Part of the debate – in the Senedd at 2:54 pm on 8 June 2016.
Can I thank the leader of the Conservatives for his comments? I do recognise that the engagement has been far better. I think it’s fair to say that. Certainly, we had far better engagement from the Wales Office, but it was more difficult from departments like the MOJ because, for some departments, their Ministers are elsewhere at the moment, and it’s not easy to track them down for reasons that he will know.
On policing, this is an oddity. How can there be a lasting settlement where you have a police service that’s devolved across the UK but not in Wales, where I suspect all four PCCs would be in favour of devolution of policing—they were all elected—and where the people of Wales voted, in the main, for parties that want to see the devolution of policing? So, it’s not as if there is a groundswell of opinion in Wales who do not want to see the devolution of policing. The police will be asked, over the course of the next 10, 20 years, to police very different laws, potentially, in England and Wales. To me, that doesn’t make a huge amount of sense.
There are some areas that make no sense for devolution: dealing with national security or organised crime—of course not. There are some issues that need to be dealt with, to my mind, across the UK. In fact, the reality is that doesn’t happen at the moment, but it should happen in the future. So, there are some areas of policing that I can see are better handled at a UK and, indeed, European and world level, for that matter.
On teachers’ pay and conditions, he seemed to give the impression that he was against the devolution of teachers’ pay and conditions. That’s not the view of his party in Westminster, which has agreed, in principle, for that devolution to take place. It’s an oddity, again, that everything in education is devolved apart from pay and conditions. There are examples elsewhere in the public sector where pay and conditions are devolved. It’s not unusual. He talks of regional pay. Well, bear in mind, of course, there are no UK pay and conditions—never have been. Pay and conditions are devolved in Northern Ireland and they are devolved in Scotland. If the concern ever was that, somehow, pay and conditions in Wales would be worse than elsewhere in the UK, that is absolutely not what I and, I suspect, everybody else in this Chamber would want to see—of course not. But what it does give us the ability to do is to construct in the next few years a coherent package of training, terms and conditions for our teachers, which isn’t possible at the moment, but which is possible and has, in fact, been done in Scotland. So, for us in Wales, there is an opportunity there.
On the issue of the jurisdiction, as far as ordinary people are concerned, I can see this is not something that has people marching in the streets. This is the only common law jurisdiction anywhere on the planet where there are two legislatures in the one jurisdiction. It doesn’t exist anywhere else at all in the world. Why is that important? Because it leads to confusion. Simon Thomas, in the previous Assembly, illustrated the point when he said that a constituent had come to see him and had asked why a Bill that, on the face of it, applied to England and Wales only applied in England. The reality is that when we change the law, we don’t change or create Welsh law, we change the law of England and Wales as it applies in Wales. It’s a hugely complicated way of doing something actually very simple. It was done in Northern Ireland without question. It was done in Scotland—it’s always been there in Scotland.
The history of the Commonwealth is such that whenever a Parliament is created, whether it’s autonomous or independent, the jurisdiction has always followed, except in Wales. Now, again, the argument that Wales in some way should be different, to my mind, doesn’t hold. I think there is merit in the argument that we don’t want, certainly at this stage or, perhaps, for many years to come to create a separate courts system, like Scotland and Northern Ireland, with the attendant cost that that brings. I think that’s a valid and strong argument, but this issue will need to be dealt with in the years to come. It’s a shame it’s not being dealt with now before it becomes a problem in the next five or 10 years.
But, nevertheless, we’ll continue to engage, of course. I want to get to a point where we have a Bill that takes us forward in terms of devolved powers. I suspect there will be some areas of disagreement that won’t be resolved, but I hope that those areas can be minimised as much as possible.