Liz Saville Roberts
Main Page: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)Department Debates - View all Liz Saville Roberts's debates with the Wales Office
(7 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Jones
I have never received anything but praise for Conservative signage, and I received even more praise for the vote leave signs that were notable by their presence throughout Wales.
This is a probing amendment and I do not intend to press it to a vote, but I would be grateful to hear from Ministers the rationale for these two proposals. Let me say again that at the very least they are confusing and at the very worst they have the potential to be positively dangerous.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I must take this opportunity to congratulate the Welsh team on giving us the brightest, most joyful memories of the past few weeks—it is safe to say that.
I rise to speak to the amendments standing in my name and those of my Plaid Cymru colleagues. They seek to amend schedule 7A of the Government of Wales Act 2006 and, thus, relate to clause 3 of this Bill, which deals with the legislative competence of the National Assembly for Wales. The vast majority of our amendments in this group seek to omit certain reservations from that schedule. The amendments are intended in some cases to restore competence in areas that are already devolved. In others, they are intended to devolve competence to the Assembly in areas that are devolved to Scotland. If the Government are not prepared to give the Welsh Assembly parity with the Scottish Parliament in these areas, we would ask for specific reasons to be given in each instance. Both the Welsh Affairs Committee in this place and the National Assembly’s Constitutional and Legislative Affairs Committee have written reports on the draft Wales Bill, with both calling on the UK Government to provide individual justifications for each of the reservations now contained in schedule 7A. As such, it is a great disappointment to my colleagues and I that the Government have not seen fit to provide us with these justifications. I invite the Secretary of State to explain why the Government have not been forthcoming in this instance. If valid justifications cannot be provided, the Government should amend the schedule so as to omit those areas outlined in our amendments.
Plaid Cymru has not been alone in saying—over many years—that the National Assembly should move to a reserved powers model. Indeed, the independent, cross-party Silk commission made just such a recommendation. Legal experts and much of civil society in Wales, recognise that adopting a reserved powers model should, in theory, provide greater legal clarity and workability. The idea of moving towards a reserved powers model has also been taken in Wales to symbolise a shift in Westminster’s attitude towards the Assembly, because it was assumed to be synonymous with a maturing of relations between the two institutions. Rather than having to justify devolving an area of competence, Westminster would be compelled to justify reserving an area of law; again, that should have represented a significant attitudinal shift, and a recognition of greater parity. The sheer length of the list of reserved areas in schedule 1 has made a mockery of that notion.
It should therefore have come as no surprise to the Wales Office that the original draft Wales Bill was met with such dismay by the Welsh Assembly and by civil society in our nation. The dismayingly long list of reservations, and the way in which the Bill went so far in some cases as to curtail powers already devolved, would fundamentally undermine the Assembly’s competence. It would do the opposite of what was, presumably, intended. Although we are grateful that the previous Secretary of State announced a pause in introducing the legislation, we still believe that schedule 7A shows a paucity of ambition for Wales and her legislature, and that is why we have drafted the amendments in this grouping.
Amendments 83, 86, 110 and 111 should be considered together, as they seek to devolve aspects of the justice system to the Assembly: the legal profession and legal services are dealt with in amendment 110; crime, public order and policing are dealt with in amendment 83; the rehabilitation of offenders is dealt with in amendment 86; and prisons and offender management are dealt with in amendment 111. As has been pointed out in this House on many occasions, and as was championed by my predecessor, Elfyn Llwyd, Wales is the only legislature that has no separate or distinct legal jurisdiction of its own. The matter of a separate legal jurisdiction was debated last week, so I will not repeat my arguments. Although I accept that the Tories fundamentally disagree with the need for a separate jurisdiction, I remain somewhat confused by the position of the official Opposition, who said last week that they supported it but abstained because the Government do not support it. If the official Opposition can only vote in favour of measures that are supported by the Government, they are not well fitted to being the official Opposition. However, given that our amendment was defeated last week, we will use the Report stage of the Bill to bring forward proposals on a distinct, rather than separate, jurisdiction. I hope that the House will be more open to working with us when that time comes.
As is well known, the Silk commission recommended the devolution of policing and related areas of community safety and crime prevention, and my party is resolute in our standpoint that Wales, like the other nations of the United Kingdom, should have responsibility for its police forces.
We are presenting amendment 83 at a time when it is being proposed that policing is devolved to English city regions—Manchester and Liverpool, for example. If the policing of these cities can be held to account in a devolved landscape, why not the policing of Wales?
Hywel Williams
Does my hon. Friend not think it scandalous that there is no provision for women prisoners in Wales? There are very few women prisoners, but they are held in England in Styal and in Eastwood Park outside Gloucester. That causes problems for prisoners’ families, particularly from the west of Wales.
Liz Saville Roberts
Indeed. We are aware that in the north that there is no prison for women or for young offenders. There are many steps afoot, which are to be welcomed, to improve how women who enter the criminal justice system are treated in Wales, alongside imprisonment. HMP Styal is a long way from people’s homes and there must be a better way to deal with offenders’ families.
Mr Mark Williams (Ceredigion) (LD)
The hon. Lady mentioned the rehabilitation of young offenders. Devolution of these matters would support the critical interrelationship between health and education services in making rehabilitation successful. Recognition of that fact is a gross omission from the Bill.
Jonathan Edwards
As always, my hon. Friend is making a compelling case, full of strong arguments. Does she agree that it is slightly ironic that a referendum has just been won by those arguing for the UK to leave the European Union, partly on the basis of democracy and sovereignty, yet here we are, debating a Wales Bill which, compared with the settlement for Scotland and Northern Ireland, seems to deny sovereignty and democracy to Wales?
Liz Saville Roberts
With the Bill we are moving ahead in small steps—inching forward, painfully. I await the time when we will move ahead in a way that grants sovereignty to the people of Wales.
Many of the amendments that I have discussed so far were recommended by the Silk commission, as I mentioned previously. Other amendments in the group include amendment 85, which would remove prostitution from the list of reserved powers; amendment 117, which would remove the reservation of knives; and amendment 109, which would remove the reservation of abortion, to bring Wales into line with Scotland and Northern Ireland. Again, I challenge the Secretary of State to stand up and tell us why he voted for Scotland to have those powers, but is now telling us in Wales that we cannot have equivalent powers.
Amendment 155 is distinct in that it seeks to clarify a reservation contained in schedule 7A, and not to omit it entirely. The amendment would clarify as a reserved matter “the Crown Prosecution Service”, rather than the broader term “prosecutors”, as currently drafted. This amendment is crucial, as the existing wording of the schedule could prohibit Assembly legislation from enabling devolved authorities, such as local authorities and Natural Resources Wales, to prosecute. I hope that the Government will take note of this distinction and amend the schedule accordingly.
Amendment 156 would remove the necessity test in relation to the law on reserved matters. The test of necessity is objectionable on grounds of clarity and workability, as it is capable of a number of different interpretations. One possible interpretation is extremely restrictive and would represent a reduction in the Assembly’s current competence. The difference between a “reserved matter” and the “law on reserved matters” is explained in paragraphs 409 to 411 and 413 and 414 of the explanatory notes to the Bill.
The notes give the example of an Assembly Bill which related entirely to planning, which is not a reserved matter, but which modified a provision of a UK Act concerning telecommunications. That modification might be within the Assembly’s competence, as its purpose might relate entirely to planning, and so it would meet the test set out in new section 108A(6) of the Government of Wales Act 2006, inserted by clause 3. However, by modifying a provision of a UK Act of Parliament, which concerned a reserved matter, it would modify the “law on reserved matters”. The Assembly should be able to do so in a purely ancillary way, without also having to show that the modification made has
“no greater effect…than is necessary”.
An equivalent to the Bill provision is contained in the Scotland Act 1998. However, in the context of the Scottish devolution settlement, it is much less restrictive, as the Scottish Parliament has competence over considerably greater fields, including, of course, justice matters, and the Scottish system of civil and criminal law. Therefore, what might appear to be wider latitude for the Assembly would in practice still amount to narrower competence than that of the Scottish Parliament.
Amendment 157 would remove the criminal law restriction in paragraph 4 of schedule 7B and replace it with a restriction which provides that the Assembly cannot modify criminal law unless that is for a purpose other than a reserved purpose. It reflects the Assembly’s current competence—that is, the criminal law is a silent subject, and the Assembly can modify the criminal law if it relates to a devolved subject, or if the modification is ancillary. The Assembly, therefore, could not modify the criminal law if it was for a reserved purpose, thus protecting the criminal law around the 200 or so reservations in the Bill. The amendment would also make it clear that the Assembly could not modify the criminal law for its own sake: there must be a devolved purpose behind the modification of the criminal law. It would align the criminal law restriction with the private law restriction in paragraph 3 of schedule 7B. This would provide consistency and clarity.
I have already spoken of my party’s dismay that the Bill threatens in places to dilute, rather than augment, the legislative competence of the Assembly. In this vein, a number of the amendments in this group seek to clarify the Assembly’s powers in relation to its internal functions, as well as its overall competence to legislate. Amendments 148 and 149 seek to restore the Assembly’s competence closer to its current level. Currently, the Assembly is able to affect, in a minor way, matters that are listed as exceptions from competence in schedule 7 to the Government of Wales Act 2006. Most of these exceptions have been converted into reservations in the proposed new settlement—for example, consumer protection. However, under the new settlement, the Assembly would have no competence to legislate in a way that touches on reserved matters at all.
The Assembly can currently legislate in relation to “silent subjects”—that is, topics that are not listed either as subjects of competence, or as exceptions from competence, in schedule 7 to GOWA. The Assembly can do so only where it is also legislating on a subject that is specifically devolved by schedule 7. Many of these silent subjects—for example, employment rights and duties—have been converted into reservations in the Bill. The amendment would restore the Assembly’s competence to affect those topics in a purely ancillary way. However, that ancillary competence would still be narrower than the Assembly’s present competence to legislate on “silent subjects” when that legislation also relates to expressly devolved subjects.
In an attempt to allow the aforementioned institution to have control and oversight over its law making, amendment 6 would give the Assembly the power to consolidate, in both English and Welsh, the statutes containing the current constitutional settlement affecting Wales. No matter what our position on empowering the Assembly, I am sure we can all agree that it is important, whatever settlement we have, that that settlement is easily understood. It is disappointing that this Bill does not consolidate all existing legislation, but the amendment would allow the National Assembly to do that, in the interests of clarity. It would not allow the National Assembly to go beyond current legislation and broaden its competence.
Amendments 34 to 37 would amend paragraph 7 of schedule 2, which sets out the sections of the Government of Wales Act 2006 which the Assembly will have competence to modify. Paragraph 7(2)(d) specifically refers to those sections of part 5 of the 2006 Act which are amendable without restriction. As it stands, this does not include the ability to amend sections 120(1) or 124(3) of the Government of Wales Act 2006 which provide for “relevant persons”—otherwise known as “direct funded bodies”—which receive funding directly from the Welsh consolidated fund. That means, for example, the Welsh Government, the Assembly Commission, the Auditor General and the public services ombudsman for Wales.
Amendments 35 and 36 would allow the Assembly competence to add to, but not remove from, the list of “relevant persons”. It would allow it to enable a body that is independent of the Welsh Government also to be financially independent where that is deemed appropriate. Any use of such competence to add to the “relevant persons” would require an Act of the Assembly.
Paragraph 7 of schedule 2 provides that the remaining provisions of part 5 of the Government of Wales Act 2006 are amendable where the amendment is incidental to or consequential on a provision of an Act of the Assembly relating to budgetary procedures, and the Secretary of State consents to that amendment. I see no reason why the consent of the Secretary of State should be required to an amendment that will have no impact beyond the Assembly’s financial procedures, so amendment 37 removes that requirement.
On the remaining amendments in this group tabled in my name and the names of my hon. Friends, as I have already said, the majority of these amendments highlight areas of competence that are devolved to the Scottish Parliament, yet for some unstated reason are being reserved to Westminster in the case of Wales. No justification has been given for reserving those matters. Consequently, I shall list a number of amendments: 84, 87, 88, 90, 91, 92, 93, 94, 95, 97, 98, 106 and 103. I give the amendment numbers for a reason. It feels like the Secretary of State is allowing Whitehall to pick and choose the powers it wants to hold on to. We argue strongly that he must draw up a list of reservations based on principles. These reservations make no practical sense and the absence of principle is obvious. They range from the reservation of dangerous dogs to hovercraft, sports grounds and health and safety. We need a reason why those areas should be reserved.
In addition, there are amendments 105, 107, 104, 112, 113 and 89, which is on Sunday trading and safeguards the long-standing tradition in Wales of protecting shop workers’ terms and conditions, and amendments 114 and 115. Over and above that, Plaid Cymru has long argued that Department for Work and Pensions functions should be devolved to the Assembly. Thus amendment 100 would devolve all working age benefits that are to be replaced by universal credit and any benefit that is introduced to replace universal credit. Amendments 101, 102, 108 and 99 all relate to those areas of DWP functions that we have long argued should be devolved.
Amendments 96, 61 to 63 and 69 deal with the newly created Welsh harbours of “reserved trust ports”. Once again, this creation has no justification. A port will now be devolved unless it has a turnover of above a certain threshold. Again, that is the case not for Scotland or Northern Ireland, but only for Wales. It is yet another example of Westminster holding on to as much power as possible while appearing to be offering significant devolution. Once again, I challenge the Secretary of State to tell us why this is necessary in Wales, when he voted to devolve full control to Scotland.
Amendment 2 is consequential on new clause 1, which seeks to devolve Executive and legislative competence of the Crown estate in Wales to the Welsh Government and the National Assembly for Wales, as has been done in Scotland. New clause 7 would devolve general legislative competence in respect of agricultural, aquacultural and fisheries levies. Again, those are areas that Plaid Cymru has long argued should be devolved to the National Assembly.
Before I come to a close, I wish to note concerns expressed to me by the Welsh language commissioner regarding the Bill’s potential effect on the National Assembly’s powers to legislate in matters concerning the Welsh language. A possible effect of schedule 2 is that the National Assembly, should it wish to legislate for the Welsh language, would require the consent of the relevant UK Minister to confer, impose, modify or remove within that legislation the Welsh language functions of Ministers of the Crown, Government Departments and other reserved authorities. Under the current settlement, that ministerial consent is required only when legislating to impose Welsh language functions on Ministers of the Crown. The ministerial consent provisions of the Wales Bill in relation to the Welsh language would appear to be applicable to a wider range of persons than is currently the case, and would thus be more restrictive. I hope that that can be considered in the later stages of the Bill.
The amendments in this group should not be considered as mere separate, distinct “tweaks” to the Wales Bill. Rather, we present them as a collection of amendments, which, by their sheer number, make evident the many ways in which the current proposed legislation is deficient. No justification has been given by the Government as to why these many policy areas have been reserved, and no justification has been given as to why the Welsh Assembly should not be granted the same competence as the Scottish Parliament in these areas.
Liz Saville Roberts
I appreciate that the right hon. Gentleman has listed a number of tests, but does he agree that, for them to be justifications in a reserved power model, we should see how the reservations apply to each area?
Alun Cairns
I will cover those points, but I have sought to underline the importance of the tests because they are so fundamental to the reserved powers model. Of course, the reservations will be equally fundamental. The hon. Lady mentioned a significant number of them. As I make progress, I will cover many of the points she made and invite her to intervene then.
Amendments 118 and 119, tabled by the main Opposition party, and Plaid Cymru’s amendments 148 and 149 seek to broaden the Assembly’s competence significantly by enabling it to legislate in relation to reserved matters so long as the provision is ancillary to a provision on a devolved matter. These amendments would drive a coach and horses through the key principle underpinning the new model, which is a clear boundary between what is devolved and what is reserved. They would give the Assembly the power to make unfettered changes to reserved matters such as the justice system, which we debated in detail last week, provided only that some connection to a devolved provision was established. What is more, they are simply not needed. We want to ensure that the Assembly can enforce its legislation and make it effective. We provide for this in paragraphs 1 and 2 of new schedule 7B by enabling the Assembly to modify the law on reserved matters. This is suitable to ensure that the Assembly’s devolved provisions can be enforced without compromising the principle of reserved matters.
I turn now to the proposed new schedule 7A to the Government of Wales Act, which sets out the reserved matters, referred to in general in the legislation as the “reservations”. These matters must be seen through the prism of the purpose test. A reservation is a succinct description of the subject area covered. It includes reserved authorities carrying out functions relating to that subject and criminal offences relating to that subject.
The general reservations in part 1 of the new schedule reserve the fundamental tenets of the constitution: the Crown, the civil service, defence and the armed forces, the regulation of political parties, and foreign affairs. As a single legal jurisdiction operates in England and Wales, we also reserve matters such as courts and non-devolved tribunals, judges, and civil and criminal proceedings. However, we have made appropriate exceptions to these reservations to enable the Assembly to exercise devolved functions. For example, the Assembly can confer devolved functions on the courts or provide for appeals from devolved tribunals to reserved tribunals.
Amendment 6, tabled by Plaid Cymru, seeks to modify these core reservations by allowing the Assembly to consolidate the constitutional arrangements for Wales. It surely must be a fundamental principle that the UK’s constitutional arrangements, including Parliament’s authority to devolve its own powers, are reserved. We have a constitutional settlement for Wales, the Government of Wales Act 2006 as amended, and amendment 6 is simply not necessary.
Part 2 lists the specific reservations. We want there to be no doubt where the boundary of the Assembly’s legislative competence lies. The list is lengthy because it is quite specific in its reservations and provides exceptions to those reservations. Previously, in the draft, there were some broad headlines, but the current Bill is far more specific, which necessitates further detail on what is included.
Guto Bebb
I am very sympathetic to the concept of tidal lagoons, but, as the hon. Gentleman will be aware, a review is being undertaken at this time and I would not want to prejudge it. It is being undertaken by Charles Hendry, who is well respected across this House.
Clause 37 allows Welsh Ministers to make declarations extinguishing public rights of navigation, so as to ensure safety out to the seaward limits of the territorial sea in relation to generating stations up to 350MW. Clause 38 aligns, in a single authority, the ability to consent both to a generating station itself and the associated overhead line which would connect that station to the transmission system. It does so by removing consenting applicable requirements under either the Electricity Act 1989 or the Planning Act 2008 for certain associated overhead lines with a transmission capacity of up to 132kV necessary for connecting generating stations of up to 350MW capacity. This is an attempt to generate a one-stop shop for energy opportunities of that size in Wales. The Silk commission rightly identified that a one-stop shop should be developed, and the Bill tries to deliver that in a Welsh context.
Government amendments 47 to 49 correct an inadvertent constraint in the current drafting of clause 38 by removing the presumption that Welsh Ministers are the devolved consenting authority.
On clause 39, the Planning Act 2008 introduced the concept of “associated development”—development that the Secretary of State could consent to as part of the development consent orders which underpin and facilitate major development projects. The ability to grant associated development allows for more of the complete projects to be delivered within a single consent, to try to make the situation easier for developers. In Wales, the benefit of this approach has hitherto been restricted only to certain activities around the construction of underground gas storage facilities. Clause 39 amends relevant definitions in the Planning Act 2008 to extend the scope of associated development in Wales to include activities accompanying generating projects above 350 MW and larger overhead lines connections of 132 kV. Again, it fulfils a St David’s day commitment and implements a Silk commission recommendation.
I think it is fair to say that amendments 158 to 160, tabled by my hon. Friend the Member for Brecon and Radnorshire (Chris Davies), seek to re-open matters which have already been debated in the context of the Energy Act 2016. That Act delivered the Government’s manifesto commitment to give local people the final say on wind farm applications. It also ensured that in Wales it is for the Assembly and Welsh Ministers to decide how decisions are taken. I see no basis for rowing back from that position now, but I agree wholeheartedly with my hon. Friend that the Welsh Government should ensure that local people in Wales have the final say on these matters.
In our discussion of the Bill, we have talked about the importance of financial accountability, but this is also a case of political accountability. In my constituency, Aberconwy, we had the development of the Gwynt y Môr wind farm. I think I am right in saying that every single councillor in the Conwy local authority area voted against the development, but it was imposed by diktat by the then Energy Secretary. The important point is that the changes and the power given to local communities as a result of Acts passed by the coalition Government were a direct response to that political need for change. If the Assembly Government are guilty of taking powers into their own hands, there is political accountability there which needs to be challenged and needs to be part of the political discourse in Wales.
The Energy Act has ended subsidy for new onshore wind. If an onshore wind project does not already have planning permission, it is not going to be eligible for subsidy under the renewables obligation. In all the circumstances, therefore, the amendment should not be pressed to a vote.
Clauses 40 and 41 devolve further powers to Welsh Ministers in respect of equal opportunities. The powers follow as closely as possible the approach adopted in Scotland, but the two approaches are not identical. Clause 40 covers the operation of the public sector equalities duty. It removes the requirement in section 152 of the Equality Act 2010 that the Welsh Ministers consult a Minister of the Crown prior to making an order amending the list of Welsh public authorities that are subject to the duty, replacing it with a requirement to inform.
Clause 41 provides for the commencement and implementation of part 1 of the Equality Act 2010 in Wales. Part 1 imposes a duty on certain public bodies to have due regard to socio-economic considerations when making strategic decisions. Clause 41 allows the Welsh Ministers to bring part 1 into force in Wales on a date of their choosing. It also enables Welsh Ministers to amend the 2010 Act to add or remove relevant authorities that are to be subject to the duty, without first consulting a Minister of the Crown.
Clauses 42 and 43 extend Welsh Ministers’ existing responsibilities for marine licensing and marine conservation in the Welsh inshore region to the Welsh offshore region. The clauses fulfil St David’s day commitments and implement recommendations in the Silk commission’s second report.
Clause 44 enables the Secretary of State to intervene on legislation or Executive activities where she has reasonable grounds to believe that these might have a serious adverse impact on sewerage in England. As part of this Bill, legislative competence for sewerage will be devolved, subject to the matters set out in C15 of new schedule 7A. These powers of intervention are similar to those already held by the Secretary of State in relation to water. They may be used where an Act of the Assembly, or the exercise, or failure to exercise, a relevant function might have a serious adverse impact on sewerage services and systems in England.
Amendments 81,125 and 126, tabled by the hon. Member for Arfon, seek to take forward the recommendations of the Silk commission in relation to water and sewerage. The Silk report recognised that water and sewerage devolution is complex and that further work to consider the practical implications was needed. The Government set up the Joint Governments Programme Board with the Welsh Government to look at these issues and report on the likely effects that implementing the commission’s recommendations would have on the efficient delivery of water and sewerage services, consumers and the water undertakers themselves. As my right hon. Friend the Secretary of State explained earlier, that work has concluded and the Government are considering the evidence before deciding whether and how the recommendations will be taken forward. We will consider carefully the interests of customers and businesses on both sides of the border before reaching that decision. It should be stressed that this issue is under consideration.
Liz Saville Roberts
Will this material be available when we are next discussing the Bill? If I remember correctly, I first heard about that working group when we were discussing the 50 years since Capel Celyn. As we are now nine months down the road, it would be appropriate for it to be reported to the House before the Bill comes to the end of its journey.
Guto Bebb
I thank the hon. Lady for her question. Her recollection is correct. We have only just received the report, so consideration of it must now take place. It is now with the Wales Office, and, after it has been considered, we will, in the manner described by my right hon. Friend the Secretary of State, discuss the contents of the report with other parties who have an interest in the Wales Bill.
Clause 45 fulfils a St David’s day commitment and a Silk commission recommendation to devolve to Welsh Ministers the power to make building regulations for “excepted energy buildings” such as generating stations and gas storage facilities. Clause 46 formalises the current differing arrangements for consulting the Welsh Ministers on renewable energy incentive schemes.
Amendments 130 to 132, which were submitted by the Opposition, would require the Secretary of State to gain the consent of Welsh Ministers, rather than to consult them. Energy policy is a reserved matter as regards Great Britain. Maintaining consistency provides for workable schemes, certainty to the industry and fairness to consumers. It is right that responsibility for renewable energy incentive schemes should rest with UK Ministers. I hope that that comment has been welcomed by my hon. Friend the Member for Montgomeryshire (Glyn Davies).
Clause 47 implements for Wales the conclusions of the HM Treasury review of the Office for Budget Responsibility, published last year. The OBR has a statutory duty to carry out a number of core functions, including to produce fiscal and economic forecasts. This clause ensures that it will continue to receive information from Wales as necessary to fulfil that duty. It reflects the increased fiscal devolution to the Assembly, and the Welsh Government’s competence for economic development. These roles mean that the OBR is more likely to require and use information held in Wales to fulfil its remit.
Clause 48 increases the accountability of Ofgem to the Assembly. Clause 49 provides that where a coal operator wants to mine in Wales, it must seek the approval of Welsh Ministers as part of its application for a licence. Clause 50 increases the accountability of Ofcom to the Assembly and Welsh Ministers. It goes further by giving Welsh Ministers the power to appoint one member to the Ofcom board who is capable of representing the interests of Wales.
Clauses 51 and 52 and schedule 5 and 6 make consequential and transitional provision relating to the Bill. Clause 51 allows the Secretary of State to make consequential amendments by regulations in connection with this Bill, and through amendments 82, 144 to 147 and 150 to 154, the Opposition parties are seeking to give the Assembly a role in approving those regulations. Amendments 144 to 147 would require the Assembly also to approve those regulations where such consequential amendments are within the Assembly’s competence or where they alter the Assembly’s competence. Amendments 82 and 150 to 154 would achieve the same with regard to consequential amendments that amend Acts or measures of the Assembly or secondary legislation made by the Welsh Ministers.
Clause 51 is a fairly typical consequential provision that ensures that the Government are able to tidy up the statute book where required in connection with this Bill. Indeed, similar provisions are included in Assembly legislation as well. Giving the Assembly a role in approving the Secretary of State’s regulations made under this clause would be as unjustified as giving Parliament a role in approving Welsh Ministers’ regulations made under Assembly Acts. It would also make the process far more complicated and time consuming than it needs to be. In reality, we would discuss any proposed changes that impacted on the Assembly’s competence with the Welsh Government before regulations were laid.