Wales Bill — House of Commons, 2016-09-12
Topic: Government Operations
Mark Fraser Williams (Liberal Democrats, Centre to centre-left): Indeed. There is increased enthusiasm for the Bill, comparing attendance on Report with that in Committee, at least on the Opposition Benches I very much concur with the hon. Member for Clwyd South (Susan Elan Jones) on what she said about the particular relevance of some of the amendments, not least the one on betting terminals, amendment 1, as well as new clause 2. A big overarching issue with such Bills is sometimes the question: how is devolution relevant to my life? If there ever was an amendment that would have direct relevance to how people live their lives and are able to be supported in their lives, it is that amendment New clause 3 on rail franchising is another such amendment. The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) kindly allowed me to intervene on that point. Whether we have the capacity to control the rail network from Aberystwyth to Birmingham International airport will have a direct effect on my local economy, and prove a great convenience or inconvenience to many of my constituents. Such important issues are about making devolution relevant, and about making important decisions that are relevant at the most appropriate level. I therefore very much support at least those two amendments I want to say a few words about amendment 60, tabled by the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), whom I consider a friend. She serves with great diligence on the Welsh Affairs Committee. Of all the issues we looked at during pre-legislative scrutiny of the now infamous Bill, which had so many flaws, the issue that gained most prominence was that of distinct or separate jurisdictions. The Members who have asked what that actually means should look at the amendment in detail. Indeed, they should also look at the excellent report that the Wales Governance Centre has produced today, which gives a clear indication of why this issue is important I happen to share, as does my party, many of the aspirations of my Plaid Cymru friends, but my hesitancy on amendment 60 is about the timing. The executive summary the of Wales Governance Centre report, which is very timely, says that "the administration of justice will require continuing reform to accommodate increasing divergence between the laws and policies of England and Wales." That is a fact. Twenty-four pieces of legislation were passed during the last Assembly term, and there is a growing body of Welsh law that requires attention Sadly, the Government have shut the door on the issue. They set up a joint working group. I have seen the terms of reference, but I have not seen any report from the group. We do not know how the meetings have been undertaken, what the outcomes will be or what the outcomes will feed into in the future. That is why I look back with some regret to the Committee stage, during which an amendment calling for a commission on justice in Wales was rejected. As such divergence evolves and a body of Welsh law—it is recognised in this Bill, to the Government’s credit—emerges, there will be nowhere for it to go, which is why the idea of a commission was so important My problem with amendment 60 is that, as night turns into day, a great leap will be necessary. As Silk suggested, I think we need to consider a period of review and reflection—not vague, cul-de-sac, long-grass reflection, but something set up in statute, as would have been done by the official Opposition’s amendment in Committee, moved by the hon. Member for Newport West (Paul Flynn). The Wales Governance Centre has endorsed the idea of the need to look at and reflect on these issues, and to return to them in due course. Believe it or not, I suggest this issue will not go away; it will return. To our regret, the Government have shut the door on this issue Paul Silk said: "There should be a review within ten years of the case for devolving legislative responsibility for the court service, sentencing, legal aid, the CPS and the judiciary to the National Assembly." His report is now an increasingly dated document. I have referred to it repeatedly, but it was some time ago. When the First Minister produced the Government and Laws in Wales Bill—the Plaid Cymru research department has mischievously used the wording of the Labour party’s Bill, as it was right to do in tabling its amendment—he said something very important when questioned by my colleague Kirsty Williams. He said, in accordance with Silk: "Let’s not pretend that the devolution of justice is easy or that it can be done quickly. At the very beginning, we have to set up the expertise within Government to deal with issues of justice and to deal with the penal system, and that does take a long lead-in time. So, I think it’s a reasonable period of time—that 10-year period—in order to see justice devolved."