argyrotsipi/train-dataset huggingface dataset:
Wales Bill — House of Lords, 2016-11-07
Topic: Agriculture
Mair Morgan (Labour, Centre-left): We have quite a strange group of amendments here but, rather than uncouple them, I would like to suggest a degree of support for the points raised by the noble Lord, Lord Elis-Thomas, and the question from my noble friend. We believe that our amendments, notably Amendment 29 in the next group, will achieve the same result of a better alignment between the Assembly’s legislative competence and Welsh Ministers’ executive powers. I shall save my comments on the general principle of aligning legislative and executive powers until the next grouping I shall address the specific issue of fishing, addressed by one of the government amendments in this group. At present, Welsh Ministers have powers to exercise fisheries functions in relation to Wales and the Welsh zone. The Welsh zone includes a zone of 12 nautical miles next to the Welsh coast and the territorial sea, which, because Ireland is to the west of most of Wales, reaches beyond that point significantly only in the south-west of Wales, on the Pembrokeshire coast. Unfortunately, the extent of Welsh Ministers’ powers do not reflect the arrangements in England and Scotland, with those Administrations having executive powers in relation to their relevant areas. My understanding is that the Welsh Government have pursued a solution to this for several years, so it is encouraging that the amendment has been brought forward The amendment goes some way to addressing requirements, but it requires further work to work properly. For example, as currently drafted, the amendment would permit functions under Section 5 of the Sea Fish (Conservation) Act but not Section 5A, which permits functions to be exercised for "marine environmental purposes". A number of other aspects need to be considered. It would be better if the amendment mirrored the scope of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010, which covers the sort of functions required. It would help to achieve a degree of consistency around who controls fisheries management measures. While we support the Government’s amendment on fisheries as far as it goes, we hope that further work can be done on this matter before Report to ensure that the provisions are fit for purpose.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Mair Morgan (Labour, Centre-left): My Lords, I thank the noble Lord for setting out some of the issues relating to the transfer of Minister of the Crown functions and the need for an alignment of legislative and executive powers. Many of the amendments in this group make provisions for the executive competence of Welsh Ministers to be aligned with the legislative competence of the National Assembly; that is to say that Welsh Ministers would gain all the relevant executive functions in devolved areas. Given the Government’s intention of producing a Bill that is to provide clarity and coherence to the Welsh devolution settlement, it is difficult to understand why such a simple provision as the alignment of executive and legislative competence has not been included The Government have made it clear that they believe that the reserved powers model of devolution is superior to the conferred powers model—that is common ground between us. Why then does the Bill provide for a reserved legislative competence but continue to operate on the basis of a conferred powers model in respect of executive powers for Welsh Ministers The continued heavy reliance on transfer of functions orders, with their itemised listing of the statutory powers available to Welsh Ministers, is a relic from the past. I note that the Minister has said today that he will look again to see whether there are any more that he has left out. But it is the principle involved here that we are concerned with. We need now to fully accept the logic of the reserved powers model and align legislative and executive competence in the way set out in the simple and straightforward formula proposed in Amendment 29 It has become clear that the Government have used the Scotland Act as a guide in developing this Bill. Again, it is therefore difficult to understand why a fundamental principle of the Scottish devolution settlement is not being replicated in this Wales Bill. The Bill provides for the extension of the competence of the National Assembly in a number of areas. Surely as the legislative powers of the Assembly expand, it is essential to align executive powers with them. We recognise that transfer of functions orders will still be needed where there is a proposal to transfer ministerial functions in areas that are reserved—emergency powers are a case in point. However, in the general principle, it is just not clear why the Government have taken this point My noble friend referred to the constitutional committee of the Assembly. I now want to refer to the House of Lords Select Committee on the Constitution, which said that: "If the Government’s intention is to align, as far as possible, the executive and legislative competence of the Welsh Assembly and Government, we question why it is doing so via secondary legislation rather than in primary legislation—as was the case in Scotland" The general principle should be that executive powers in devolved areas should be exercised by Welsh Ministers. Why do the Government have such difficulty with this simple proposition? I hope that the Minister will be able to enlighten us.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Alan Thomas Howarth (Labour, Centre-left): My Lords, the call for the alignment of legislative and executive powers is not just a call for tidying-up: it is a call for clarity of accountability. Unless we have that alignment, in the same devolved matter, Welsh government Ministers will be accountable to the Welsh Assembly on some aspects and Ministers of the Crown will be responsible to this legislature on others. That makes for confusion and a political mess. Is not it far better to get some coherence and clarity of accountability, as my noble friend and other noble Lords are calling for?
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Mair Morgan (Labour, Centre-left): The noble Lord has not clarified to me why he would object to the principle of this alignment between executive and legislative competence. He has told us that he has looked at all these different things, has brought most of them forward, that there is a long list and that he does not think there are many more. But why would he object to the principle of this alignment?
Wales Bill — House of Lords, 2016-11-07
Topic: International Affairs
Paul Murphy (Labour, Centre-left): I support this amendment, the first of a series dealing with individual areas where the British Government do not want certain things devolved to the Welsh Government. I understand why that should be the case in some areas but the onus is squarely on the United Kingdom Government to explain why it should not be the case in others. I am not convinced that Milford Haven should be any different from any other Welsh port. If the issue is about the devolution of ports, the ports should be devolved, both Milford Haven and the rest of them. There may well be a reason but, given the general situation in regard to all these functions, as we go through them today and next week, I repeat, the onus must squarely be on the Government to explain why, under this new system of reserved powers, the Welsh Government cannot have responsibility for them.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Mair Morgan (Labour, Centre-left): My Lords, I thank the Minister for his comprehensive answer. There is a lot to digest It gives me a degree of comfort to understand that the amendment will fail the relate test if it has reserved matters as its purpose—that was clearly underlined by the Minister. The shifting of the burden of proof is also useful. I find that examples tell the story more readily than heavy legalese. However, it would have been useful to have heard examples of where it would have failed. We may be able to look at that in future. We need to be clear about where the lines are It was useful to understand that there will not be a need for consent by a UK Government Minister in relation to reserved bodies if it relates to general duties. I am again comforted by that As I say, there is a lot to digest and we will need time to look in detail at the Minister’s answer to see whether it meets some of our concerns. At this point I reserve judgment on whether he has answered all of my concerns and beg leave to withdraw the amendment.
Wales Bill — House of Lords, 2016-11-07
Topic: International Affairs
Alan Thomas Howarth (Labour, Centre-left): My Lords, while I share the aspirations of the noble Lord, Lord Wigley, I would like to ask him a couple of questions. The condition of his amendment is that the provision should have, "the agreement of the UK Government and the Government of Chubut" Can the noble Lord tell us that he has squared the Government of Argentina, or is that not necessary because competence in this matter has been devolved from Buenos Aires to Chubut?
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Alan Thomas Howarth (Labour, Centre-left): My Lords, I have huge sympathy with what the noble Lord, Lord Elis-Thomas, just said. Why have the Government not presented this legislation to Parliament in consolidated form? That would have greatly facilitated scrutiny and, more importantly still, as the noble Lord suggested, it would be for the benefit of the people of Wales and all our fellow citizens who are interested in and care about the development of our constitution, by enabling them much more readily to understand the Government’s constitutional proposals. I cannot see why we must wade through these thickets of legislative obscurity to try to get the measure improved and an adequate and comprehensible piece of legislation presented to the world.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Paul Murphy (Labour, Centre-left): My Lords, I yield to no one in my admiration for my noble friend Lord Elystan-Morgan, but although I agree fundamentally with one of his amendments, I disagree fundamentally with the first. Dominion status is about the shedding of British governance. The 1931 statute of Westminster gave the dominions power over their own affairs, effectively making them semi-independent. I do not want to give up British governance in Wales; I am glad that we have it—and I am also glad that we have Welsh governance in Wales. I like the two, which is why I believe that we are in the right position in the United Kingdom whereby we have devolved Governments in those places that require them—Wales, Scotland and Northern Ireland. I hope that we can extend the same system of government to parts of England, too. I have always believed that, and I think we are heading towards it I cannot agree with the first of the amendments, but I fundamentally agree with the second—that a working party should be set up to look at the operation of Schedule 1 to the Bill. The noble Lord, Lord Elystan-Morgan, is absolutely right and put his finger on it when he asked why this particular list has come to fruition. It has come to fruition because individual government departments have made a wish-list of what they wanted to keep. It was not about looking at the bigger picture of what should happen in this new dispensation for Wales. So to have a body that looks at the operation of the new situation in Wales, with the reserved power Assembly, with this schedule, is absolutely right and I support it.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Alan Thomas Howarth (Labour, Centre-left): My Lords, I will not embark on a personal excursion into Welsh history. However, apropos the excellent Amendment 46, in the name of the noble Lord, Lord Elystan-Morgan, which would establish a working group to review the operation of Schedule 1, I hope that the members of that group would follow the example articulated by the Silk commission and the Welsh Affairs Committee, both of which recommended that, in determining what matters should be reserved and what not, principle guidance should be issued so that there are criteria against which all can judge whether a reservation proposed by a department in Whitehall could be justified. Unfortunately, that guidance as to principle, and the questions that departments should ask themselves, was not issued The consequence is that we have this ragbag of reservations which have been accumulated all around Whitehall, apparently on no better basis than what we have we hold or, if in doubt, we will hang on to. That is a very poor basis for the institution of a reserved powers model for devolution, so I hope that all of us welcome the proposition of the noble Lord, Lord Elystan-Morgan, that such a working group should be set up. I simply want to see added to its terms of reference as set out in his amendment that principle guidance should be provided for that working group, or that that working group itself should develop the principles. But we must have criteria against which judgments can be made on whether particular reservations are appropriate or not.
Wales Bill — House of Lords, 2016-11-07
Topic: Law and Crime
Alan Thomas Howarth (Labour, Centre-left): My Lords, it is simply demeaning for Wales that public order and policing should not be devolved. Why should Wales, which has a mature Assembly and is a nation anxious to take more responsibility for its own affairs, not be allowed the same level of responsibility as Northern Ireland and Scotland? I have not heard a good reason. I do not believe that there is any greater necessity to have a single system embracing England and Wales than there is for other parts of the United Kingdom If the Government would be a little bolder and allow devolution of responsibility in such matters as drugs and alcohol, everybody might benefit because Wales would have the opportunity to experiment with policy. In the field of drugs and alcohol, for example, we know very well that the existing orthodoxies, practices and policy are not working particularly well. Often they are working downright badly. We have huge problems with regard to drugs and alcohol. Surely it would be better to allow Wales to pioneer and develop policies of its own. Wales would obviously have to take responsibility and a degree of risk, but it is surely better that it should be able to take responsibility and to experiment than that we should simply carry on in Wales with orthodoxies that have failed in the United Kingdom as a whole. No harm has been done by Wales having a degree of independence in education policy—in schooling, for example—so surely that is the right principle There will, of course, be questions of resources if more responsibilities, particularly the major responsibility for public order and policing, are to be devolved. In consideration of that we have again to go back to the question of the devolution of income tax-varying powers. We debated that issue earlier this afternoon. I shall very gently make a point to the noble Lord, Lord Crickhowell, who disputed whether a manifesto commitment was being broken by the Government. If he looks at the Second Reading debate in the House of Commons on 14 June, at col. 1653 he will see his Conservative colleagues Mr David Jones, the former Secretary of State, and Mr Chris Davies, the Member of Parliament for Brecon and Radnorshire, bemoaning the fact that the Government have, in fact, broken a manifesto commitment in that regard. I do not want to labour the point, but it ought to be corrected for the record. Certainly we have to consider, in conjunction with the question of what reservations are appropriate and what reservations the Government may decide after all to abandon, the associated question of resources—because it is no good willing the end without enabling the Government of Wales to have the means.
Wales Bill — House of Lords, 2016-11-07
Topic: Government Operations
Mair Morgan (Labour, Centre-left): My Lords, I know it is very late, but this a critical group of amendments. This is the first time we have discussed the reservations, and it worth pausing a moment to think about them and the way the Government have approached this issue There are a number of reasons why I think the Government’s approach to how they have included certain reservations is lacking. I shall refer to some key quotations. The first comes from a letter from the First Minister to the then Secretary of State for Wales after the Secretary of State announced in November 2014 a programme of work designed to produce a new devolution settlement for Wales. The First Minister expressed his support and said that, "previously, under administrations of both political colours, the development of a clear and robust settlement has … been hindered by a nit-picking reluctance on the part of particular Whitehall Departments to acknowledge the case for further transfers of responsibilities. It will be important that that reluctance should not re-emerge" However, I am afraid we have seen it again.
Airport Capacity — House of Lords, 2016-10-25
Topic: Transportation
Stanley Clinton Clinton-Davis (Labour, Centre-left): My preference is that Gatwick and Heathrow should both be expanded, but this decision is really about Heathrow. Although it has been provisionally selected, we still have to wait, and there is considerable uncertainty about the future. Meanwhile, Paris, Frankfurt and Schiphol will not wait, and British aviation will, regrettably, pay the price. Is that right? The Government hesitate. Behind all the Minister’s soft words, there is still hesitation, and there is no certainty that further delay will result in decisive action, which is what is required at the moment. Is there no possibility of speeding things up? Many people are divided on this issue. As a former Aviation Minister, I consider that we must act speedily, and the delay which the Minister recommends is not the right decision.
Airport Capacity — House of Lords, 2016-10-25
Topic: Transportation
Clive Soley (Labour, Centre-left): I commend this Statement because it is an important step in the right direction, but we are not there yet. I have been in similar situations over the last 20 years on this issue. Can the Minister make sure that he brings on board everyone in the regions—particularly the airports that are desperate to expand their economic activity—in support of this proposal? This is not, as the noble Baroness, Lady Randerson, said, something for the south-east. This is for the country. I say that as someone who has lived under the flight paths for 40-odd years, and represented constituencies under them for a quarter of a century. The loudest voices are not necessarily the most representative. There are many, many people in those areas who know how important this is for jobs and prosperity There comes a point in time—which, frankly, we have passed—when you have to put national need above local issues. I found in my many years as an MP that I could carry people with me on this when I explained its importance. Many young people at the jobcentres in west London know the importance of that skilled employment at Heathrow. Let us get on with this and make a plea to those who are opposed to it to look at the depth and quality of the evidence in favour—from business and from all the trade unions bar one—and say that this project needs to go ahead, particularly in the light of Brexit, and in the light of the needs of the British economy.
Airport Capacity — House of Lords, 2016-10-25
Topic: Social Welfare
Alan Thomas Howarth (Labour, Centre-left): Has the Minister noticed that when faced with the need to take a decision on aircraft capacity in the south-east, which would cause dismay to middle-class voters in marginal constituencies, this Government dithered and procrastinated for year after year—whereas when it came to making decisions such as cuts in social security, which would cause deep distress to working-class voters in constituencies that the Conservative Party does not hope to win, this Government acted without hesitation or scruple? What has that done for the reputation of politics, and how would the Minister characterise a Government of that kind?
Airport Capacity — House of Lords, 2016-10-25
Topic: Transportation
Peter Hain (Labour, Centre-left): My Lords, I support the Government, not because there are not important residential and environmental concerns—because there are—but because this decision is genuinely in the national interest of Wales, the West Country, the Midlands, the north, the east and, indeed, the south-east, and because it is the only hub airport capable of getting back some of the traffic we have lost to Paris and Charles de Gaulle. Will the Minister confirm that the decision has already been made to allow traffic by rail from the West Country and south Wales via Reading to go straight to Heathrow? That is important.
Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016 — House of Lords, 2016-10-25
Topic: Law and Crime
Jeremy Hugh Beecham (Labour, Centre-left): My Lords, I begin my response to the noble and learned Lord’s address by doing something quite unprecedented in my brief parliamentary lifetime. I offer twofold congratulations to the Government, first on winning a case in the Court of Appeal when they had been challenged and, secondly on their very constructive response to the situation by making adjustments to the system which had been subject to challenge in the way that the noble and learned Lord has described. It is a sensitive and sensible move and I congratulate the Government on it. I suspect that the hand of the Minister was very much involved in achieving that result In the course of the short debate in the House of Commons, the Solicitor-General remarked on the question of reviewing LASPO, as the noble and learned Lord did when I asked a Question this afternoon. The Solicitor-General, Sir Oliver Heald, confirmed what the noble and learned Lord said this afternoon: there is to be a review, given that we are now four and a half years after Royal Assent, but he was not tempted to announce its date today. The noble and learned Lord indicated earlier that he is not in a position to do that either at this stage. Nevertheless, it would elicit further compliments from the Opposition Front Bench if we had an indication, as soon as is reasonably feasible, of the date of commencement of such a review. It would do so even more if the Minister could indicate that the review will look as sympathetically as it has on this issue on others affecting access to justice, such as the difficult areas to contend with if you are not represented —debt, welfare, housing and family law—and equally on the impact of the Act and its restrictions to legal aid on the operation of the Courts and Tribunal Service, given the significant increase in the number of litigants in person I do not expect the noble and learned Lord to comment on that tonight, because I guess he is not in a position to do so, but I hope he will use his influence on his colleagues in the department to ensure that these things are taken into account when the review is launched and conducted.