I note first of all that the impact assessments are compulsory in that they would be compulsory in their effect. However, for this Bill, they are not compulsory, but optional. We do not know for sure what results they could trigger. It interests me that they are not in the working group remit, but that they appear in the Bill. We should explore more fully what their impact is likely to be. Yes, on face value, they are to be welcomed, but we need to know more about them. We need to know the mechanism by which we will know more about them, and we need to be sure that that will feed in to the process of this Bill.
Indeed, there are concerns all round about the pace of the Bill’s introduction, the need for scrutiny on its workability and how it synchronises with the timetable of the justice working group, which reports in the autumn. I anticipate that the Secretary of State will outline how these material issues co-ordinate, but I am disappointed that we are being asked to vote today on matters about which so many questions remain unanswered.
In passing, I also note further concerns about the working group. I seek a guarantee that the interests of Westminster departmental workings will be secondary to the best interests of Wales with regard to membership, remit and stakeholder evidence. To reiterate, I ask the Secretary of State to assure me that this Bill will not reach its Committee stage until the working group has reported. It would be unacceptable to move ahead in the present state of uncertainty.
I recall that, in discussions on the draft Bill, the sheer unworkability of the foundation principles meant that the reservations themselves did not receive proper attention. That must not happen again. We have had many speeches about the potential of Wales—I applaud the speech of the hon. Member for Newport West (Paul Flynn) who is no longer in his place—and how the Wales Bill should be looking to realise the fantastic future for Wales. We should be optimistic in our anticipations.
In fact, rather than giving the people of Wales more control over their own resources, some aspects of the Bill give the UK Government a greater hold. Section 44 amends section 114 of the Government of Wales Act 2006—a section that gives the UK Government a veto on any Welsh legislation or measure that has an
adverse impact on water quality or supply in England. Incidentally, that section is exclusive to the Welsh devolution settlement. It appears in neither the Scottish nor the Northern Ireland settlements. Rather than removing this section from the Bill, bringing Wales into line with Scotland and Northern Ireland, section 44 extends the veto to cover anything that has an adverse impact on sewerage systems in England, too—so we have water and now we have sewerage.
In last October’s debate on the flooding of Capel Celyn, I recall the Secretary of State referring to the joint Government review programme and how it was considering the Silk commission’s recommendation on water. I understand that this group is to report shortly. Perhaps the Secretary of State will be minded to amend the Bill to include a reciprocal power for the Welsh Government to veto UK Government measures that impact on Wales, or perhaps he will see sense and remove section 44 from the Bill. That will, at long last, right the wrong of Capel Celyn and give Wales full powers over our own water.
5.14pm