Housing: Prefabricated Council Houses

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Thursday 1st November 2018 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, the housing White Paper set out specific measures to stimulate the growth of modern methods of construction, and the Government are encouraging industry to use these methods to deliver more homes. The industry has developed a wide range of modular and panelised systems for factory production to meet current standards. We do not propose to launch a design competition specifically to address the design and technical issues for off-site manufacture for council house building.

[Lord Thomas of Gresford (LD)]

We sit in a magnificent Chamber which was designed as a result of an architectural competition to such an extent that, 180 years later, we are prepared to spend billions to keep it going. We still have some of the best industrial and architectural designers in the world, so surely with modern methods of production and commercial nous they could combine energy efficiency with comfortable, inspiring and good-looking homes and spaces. Does the Minister agree that a design competition in the domestic sphere could be a catalyst to resolve the current housing crisis? Do we not need a new impetus to bring together all aspects of housing development, planning, manufacture, building and finance?

[Lord Bourne of Aberystwyth]

My Lords, it is a good idea—it is such a good idea that we are doing it. I said that specifically in relation to council house building. BEIS is initiating a competition as part of the industrial strategy in relation to housebuilding, and I should also say in relation to clean growth and the ageing society—those are the two streams. Details of that competition will be available in the new year—it is being launched in the spring of next year—and I will make sure that noble Lords receive the relevant information.

European Union (Withdrawal) Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Committee: 11th sitting (Hansard): House of Lords
Wednesday 28th March 2018 Lords Chamber

[Lord Bourne of Aberystwyth]

The noble Lord makes a fair point. I do not know the specific answer, but I will cover it in a letter to all Peers who have participated in the debate on these amendments, and place a copy in the Library.

[Lord Thomas of Gresford]

Perhaps the Minister can answer this question. Is the UK prosperity fund—which I think was in the last Conservative manifesto—intended to be administered or distributed on the basis of need or a population count?

[Lord Bourne of Aberystwyth]

My Lords, it certainly was in our last manifesto. As I have just indicated, it talks about reducing inequalities, so the noble Lord has that comfort. Again, I will ensure that any points not dealt with in my answers will be covered in a letter to all Peers who have participated on these amendments, a copy of which will be placed in the Library.

The noble Lord, Lord Wigley, made some points about cohesion funding, which dates back to 2000. I remember when the noble Lord was leader of the opposition in the Assembly and I was leader of the Welsh Conservatives—I later became leader of the opposition. I too went out to Europe and fought for this with Michel Barnier. I also remember the struggles that we had with the Treasury; that was accurately reflected. I agree with the noble Lord, Lord Thomas, on this point, which the noble Lord, Lord Wigley, made in the Assembly on many occasions. Such funding was not a badge of pride: it was coming to Wales because of the poverty that was experienced in west Wales and the valleys. It was not limited to Wales: Cornwall, Merseyside and so on were also involved. This was something that we did not really want to qualify for. There will be another round of funding from 2021 to 2027 and I will look at how that pans out. It is not guaranteed, even in European terms, that Wales will qualify. We were somewhat surprised in the last round of funding—it was very marginal—that Wales just managed to qualify. In one sense we were pleased, because to just qualify rather than just miss was welcome. We have to remember that there is no automatic right to it. It is based on 75% of average prosperity throughout the European Union.

There were some free-ranging points made about the referendum campaign—I remember the campaign in Wales as a campaigner for remain—but I will focus on the parts of the debate that were more central to the amendment and the legislation. First, however, I will touch on some of the funding that is coming to Wales. As a Welsh Office Minister, I know that we are participating very much in mid-Wales growth deals, north Wales growth deals and city deals. Stuff is going on which is helping projects in Wales now and engaging with the NFU, the FUW, the CLA and so on. Many things are happening in Wales that I am sure noble Lords across the Chamber would be pleased about.

Points were made about the Barnett formula. Lord Richard would have had much to say on this and we come back to it on many occasions. However, the issue exists independently of Europe and it is not made better or worse by our position in Europe. It does need addressing. In fairness, as part of the coalition in the previous Parliament, we ensured that the formula was ameliorated by the application of the Barnett floor, which benefited Wales. That said, I recognise the points about the historic position of Wales, unlike Scotland which benefits from the Barnett formula. I will leave that for another day, if I may.

The noble Baroness, Lady Humphreys, was there at the start and very much engaged with ensuring that we got the benefits of Objective 1 into Wales. In parenthesis, the giving of taxation powers to Wales, which was part of the coalition Government and the Silk commission and is now in process, should help to incentivise growth in Wales and is part of the added powers that have been given to the National Assembly for Wales. We should not fail to recognise that a lot of these issues are things that the National Assembly now can, and I have no doubt will, ameliorate.

The noble Lord, Lord Roberts, made a valid point about Welsh agriculture being much dependent on agricultural funding. I hope he takes comfort from what I have said about the agricultural budget up to the end of the Parliament. He is right that we have to focus on it. In fairness, it is not just a Welsh issue but, as he rightly recognises, it is central to a lot of Welsh life and many areas and close to the hearts of people in Wales.

The noble Lord, Lord Liddle, mentioned the Cumbrian situation and touched on federal issues. I can promise that just as I would take a call from Sadiq Khan, I would take a call from the noble Lord. If he wants to ring on any issues, I would be very keen to do that. I think Wigton is extremely important.

The noble Lord, Lord Adonis, referred appositely and correctly to the weak voice of England in our structures. I think that the noble Lord, Lord Foulkes, by inference touched on the incomplete part of the jigsaw in that we do not have regional voices for England, or not in the same way that exist in Scotland, Northern Ireland and Wales.

I perhaps take issue with the noble Lord, Lord Adonis, about the unknown mayor of Birmingham. I think that would be a surprise to many people. Many people know that it is Andy Street, just as we all know Andy Burnham. I do not think it would be quite right to refer to them as colonial governors, either.

Neighbourhood Planning Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Committee: 4th sitting (Hansard): House of Lords
Wednesday 8th February 2017 Grand Committee

[Lord Beecham]

I beg your pardon—it is grouped with this on the paper I have here. I will not make that point now but will deal with it when we get to that group. I beg to move Amendment 129A.

[Lord Thomas of Gresford (LD)]

My Lords, I speak in support of the noble Lord, Lord Beecham, on Amendment 129A. I also speak, as a member of the Delegated Powers and Regulatory Reform Committee, to express our surprise that there was no provision even for consultation, with the Welsh Assembly, when proposed changes to an Act or secondary legislation are made. As I understand it, if it is an Act, there would normally be a legislative consent Motion; if it is secondary legislation, a consent Motion. That was the original provision, and I assume it is still the same. The noble Lord, Lord Bourne, fortunately, is an expert in this field.

I can only assume that this is an accidental omission, as I cannot see any policy in it. It seems to me ludicrous that a Secretary of State could, with a stroke of the pen, without any consent in Wales and without any consultation, simply amend the Act. I shall speak further on the clause stand part debate in a moment.

[Lord Bourne of Aberystwyth]

My Lords, I thank the noble Lord, Lord Beecham, for moving this amendment and the noble Lord, Lord Thomas of Gresford, for speaking in relation to this issue as well. To deal with the situation in its entirety, I will need to look back to the provisions in the Wales Act 2017. The noble Lord, Lord Thomas of Gresford, may recall that we had a similar issue there—I think he was in his place when we discussed it. The noble and learned Lord, Lord Judge, will certainly recall it

To put this in context, first, I make the point that any amendments here—this anticipates what we will be discussing in the next debate—have to be consequential, which limits it to matters that arise in the legislation and are consequential. Secondly, in these cases there are always minor issues. I think this has universally been the case—I have yet to be shown an example otherwise, and I have checked quite a few. In the context of the Wales legislation, it was anticipated that occasionally the wrong terminology would be used. For example, parish councils exist in England, but they are community councils in Wales, and this is about things of that nature, which one would not wish to have to bring back for primary legislation. That is not the sort of issue that should be in primary legislation.

In the context of the Welsh position, it is also worth noting that not only is there power in the Wales Act to amend legislation in the National Assembly for Wales, but it also operates in the other direction, giving the National Assembly—effectively, Labour Welsh Ministers —the opportunity to amend our legislation. I appreciate that not all noble Lords were steeped in the process of the Wales Bill. In practice, as is confirmed by an exchange of letters between the Secretary of State for Wales and the First Minister, Carwyn Jones, on which I hope to expand in a letter to noble Lords summing up what has happened in today’s Committee, where we identify an issue that needs a minor amendment, we notify both the First Minister and the Presiding Officer, the Speaker in the National Assembly, who, if she wishes —it is a she at present—can draw it to the Assembly’s attention. Of course, under devolved arrangements, it is a matter for her and the National Assembly as to what they do. So it is a reciprocal arrangement.

I anticipate that the noble and learned Lord, Lord Judge, will say that, from a legal purist’s point of view, that is not ideal, but from a pragmatic point of view of dealing with minor amendments—if noble Lords can find anything major that is dealt with in legislation of this nature, I should be very interested to see it, because that would be an outrage. It is a tidying-up exercise. I hope that we can translate this to the Bill. I am happy to look at this point and deal with it in correspondence, but it is a common-sense approach to what is a relatively minor issue. With that, I ask the noble Lord to withdraw his amendment. I am happy to discuss it with him and other noble Lords afterwards, but I put the substance of how this operates in the context of Wales, because I think there is a read across, and we would do something identical, mutatis mutandis, under the Bill.

[Lord Thomas of Gresford]

My Lords, if that is the case and it is the practice to write to the First Minister and Presiding Officer of the Assembly, why not have that in the Bill so that there can be no slipup, if that will inevitably happen and is required to happen? It seems common sense that it should be in the Bill. An exchange of letters outlining a practice is in no way a safeguard against the arbitrary use of the power by the Secretary of State, widely drawn as it is.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord knows as well as I do the difference between convention and provision in statute. If everything that had been discussed in Committee on the Bill will put in statute, it would be a much longer and more complex piece of legislation. This is about finding the appropriate place to deal with it. As I said, I am happy to share the correspondence and discuss it further, but I do not think it should appear in the Bill.

[Lord Bourne of Aberystwyth]

My Lords, with respect, it is asking not for that but for an obligation to consult, and I have said that that is a reasonable request. It is effectively what is happening under the Wales legislation. I have said that we anticipate doing exactly the same, mutatis mutandis, under the Bill, so that, via the Presiding Officer, we are consulting.

[Lord Thomas of Gresford]

Can the Minister tell us whether there is any provision in a Welsh Bill intended to amend English legislation, or legislation at Westminster, where no consultation is required, in the same way—mutatis mutandis?

Wales Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Committee: 3rd sitting (Hansard - continued): House of Lords
Tuesday 15th November 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

I am grateful for the clarification on the existing charter flights. I am aware of our recommendation for long haul, although the scope of the amendment is probably broader.

As I said, the position in Scotland is very different because the airports are a long way from the next international airports, so the competition and fairness argument cannot apply. The United Kingdom Government have to look at these things in the context of fairness, and it would genuinely not be fair to an airport in England, which is unable to vary the rates, to compete with an airport that could. Noble Lords must surely see that point.

The point made by my noble friend Lord Hunt, speaking with a north Walian voice, was that this tax, if we were to adopt it, would not help the people of north Wales, for whom the nearest international airport would be Manchester or Liverpool; or, indeed, the people of mid-Wales, for whom it would be Birmingham —I am not sure that this is a plea for Birmingham, but I thought I would get in before it.

[Lord Thomas of Gresford]

I take issue with that. We have always wanted to develop our connectivity in Wales. There have been attempts to use the Broughton airstrip from time to time; I have flown on a regular service from Broughton to Cardiff in the past, and a very good service it was. Unfortunately, it did not pay.

If it were possible to reduce air passenger duty, Broughton would make a very good place from which to start flights, and I am sure it would be very popular in north Wales. Liverpool and Manchester are closer than Cardiff and Bristol. Edinburgh and Glasgow are closer than Cardiff and Bristol. They do not complain; they compete.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 7th November 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

I shall be very happy to discuss it further with the noble Lord.

The inclusion of exceptions to the Minister of the Crown consent process would undermine the whole principle of providing clarity within the devolution settlement over who can legislate for what.

The remaining government amendments in this group—Amendments 78A to 78D and 80A—build upon Clause 13, which is an important part of the Bill. Through that clause we are devolving competence to the Assembly so that it can set up its own regime for the audit and accounting of the Welsh Government and its public bodies, similar to the arrangements made by this Parliament for the UK Government and by the Scottish Parliament for the Scottish Government. Clause 13 has been the subject of detailed discussions between the United Kingdom Government, the Welsh Government, the Assembly Commission and the Wales Audit Office, and these amendments are the result of those discussions.

Through Amendment 78A we are devolving competence to the Assembly to amend Section 146A(1) of the Government of Wales Act 1998. Amendment 78B replaces paragraphs 5(2) to 5(6) of new Schedule 7B, as inserted by Schedule 2 to the Bill, with simpler drafting without changing the effect of the provisions in any way. The effect of these two amendments is that the Assembly will be able to modify Section 146A(1) of the Government of Wales Act 1998, which allows the Welsh Ministers to delegate or transfer supervisory functions to the Auditor-General for Wales, provided that that amendment is a provision about the oversight of the Auditor-General for Wales.

Through Amendments 78C and 78D we are devolving competence to the Assembly to amend sections of Part 5 of the Government of Wales Act 2006, other than those that are already listed in paragraph 7(2)(d), without the consent of the Secretary of State provided the amendments are incidental to, or consequential on, provisions relating to budgetary procedures or devolved taxes.

Finally, Amendment 80A will put in place key safeguards in paragraph 7 of new Schedule 7B so that the Assembly will be able to amend Treasury functions in Sections 138(2) and 141(4) of the Government of Wales Act 2006 only with the consent of the appropriate Minister.

Section 138(2) allows the Treasury to appoint another member of the staff of the Assembly as principal accounting officer for the Assembly Commission if the Clerk is unable to discharge these responsibilities or the post of Clerk is vacant. There are already arrangements for dealing with the replacement of an Assembly Clerk in certain circumstances, such as incapacity, and the accounting officer appointment should follow from that process. If these arrangements are changed, it is only reasonable that the Treasury gives consent because it is the guardian of the overall accounting officer system in the UK.

Section 141(4) ensures that the Treasury may continue to determine the form in which the Welsh Government submit their returns for the whole of government accounts. Although we are content for this to change in principle, the Treasury quite rightly wants to make sure that any change aligns with the arrangements for the Scottish Government, and so a requirement to seek Treasury consent is sensible.

These are technical but important amendments that build upon the important provisions in Clause 13. I therefore commend government Amendments 42A, 78A, 78B, 78C, 78D and 80A to the Committee and I urge the noble Baroness to withdraw her amendment.

[Lord Thomas of Gresford (LD)]

My Lords, the noble Lord, Lord Elis-Thomas, in introducing his Amendments 77 and 78, did not expand very much on what they mean. I support the Government on the necessary test for the law on reserved matters, and I think it is essential that it be confined in that way.

I would be extremely concerned if there were an attempt to have a different criminal law applying in Wales, save in matters concerned with the enforcement of regulations or Acts of the Welsh Parliament. However, any modifications to the criminal law that dealt with, for example, the meaning of intention, recklessness, dishonesty, and so on or “secondary criminal liability” would cause great conflict. I have to tell your Lordships that I was involved in the definition of “recklessness” in the House of Lords Judicial Committee 25 years ago. My argument was dismissed but 25 years later their Lordships overruled the previous decision. It was similar with secondary criminal liability. My argument about that many years ago was dismissed but in very recent times has been accepted. These are difficult concepts and they should not be interfered with in any way.

--- Later in debate ---

[Lord Thomas of Gresford]

My noble friend Lady Randerson. I was getting my names mixed up for a moment. She said the other day that it is—as a matter of fact, I have forgotten what she said so I shall leave it at that.

[Lord Bourne of Aberystwyth]

My Lords, I thank noble Lords for their participation in this part of the Bill. Through these amendments, the noble Lord, Lord Elis- Thomas, is seeking to provide the Assembly with the competence to consolidate the law as it applies in Wales. Through Amendment 43, I think that he seeks to broaden the circumstances in which the Assembly could legislate other than in relation to Wales. However, the amendment as drafted would actually narrow the Assembly’s competence to legislate otherwise than in relation to Wales by making the “no greater effect than necessary” test more restrictive. I am sure that this is not the noble Lord’s intention.

Through Amendment 44, the noble Lord and the noble Baroness, Lady Finlay, seek to give the Assembly a wide-ranging power to restate without modification any law that provides for the government of Wales. I think the noble Baroness, Lady Gale, was referring to an alternative Bill that is not a consolidation measure. We would hesitate to accept an alternative Bill which is nothing to do with consolidation.

Nevertheless, let me answer the question about consolidation because it seems to me that the consolidation of United Kingdom legislation can realistically take place only in the United Kingdom Parliament, and no more could or should the United Kingdom Parliament consolidate legislation of the Welsh Assembly or, for that matter, the Scottish Parliament.

The noble Lord, Lord Howarth, asked why we have not consolidated previously. The reason is that we have been under continuous pressure—I think that probably applied to the previous Government as well—to change the laws in relation to Wales because it has been a fast-moving position. There has been understandable pressure to make amendments, and it is difficult to consolidate the law at the same time as the law is being changed. In relation to an area that I know something about—company law—before the consolidation in the Companies Act 2006, which was then and I think still is the largest piece of legislation ever to go through the UK Parliament, there had not been a substantial consolidation measure since 1948, although there had been consolidation to some extent in 1985. That is why these things get postponed.

Before we get too exercised by this, I remind noble Lords that this does not alter the law. The law is there. I would need to be convinced, as I think others would too, that people in Wales are hanging about for a consolidation measure and that they want the law somewhere neatly. I do not think they are particularly exercised about this. I would have to be convinced that this is something that is exercising people up and down Wales or, indeed, in England. There was a suggestion—I am characterising it slightly—that this primarily concerns Wales, but it concerns England too, and Scotland, because it carves out the constitutional position within the United Kingdom.

That is not to say that it may not be necessary at some stage, but when it is done, it is important that it is done in the UK Parliament. In the meantime, it is important that we get the law right. I appreciate that we have got some way to go on some of that, but it is more important to get the law right before we consider consolidating it, so I ask the noble Lord to withdraw the amendment.

[Lord Thomas of Gresford]

I apologise to my noble friend Lady Randerson. What she said on the first day in Committee, which I now recall, was that there should be an easy way of access to Welsh law, and so far nobody has put together any form of loose-leaf book or anything of that sort that shows the current law in Wales. That is the point she made, which I follow.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Monday 7th November 2016 Lords Chamber

[Lord Thomas of Gresford (LD)]

My Lords, on 5 July, in the House of Commons, the Government promised to produce draft transfer of functions orders. Have those been produced so far—and if not, why not? Is the noble Baroness, Lady Morgan, right when she says that they will be conferred functions rather than reserved functions?

[Lord Bourne of Aberystwyth]

I thank all noble Lords who have participated in the debate on this part of the Bill and specifically the noble Lord, Lord Elis-Thomas, and the noble Baroness, Lady Morgan of Ely, who are seeking to broaden the definition of the Assembly’s legislative competence to include functions where consultation with a Minister of the Crown is required before modification, by virtue of paragraph 11(2) of new Schedule 7B.

Specifically in relation to the functions set out in that sub-paragraph, I should say first that they are very few. We should be clear that the great bulk of ministerial functions will be transferred by transfer of functions orders—that is the intention—but there are four here that need prior consent. I am willing to go away and look at these, but I have to say that some relate to circumstances that perhaps noble Lords have not taken account of. For example, the very porous nature of the border means that for water—noble Lords will know that we are still looking at this—the present position is that the National Assembly for Wales has some competence in relation to customers who are in England, and vice versa. Therefore, it is not quite as straightforward as it might be in Scotland, with respect to the noble and learned Lord, Lord Hope. That said, I will have another look at the functions as they are set out and be in a position to better inform noble Lords as to the precise thinking behind these.

However, in relation to, I think, Amendment 36, in the name of the noble Lord, Lord Elis-Thomas, or Amendment 37, in the names of the noble Lord, Lord Elis-Thomas, and the noble Baroness, Lady Morgan of Ely, the reason for the measure is specifically the evolving picture on water. We are still looking at that. That is why the measure is in the Bill. Having looked at it, I think it is probably wider than we need, because, if it is needed just for water and sewerage, I do not see why we cannot say so. Therefore, I will certainly take that back to see whether we cannot amend it. If the noble Baroness and noble Lord look at that provision, they may see that we need it because of the situation to which I have just referred of some English customers being subject to Welsh law and Welsh customers being subject to English law. We need to tidy that up.

The noble Lord, Lord Thomas of Gresford, asked about the transfer of functions orders. He will be aware that I wrote to noble Lords setting out those we intend to transfer. Because of the evolving nature of reserved matters—for example, on teachers’ pay—work on that is still going on. I assure him that work continues on that, perhaps not quite as we speak but pretty much as we speak. On the basis of these remarks, I would be grateful if the noble Lord would withdraw his amendment.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Committee: 2nd sitting (Hansard): House of Lords
Monday 7th November 2016 Lords Chamber

[Lord Thomas of Gresford]

In Committee, I think I am entitled to speak as many times as I wish. I apologise to the noble Lord, Lord Murphy, for interrupting him in full flow, but I still look to the Minister to give us some idea at this stage of how he sees it. What is the future fiscal framework? What does he have in mind? Will it be a deduction from the block grant, as the noble Lord, Lord Murphy, suggests, or will it not?

[Lord Bourne of Aberystwyth]

My Lords, I am very happy to supply the information that I gave previously at Second Reading, when I said that I would update noble Lords, before Report, on the progress of the fiscal negotiations that are going on between the Welsh and United Kingdom Governments. As I indicated then, the discussions are progressing well. The ministerial Joint Exchequer Committee has met twice and, according to reports I have had from both the Welsh and UK Governments, it is going well. I am not all over the detail; it would be unwise to be so until they are nearer to a conclusion. There will obviously be a reduction in the block grant because 10p income tax will be raised at the Welsh level. So the discussion is about exactly how we do what is right for Wales and for the United Kingdom within that context. It is good news that progress is being made.

Wales Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 31st October 2016 Lords Chamber

[Lord Thomas of Gresford (LD)]

My Lords, I was in this Chamber when this issue first arose in 1998 in the then Scotland Bill. I heard Lord Sewel produce his sentence, which was hastily cobbled together. There was no thought behind it. It was not part of the government programme at that time, but he was under great pressure from Scottish Peers to define when the Westminster Parliament would act where Scotland had competence. He came out with his phrase, using the word “normally”, in that context. It has found itself into the Scottish legislation and has been adopted for the purposes of this legislation.

It is an unsatisfactory solution. There are no doubt exceptional circumstances, such as a declaration of war or something of a really serious consequence, when the Westminster Parliament may wish to overrule the Welsh Assembly or act in its place, but the word “normally” does not cover that. It is open to huge misinterpretation and the sort of litigation to which the noble and learned Lord, Lord Judge, referred in his contribution before the adjournment. The Government ought to excise the word altogether. I seem to recall it was still in contention as to whether it was a satisfactory phrase in consideration on the recent Scotland Bill.

I also support Amendment 8 in the name of the noble Baroness, Lady Morgan of Ely. I prefer it to the amendment tabled by the noble Lord, Lord Elis-Thomas, because it is disjunctive whereas his is not. An “or” at the end of his proposed new paragraph (c) might have made it a bit clearer.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, I thank noble Lords who participated in the debate on this amendment. I turn first to the comments of the noble Lord, Lord Wigley. Clause 2 places the existing convention on legislative consent on a statutory footing. As the noble Lord, Lord Thomas of Gresford, just indicated, this is not something that the Government have suddenly dreamed up. It is an existing convention and something we committed to do in the St David’s Day agreement. As has been noted by various noble Lords, it is also in line with Section 2 of the Scotland Act 2016. The convention states that Parliament will not normally legislate on matters devolved to the National Assembly for Wales without the consent of the Assembly, or in the case of Scotland the Scottish Parliament. These amendments seek to broaden the convention in two ways. They seek to remove the “not normally” requirement and also seek to expand the circumstances in which Parliament would not legislate without the consent of the National Assembly for Wales.

That said—the noble Lord, Lord Elis-Thomas, is right that I am going to refer to the doctrine of the sovereignty of Parliament—I can, nevertheless, understand the points that have been made. I am grateful for comments about this from other noble Lords, including my noble friend Lord Crickhowell, and earlier from the noble and learned Lord, Lord Judge, who is not in his place at the moment. I will go back and have a look to see whether we are able to do something by guidance, but the whole nature of the “not normally” is that that there will be circumstances that are difficult to foresee.

The nature of this signals that they are not justiciable, because it is left to Parliament. However, in line with comments from noble Lords and in the interests of ensuring that we look at this from all angles, I will go back and see whether there is something that we can do in relation to guidance on the two issues in relation to devolved matters as raised by the noble Baroness, Lady Morgan of Ely, and the noble Lords, Lord Elis-Thomas and Lord Wigley. I urge the noble Lord to withdraw the amendment.

[Lord Thomas of Gresford]

I understand the Minister is saying that it is not justiciable as to whether the word “normally” is applicable in a particular case. However, it could be subject to judicial review if a Minister brought forward a Bill that was the subject of contention as to whether the circumstances were normal or abnormal. To say that it is not justiciable is not, I think, correct.

[Lord Bourne of Aberystwyth]

My Lords, I do not think that I said that. I said that it signals that it is not justiciable. I am making the point that noble Lords have been making about the generality of the phrase and that it is difficult to define, and it means that if Parliament decides something it can decide that this is not normal. That is the point about it. As I say, I will take it back and see whether we can accomplish what noble Lords are seeking in guidance.

Draft Wales Bill: Silk Commission

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Monday 30th November 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, it is not fair to say that progress is not being made on this issue. As the noble Lord is aware, the draft Wales Bill represents a move forward in favour of a reserved powers model. Work is continuing on that, as we speak, in discussions between the Welsh and UK Governments. It is not an easy thing to resolve, but significant progress is being made.

[Lord Thomas of Gresford (LD)]

Will the Minister explain why the Government are prepared to devolve air passenger duty to Scotland, notwithstanding the effect that may have on Newcastle, but will not do so to Wales? South-east Wales, and Cardiff Airport in particular, might benefit very much from this.

[Lord Bourne of Aberystwyth]

My Lords, devolution of APD is not a straightforward issue, as I am sure the noble Lord is aware. In Scotland, most people who travel by air do so from Glasgow or Edinburgh. In Wales, most people would not necessarily travel from Cardiff Airport. For example, people in the north would not think of doing so. In addition, the significant issue of state aid has to be looked at. Those are the two main reasons why it was not taken forward.

Draft Wales Bill

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Thursday 29th October 2015 Lords Chamber

[Lord Thomas of Gresford (LD)]

The Constitutional Reform Act 2005 requires the Supreme Court selection committee to,

“ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom”.

Of the 12 Supreme Court Justices, two are Scottish and one is Northern Irish. The Lord Chief Justice—the noble and learned Lord, Lord Thomas of Cwmgiedd, with whom I am occasionally confused—stands in from time to time. Will the Minister undertake to amend the draft Wales Bill to ensure that one seat will always be reserved for a Justice with experience of the practice of the law in Wales and, since the laws are passed by the Welsh Assembly in two languages, knowledge of the Welsh language? Such a judge could act as a mediator in any dispute between the Welsh Government and the UK Government as to legislative competence.

[Lord Bourne of Aberystwyth]

My Lords, that almost sounded like a job application. I know that the noble Lord is very proficient in the law and in Welsh. At the moment, it is done on an informal basis, but the noble Lord has a serious point, which no doubt will be taken forward as the draft Bill proceeds.

Arts: Concert Hall for London

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Tuesday 24th March 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

My noble friend is of course absolutely right. We need a concert hall that is comparable to those in Berlin, Vienna and Paris. The only way to get that is by re-examining this issue, which we are doing, along with Sir Simon Rattle, the GLA, the Barbican and the London Symphony Orchestra, so that we have a concert hall of international standing.

[Lord Thomas of Gresford (LD)]

My Lords, I have some experience of superb acoustics, having sung in Australia’s most iconic building—the world heritage Sydney Opera House. I was a top tenor in the Hong Kong Welsh Male Voice Choir at the time. Might I invite the Minister to consider a joint project for a concert hall on the £18 billion Nine Elms Lane development around the American embassy and Battersea Power Station? There are plans for shopping malls and two new Tube stations, but the area risks being a cultural desert—although the developers claim that there will be a modest theatre and Damien Hirst is threatening the site with an art gallery. I declare an interest as a resident of Nine Elms Lane.

[Lord Bourne of Aberystwyth]

My Lords, I am sorry to have missed my noble friend’s performance in Sydney. They are still talking about it down under. One reason why the site being looked at is in the City is the strong possibility of City sponsorship, which should not be ignored. However, I am sure that the feasibility study will look at matters in the round and consider my noble friend’s remarks.

Sport: Women in Rowing

Debate between Lord Bourne of Aberystwyth and Lord Thomas of Gresford

Thursday 5th March 2015 Grand Committee

[Lord Thomas of Gresford (LD)]

My Lords, on 11 April, Oxford and Cambridge women’s crews will race over the Putney/Mortlake 6.8 kilometre course for the first time ever. When in 1927 the first women’s race between the universities took place at Oxford, large and hostile crowds gathered on the towpath to protest. It was conceded that it was unladylike to row side by side, so the crews competed on time and style. Oxford were quicker but some of the umpires thought that Cambridge were more stylish.

Prejudice persisted. In the 1960s, a Cambridge college captain—male, of course—objected to women racing altogether. He complained:

“It is a ghastly sight, an anatomical impossibility and physiologically dangerous”.

By 1973, male attitudes had not improved. In the race that took place on the Cam, the boats nearly collided when a male spectator trumpeted the “Last Post” at the start. Talking about press coverage, the Times correspondent in 1973 thought it right to refer to the fact that the rowers had ankles, thighs, biceps and, most shockingly of all, padded seats, and that the winning crew had celebrated on beer and sang bawdy songs in a Cambridge curry house afterwards.

The times of patronising women’s rowing have long gone. It is a sport that has earned the right in this country to be treated with equality and parity. At Sydney in the 2000 Olympics, the GB women’s four gained silver medals for the first time, and they repeated that success at Athens and Beijing with rowers of the calibre of Katherine Grainger and Debbie Flood. Bronze medals were also won in the double sculls. In London in 2012, Helen Glover and Heather Stanning, both graduates of British rowing’s Start programme, unforgettably began a haul of gold medals in the coxless pairs. Katherine Grainger with Anna Watkins won gold for the first time in the double sculls, and Katherine Copeland and Sophie Hosking romped home in the lightweight pairs. In the Paralympics, golds were won by Pamela Relph, Naomi Riches and Lily van den Broecke. What those outstanding athletes did was to inspire women of all ages and abilities to take up the sport.

It is not all about the Olympics or university sport. In 1927 the very first Women’s Eights Head of the River Race took place over the tideway course, with just two clubs competing. As late as the 1980s, the event attracted only 50 crews—but in 2013, following the Olympics, the 73rd race attracted 320 entries and some 2,880 active women participants. A week on Saturday next, for the 75th race, there will again be in excess of 300 crews on the river. The competitors range in age from 15 to 70-plus—from beginners to international competitors.

Last weekend, I was able to talk to the captain of the Grosvenor Rowing Club of Chester, Louise Tobias. She epitomises the women who are now attracted to the sport. Louise was a hockey player, but, in her mid-30s, at the time of the Beijing Olympics, she was inspired by the British women rowers in action and decided to have a go herself. She joined a Learn to Row course and was soon into competitive rowing. She enjoys the elation in winning and the devastation of losing. She and her family revel in the strong social side of the sport. Last June, Grosvenor Ladies won the Leicester cup for coxed fours at the Henley Women’s Regatta, with two of the crew coming to rowing for the first time through Learn to Row courses on the River Dee.

However, if there is a drive for more participation, it has to be backed up with support both in the clubs and by funding. It is not expensive for the individual but it does collectively require expensive equipment—although boats and oars can be used over and over again with proper timetabling.

I turn to access. Of the 43,000 miles of inland river and canal waterways, 2,800 miles are currently in use for rowing. The potential for shared water use is considerable. Chester Royals, founded in 1838 and one of the oldest clubs in the country, have initiated a proposal for the development of a new water sports hub at their boathouse on the Dee, in conjunction with West Cheshire and Chester councils. Incidentally, like nearby Grosvenor, their captain is a lady, Jane Sweeney, the first to be club captain in the Royals’ 177-year history. I declare an interest as president of Rex Rowing Club, which rows nearby.

I hope that the Minister will be able to confirm the Government’s commitment to initiatives of this nature. However, last November, as co-chair of the All-Party Parliamentary Rowing Group, I wrote to the Secretary of State, Mr Javid, and I regret that I have not, as yet, had a reply. I drew attention to the plight of the Hillingdon Rowing Club, which was set up in 2012 with post-Olympic enthusiasm and is the only rowing club with many women novices in the area to the north-west of London. Hillingdon Outdoor Activity Centre caters for a number of water sports and accommodates rowing on a course of about 700 metres. Unhappily, it is on the route of the HS2 railway. The club’s proposal to relocate to nearby Broadwater Lake, where there is a stretch of some 1,200 metres, has been met by opposition from Natural England because of the number of waterfowl on the water. Rowing ought to be accepted as a natural and beneficial use of our waterways.

Volunteering is crucial to successful rowing. Coaching is key, and regrettably there is a dearth of women coaches. I am grateful to Lisa Taylor, an experienced coach who has written a thesis on the subject, who pointed out to me that lack of coaching may put off underconfident women. It may also have an impact on the retention of newcomers, because more ambitious athletes may feel unable to progress without a higher coaching input. Coaching is like lining up eight golfers on an expanded golf tee and requiring each to swing in time and in harmony so as to hit the sweet spot on the ball at exactly the same moment, and then to repeat the stroke up to 30 times a minute for 20 minutes. Those who want to see poetry in motion will no doubt watch the House of Lords crew next July as they shoot under Lambeth Bridge. There are no stars. Teamwork is about getting the best out of every member of the crew. To meet the demand for coaches, I invite the Minister to consider whether employers should allow volunteers one or two paid days off a year to attend accredited coaching courses.

I turn to identifying talent. British rowing has honed its talent identification process of the past 15 years or so. It has had immense success with the women’s squad. British rowing in 2013 implemented a new programme led by England Talent Pathway coaches, whereby a performance coach in a particular area trawls local clubs and schools for juniors with potential and develops them along GB best practice lines. They educate the clubs and coaches so that they can keep nurturing talent when they have it—a sustainable pathway rather than a stop-gap. This scheme is in its infancy, but it should be extended to adults for the benefit of women who take up the sport at a later stage in their lives.

The Government’s Women and Sport Advisory Board is tackling the emotional capability and opportunity barriers preventing women taking part in sport generally. I hope to hear more of its work in this debate.

On 11 April, thanks very much to the investment and support of Newton Investments and BNY Mellon, women’s rowing will gain a massive new television audience for their Putney to Mortlake race. I wish both crews as much enjoyment out of the event as no doubt those pioneers of 1927 achieved in the teeth of male chauvinist opposition. I hope that the raised profile of the sport will attract many more women to find the camaraderie and companionship of a crew in this country’s leading Olympic sport.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I remind noble Lords that this is a time-limited debate and that speeches are limited to 5 minutes. When five minutes shows on the screen, those minutes have elapsed.