speech on silk part 2

Firstly can I congratulate Paul Silk and his colleagues for the clarity and consistency of this report. Unlike some other commission reports I have read the conclusions and recommendations arise from the report and discussion rather than it  appearing to be the other way around.

I believe the most important recommendation is that we move to a reserved powers model. Whilst this does not solve all the problems, Wayne David MP at a discussion held in the House of Commons identified the problem experience regarding Antarctica expeditions including Scottish citizens. If that was the only problems faced with the current model in Wales. I am sure most people would be pleased.

What we have seen in Wales but not in Scotland and Northern Ireland is the referring of legislation to court by the Westminster government including the By laws bill that was unanimously passed here and was in the eyes of most people non contentious.

This emphasis on clarity is all the more prescient when one considers the now almost routine referrals of Welsh Bills to the Supreme Court. Since 2011, Bills affecting fields as diverse as Agricultural Payments, local government by-laws and asbestos compensation have been referred to the Supreme Court, a process which has only highlighted the confusion over the boundaries of the Welsh devolution settlement

Just to reiterate something I have said several times before the reserved powers model is not about additional powers it is about clarity over the devolution settlement.

Wales has a conferred powers devolution model. This makes the Welsh settlement different from Scotland, Northern Ireland and other major European countries which enjoy the reserved powers model.

Welsh devolution urgently needs changing to the reserved powers model which gives greater clarity over what is and is not devolved. It is a telling point that this is the method used not just in Northern Ireland and Scotland, but across mainland Europe.

However, the main lesson from continental Europe’s experience of devolution is that while there are many different ways of creating a devolved structure, all have the reserved powers model in common.

This leads to the big question of what powers should be reserved.

Starting with the obvious ones such as defence, foreign policy, criminal law, citizenship, currency and money, the unity of the custom and trading area, benefits including the state pension, and overseas aid.

This leads on to the question of pay rates and policing

We have agreed we do not want regional pay so devolving teachers pay will lead to one of two outcomes

1)          Just follow the English pay rates

2)          Have variable pay so that 2 teachers living in Wrexham will be paid different rates if one works in Wrexham and the other in Chester

I do not believe either is the right solution and I am someone who believes in a National pay scheme

On Policing devolution of most policing is the preferred model across Europe and the USA but with national security, Terrorism and cross border issues dealt with centrally

In conclusion

I welcome the Silk commission part 2 report and hope that the reserved powers model can be implemented as soon as is practicable but the next stage is to organize the further devolution of appropriate powers possibly following the northern Ireland model where they have been agreed to be devolved but get devolved when the northern Ireland assembly votes by 2/3 or more to do so.