Wales Bill

Wayne David Excerpts

Monday 12th September 2016 Commons Chamber

[Alun Cairns]

The Government new clauses and amendments deal with a number of issues, in three main categories. First, there are a number of technical drafting changes to ensure that the new devolution settlement functions as it should. Secondly, there are amendments addressing several issues that have arisen during the ongoing discussion of the Bill with the Welsh Government, the Presiding Officer and the Assembly Commission. Thirdly, I am pleased to have tabled a number of amendments that address issues that I committed to return to when they were raised in Committee before the summer recess.

New clause 4 deals with a drafting issue and is a consequence of the devolution of responsibility for local government elections. It makes changes to provisions in the Police Reform and Social Responsibility Act 2011 relating to the timing and franchise for police and crime commissioner elections, which are reserved under the Bill and are currently linked in law to timing and franchise for local government elections. Under the Bill, responsibility for that provision will be devolved to the National Assembly for Wales. The new clause is therefore necessary to avoid certain aspects of PCC elections in Wales being subject to any future changes that the Assembly makes for future local government elections in Wales.

Hon. Members will be aware that the St David’s Day agreement provided that all aspects of the election of PCCs in Wales would remain the responsibility of the UK Government and Parliament. The Bill provides that PCCs, including their elections, are reserved matters, so the Government believe that the new clause is appropriate. It provides that the timing of ordinary elections of PCCs in England and Wales will cease to follow the timings of other ordinary elections in England and Wales. Instead, it provides for them to be held on the first Thursday in May in the year of an election.

The new clause also amends section 52 of the 2011 Act so that the franchise for PCC elections in Wales ceases to correspond directly to that for local elections and instead corresponds to the parliamentary franchise, with the exclusion of overseas electors and the inclusion of peers and EU citizens, who are entitled to vote in local government elections.

[Wayne David (Caerphilly) (Lab)]

My understanding is that the Government are currently considering a report from the Law Society on consolidating and simplifying electoral law. Given that PCCs are not a devolved matter, would it not be sensible for the Government to hold their fire and amend legislation on that, rather than introducing an amendment at this point?

[Alun Cairns]

The hon. Gentleman is clearly missing the purpose of what we are trying to do. We are seeking to devolve responsibility for local elections to Wales, but because the franchise for those elections is linked to that for the elections for police and crime commissioners, any change to the franchise for local government elections in Wales will have a consequential effect on that for PCC elections, which are non-devolved. We are therefore seeking to separate the franchises, so that the same people have the right to vote as is currently the case. That will give the Welsh Government the freedom to change the franchise for local government elections as they see fit, should they, for example, wish to change the voting age. It would not be appropriate for such changes to be extended to elections for police and crime commissioners. That is the purpose of the new clause.

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[Wayne David]

I want to say a few words about new clause 11 and whether the devolution of policing is to be kept under review. I begin with a non-partisan point. When I was a Wales Office Minister for some 18 months, it struck me during meetings at the Home Office to consider policing in England and Wales how it became matter of fact simply to talk about England. That changed when I banged the table a few times, but it was interesting, going back several years now, that there was already a mindset that policing had been devolved to Wales—so they thought—and that it need not be considered by the Home Office. One of the unintended consequences of devolution is the assumption, certainly made by senior civil servants at that time—I suggest that it is still made—that policing has been devolved and that it should be considered on an England-only basis. It is not enough for us to keep on reminding people that it is not devolved; we have to realise why that assumption has been made and work out what is the logical direction of travel. A fair point made frequently by our colleagues in the Welsh Assembly is that policing is the only non-devolved emergency service in Wales.

Over the past few years, we have seen a movement towards the practical involvement of the Welsh Assembly in the day-to-day development of policing strategies, particularly on community safety. They fund a large number of police community support officers—I think they call them community support officers—and there are initiatives on counter-terrorism and how to get effective policies to tackle the threat. The Tarian unit is looking at organised drugs crime in Wales and how to combat it. Also, as has been mentioned, Wales has four police and crime commissioners who argue strongly and logically that the time has come for the devolution of policing to be seriously considered. The four police authorities in Wales have created a police liaison team that involves senior officers regularly meeting the Welsh Government. In a sense, a dovetailing is already taking place before our eyes on day-to-day policing.

I am not suggesting that this is an easy matter to be considered and then easily devolved, as it is not; it is complex and difficult. For example, the funding arrangements for policing in Wales are the most complicated of those of all the public services. More than a third of all police funding in Wales comes from the Home Office —that is more than £250 million a year, so we are talking about a heck of a lot of money. Before any devolution occurs, we want to be sure that we have funding arrangements commensurate with the powers that are devolved. That important issue must be central to any discussions and future negotiations.

We will also have to be mindful of the need for effective cross-border co-operation in any devolution of policing. As we all know, crime does not recognise any international boundaries these days, and it certainly does not recognise Offa’s Dyke, so we need strong, automatic mechanisms of co-operation in place as part of any devolution strategy. On co-operation, it is also particularly important that we examine the issue of police training and recognise that no matter what the devolution package is, it is extremely unlikely that Wales would develop its own training strategy for police officers. We would have to buy in, if necessary, from the national College of Policing, which is based in Berkshire and does an excellent job on police training. We also need to continue our involvement with the National Policing Improvement Agency. Policing must not be separated; we need to make sure that a close partnership is developed and put in place, taking into account the current funding arrangements, which are no longer suitable for the situation in which we find ourselves.

This issue will not go away, because of political imperatives and because the practicalities of tackling crime efficiently necessitate more devolution and greater partnership with the institutions of government that exist in Wales and are developing—this Bill helps in their development. We do not need a knee-jerk reaction, simply saying that the devolution of policing can be done easily and quickly, as it cannot. However, this needs to be kept under review, as this sensible and moderate new clause suggests. I heard the Minister’s negative comments, but I hope that he will recognise reality and keep this issue full square on the table, so that we have an active and positive consideration, and that when the time is right and there is a political consensus for it, we devolve policing powers for Wales.

[Stephen Doughty]

I wish to speak briefly about two areas: the amendments on energy generation and new clause 6 on air passenger duty.

On energy, I have already indicated my support for many of the comments that were made by our Front-Bench spokesman and indeed that were coming from those on the Government Benches, too. I believe the Welsh Government should be having more say on this issue because the Welsh Government and the Welsh Assembly have set a very different direction on sustainability and energy production right from the outset. We saw the principle of sustainable development and sustainability embedded in the first Wales Act, and the sustainable futures Act and other legislation passed in the Assembly have also shown a different direction. I trust people there to make a better choice about the energy mix and energy production matrix in Wales than we are seeing coming from the UK Government, particularly when they abolish the Department of Energy and Climate Change and downgrade sustainability and climate change in their overall agenda. We have a different approach in Wales. The megawatt limits that are set at the moment are arbitrary, and we ought to be giving as much encouragement as possible to local decision making on this, for many reasons. In particular, I would like the removal of some of the impediments to local energy generation by community energy schemes, as so much damage has been done to these schemes.

At the Co-operative party conference this weekend—I am a proud Co-operative party MP as well—I heard about the damage that has been done to community and co-operative energy across the UK by the rapid changes, for example, to feed-in tariffs, and the bureaucracy surrounding such schemes. It has been a huge mistake and has caused great damage to the industry. We have a thriving community energy sector in Wales that I want to see grow and expand. Given the framework that the Welsh Government and the Welsh Assembly have set from the beginning and which is very much embedded in their structures, it makes clear sense to devolve and expand the powers in this area.

It may seem odd for me to talk next about air travel and new clause 6. I believe that the expansion of air travel must be in balance with other forms of transport and within the framework of the Climate Change Act 2008, Welsh domestic legislation on sustainability and the Paris agreement. I am not convinced by the case that the Minister outlined today about air passenger duty. I find it particularly curious that the Secretary of State, who has Cardiff airport in his constituency, just 15 minutes away from the boundaries of my own, is willing to oppose this idea. Expanding provision at Cardiff airport will lead to shorter journey times, less congestion, less traffic and less cost for consumers in Wales. It will generate jobs and opportunities for the Secretary of State’s constituents and mine, many of whom work in the airport and in the aerospace industry and supply industry locally.

On the idea that it takes just 60 minutes to get across to Bristol, I have travelled to and from Bristol airport on a number of occasions. I have travelled there by all the different modes of transport—I have driven in my car, I have taken the train to Bristol Temple Meads and caught the connecting bus, and I have taken the coach directly to the airport. Bristol airport is a very nice place and I had a very nice experience there. I have nothing bad to say about Bristol airport itself, but it is complicated to get there. It takes a long time. With Cardiff airport just 15 minutes down the road from my constituency and from our capital city, it seems odd that a Wales Office Minister—indeed, the Secretary of State—rather than getting the best deal for Wales, should stand up for an airport on the other side of the Severn bridge and encourage passengers to go over there.

There is a further issue. Ministers have talked about the opportunities for Welsh passengers to travel from Bristol airport. Those will remain, but we do not benefit as much from passengers coming from the south-west, for one very good reason: the Severn bridge tolls. Why would passengers choose to come across to Cardiff airport, which entails crossing a toll bridge, when they have an airport on their own doorstep? We need to think carefully about what is the right decision.

I was not an absolute believer in the original Welsh Government decision to get involved in running the airport. I admit I was a sceptic, but they did the right thing and their decision has borne fruit, as we heard. Passenger numbers are up 29%, as my hon. Friend the Member for Llanelli (Nia Griffith) said. A service has been launched to London to allow a connection to many of the international business flights from London City airport. Companies such as FlyBe are expanding their opportunities. It was good enough for the Welsh football team to travel in and out of Cardiff airport. I find it odd that the Minister and the Secretary of State appear to be more interested in protecting the position of Bristol, rather than doing what is right for Wales and especially for consumers in south Wales, who want to be able to travel from Cardiff airport and to connect.

That is particularly pertinent in light of the result of the EU referendum. If we want Wales to be able to take advantage of the global trade agreements that the Government are supposedly going to magic up for us in the next couple of years, we must enable businesses, especially larger ones, to connect to flights to the City of London and elsewhere quickly and efficiently, and not have to take two or three modes of transport to get to an airport quite far south of Bristol. We ought to make the most of our own airport on our own doorstep, which is at the hub of a thriving aerospace industry.

Let us not forget that we have the British Airways Maintenance Cardiff centre. The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), I think, mentioned the length of the runway and the airport’s ability to handle the world’s largest aircraft. That is crucial. Could we not make more of those synergies with 777s and, we hope, with A380s and 747s, which are already maintained there and perhaps in future could fly from there as well?

I will support new clause 6 because it would benefit Wales, my constituency, Cardiff South and Penarth, and constituents in the Vale of Glamorgan, and it makes sense in terms of the efficiency and sustainability of air travel from Wales in the future.

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[Wayne David]

Like other Members, I recognise that the Bill is a huge improvement on the Bill that the Government introduced a few months ago. During its passage, the significance of clause 1 may not have been emphasised enough. The clause states:

“The Assembly and the Welsh Government are a permanent part of the United Kingdom’s constitutional arrangements.”

I know that some constitutional experts have said that that statement is more apparent than real, because one Parliament cannot bind another, but I consider it to be an important and, indeed, unprecedented declaration of confidence in the Assembly and its Government.

I also recognise that the Bill takes us forward by moving from a conferred-powers to a reserved-powers model. The list of reserved powers is shorter and clearer than the list in the draft Bill. The new definition of “Wales public authority” is, I understand, a good definition. There are also clear provisions for cross-border bodies to have legislation and to be dealt with appropriately.

However, although the Bill constitutes a step forward and, hopefully, there will be fewer legal wrangles than there have been in the past, there is still a possibility of disputes. In Scotland, for example, there have been disputes over its reserved-powers model. There have been disputes about legislation that the Scottish Government have wanted to introduce in relation to adults and juveniles, and there has been controversy about legislation to replace council tax with a local income tax. A few years ago, there was a famous controversy over the Antarctic, which, apparently, was omitted from the list of reserved powers held by central Government. The Foreign Office went on to issue permits, but there was a distinct possibility of a legal challenge, because it seemed that, technically, it was acting illegally. The situation was only rectified when retrospective legislation was introduced in 1998. So we should not just blandly assume that there will be no legal problems. There may be some, although I hope that there will be far fewer than there have been in the recent past.

As has been pointed out by a number of experts in the constitutional unit, future disputes could have been avoided if a clear set of principles had been articulated in the Bill. I recently read an article by Alan Cogbill, who was director of the Wales Office between 2005 and 2009. He wrote:

“Articulated principles could help avert disputes. They would give the courts, if called on to adjudicate on legislative and executive powers…a basis from which to infer parliament’s intentions, instead of being called on to address what are properly political judgments.”

Unfortunately, the Bill does not do that.

I suggest, however, that this is not the end of the debate. Like other Members, I see devolution very much as a process. I hope that that issue, in particular, will be returned to in the not-too-distant future so that we can benefit from even greater clarity. I also hope that in the not-too-distant future we will not just consider devolution for Wales, Scotland and Northern Ireland, but consider it as a principle that is applicable to all parts of the United Kingdom, albeit in different ways, and I believe that the Bill will take us forward towards that goal.