Draft Welsh Ministers (Transfer Of Functions) Order 2018

Stuart Andrew Excerpts

Tuesday 8th May 2018 General Committees

[The Parliamentary Under-Secretary of State for Wales (Stuart Andrew)]

I beg to move,

That the Committee has considered the draft Welsh Ministers (Transfer of Functions) Order 2018.

It is a pleasure to serve under your chairmanship, Sir Christopher. The Wales Act 2017 delivered a clear devolution settlement for Wales, based on the firm foundation of a reserved powers model. The new model, which came into force on 1 April, puts in place a clearer boundary between the powers and responsibilities of this place and those of the National Assembly for Wales. Unlike in Scotland, there has never been a general transfer of Minister of the Crown functions in devolved areas to Welsh Ministers. The different history and geography of Wales, compared with Scotland, and the greater cross-border interaction mean that the transfer of functions in specific areas has been more appropriate. Such an approach makes it clear which functions have been transferred.

During the passage of the 2017 Act, the Government committed to making it clear through the Act and associated secondary legislation how the Minister of the Crown functions that remain in devolved areas will be exercised. The new schedule 3A to the Government of Wales Act 2006, which was inserted by schedule 4 to the Wales Act 2017, sets out the statutory Minister of the Crown functions in devolved areas that are exercised concurrently or jointly with Welsh Ministers. Also, a handful of so-called pre-commencement functions need to continue to be exercised solely by a Minister of the Crown. Those are set out in paragraph 11 of new schedule 7B to the Government of Wales Act.

The draft order transfers the remaining Minister of the Crown functions in devolved areas to Welsh Ministers. Many of those functions are pre-commencement functions, which Ministers of the Crown exercised before the National Assembly gained full law-making powers following the 2011 referendum. In October 2016 we published an initial list of functions that we intended to transfer. Since then we have worked closely with other Departments and the Welsh Government to identify the further functions in devolved areas that should be transferred.

The draft order is the culmination of that work, transferring functions to Welsh Ministers in a wide range of devolved areas, including health, education, agriculture and the environment. It also transfers functions to Welsh Ministers in areas such as Assembly and local government elections, teachers’ pay and the community infrastructure levy, to accompany the further legislative competence devolved to the National Assembly in those areas under the 2017 Act. The order also removes the requirement for Treasury consent from a number of functions exercised by Welsh Ministers where that requirement is no longer appropriate.

Finally, the draft order delivers on one of the commitments made in the St David’s Day agreement, which my right hon. Friend the Member for Preseli Pembrokeshire so ably delivered when he was Secretary of State for Wales. The commitment was to ensure a clear understanding of the UK and Welsh Governments’ respective roles in relation to civil contingencies, separating out devolved and reserved responders, and transferring co-ordinating functions for those devolved responders to Welsh Ministers. The order therefore further clarifies the boundary of responsibilities between UK Government Ministers and Welsh Ministers in relation to civil emergencies. The order makes it absolutely clear which functions have been transferred to Welsh Ministers, thereby delivering a clearer boundary between the responsibilities of UK Ministers and those of Welsh Ministers.

In drawing up the draft order, my officials worked closely with colleagues across Whitehall and counterparts in the Welsh Government. I am pleased that the First Minister of Wales has approved it. I commend it to the Committee.

--- Later in debate ---

[Stuart Andrew]

I thank all hon. Members for their contributions. I welcome the fact that the Opposition support the order. The order delivers on our commitment to transfer the remaining Minister of the Crown functions to Welsh Ministers and provides the clarity I have referred to.

On teachers’ pay, I am glad that the hon. Member for Vale of Clwyd said that we have listened. That is the approach that we have tried to take: careful consideration of all of the issues that needed to be looked at in great detail. I pay tribute to people right across UK Government Departments and in the Welsh Government for the significant work they have done.

My right hon. Friend the Member for Preseli Pembrokeshire gives valuable insight and I am glad that he was able to contradict the picture of what happened in the discussions on the 2017 Act. On his point about powers, they are absolutely going to the Welsh Government, and it will be for them to come up with the plans and policies that they want on teachers’ pay. That responsibility will lie with the Welsh Government.

[Ben Lake (Ceredigion) (PC)]

The draft order transfers a wide range of functions to Welsh Ministers, particularly in relation to agriculture and the environment. We still do not know what the specific consequences of clause 11 of the European Union (Withdrawal) Bill will be. Are there any functions in the draft order that may need to be retracted once the regulations in that clause are made clearer? If so, what will be the scrutiny procedure for bringing back any of the functions that are being transferred today?

[Stuart Andrew]

Of course, these are the particular functions that we have identified at the moment. Clause 11 of the withdrawal Bill is a totally different issue. If any more powers need to be transferred to the Welsh Government, we will bring another order before the House so that they can be considered properly.

The hon. Member for Vale of Clwyd also mentioned civil contingencies, and he is absolutely right to point out the joint approach that has taken place. I join him in paying tribute to all those who work in the emergency services and keep us safe. They do a superb job. The clarity that we will now have in the management and planning of those will be welcomed right across the board.

On elections, the draft order makes clear the areas of election law to which the electoral functions that are being transferred will apply. It made sense to do that in this way, because the draft order would otherwise have become quite an unwieldy document. We felt that this was the best way to take this forward, and it means that it is now very clear that the functions for elections to local government and to the Welsh Assembly are now with the Welsh Government.

[Chris Ruane]

And Milford Haven?

[Stuart Andrew]

Milford Haven is a reserved trust under the 2017 Act, and policies concerning it are therefore a matter for the UK Government and Parliament, not the draft order. The hon. Member for Vale of Clwyd asked about its future. I cannot at this stage give any information on its future, but I will happily write to him on that.

I thank members of the Committee for considering the draft order. It is an historic day. The transfer of these functions brings a lot of clarity about the responsibilities of the Welsh Government and those of the UK Government.

Question put and agreed to.