Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 26th April 2017 Commons Chamber

[Alun Cairns]

The hon. Gentleman will recognise that exports from Wales have grown significantly, by 6.2%, over the past year. That is something that we welcome. He will also recognise the data that I highlighted earlier about record levels of employment and record low levels of unemployment. On that basis, he will recognise that we want the freest possible open trading arrangements in support of Welsh farmers, because we maintain an active relationship with them—

[Mr Speaker]

We are extremely grateful to the Secretary of State, but we have a lot of colleagues trying to get in today.

[Chris Davies (Brecon and Radnorshire) (Con)]

Can my right hon. Friend confirm that the rural areas of Wales will be placed front and centre in a post-Brexit Britain?

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 8th March 2017 Commons Chamber

[Alun Cairns]

I remind the hon. Gentleman that on Monday I held an event to promote exports to not only Europe but all parts of the globe. Clearly there are great opportunities, and last year 4,000 Welsh companies took their first steps towards exporting. Europe is an important market. We want frictionless trade with Europe, and we also want to look to the great opportunities that exiting the European Union will bring to not only Welsh businesses but businesses across the whole United Kingdom. [Interruption.]

[Mr Speaker]

Order. An excessive number of rather noisy private conversations are taking place. I understand the sense of anticipation, but it is very unfair on Members asking questions and the Minister answering. Let us have a decent audience for Mr Stephen Crabb.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

Despite Wales having world-leading companies that contribute to humanitarian efforts in some of the poorest nations on earth, no Welsh company has been able to secure a contract with the Department for International Development. Will my right hon. Friend look into that and work with the excellent International Development Secretary to make DFID not only more pro-business, but more pro-Welsh business?

--- Later in debate ---

[Alun Cairns]

My right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy and I are in regular communication, not only about steel but about the automotive sector. Although Ellesmere Port is not in Wales, there are clearly a significant number of Welsh employees in the workforce there. I hope that the hon. Gentleman will take encouragement from major investments such as that being made by Nissan in Sunderland. There are 100 automotive component industries based in Wales that will have access to those contracts—

[Mr Speaker]

We are grateful to the Secretary of State.

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 25th January 2017 Commons Chamber

[Kirsten Oswald]

The Supreme Court ruling yesterday concluded that the Sewel convention was a convention and therefore not a matter on which it could rule. Our friends in Plaid Cymru are moving to table a legislative consent motion in the Welsh Parliament, and the Scottish Parliament will also vote on a legislative consent motion. Does the Secretary of State agree, in the spirit of democracy, that the devolved Governments are best placed to determine the future of the people living and working in our nations? [Interruption.]

[Mr Speaker]

Order. We would like to hear the reply.

[Alun Cairns]

It is a matter for the devolved Administrations whether they choose to table legislative consent motions, and yesterday’s judgment was quite clear. The approach of my right hon. Friend the Prime Minister and the whole Government is to engage positively with the devolved Administrations—the Scottish Government, the Northern Ireland Executive and the Welsh Government—but we will also want to engage with other stakeholders in the nations as well.

--- Later in debate ---

[Alun Cairns]

It is clear that we want to get the best deal for the whole of the United Kingdom. We want to ensure that the market within the United Kingdom works effectively. After all, the most important market for Wales is the market from within the United Kingdom. The hon. Gentleman can take confidence from the fact that, on the back of this Government’s policy and success, Wales has been the fastest growing economy outside London since 2010.

[Mr Speaker]

Order. Colleagues, we are visited today by Speaker Win Myint, the Speaker of the Hluttaw, the Burmese Parliament. He is accompanied by a delegation of his parliamentary colleagues. I am sure the House will wish to join me in welcoming Mr Speaker and his colleagues.

Wales Bill

Debate between Alun Cairns and John Bercow

Monday 12th September 2016 Commons Chamber

[The Secretary of State for Wales (Alun Cairns)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government amendments 3 to 7.

Amendment 60, in clause 1, page 2, leave out lines 4 to 9 and insert—

“Part 2B

Establishment of Two Distinct Jurisdictions

92B Legal jurisdictions of Wales and of England

The legal jurisdiction of England and Wales becomes two legal jurisdictions, that of Wales and that of England.

92C The law of Wales and the law of England

(1) The law of England and Wales is divided into the law of Wales and the law of England.

(2) All of the law that extends to England and Wales immediately before the coming into force of this section—

(a) except in so far as it applies only in relation to England, is to extend to Wales (and becomes the law of Wales), and

(b) except in so far as it applies only in relation to Wales, is to extend to England (and becomes the law of England).

(3) In this section “law” includes—

(a) rules and principles of common law and equity,

(b) provision made by virtue of an Act of the United Kingdom Parliament, an Act of the Welsh Parliament or an Act or Measure of the National Assembly for Wales, and

(c) provision made pursuant to the prerogative.

(4) Any provision of any enactment or instrument enacted or made, but not in force, when subsection (1) comes into force is to be treated for the purposes of that subsection as part of the law that extends to England and Wales (but this subsection does not affect provision made for its coming into force).

92D Senior Courts system

(1) The Senior Courts of England and Wales cease to exist (except for the purposes of sections 92H (3) and (4)) and there are established in place of them—

(a) the Senior Courts of Wales, and

(b) the Senior Courts of England.

(2) The Senior Courts of Wales consist of—

(a) the Court of Appeal of Wales,

(b) the High Court of Justice of Wales, and

(c) the Crown Court of Wales, each having the same functions in Wales as are exercisable by the corresponding court in England and Wales immediately before subsection (1) comes into force.

(3) The Senior Courts of England consist of—

(a) the Court of Appeal of England,

(b) the High Court of Justice of England, and

(c) the Crown Court of England,

each having the same functions in England as are exercisable by the corresponding court in England and Wales immediately before subsection (1) comes into force.

(4) For the purposes of this Part—

(a) Her Majesty’s Court of Appeal in England is the court corresponding to the Court of Appeal of Wales and the Court of Appeal of England,

(b) Her Majesty’s High Court of Justice in England is the court corresponding to the High Court of Justice of Wales and the High Court of Justice of England, and

(c) the Crown Court constituted by section 4 of the Courts Act 1971 is the court corresponding to the Crown Court of Wales and the Crown Court of England.

(5) Subject to section 92I—

(a) references in enactments, instruments and other documents to the Senior Courts of England and Wales (however expressed) have effect (as the context requires) as references to the Senior Courts of Wales or the Senior Courts of England, or both; and

(b) references in enactments, instruments and other documents to Her Majesty’s Court of Appeal in England, Her Majesty’s High Court of Justice in England or the Crown Court constituted by section 4 of the Courts Act 1971 (however expressed) have effect (as the context requires) as references to either or both of the courts to which they correspond.

92E County court and family court

(1) The county court and the family court cease to exist (except for the purposes of sections 92H (3) and (4)) and there are established in place of them—

(a) the county court of Wales and the family court of Wales with the same functions in Wales as are exercisable by the county court and the family court (respectively) immediately before this subsection comes into force, and

(b) the county court of England and the family court of England with the same functions in England as are exercisable by the county court and the family court (respectively) immediately before this subsection comes into force.

(2) For the purposes of this Part—

(a) the county court is the court corresponding to the county court of Wales and the county court of England, and

(b) the family court is the court corresponding to the family court of Wales and the family court of England.

(3) Subject to section 92I references in enactments, instruments and other documents to the county court or the family court (however expressed) have effect (as the context requires) as references to either or both of the courts to which they correspond.

92F Judiciary etc.

(1) All of the judges, judicial office-holders and other officers of Her Majesty’s Court of Appeal in England or Her Majesty’s High Court of Justice in England become judges, judicial office-holders or officers of both of the courts to which that court corresponds.

(2) All of the persons by whom the jurisdiction of the Crown Court constituted by section 4 of the Courts Act 1971 is exercisable become the persons by whom the functions of both of the courts to which that court corresponds are exercisable except that (despite section 8(2) of the Senior Courts Act 1981)—

(a) a justice of the peace assigned to a local justice area in England may not by virtue of this subsection exercise functions of the Crown Court of Wales, and

(b) a justice of the peace assigned to a local justice area in Wales may not by virtue of this subsection exercise functions of the Crown Court of England.

(3) All of the judges, judicial office-holders and other officers of the county court become judges, judicial office-holders or officers of the county court of Wales and the county court of England.

(4) All of the judges, judicial office-holders and other officers of the family court become judges, judicial office-holders or officers of the family court of Wales and the family court of England except that (despite section 31C(1)(y) of the Matrimonial and Family Proceedings Act 1984)—

(a) a justice of the peace assigned to a local justice area in England is not a judge of the family court of Wales, and

(b) a justice of the peace assigned to a local justice area in Wales is not a judge of the family court of England.

92G Legal professions

(1) Every legal practitioner who would (but for this Part) at any time after the coming into force of this Act be entitled to carry on a reserved legal activity for the purposes of the law of England and Wales, in proceedings in England and Wales or before the courts of England and Wales, has at that time the same entitlement for the purposes of the law of England and the law of Wales, in proceedings in England and proceedings in Wales and before the courts of England and the courts of Wales.

(2) In this section—

“legal practitioner” means every solicitor, barrister, notary, legal executive, licensed conveyancer, patent attorney, trade mark attorney, law costs draftsman, accountant or other person who, in accordance with the Legal Services Act 2007 (c. 29), is entitled to carry on a reserved legal activity;

“reserved legal activity” has the same meaning as in the Legal Services Act 2007.

92H Division of business between courts of Wales and courts of England

(1) The Senior Courts of Wales, the county court of Wales, the family court of Wales and the justices for local justice areas in Wales are to apply the law extending to Wales (including the rules of private international law relating to the application of foreign law).

(2) The Senior Courts of England, the county court of England, the family court of England and the justices for local justice areas in England are to apply the law extending to England (including the rules of private international law relating to the application of foreign law).

(3) All proceedings, whether civil or criminal, pending in any of the Senior Courts of England and Wales, the county court or the family court (including proceedings in which a judgment or order has been given or made but not enforced) must be transferred by that court to whichever of the courts to which that court corresponds appears appropriate.

(4) The transferred proceedings are to continue as if the case had originated in, and the previous proceedings had been taken in, that other court.

Supplementary

92I Power to make further provision

(1) Her Majesty may by Order in Council make provision (including provision amending or otherwise modifying any enactment or instrument, including this Act) that appears appropriate in consequence of, or otherwise in connection with, the provision made by this Part.

(2) The provision that may be made under subsection (1) includes in particular provision relating to—

(a) courts,

(b) tribunals,

(c) the judges, judicial officers and other members and officers of courts and tribunals,

(d) the Counsel General or other law officers,

(e) the legal professions,

(f) the law relating to the jurisdiction of courts and tribunals, and

(g) other aspects of private international law (including, in particular, choice of law, domicile and the recognition and enforcement of judgments and awards).

(3) No Order may be made under subsection (1) unless a draft of the Order has been laid before, and approved by resolution of—

(a) each House of the United Kingdom Parliament, and

(b) the Welsh Parliament.”

This amendment replaces the Bill’s proposed recognition of Welsh law with provisions to establish two distinct legal jurisdictions of England and Wales, as drafted by the Welsh Government.

Government amendments 8 to 12.

Amendment 68, in clause 8, page 10, line 2, at end add

“in relation to any of the matters in subsection (2)(a) to (c) or a majority of the total number of Assembly seats in relation to the matters in subsection (2)(d) or (e).”

This amendment would substitute a majority of Assembly Members for the two-thirds super-majority required to change the existing specification or number of constituencies, regions or any equivalent electoral area, and the number of members to be returned for each constituency.

Government amendment 13.

Amendment 69, page 10, line 26, at end add

“in relation to any of the matters in section 111A (2)(a) to (c) or a majority of the total number of Assembly seats in relation to the matters in section 111A (2)(d) or (e).”

This amendment is consequential on amendment 68, to substitute a majority of Assembly Members for the two-thirds super-majority required to change the existing specification or number of constituencies, regions or any equivalent electoral area, and the number of members to be returned for each constituency.

Government amendments 14 to 22 and 26.

Amendment 63, in schedule 1, page 50, line 31, leave out “Betting, gaming and”.

This amendment with amendments 64 and 65 would devolve betting, gaming and lotteries in Wales (other than the National Lottery) to Welsh Ministers and the National Assembly for Wales.

Amendment 64, page 50, leave out line 32 and insert “The National Lottery”.

See amendment 63.

Amendment 1, page 50, line 32, at end insert—

“Exception

In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised).”

This amendment would modify section B18 (betting, gaming and lotteries) of proposed Schedule 7A to the Government of Wales Act 2006 such that the number of gaming machines authorised by a betting licence in Wales would fall within the legislative competence of the National Assembly for Wales. A corresponding amendment (NC2) proposes that powers be granted to the Welsh Ministers, under the Gambling Act 2005, to regulate the number of gaming machines authorised by a betting licence in Wales.

Amendment 65, page 50, line 32 , at end insert—

“Exception

All lotteries other than the National Lottery”.

See amendment 63.

Amendment 67, page 59, line 36, at end add

“other than the Wales and Borders franchise”.

This amendment allows the Welsh Government to be responsible for the Wales and Borders franchise.

Amendment 61, page 68, line 17, at end insert—

“Exceptions

Welsh language broadcasting and other Welsh language media.”

This amendment would devolve competence to the National Assembly for Wales in relation to Welsh language broadcasting and other Welsh language media.

Amendment 2, page 72, line 28, leave out paragraph 184.

This amendment would modify section M4 (development and buildings) of Part 2 of proposed Schedule 7A to the Government of Wales Act 2006 such that the community infrastructure levy would fall within the legislative competence of the National Assembly for Wales.

Government amendments 27 to 33.

Amendment 66, in schedule 2, page 85, line 3, at end insert—

“(11A) The requirement for consent by the appropriate Minister under—

(a) paragraph 8 above, in relation to a reserved authority,

(b) paragraph 10 above, in relation to public authorities (other than Wales public authorities), or

(c) paragraph 11 above, in relation to functions of a Minister of the Crown or any power of the Secretary of State under section 6 of the Railways Act 2006

does not apply where the provision of an Act of the Assembly relates to a Welsh language function.”

This amendment removes the requirement for Ministerial consent for Acts of the Assembly affecting functions of reserved authorities, public authorities or Ministers where the Act of the Assembly relates to a Welsh language function.

Government amendments 34 to 42.

New clause 2—Gaming machines on licensed betting premises—

“(1) The Gambling Act 2005 is amended as follows.

(2) In subsection (12) of section 172 (gaming machines), after paragraph (a) insert—

‘(aa) the Welsh Ministers, so far as, in the case of a betting premises licence in respect of premises in Wales and not in respect of a track, the order varies—

(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;’

(3) In section 355 (regulations, orders and rules)—

(a) in subsection (1) after “the Secretary of State” for “or the Scottish Ministers” substitute ‘, the Scottish Ministers or the Welsh Ministers’;

(b) at the end insert—

‘(12) An order made by the Welsh Ministers under section 172 shall not be made unless a draft of the Order has been laid before and approved by resolution of the National Assembly for Wales.’

(4) The amendments made by this section do not apply in relation to a betting premises licence issued before this section comes into force.”

This new clause would give powers to the Welsh Ministers, under the Gambling Act 2005, to regulate the number of gaming machines authorised by a betting licence in Wales. A corresponding amendment (amendment 1) has been proposed to modify this aspect of the reservation to the legislative competence of the National Assembly for Wales on betting, gaming and lotteries (section B18 of proposed Schedule 7A to the Government of Wales Act 2006 set out in Schedule 1 to this Bill).

Amendment (a) to new clause 2, leave out “£10” and insert “£2”.

Amendment (b) to new clause 2, leave out “do not”.

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.”

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.

New clause 10—Wales and Borders rail franchise—

“(1) Executive franchising functions are devolved to the Welsh Government.

(2) The Welsh Government must consult the Secretary of State on details of the devolved franchise, including how cross-border routes are procured and managed.

(3) The Welsh Government must maintain the existing Wales and Borders franchise until it expires in 2018.

(4) The Welsh Government is solely responsible for letting and managing the new Wales and Borders franchise to take effect after the expiry of the current franchise in 2018.”

This new clause allows the Welsh Government to be solely responsible for letting and managing the new Wales and Borders franchise to take effect after the expiry of the current franchise in 2018.

Government amendments 43, 44, 48, 49, 51, 52, 55 and 57.

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 25th May 2016 Commons Chamber

[Alun Cairns]

The hon. Gentleman will recognise that a fundamental principle is operational and editorial independence. The BBC White Paper offers protection and support for S4C, but, of course, there is a review ongoing that will look at all these matters, such as governance and financing, in order to secure a long-term future for the channel. [Interruption.]

[Mr Speaker]

Order. Let us hear Mr Glyn Davies.

[Glyn Davies (Montgomeryshire) (Con)]

S4C is crucial to Wales, and particularly to the Welsh language. Does my right hon. Friend the Secretary of State agree that the Welsh language is too often seen as the secondary language in Wales? It is not a secondary language; it is at least equal first.

--- Later in debate ---

[Alun Cairns]

I certainly recognise the comments made by Toyota. It has specifically said that

“British membership of the EU is best for our operations and their long term competitiveness.”

Of course, it is not only Toyota; 150 component industries in the automotive sector depend on companies such as Toyota and Ford which all want us to remain part of the single European market.

[Mr Speaker]

We now come to questions to the Prime Minister.

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 13th April 2016 Commons Chamber

[The Secretary of State for Wales (Alun Cairns)]

We have been in extensive discussions with Tata for months, and it is due to Government intervention that Tata has agreed to a sales process rather than an immediate closure of its operations in Wales. I spoke to the hon. Gentleman before he went to the Tata meeting in Mumbai and have spoken to him since. I am keen to stay in regular contact in order to update him as the position changes. [Interruption.]

[Mr Speaker]

Order. These are important matters affecting the livelihoods of tens of thousands of people in Wales and across the country. Let us have some respect for that fact without Ministers wittering away— Mr Evennett—in the background. Important matters are being discussed. Be quiet, sir!

[Stephen Kinnock]

The Secretary of State will know that retaining the order book and customer base is critical for the Welsh steel industry. I want a short answer to a short question. Will the Secretary of State confirm whether he has had conversations with customers such as Honda, Nissan and Jaguar Land Rover to secure the integrity of the customer base? Yes or no.

Points of Order

Debate between Alun Cairns and John Bercow

Tuesday 8th March 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Wales (Alun Cairns)]

Further to that point of order, Mr Speaker, I am happy to clarify the position and, of course, apologise if I have inadvertently misled the House. I can confirm that the Secretary of State was on a mixture of Government and political activity that afternoon. I can also confirm that it was always expected that I, as Under-Secretary of State, would respond to the Backbench Business Committee debate on St David’s day.

[Mr Speaker]

I am grateful to the hon. Gentleman. I think that is helpful and we will consider that matter closed.

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 18th November 2015 Commons Chamber

[Liz Saville Roberts]

I take this opportunity to extend our sympathies to every nation that has suffered at the hands of IS in recent days, and to express concern at the news of the explosion in south Wales.

I understand that the Ministry of Justice has closed its consultation on the court and tribunal estate in England and Wales, which proposes the closure of 11 courts in Wales, including Dolgellau in my constituency, and that is without undertaking a Welsh language impact assessment, as required by law and under the Welsh language scheme. Will the Secretary of State ensure that a Wales-wide assessment is undertaken and that its recommendations are implemented before any decisions are reached on court closures?

[Mr Speaker]

I thank the hon. Lady, but we are very constrained for time and must move on.

[Alun Cairns]

I am happy to confirm to the hon. Lady that a full Welsh language impact assessment will be included in the Government’s response to the consultation. We are determined to protect the interests of Welsh language speakers, as demonstrated by the Department’s Welsh language scheme.

--- Later in debate ---

[Alun Cairns]

The Wales Office is in regular dialogue with my right hon. Friend the Chancellor and the Treasury. The Chancellor will set out how we plan to achieve the goal of a lower tax, low welfare, higher wage economy in next week’s comprehensive spending review. The right hon. Gentleman needs to recognise that the tax credit changes are part of a wider reform that includes increases to the national living wage, changes to universal credit and help with childcare, on which we hope the Welsh Government will follow suit.

[Mr Speaker]

Order. There is still too much noise in the Chamber. The Chair of the Welsh Affairs Committee must be heard.

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 16th September 2015 Commons Chamber

[Alun Cairns]

The hon. Lady regularly raises that issue, and the Government appreciate its importance. We have already committed to reducing VAT when the concession ends, and my right hon. Friend the Chancellor has gone even further because small businesses with light vans will pay the same price as cars, reducing the rate from more than £13 to closer to £5. The end of the concession provides us with an opportunity to do more, and that debate and discussion is ongoing.

[Mr Speaker]

Order. There is an understandable air of anticipation in the Chamber at this time, which is reflected in a large number of rather noisy private conversations. Let us have a bit of order for the new parliamentary leader of Plaid Cymru.

Oral Answers to Questions

Debate between Alun Cairns and John Bercow

Wednesday 17th June 2015 Commons Chamber

[Alun Cairns]

I encourage the hon. Gentleman to meet the police and crime commissioner, who has said he is more than happy to meet him to discuss such issues. There is an opportunity, however, not only to save money but to improve cover. At the moment, the station he talks about operates limited hours, whereas the NPAS proposals would operate 24-hour cover and also provide access to more helicopters and added resilience.

[Mr Speaker]

To ask about Dyfed Powys, rather than Lichfield, I call Mr Fabricant.

[Michael Fabricant (Lichfield) (Con)]

My hon. Friend will know how rural an area Wales is, and the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) is absolutely right to raise this point, but what consideration has the Minister given to combining the Wales police force covering the hon. Gentleman’s constituency with north Wales police in order to provide a better service?

[Alun Cairns]

There are no proposals to merge the police forces, but co-operation between them is one way of saving money and operating a much better service. [Interruption.] The reorganisation of the helicopter service under NPAS provides the opportunity for 24-hour cover, which will be much better, as we all know that offenders do not restrict their activities to daylight hours. [Interruption.]

[Mr Speaker]

Order. I understand the House is in a state of high excitement and anticipation of Prime Minister’s questions, but I am sure that the people of Wales would expect us to treat their concerns seriously. Let us have a bit of order for Mr Hywel Williams.