4. What advice has the Counsel General given the Welsh Government in respect of the UK Government’s classification of the HS2 and Northern Powerhouse Rail projects as England-and-Wales projects? OQ59342

Well, I echo the comments of both the First Minister and the Deputy Minister for Climate Change that the UK Government should not fund the Northern Powerhouse Rail in the same way as HS2. Northern Powerhouse Rail should be classified as an England-only project, with Wales receiving a population share of this funding.

I'm grateful to the Counsel General for that answer. It's clear, isn't it, that the Tory Government in Westminster once again have short-changed Cymru, classing yet another England-only project as an England-and-Wales project. The money we should have received from the HS2 project and the Northern Powerhouse Rail programme is £6 billion—£6 billion. Counsel General, this could have revolutionised Wales's rail network, but instead it's simply another example of how the Conservative Party in Westminster have no interest in Wales. Counsel General, do you agree with me that there is one solution for the people of Wales to get what they are owed: a general election and a Keir Starmer, UK Labour-led Government?

Well, I totally agree with the last point that the Member has made. I'm sure he's probably not surprised to hear me say that. Wales is due £5 billion as a result of HS2. Wales is due a further £1 billion as a result of Northern Powerhouse Rail. So, to suggest that these English projects benefit Wales is a complete nonsense. The money would be transformational for Wales's transport network. The UK Government needs to do the right thing and to pay up. I believe what we actually have is an abuse of the Barnett formula. I can say that these issues are raised at every opportunity and through the current inter-governmental machinery, and Welsh Government is not leaving it there where it is at the moment. 

The Tories seek to deny geographic reality with HS2 and Northern Powerhouse Rail and to claim that, for England-only projects, we should somehow see Wales as well. I am dismayed that Keir Starmer hasn't yet assured us that he would correct this injustice and repay Wales the billions we're owed, but, in any case, this messy injustice we have surely arises from the fact that arrangements over consequential funding are subject to the whims of Westminster. Do you agree with me, Counsel General, that we should move to a place where the Barnett formula or, far better, a fairer replacement formula should be enshrined in law so that we no longer have to simply rely on some 'good chaps' principle of hoping that Westminster will do what's right in terms of funding, because, as this episode and countless others have shown us, Westminster does not do what is right for Wales?

Well, I think the first thing to say is, of course, Barnett, for all its faults, is a redistributive formula, and we don't want to do away with a redistributive formula; we just want a fairer formula and one that has clear guidelines and rules as to how it should operate. It cannot be something that is subject to the political whims of a particular Government at any particular time. So, I think you are absolutely right that there is a need for a newer formula, a refreshed formula, and a formula that has clear constitutional status in the way it is operated and the way in which any disputes over the operation of that formula should operate.