Wales Bill

Debate between Stephen Doughty and Mark Williams

Monday 11th July 2016 Commons Chamber

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure, Mr Hoyle, to serve under your chairmanship today.

I wish to speak specifically in support of amendment 124 in the name of my right hon. and hon. Friends. I know that a number of Members wished to add their name to the amendment. It does not look as though that has been done, so I wanted to make it clear that it has my full support.

The amendment relates to the experience that many of us had during the passage of the Trade Union Bill. We had extensive discussions around the relative competence of devolved Administrations and the UK Government over trade union and industrial relations and employment matters that related to devolved public services. I want to draw a very clear distinction here. I am not in favour of having some sort of potential beggar thy neighbour approach on employment and industrial relations across these islands. It is important that there are common standards and provisions that do not go into some sort of race to the bottom. I also believe in the Welsh Government and the Welsh Assembly having full power over the partnerships and industrial relations practices that they choose to pursue in areas where there is clear devolved competence such as in the public services, particularly in health and education, but also in other areas.

During the passage of the Bill, the Government regularly used the excuse that they were not interested in the positions of the Welsh Government, the Scottish Government or other Governments on issues such as check-off and facility time in the public services because those were exclusively reserved. However, the Welsh Government, the Scottish Government and others made it clear that they did not believe that this Parliament and the UK Government had full legislative competence in those areas, particularly in relation to the administration of public services.

That is crucial, because the Welsh Labour Government have pursued a different approach to industrial relations, which has led to an absence of some of the strikes and industrial disputes we have seen in other parts of the UK, and we had a clear example in the health service. The Welsh Government have taken a sensible partnership approach with the trade unions and a sensible approach to issues such as facility time and check-off. They have properly recognised the importance of those things, and particularly of partnership working, as opposed to the confrontational approach taken by the Government in Westminster at various points, and I would not want to see that undermined in any way.

Amendment 124 therefore makes it clear that the Assembly would retain its legislative competence over terms and conditions of service for employees in the devolved public services and over industrial relations in those services. That is entirely reasonable. This is not about a complete devolution of these issues—it is important that we retain common standards—but about taking a sensible approach and allowing the Assembly to handle relationships in, for example, the Welsh NHS, our schools and our further education institutions in the more positive and constructive way they have done.

The amendment would also enable the Welsh Government to take the action they clearly want to, without people resorting to the courts, as we have seen on other matters. The UK Government famously took the Welsh Government to court over the Agricultural Wages Board, which was a wholly foolish decision. The Welsh Government were trying to take a different approach—the right approach—but the UK Government wanted to waste tens of thousands of pounds of taxpayers’ money attempting to sue the Welsh Government. That is why, in areas such as this, we have to have a clear distinction in legislation, and why we should not attempt to hamstring devolved Administrations in areas where they have clear competence. In that way, we can avoid the resort to the courts and the expending of public money that would otherwise occur.

The amendment has the support of many of the trade unions in Wales, which have practised the different type of industrial relations I described, and I declare my interest as a proud member of the GMB, which is very supportive of the amendment. I hope the Government will accept that there is a clear distinction here and that there is a clear place for these responsibilities in relation to the public services where Wales has taken a different route. I therefore urge the Government to accept the amendment.

[Mr Mark Williams]

It is good to have this opportunity to say a few words about this mammoth group of amendments. I want to speak in support of a range of amendments to schedule 1 that remove certain reservations. I endorse amendment 83, on policing; amendment 112, on antisocial behaviour; amendment 84, on dangerous dogs; amendment 85, on prostitution; amendment 86, on the rehabilitation of offenders; amendment 117, on knives; amendment 123, on entertainment and late-night refreshment; amendment 116, on licensing; amendment 87, on the sale and supply of alcohol; the amendments on water and sewerage; amendment 89, on Sunday trading; amendment 90, on electricity; amendment 91, on coal; amendment 92, on heating and cooling; amendment 93, on energy conservation; amendment 94, on road transport; amendment 161, on speed limits; amendment 95, on rail services; amendment 141, on trust ports; amendment 97, on coastguards; amendment 98, on hovercraft; amendment 114, on the Children’s Commissioner; amendment 115, on teachers’ pay; amendment 113, on time; and amendment 112, on equal opportunities.

When I last read out the list of reservations in the Welsh Grand Committee, when we had the ill-fated draft Bill, it was somewhat longer, and I was saved from hyperventilation only by the right hon. Member for Clwyd West (Mr Jones), who helped me out. The Government should therefore be praised and congratulated to a small degree on reducing the length of the list of reservations, which is what the Select Committee said they should do.

I will not go too much into the specifics of the amendments, other than to say that I still question whether there was a write-around to various Departments. Who was calling the shots on the different subjects? Was it the former Secretary of State and his team? Was it our friends in the Assembly Government? Was it officials and Ministers in other Departments? Like my neighbours from Plaid Cymru, I would like to see the justification for the reservation list as it has been presented.

I was fully aware of the St David’s process. We looked through Silk systematically, and we looked at every one of Silk’s recommendations. If there was a consensus between the four parties, we would proceed; if there was not, we would not. However, in either eventuality, officials would go away and talk to Departments, so my hunch—my suspicion—is still that certain Departments were involved, not least the Department of Justice, given the discussions we had when we previously sat in Committee on a distinct or separate jurisdiction, and it is great to hear that, on Report, we will be discussing the need for a distinct jurisdiction in a way we did not then.

If these powers—these reservations—were controlled in Wales, would that mean the unravelling of our constitutional arrangement? Would it mean the end of the Union if we devolved the power over hovercraft, time or the Children’s Commissioner? Should there not be a principle—I suggest there should be—that if something is good enough to be devolved to Northern Ireland and Scotland, it should be devolved to Wales as well? Better still, perhaps we should have started from the principle that all powers are devolved and that it is the duty of the Wales Office and Westminster to argue the case for reserving them to Westminster. Whitehall would not have had a difficult time—from some of us at least, and I part company with my friends in Plaid Cymru on this —convincing us that defence should be reserved. However, I would love to hear the argument for why most of these other powers are still being reserved to this place.

Many of these items were referred to in Silk—for instance, ports and their development, harbour orders and the oversight of trust ports. There is no mention in Silk of reserved ports at Milford Haven. Silk also talked about speed limits and drink-driving limits. I respect those hon. Members who moved amendment 161, but they should have more faith in their Front Benchers, in the Department for Transport and, indeed, in our friends in the Cynulliad. I remember sitting, as the Liberal, in the St David’s day discussions at Gwydyr House, and the Conservatives, the Labour party and Plaid Cymru were all united on the Government’s suggestion. Members must have more faith in members of their own parties.

Silk talked about water and sewerage. He asserted that they should be devolved, but that the boundary for legislative competence should be aligned with the national boundary—a tall order indeed. He called for further consideration of the practical issues of alignment, with particular interest given to the interests of consumers, and for discussions with the regulator, consumer representatives, water companies and both Governments. When we discussed these matters, it was agreed that, to get consensus between the four parties, a joint Government water and sewerage devolution board would be established to consider aligning legislative competence with the national border. That work has now concluded, and I would be grateful to hear the Government’s interpretation of the conclusions. Is it not true that the conclusions that have been reached could be enacted with minimal impact on the consumers of water and sewerage services? Why, therefore, have this reservation?

I want to talk specifically about teachers’ pay and conditions. The issue is dear to my heart because I was a teacher before coming to this place. I taught in England and in the great county of Powys—indeed, I taught in the great constituency of Brecon and Radnorshire, at an excellent school called Ysgol Llangorse. I had a seamless move across the border from England into Wales, and I was able to benefit from remaining on the same teaching pay spine—it must be said that I had a bit of a promotion at Llangorse, for which I was very grateful—with the same conditions. I should also say, although not to infuriate friends on the Conservative Benches, that I remain a very proud member of NASUWT and pay my subs regularly.