border. Although that might make sense in terms of combating crime, it will actually result in fewer police officers in many areas of Wales. Our police forces are really concerned about that.

[Paul Flynn]

The hon. Lady makes a powerful point, which we should bear in mind. I believe that we should appreciate and build on the Welsh tradition of policing. The cause is a modest one. We are not asking for full independence of the Welsh police forces straight away, but that is the mood within the police force. The new clause does not call for an immediate devolution of policing, but would allow policing—and particularly the devolution of policing—to be kept under review by both the Secretary of State and Welsh Ministers. The people of Wales should have a greater say over policing, and plans for it should be drawn up by the Welsh Assembly.

The first draft Wales Bill was an affront to devolution. The Welsh Government published an alternative Bill, in which they set out plans for a 10-year strategy for the devolution of policing. I hope that that is not too fast a pace for the Government, but we are not rushing into this. Ours is a modest, sensible approach which the Government should accept.

Wales Bill

Debate between Paul Flynn and Liz Saville Roberts

Tuesday 5th July 2016 Commons Chamber

[Liz Saville Roberts]

I agree with my hon. Friend. I would expect there to be some concordance between both points of view, but that seems not to be the case.

[Paul Flynn (Newport West) (Lab)]

What the hon. Lady has said is entirely fair, but we must come to a practical conclusion. It is clear that the undertaking we gave as a party to support the line taken by Plaid Cymru still stands, but the practical problem is that the Government have firmly rejected it. In these circumstances, the sensible thing to do is to seek a compromise between the two positions, and that is what our amendment is designed to do.

[Liz Saville Roberts]

It is unfortunate to hear that argument in relation to standing up for Wales. On the one hand we have a Secretary of State who will not meet the Committee in the Assembly, and on the other hand we have a parliamentary Labour party that is not standing up for its colleagues in Wales.

But we move ahead. The second argument that I would use to those who argue against a separate Welsh jurisdiction is that, in many ways, the significance of divergence is beside the point. It is evident that these complex clauses and tests have to be included throughout the new Bill simply to accommodate the fact that Wales does not have a separate legal jurisdiction. Such clauses and tests, incidentally, have been described by distinguished legal experts, as I have mentioned, as

“a failure of comparative legal method”,

and according to the constitution unit they

“jar with basic constitutional principle”.

The inclusion of those clauses specifically because of the need to shore up the unified legal system is reason enough in itself, I would argue, to create a Welsh jurisdiction. To argue that it is unnecessary is to disregard completely the wealth of evidence that has emerged since the publication of the draft Bill last autumn. Stubbornly resisting that evidence will only lead to continued cases in the Supreme Court. I challenge anyone to justify making a Government accountable to a judge rather than to a legislature, but the Bill effectively enshrines such resort in law.

As our explanatory statement makes clear, amendment 5 was drafted by the Welsh Government, and it was included in annex C to the report by the constitution unit at UCL and the Wales Governance Centre earlier this year. I am, as I have mentioned, therefore very surprised to see the amendments tabled by Labour Members, which go against the views of their own party in Wales. I recognise that the official Opposition Front-Bench team has been through something of a reshuffle recently, and I am, incidentally, very pleased to hear that the hon. Member for Newport West (Paul Flynn) has finally been offered the job that he should have been given a long time ago. I take this opportunity to welcome him to his post.

Capel Celyn Reservoir (50th Anniversary)

Debate between Paul Flynn and Liz Saville Roberts

Wednesday 14th October 2015 Westminster Hall

[Liz Saville Roberts]

I thank my hon. Friend. I am aware that many people feel strongly about Capel Celyn, and were present and saw the events or were nearer to the events than I was. I find a certain irony in the fact that I am from south-east London, but it is a matter of pride to me that I am talking about this issue today.

Despite the clear and unmistakeable opposition, from not only the people of Tryweryn and the people of Wales, but every single MP from Wales, bar one, Capel Celyn was flooded. Those who advocated the flooding of the village spoke of the employment created by the reservoir. They spoke of the hundreds of jobs created temporarily during the construction phase and “about 20” permanent jobs. Almost any atrocity can be justified in Wales on the grounds that it creates employment. That justification is still used today, most recently perhaps in the case of the so-called “super prison” in Wrexham. Despite the number of prison places needed across the whole of north and mid-Wales being between 700 and 750, a prison to house 2,000 prisoners will be built in Wrexham to accommodate the needs of the north-west of England. The justification? One thousand jobs.

No Welsh man or woman can feel happy about the position of their country when it is possible for anybody outside Wales to decide to take Welsh land and resources regardless of the social and economic impact of that decision on Wales. As the private Bill was passing through this Parliament in 1957, the late Gwynfor Evans, who would be Plaid Cymru’s first MP, spoke of its being

“part of the crippling penalty paid by a nation without a government.”

He also said:

“Had Wales her Government, Liverpool would have had to negotiate with a responsible Welsh body for the resources it required. A unilateral decision to take Welsh land would be as unthinkable as it would be for an English authority to walk into Ireland and take a valuable part of the Gaeltacht.”

It was that blatant disregard for the social and economic impact of the UK Government’s decision on Wales that sparked the national debate about Wales’s constitutional future. Arguably, it led to the election of Gwynfor Evans in July 1966 to the House of Commons, who became, as I mentioned before, the first ever party of Wales MP—Wales’s first independent voice in this Parliament.

The combination of sadness and anger that the events at Capel Celyn caused in Wales also played its part in the demand for the creation of the Crowther commission, or the Kilbrandon commission as it was later rebranded. It sparked a realisation in the minds of the people of Wales that we were not adequately represented in Parliament.

[Paul Flynn (Newport West) (Lab)]

I warmly congratulate the hon. Lady on reminding us of these events that took place 50 years ago. I think I am one of the few people in this debate today who has memories of it, because I was a mature politician at that time. The most remarkable figure that she has cited is that only one of Wales’s MPs supported the flooding of Capel Celyn. We had this extraordinary unanimity. Welsh MPs at that time agreed on nothing, but they came together on this issue, because it was an act that was insulting to the Welsh nation and because a language that echoed down the centuries—a 2,000-year-old language and culture—was given no power to defend itself. I hope that we have learned the lessons of Tryweryn, and its reverberations are carrying on now in our perception of ourselves as a nation and in the need to have our own independent voices.

[Liz Saville Roberts]

Indeed. We learned lessons, of course, about what representation actually means and about the impact of not being represented sufficiently, and people came to understand that we were not treated as equal in this unique family of nations.

That understanding, along with the injustice dealt to the people of Wales and Scotland during the 1970s, eventually led to the people of both countries demanding a say in their constitutional future. The 1979 referendums, in which 20% of the Welsh electorate and 52% of the Scottish electorate voted for the creation of national Parliaments, was the first tentative step towards greater autonomy for both nations. Of course, neither country was given a Parliament as a result of those referendums but they laid the groundwork for what followed. And what followed was the historic vote of 1997, in which the people of Wales voted—very narrowly, but they voted—for devolution. That led to the creation, through the Government of Wales Act 1998, of the National Assembly, which was a directly elected democratic body representing the people of Wales.

However, even after the creation of the Assembly and even after the creation of a more powerful Assembly through the Government of Wales Act 2006, the people of Wales still have little say over their natural resources. Wales’s natural resources remain outside the remit of the National Assembly. And on the emotive subject of water, the Secretary of State still reserves the right to intervene on any Welsh legislation that

“might have a serious adverse impact on water resources in England, water supply in England or the quality of water in England”.

Such a section is not included in the Scotland Act 1998. Why? I suggest to the House that Wales is unique in being the only developed country on this Earth that allows a neighbouring country to hold such powers of veto over its legislative competence.

That situation cannot continue. The lesson of 50 years ago is that as long as the Welsh nation has no national freedom, and as long as she is shackled to this imbalanced institution and at a constant democratic disadvantage vis-à-vis England, there will always be another Tryweryn waiting to happen.

Today, in the context of debate about her natural resources, Wales has only the freedom to protest; the freedom to recoil and react, but not to take the initiative, act for herself and make her own choices. Our natural resources are our most valuable assets. The supply of clean, fresh water across these islands is limited and there is now a growing appreciation of its importance as an industrial resource as well as a residential necessity. It must be considered as much a raw material as oil or iron ore, and just as precious. It is one of the most important of Wales’s natural resources, and if we have been irresponsible in the past in our attitude to the rich resources of our land, we must mend our ways.

A resource taken by a city outside Wales is lost to Wales, with no fair exchange. That is a blunt statement of the obvious, but it is a truth that is too often ignored. We can little afford to ignore that statement. As we are so often reminded, Wales is the poor relation in this family of nations.

In the past, Welsh resources have enabled industry to develop in Liverpool, in Birmingham and in the rest of the English midlands, while Wales herself has been largely a stranger to such development. The people of Wales have had to follow her resources to find work, exacerbating the productivity gap between Wales and the rest of the UK. A responsible attitude towards Welsh resources will ensure that the people of Wales have the benefit of those resources in Wales.

It is right that Wales’s natural resources should be used for the enrichment of all the people of Wales, just as the natural resources of every other country are used for the enrichment of their peoples. Until we make the necessary changes to Wales’s constitution, Liverpool’s actions 50 years ago will remain natural, logical, constitutional and perfectly legal into the future.

There is an opportunity ahead of us to ensure that that situation is not allowed to continue; an opportunity to ensure that the people of Wales have full ownership of their natural resources, and to ensure that never again will we see a repeat of the mistakes of our past. We have yet to have sight of the Wales Bill, but we have seen the White Paper, which was entitled, “Powers for a purpose”. It proposes building Welsh devolution on the same foundation as that of Scotland—a reserved powers model. We welcome that proposal with enthusiasm. It is long overdue and Plaid Cymru welcomes it not simply for the clear practical improvements and legal clarity that it will bring, but for the shift in attitude that it will necessitate.

It is right that decisions that affect the people of Wales should be made in Wales by democratically elected representatives, unless there is a good reason for those decisions to be made elsewhere. The reserved powers model will put the onus on the UK Government to justify why a matter should be reserved, rather than justifying why it should be devolved. It will mean that the UK Government, in producing the Wales Bill, must give the people of Wales full ownership of their resources, or justify not doing so. In that case, the UK Government must justify to the people of Wales why they should not have full ownership of their resources, when the people of Scotland have ownership of theirs.

I doubt very much that any Member of this House considers the flooding of Capel Celyn to be justified; I know that Liverpool Council has since apologised and that apology should be accepted in the extensive way in which it was offered. However, the UK Government must now ensure that such an event can never be allowed to happen again. They must ensure that the law is changed, so that a repeat of the events of 50 years ago would be illegal today. Never again should the people of Wales be forced out of their communities against their will, against the will of the whole country and against the will of those who represent us in the directly elected National Assembly; never again should Welsh land, Welsh culture or Welsh communities be allowed to be so drastically undervalued; and never again should Parliament leave such a dark mark on Welsh history that it is commemorated here 50 years later.

Since the flooding of Capel Celyn, there has been a significant development in the national consciousness of Wales. There is no longer anyone in Wales who is not aware that the Welsh are a nation and that Wales is their homeland. While Wales’s voice has been significantly strengthened, her natural resources remain in the hands of a neighbouring country and there have been no developments to make a repeat of the sad event at Capel Celyn illegal. The Secretary of State now has a chance to make his mark on Welsh history. The Wales Bill is an opportunity to put this matter right and I urge him to take it.