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Revised Wales Bill to be published after 'overhaul' Welsh Secretary 'optimistic' on revised Wales Bill deal
(about 4 hours later)
Plans for the next stage of devolution have been "overhauled" and will put an end to "outdated arguments" over power, according to the Welsh secretary. Welsh Secretary Alun Cairns has said he is optimistic the UK and Welsh governments can come to an agreement on the Wales Bill.
Alun Cairns will publish the revised Wales Bill on Tuesday. A revised version of the proposed law, that reforms the way the assembly makes laws and boosts its powers, was published on Tuesday.
It is expected the bill will remove the need for the Welsh Government to call a referendum before taking partial control of income tax. Its earlier draft proved controversial amid claims it would hit AMs' powers.
But First Minister Carwyn Jones said it would be wrong for income tax powers to be forced on the assembly. But Mr Cairns said the new law would not allow UK ministers to block Welsh laws.
The new Wales Bill is expected to give the assembly new powers, including control of speed limits and fracking. Under the revised version, more powers, including coal licensing, would be devolved than previously planned.
In addition, the assembly will be given the ability to rename itself a parliament. Partial control over income tax would also be granted without a referendum.
Mr Cairns's predecessor Stephen Crabb's draft version of the bill was heavily criticised, with claims it would reduce the assembly's powers. The bill has now been presented to Parliament and is expected to complete its passage through the Houses of Parliament within the next 12 months.
Writing in the Western Mail, Alun Cairns said the bill would "set in stone a strong package of powers for assembly members". Mr Cairns told BBC Wales the bill's "fundamentals are broadly agreed" with the Welsh Government.
"There are few pieces of government legislation which have undergone more scrutiny than the Wales Bill," he said. "We want to negotiate on the fringes of elements of the bill but I'm optimistic that we can overcome those," he said.
"It has been the subject of often fiery debate and provoked passions across the political divide. Mr Cairns said the the UK and Welsh governments "both want the same thing, we want the Welsh Government to be accountable for the decisions it takes, but also for people to understand what is devolved and what is not devolved".
"The UK government has listened, overhauled the draft bill in key areas and has produced a piece of clear legislation that takes account of the distinct and growing body of Welsh law." Asked if there would be any way the UK government could block the wishes of Welsh ministers on making legislation, he said: "Not at all."
"The Wales Bill is in the finest traditions of Welsh radical reformers like Lloyd George. "We're asking the assembly to rightly consider the implications of any law that it passes but every mature institution rightly does that."
"It is designed to set the course for decades ahead and put a definitive end to outdated arguments over who possesses what powers." Writing in the Western Mail, Mr Cairns said: "The UK government has listened, overhauled the draft bill in key areas and has produced a piece of clear legislation that takes account of the distinct and growing body of Welsh law."
Mr Jones told the BBC's Good Morning Wales programme some areas still needed work. The Wales Bill promises new powers for the assembly - including over assembly elections, speed limits, and fracking - and rewrites how Wales is governed by defining what is under the control of Westminster, known as the reserved powers model.
"The old bill had this bizarre idea in it that a lot of what we did needed to be rubber stamped by Westminster. The people of Wales rejected that in a referendum in 2011. That's gone," he said. The change is an effort to make Wales' devolution settlement clearer. The current system defines what is under the assembly's control, with everything else assumed to lie with the UK government.
"There are still some areas like policing, where we think, just like in Scotland, Northern Ireland or Manchester for that matter, that Wales should control policing. The government in Westminster thinks that should stay in London. But the draft version, published last year, faced considerable criticism across the political spectrum, with some saying the law would reduce the assembly's powers rather than increase them.
"So there are some areas where we are not going to agree but there has been a fair bit of progress since the last time around and we've got something now that can be worked on to get it improved by the time it becomes an act." The row prompted the UK government to promise significant changes to the planned legislation, and the revised bill has several changes that include:
Tax There is no provision for a distinct legal jurisdiction despite claims the new system needs a clearer separation between English and Welsh law to work properly.
Mr Jones also suggested that there is still some disagreement on income tax varying powers David Cornock - parliamentary correspondent Wales
"What is a bit odd at the moment is that income tax powers can effectively be forced on the assembly without the assembly's agreement. I think that's wrong," he said. "The Wales Bill," says the secretary of state, "is in the finest traditions of Welsh radical reformers like Lloyd George. It is designed to set the course for decades ahead and put a definitive end to outdated arguments over who possesses what powers."
"I think it should be a joint process, that the assembly has to agree to take these powers. And that needs to be altered in the Bill itself." What could possibly go wrong?
"What I would not want to do is take on board any new powers unless they are paid for. We want to make sure if those powers come to Wales that we get a decent deal with Wales' funding. At the moment that hasn't quite been resolved." You cannot fault Alun Cairns' optimism as he unveils the latest Wales Bill on Tuesday but you may feel we have been here before.
Powers For more see David's blog.
The draft version of the bill was dogged by controversy amid claims it in some ways took powers back to Westminster. First Minister Carwyn Jones previously warned the draft Wales Bill could amount to an English veto on Welsh law.
The row prompted the UK government to promise significant changes to the planned legislation. But on Tuesday Mr Jones told BBC Wales' Good Morning Wales programme: "There are some areas where we are not going to agree but there has been a fair bit of progress since the last time around and we've got something now that can be worked on to get it improved by the time it becomes an act."
The Wales Bill is an attempt to rewrite how Wales is governed by defining what is under the control of Westminster, known as the reserved powers model. Mr Jones suggested there was still some disagreement on income tax varying powers.
The current system defines what is under the assembly's control, with everything else assumed to lie with the UK government. "What is a bit odd at the moment is that income tax powers can effectively be forced on the assembly without the assembly's agreement. I think that's wrong," he said.
The legislation was first announced in the Queen's Speech in May 2015, but the draft version, published in October, attracted widespread criticism that it could actually reduce the assembly's powers. "I think it should be a joint process, that the assembly has to agree to take these powers."
A final version was due to be presented to Parliament by March, but Mr Crabb - since replaced by Mr Cairns - paused the process in February. Plaid Cymru Westminster group leader Hywel Williams said: "We welcome the publication of a new Wales Bill that has at least sought to reverse the worst aspects of the previous draft."
At that time, Mr Crabb said the UK government would overhaul the bill as there were areas which needed "significant and substantial changes".