Wales Bill — House of Commons, 2016-09-12
Topic: Government Operations
Wayne David (Labour, Centre-left): 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.