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Archives for January 2011

Assembly powers: my (quasi-judicial) inquiry

David Cornock | 10:44 UK time, Monday, 31 January 2011

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Devolution is an issue that, at various times, has split both Labour and the Conservatives.

The advent of a Conservative-led government at Westminster has done a lot to unify Labour, some of whose MPs discovered an enthusiasm for a rapid referendum on the Welsh assembly's powers almost as soon as Gordon Brown lost office.

So these days it is the Tories' turn to manage internal divisions on the issue. Conservatives have a "free vote" in the forthcoming referendum.

Most Tory AMs support full law-making powers for the Assembly; the party's MPs are rather less enthusiastic. The UK Government may be officially neutral on the issue, but one of its whips, Preseli Pembrokeshire MP Stephen Crabb, has that he will be voting "no" to more powers.

Welsh Secretary Cheryl Gillan and her deputy David Jones have argued that they have a "quasi-judicial" role and therefore won't be taking part in the campaign or the debate.

This role did not appear to inhibit (Labour) Ministers during the 1997 referendum, so, using the Freedom of Information Act, I tried to find out on what basis they formed their "quasi-judicial" defence, particularly what legal advice they had received along those lines.

This is their reply: "You requested "a copy of the legal advice on which the Secretary of State and the Parliamentary Under-Secretary of State base their assertion that they have a 'quasi-judicial role' that inhibits their participation in the debate surrounding the referendum on the Welsh Assembly's powers". We have not identified any records falling within the terms of your request.

"However, it might be helpful if we clarified what we mean by the Secretary of State fulfilling a "quasi- judicial role". The Secretary of State was responsible, during the drafting of the referendum orders, for considering and determining recommendations, which included agreeing the date of and question for the referendum.

"The Secretary of State had a responsibility to consult the Electoral Commission and consider their recommendations on the intelligibility of the question and it was important that both the Secretary of State and the Parliamentary Under Secretary remained impartial and neutral during this process. They have continued to remain impartial and neutral so as not to appear to influence the outcome of the referendum, as it is for the electorate in Wales to decide what that outcome should be.

"The Government made a commitment to hold a referendum in Wales, and the Secretary of State introduced appropriate legislation to fulfil that commitment. The process of delivering the referendum and the result is now a matter for the Electoral Commission."

I cannot think of another example of Government Ministers legislating for a referendum yet staying neutral "so as not to appear to influence the outcome of the referendum". If anyone knows of a precedent, please let me know.

Gerry Adams in interesting company

David Cornock | 13:12 UK time, Thursday, 27 January 2011

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Gerry Adams's appointment to an office of profit under the crown - Steward and Bailiff of the Manor of Northstead - has irritated Sinn Fein and shone a light on one of Westminster's more arcane procedures.

According to a fascinating produced by the House of Commons, the Manor of Northstead consisted of a number of fields and farms in the parish of Scalby in
the North Riding of Yorkshire.

"In 1600 the main property of this manor was described as "an old chamber ... a low house under it, unfit for habitation. Sir Richard Cholmley's shepherd
dwelt there until it fell down"."

Not that Mr Adams is expected to rest his head there. He follows an eclectic list of Stewards and Bailiffs of the Manor of Northstead - one of two options, the other being the Chiltern Hundreds, available to resigning MPs.

The "profit" element of this office appears to be nominal with its limited benefits confined to disqualification as a Member of Parliament.

Past office holders include Enoch Powell, Boris Johnson, Michael Martin, Robert Kilroy-Silk and the former Plaid Cymru MP Cynog Dafis: no news yet on whether Mr Adams has been in touch with his living predecessors for advice on how to fulfil his new role.

S4C, Lloyd George and video games

David Cornock | 11:21 UK time, Thursday, 27 January 2011

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For students of Welsh politics, last night's debate in the House of Lords had it all: a contribution from Lloyd George's grandson, references to notable figures in Welsh life from the Archbishop of Wales to John Redwood, and a history lesson from one of Britain's most distinguished historians.

You didn't have to be Welsh to take part, but it certainly helped. Lord Campbell-Savours of Allerdale claimed participation through his Swansea birth (and traced the Savours back to 1602 to prove his point).

Lord Williamson of Norton relied on his past experience representing North Wales at cricket to contribute to a debate on plans to cut the number of MPs.

Viscount Tenby spoke as someone whose grandfather, father, aunt and uncle all represented rural Welsh constituencies to make the point that larger seats could be more difficult to represent with fewer MPs.

Former Welsh Secretary Lord Crickhowell put forward his analysis of the history of S4C, after recently published Cabinet papers highlighted Gwynfor Evans's role in the channel's birth.

Lord Crickhowell, as Nicholas Edwards Secretary of State between 1979 and 1987, saw things differently: "The crucial moment in that consideration was not, as has sometimes been said, the actions of Mr Gwynfor Evans.

"In fact, it was a visit paid to Lord Whitelaw and me by three very distinguished Welshmen: one much-loved former Member of this House, Lord Cledwyn of Penrhos, the then Archbishop of Wales and Sir Goronwy Daniel.

"After the meeting, Lord Whitelaw asked me what I thought we should do. I said: "If we cannot carry sensible, wise, moderate, middle-of-the-road opinion on this issue, we should change our policy, because we cannot deal with the extremists if we cannot have the support of people like that"."

His point was that the weight of an argument depended on quality, rather than quantity, and Wales should not fear a loss of 10 MPs.

"I may be wrong, but I do not think that Owain Glyndwr is rising from his unknown grave and about to lead the people of Wales into a great campaign because our nation is threatened by this terrible change. I am a bit doubtful about that argument."

Historian Lord [Kenneth O.] Morgan took on the Crickhowell argument. "If Wales were represented by 40 idiots or people of mediocre talent, perhaps it might not matter how many you had.

"If you had a genius, Wales could be represented by one person. But I also think - to quote a famous advert - size matters, and a significant number to make a collective point at all levels of the legislature of the United Kingdom is extremely important."

The debate co-incided, perhaps accidentally, with the release of publicity of some of the 40 MPs from Wales taking part in the First "Parliamentary Games Day" organised by a lobbying group from the video games industry.

Lords a-sleeping

David Cornock | 10:11 UK time, Thursday, 20 January 2011

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The House of Lords sleepover is over - at least for this week. Peers called it a day at three o'clock this morning, concluding the eleventh day of debate on plans to cut the number of MPs and hold a referendum on the voting system.

The latest exchanges were not without their entertaining moments, as peers digested media coverage of Monday's all-night sitting. Then, there were plenty of attractions outside the chamber for those form whom the debate itself was not enough to prop the eyelids awake.

Lord Thomas of Gresford and Lord Howarth of Newport traded insults over the sleep-inducing qualities of each other's speeches.

Liberal Democrat Lord Thomas said: "We all enjoyed the of the noble Lord fast asleep in the Chamber that appeared in today's Independent. I hope that he is not intending to send the rest of us to sleep with his speech. He normally takes 20 to 25 minutes. Perhaps he can shorten it today and talk to the point for once."

Former Labour MP Lord Howarth responded: "The noble Lord himself is occasionally capable of quite soporific oratory. If I had fewer interventions no doubt I would be able to sit down rather sooner."

Another Lib Dem peer, Lord Tyler, pitched in: Lord Tyler: "Some of us have seen a fascinating grid, the Opposition's speaking grid, that was left in some facilities of the House overnight earlier in the week. It was very helpful because we were then able to see when noble Lords were being instructed to speak on various amendments. Would either he or one of his colleagues tell us what the grid is for today?

"Then we could know when the noble Lord was going to speak and perhaps we could slip outside to have a cup of tea or even a snooze."

Lord Howarth: "I would personally be terribly disappointed if the noble Lord, Lord Tyler, were to take advantage of the fact that I was on my feet to go and have a cup of tea because I depend on his presence as a stimulus and discipline to myself. I might be tempted to speak more rashly and randomly if it were not for the invigilatory presence of the noble Lord in the Chamber."

Day 12 of this long-running exercise in democracy/farce* (*delete as appropriate) is scheduled for next Monday, the day former Plaid Cymru leader Dafydd Wigley takes his seat in the House of Lords.

It could be a long day. Let's hope he remembers his toothbrush and ermine-trimmed pyjamas.

Peers face a hard day's night

David Cornock | 17:07 UK time, Monday, 17 January 2011

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Few things get the unelected House of Lords more wound up than elections. Peers have just embarked on what may well be a marathon debate on the UK Government's plans to re-draw constituency boundaries and hold a referendum on the parliamentary voting system.

Welsh Labour peers are particularly exercised about the proposed cut in the number of MPs from Wales - probably from 40 to 30 - and are doing everything they can to thrawt it.

As I write, Lord Anderson of Swansea is 15 minutes in to what is likely to be a lengthy speech that has so far taken in his own upbringing, his diplomatic career, his brief spell as MP for Monmouth and his decades as MP for Swansea East.

As a Commons veteran, he knows a thing or two about filibustering and appears quite capable of forcing an all-night sitting of the Lords on his own as he trawls through what he self-depracatingly calls his "anecdotage".

Former Labour Minister Lord Touhig is spearheading a number of amendments designed to reduce the impact on Wales of the One would ensure Wales has no fewer than 35 MPs, another would delay any cuts until the Welsh assembly has full law-making powers.

Conservative former Welsh Secretary Lord Crickhowell has tabled an amendment that would allow Welsh constituencies to vary from the average of 78,000 voters by twice as much (10 per cent) as is currently planned for the rest of mainland Britain.

Lord Anderson has just sat down after 25 minutes, to be succeeded by Lord Elystan-Morgan, who denied coming within "a thousand miles" of a filibuster - and gave a detailed account of a late 19th century parliamentary exchange to prove it.

Peers are faced with the prospect of a week of all night sittings. If tonight's debate continues beyond 2.15pm tomorrow then Tuesday's parliamentary business will have to be put off until another day.

Under parliamentary rules, Monday, January 17 will end only when the House of Lords adjourns. Today could last until the middle of the week. It could be a long night.

One Jag Cheryl

David Cornock | 15:01 UK time, Monday, 10 January 2011

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One of the perks of ministerial life is the government car to ferry you (and your red boxes) between home, work and official engagements.

Indeed, former Foreign Secretary Sir Malcolm Rifkind once joked that loss of office only hit home when he got in the back seat of his car and discovered that it didn't move.

Former Labour Minister ruffled Whitehall feathers by trying to dispose of the chauffer-driven car allotted to him.

David Cameron says his battle inspired him to try to cut the costs of ministerial travel, a drive being felt in the Wales Office.

The department currently leases two cars, a Toyota Prius in Westminster and a Jaguar (an XJ TDVi Executive 2.7 litre diesel saloon since you ask) in Cardiff.

Cheryl Gillan tries Ryder Cup golf buggy at Celtic Manor

Anto the Wales Office produced the following response: "In 2008-09 and 2009-10, the Wales Office leased two cars in London (both Toyota Prius) and one car in Cardiff (Jaguar). In 2008-09, the monthly charge was £14,478.91; giving an overall annual charge of £173,746.92. In 2009-10, the monthly charge was £14,191.79; giving an overall annual charge of £170,301.48."

That figure, which covers the last two years of the last Labour government, is more than the total paid to the two Wales Office Ministers in "ministerial entitlement" (pay minus salary as MPs) each year.

Spending on transport has fallen since September 2010, when one of the leases was cancelled on Secretary of State Cheryl Gillan's instructions.

The lease on the Jag runs out in May next year and, I suspect, is unlikely to be renewed.

Perhaps this photograph, taken at the Ryder Cup venue, shows Cheryl Gillan in the style to which she may shortly have to become accustomed. She could always emulate a Welsh Office Minister in the 1970s who discovered he could only alleviate the carsickness he suffered in the back of the vehicle by displacing the chauffeur and driving himself from north to south Wales.

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