Wales Bill — House of Commons, 2016-09-12
Topic: Law and Crime
Liz Saville Roberts (Plaid Cymru, Centre-left to left): I rise to speak to new clauses 8 and 9, in my name and those of my Plaid Cymru colleagues. These provisions aim to guarantee the devolution of the youth justice system and the funds generated by the apprenticeship levy respectively. I will first discuss new clause 8 Continuing with the ineffective and complex mix of devolved and non-devolved bodies to manage our youth justice system is not congruent with the Government’s promise of a clear devolution settlement for Wales. The illogical settlement of the current system was highlighted by former Youth Justice Board chair Professor Rod Morgan, and reiterated by the Silk commission, which found that "factors linked to youth offending were often related to devolved services, such as education and training, social services, and health, while youth offenders were dealt with through non-devolved services, such as the police, Youth Offending Teams and youth courts." The 61 youth offenders currently in custody in Wales could receive significantly better treatment as a result of a simple change in the Bill. Equally, youth offenders in north Wales, who are, as a matter of course, sent over the border because of a lack of provision in the region, would be much better served by a devolved system. Why does the Minister, therefore, wish to retain the current unwieldy and unclear system when the evident priority should be to rehabilitate these children and young people? As with every Plaid Cymru amendment brought forward, this is not a matter of politics, but common sense. Independent experts—independent experts, once again—are lining up to tell the Minister why he should devolve youth justice. I have already mentioned the Silk commission and Professor Rod Morgan, but the list goes on. Wales’s second Children’s Commissioner, Keith Towler, stated quite clearly that devolution responsibility over youth justice would make a massive difference in the way young people caught up in the justice system are supported, and it might even help cut crime. Leading legal academic, Richard Owen, has undertaken research to show the huge potential benefits of devolving youth justice However, perhaps the strongest statement came from the Howard League for Penal Reform, which has campaigned on the issue of youth justice for many years. When it found out that Plaid Cymru was putting forward this new clause, it wrote to me directly saying: "When it comes to Welsh children in trouble with the law, Wales should be able to come up with a Welsh solution to a Welsh concern. This is particularly the case because both social services and education policy are already devolved and it is a welfare-led approach which will prove most effective for troubled children." The Youth Justice Board in Wales already recognises that in its children-first approach, and there is an opportunity to build on that distinctiveness and to protect it from any Westminster-led reforms that fail to take into account the specific needs of Welsh children. Why do the Secretary of State and the Government continue to fail to listen to these independent experts The indications are that the Government’s upcoming report into youth justice, undertaken by Charlie Taylor, the former chief executive of the National College for Teaching and Leadership, is likely to come out in favour of further devolution. Why not, therefore, use the biggest legislative vehicle for devolution in Wales for years to remove youth justice from the reservations now? I anticipate that this matter, like many matters relating to justice, will be discussed here once again and without delay when that report is published later this year The Government have already said that they are looking to devolve aspects of youth justice to other areas of the UK. Can the Minister explain to the people of Wales why such authorities as the Greater Manchester combined authority are set to gain increased competence over youth justice, when the established National Assembly for Wales, with a track record on closely related issues, is not? Is he not standing up for Wales among his Tory Cabinet colleagues The relatively insignificant £300,000 cost the Government estimate would be involved in setting up a Welsh youth justice system would pale into insignificance compared with the positive outcomes for young people caught up in the criminal justice system. Financial savings might even be made if, as predicted by many experts, offending rates decrease following its devolution. The benefits for the UK Government and the Welsh Government are clear. This is not only a morally responsible policy, but a logical and financially sensible thing to do. Although we will not push the new clause to a vote, will the Minister please outline why he is not listening to the Silk commission and the plethora of experts urging him to devolve youth justice New clause 9 relates to the devolution of the funds generated through the apprenticeship levy. The Government’s chaotic and haphazard approach to the apprenticeship levy has left all the devolved Administrations in confusion. While the specifics are clear for businesses in England, the way in which businesses, public organisations, colleges and training providers in Wales will be able to access and benefit from the moneys generated by the levy remains completely opaque. Plaid Cymru has a long-standing commitment to improving the standard and increasing the number of apprenticeships in Wales. With every other area of apprenticeships, skills and training already devolved, it is incomprehensible that the Government have chosen to impose this as a blanket policy across the UK. Beyond the issues I have outlined as a matter of principle, an unacceptable number of questions remain unanswered. How will the levy work in relation to companies that employ people across the border? How will Wales receive the money owed to it through the levy, and how will we know that it is a fair allocation? Although we do not wish to press the new clause to a vote, we are asking for a clear commitment from the Secretary of State to ensure that Wales gets its fair and transparent share of the receipts generated by the apprenticeship levy I now turn to amendments tabled by the Government and Opposition Front Benchers. The Government’s new clause 5 is based on the premise of giving Welsh Ministers power to demarcate safety zones around renewable energy installations in Welsh waters and prohibit activities within such safety zones. That does indeed seem empowering. Unfortunately, however, it further highlights the senseless limit of 350 MW capacity on renewable energy projects, to which we are fundamentally opposed. Amendment 45 and its consequential amendment 47 remind us again of this limit. We welcome new clause 1, tabled by the official Opposition, which would amend the Coastguard Act 1925 and the Merchant Shipping Act 1995 so as to require the Secretary of State to consult Welsh Ministers in relation to the activities of the coastguard in Wales New clause 11 relates to keeping the devolution of policing to Wales under review. I could say much, but, like my hon. Friend the Member for Carmarthen East and Dinefwr (Jonathan Edwards), I have discussed these matters so many times in this Chamber that I feel it does not need to hear me reiterate them. I am glad that there is consistency in Plaid Cymru’s argument and that Labour is perhaps moving in the right direction Amendments 70 to 82 attempt to increase the limit on the Welsh Government’s legislative competence in the field of energy from 350 MW to 2,000 MW. That would of course be welcome. However, why do the official Opposition still believe that we must put an arbitrary limit on the Welsh Government’s powers at all when there is no such limit on the powers of the Scottish Government? I was pleased that for once the official Opposition supported our amendment in Committee to remove the limit altogether, so I am disappointed that in these amendments they appear to have rowed back on their support for allowing Welsh natural resources to be in the hands of the people of Wales I would greatly appreciate from the Minister clarification of amendment 50, which relates to the negative resolution procedure for Welsh Ministers under the Energy Act 2004, as that is not particularly clear as it stands Question put and agreed to. New clause 5 accordingly read a Second time, and added to the Bill. New Clause 3 Rail: franchising of passenger services "(1) Section 25 of the Railways Act 1993 (public sector operators not to be franchisees) is amended as follows (2) At the end of subsection (2A) insert "or a franchise agreement in respect of services that are or include Wales-only services." (3) After subsection (2A) insert— "(2B) For the purposes of this section a "Wales-only service" has the same meaning as in section 57 of the Railways Act 2005." (4) This section does not have effect in relation to any invitation to tender under section 26(2) of the Railways Act 1993 issued before the day on which this section comes into force."—(Paul Flynn.) This new clause would remove a restriction in section 25 of the Railways Act 1993 on certain public sector bodies bidding to operate a rail franchise that is made up of or includes rail services within Wales. Brought up, and read the First time. Question put, That the clause be read a Second time.