I do not quite share the despondency of the hon. Member for Arfon (Hywel Williams) about the state of the Bill and the devolution settlement, but I agreed with a number of the points he made and it is always a pleasure to listen to him speak.
I did not have the pleasure of serving on the Committee, but I have enjoyed taking part in the debates and scrutinising the Bill in the Chamber, especially on Report. I share other Members’ scepticism about whether this is really the final settlement. I think the Secretary of State and the Minister slightly over-egged the pudding when they suggested that this would be the end of the matter. We have seen Bill after Bill and change after change during this process, and while I am a firm supporter of devolution and of the innovation and positive differences it has brought to the people of Wales, in the end they will judge the devolution settlement by the impact it has on their lives. They will judge it, for example, according to whether there is fragmentation and confusion around cross-border services, financial arrangements or the interoperability of services across the border, particularly given the geographical proximity of Wales to England. For the populations involved, our situation is slightly different from that of Scotland.
I believe, as do the First Minister and many other colleagues, that the devolution process is not finished. We need a proper constitutional convention that looks not only at the settlement of powers but at funding arrangements and at how we resolve disputes in these islands. This is particularly important as we look at the question of devolution in England as well. We could end up with a completely asymmetric devolution settlement across the UK that would be cumbersome and unworkable. I do not want to see disputes being resolved in the Supreme Court or getting lost amid technical details because the issues are far too complex. We have seen that happen in relation to many individual issues. I remember the Welsh Affairs Committee looking at the provision of NHS services across the border and, rightly or wrongly, there is increasing confusion for patients travelling across, whether in relation to funding arrangements, records or other issues. In the end, the
people of Wales—and the people of the United Kingdom —will judge devolution and the constitutional changes by applying these tests. Does this make things better for us? Do we feel more engaged? Do we understand what is going on?
We need to bear this in mind particularly as we deal with the atmosphere of the post-Brexit referendum. The Bill has many positive aspects, including the move to a reserved powers model and the devolution of powers in many areas. These are positive steps forward, but it would be a great tragedy if we were to give those new powers and responsibilities to Wales only to see the people and the Government of Wales emasculated in the Brexit negotiations. It has been suggested in some quarters, for example, that there will be no reference to decisions taken in the Welsh Assembly or to Welsh Government Ministers in what will be the most crucial constitutional negotiations this country has faced in decades. It would be perverse if powers were to be given with one hand while Wales’s future in many respects was taken away with another, whether in negotiations on agriculture or fisheries or in future trade deals. Unless we get the balance right for the role that devolved Governments and legislatures play in the process, we will make some serious mistakes.
I want to reiterate some of my previous points. We need fundamentally to reconsider the representation of the people of Wales. The boundary reforms are not being done fairly. There is the difference between the electoral register lists that the Boundary Commission have with worked with and registration levels for the European Union referendum, the fact that we continue to stack the House of Lords higher and higher while significantly cutting the number of Welsh MPs, and the lack of clarity about the future number of Assembly Members—potentially huge problems. I would like to see the House of Lords completely reformed with a strong regional and national element representing a new constitutional—and ultimately federal—settlement. That is how we can ensure the coherence of this United Kingdom and our constitution and ensure an understanding of how we can work together with difference, innovation and the special situation that devolution has delivered for the people of Wales.
I am pleased that the Bill is going forward, but this is not the end. Ultimately, the people of Wales will judge it on whether it makes things better for them and on whether they feel more engaged in the decisions that affect their lives.
Question put and agreed to.
Bill accordingly read the Third time and passed.