Part of the debate – in the Senedd at 2:40 pm on 8 June 2016.
Yesterday, the Secretary of State for Wales stated that the new Wales Bill would ensure that our democracy comes of age through a Bill that delivers permanency and accountability. It appears to Plaid Cymru that the UK Government’s words, once again, appear to be hollow.
The new Wales Bill will entrench Wales’s status as the poor relation in this union, limiting our democratically elected Government from acting in the interests of the people it was elected to represent, keeping as much power as possible in the corridors of Whitehall, while devolving just the bear minimum.
Yes, it’s an improvement on what we had before, and of course there are aspects to this that should be welcomed. However, the Party of Wales maintains that there is no reason why our people shouldn’t be trusted to run their own affairs when the people in Scotland are given much more trust to run theirs.
First Minister, you’ve repeatedly advocated that Wales should be treated on the basis of equality with the other devolved nations within the United Kingdom. In the rest of the common-law world, legislatures have their own legal jurisdictions; Wales is unique in that sense, having a devolved legislature, but for only part of the jurisdiction of England and Wales. Both Scotland and Northern Ireland have their own distinct legal jurisdictions, and yet the Secretary of State still refuses to acknowledge the need for Wales to have its own legal jurisdiction—a move supported by a body of legal experts, academics and politicians. I’d therefore be grateful to know what assessments you’ve made, First Minister, in order to maintain your stance, and that of Plaid Cymru and all the legal experts, that Wales should have its own legal jurisdiction.
Following on from that, the new Bill includes a new section that was not in the draft Wales Bill and neither is it included in the Scottish or Northern Irish dispensations. The section that I’m referring to is section 10 of the Bill—the justice impact assessments. While this section might seem harmless on the face of the Bill, we have concerns that this section could act as a block on the Assembly’s legislative powers. How can we make sure that this is not a watering-down of the necessity tests, and will not act as a blocking mechanism against laws that are made here?
In reaction to this section of the Bill, Professor Richard Wyn Jones, a leading expert on devolution, has said that ultimately the Secretary of State will be able to override a piece of legislation passed by the democratically elected Assembly. It’s a mindset that sees the Assembly as a second-class legislature. There is no similar provision at the Northern Ireland Assembly or the Scottish Parliament. What assessment have you made, First Minister, of the durability that the replacement of this section could have in terms of leading to a veto of Welsh laws by the Secretary of State?
There are other matters that we would wish to cover here. A particular interest of ours, especially since the police and crime commissioner elections, is the devolution of the police, and we will be returning to that question at a later date. But my final question to you, First Minister is: with the devolution of the electoral system, would you be prepared to indicate your personal preference for the electoral system for the Welsh Assembly elections in the future? Would you agree with me that, in order to ensure that future elections are more reflective of the will of people in Wales, the system needs reform? Is this something that you would be prepared to consider at the appropriate time?