Draft Welsh Ministers (Transfer Of Functions) Order 2018

Susan Elan Jones Excerpts

Tuesday 8th May 2018 General Committees

[Chris Ruane (Vale of Clwyd) (Lab)]

It is a great honour to serve under your chairmanship, Sir Christopher, on this important matter. The draft order continues the long process—too long a process, some would say—of devolving powers from London to Cardiff over the past 21 years. I am sure that the Minister will be delighted to hear that we will not oppose these measures, which will ensure greater devolution to Wales.

Labour is the party of devolution. I was proud to play my full part in the devolution referendum in 1997 as the north Wales campaign co-ordinator. I was proud to vote for the Government of Wales Act 1998 and campaign for additional powers in the successful referendum in 2011. These powers have been a long time coming and it is a privilege to be on this Committee today when these powers will be tidied up and finally devolved.

[Susan Elan Jones (Clwyd South) (Lab)]

Many members of the Committee will be intrigued to see measures such as the Conservation of Seals Act 1970 included. We now know that the seals of Wales will be fully devolved.

[Chris Ruane]

Labour seals.

[Susan Elan Jones]

Indeed. One of the things that strikes me about the draft order is the number of references to agriculture. Does my hon. Friend agree that, as we come to the post-Brexit era, it makes more and more sense for measures relating to agriculture to be decided by our devolved Government in Wales?

[Chris Ruane]

Absolutely. Agriculture in Wales pre and post Brexit is a top priority. Some 58% of farmers in Wales voted to leave the EU because of the promises that the funds they received on a regular basis from Brussels to the farm gate would be secure. Now they find that will not be the case.

The order represents an important change in the devolution settlement. Although the majority of the functions in it are relatively minor, their transfer to Welsh Ministers represents a significant step forward in matching the legislative competence of the Assembly with the Executive competence of Ministers. What the order does not do, as Labour argued consistently through the passage of the 2017 Act, is create the clarity that the opportunity of a new Wales Act could have provided. The whole period following the Silk Commission’s conclusions has been a missed opportunity by the Conservatives to put Wales on a stable and sustainable footing, consolidate all existing legislation and provide proper alignment.

On this journey, we had the debacle of the St David’s Day process, where the Tories could not get anyone to agree with them, yet persisted in calling it an agreement prior to the initial draft Wales Bill being published in 2016. The 2016 draft Bill was so universally loathed by politicians, academics and lawyers alike that significant changes had to be made before the Bill was introduced in Parliament the following year. We welcome those changes.

The Welsh Labour Government reluctantly recommended a legislative consent motion to the Assembly in 2017—not because the Wales Bill was perfect, but because it represented another step along the road towards the clarity that Wales deserves. That is where this TFO—transfer of functions order—comes in. As I said, it goes some way towards aligning the legislative competence of the National Assembly with the Executive competence of Welsh Ministers.

Of the 47 articles in the transfer order, there are three areas of significance: teachers’ pay and conditions, civil contingencies and elections. On teachers’ pay and conditions, we note the later date of 30 September 2018 for those coming into force. This, I understand, was at the Welsh Government’s request and is to ensure the smoothest possible transition for teachers in Wales when the new school year starts. I thank the Government for listening and for making the amendments proposed by Welsh Ministers.

The transfer of functions to Welsh Ministers in relation to civil contingencies should provide clarity for all those who deal day to day with emergency planning. We believe that will make for a better service response for the public and it is to be welcomed. I recently met the chief fire officer for north Wales, Simon Smith, to discuss fire issues and emergency planning. I pay tribute to all those who protect us in emergency planning and civil contingencies, including the police, fire services, ambulance services, local authorities, the coastguard and the NHS. I am sure they will be pleased with the joined-up approach that we are discussing today.

With respect to elections, we note that the functions will be transferred on a different basis from the other provisions in the TFO. Instead of listing the specific provisions to be transferred, the TFO provides that all functions in certain election-related enactments will be transferred, but only in so far as those functions fall within the legislative competence of the National Assembly. That appears to introduce some uncertainty: it is not exactly clear which functions have been transferred, making the TFO slightly difficult to navigate. We understand that the Welsh Government offered an alternative draft to the UK Government that would have addressed that point. Perhaps the Minister can explain to the Committee why it was thought necessary to proceed on the basis of what we have before us. Why did they not accept the Welsh Government’s proposals?

The final issue is Milford Haven port. The UK Government have compounded their determination to keep control of the port. Will the Minister confirm that they have no plans to privatise the port and will work with the Welsh Government to ensure its continued significant contribution to the economy of west Wales at this significant time, with Brexit looming large over us all?

The transfer of functions is generally to be welcomed. We will not divide the Committee, but I would appreciate if the Minister could shed some light on those issues.