Local Transport Bill [HL]

I am delighted to join the noble Lord, Lord Glentoran, in this short debate to discuss the framework powers, and to follow the noble Lord, Lord Elis-Thomas. Members of the Committee will be well aware that the Government of Wales Act enhances the legislative powers of the National Assembly for Wales. The Government have made it clear that they will draft parliamentary Bills in a way that gives the Assembly wider and more permissive powers to determine the detail of how the provisions should be implemented in Wales. In 2005, we made that clear in a White Paper. Clause 109 has been included at the specific request of Ministers of the Welsh Assembly Government. It is not a private matter. It is part of the normal working of the Assembly Government to request it, and it is consistent with the devolutionary principles established in the Government of Wales Act. Framework powers are being conferred on the National Assembly in a number of other areas of government policy. We are making real progress in enhancing the devolution settlement in the 2006 Act, and it is becoming a reality because of that progress. Clause 109 inserts a new matter into Schedule 5 to the 2006 Act to allow the Assembly to make its own legislation on the making, operating and enforcing of charging schemes in respect of trunk roads in Wales. Trunk roads comprise the network of strategic through routes that are managed by Welsh Ministers and which account for 5 per cent of roads in Wales by length. It would be for the Assembly to consider whether, and if so how, it would be appropriate to exercise those powers. That is a very important point to stress today. A memorandum setting out the detail of the framework powers has been published alongside the Bill. Copies of it can be found in the Library of the House. It is a very useful document, and a very helpful practice for Members of your Lordships’ House. Welsh Ministers have yet to decide what role, if any, road charging may play in addressing current and future transport challenges. They do, however, wish to have the powers available that would allow the Assembly to adopt a coherent approach towards any road-pricing proposals, or indeed any future UK scheme, that local authorities in Wales may bring forward at any time in the future. These powers are entirely consistent with the further development of a devolution settlement in line with the Government of Wales Act 2006. Clause 109 simply devolves the issue to Wales. The issue has already been devolved in Scotland and Northern Ireland. The Bill does not provide powers to implement a road-pricing scheme on all roads in Wales. That very important point should offer the noble Lord, Lord Glentoran, some reassurance. We are not talking about powers to implement a road-pricing scheme on all roads in Wales. New primary legislation would be required to impose pricing on local authority roads, which make up 95 per cent of the road network in Wales. Furthermore, Welsh Ministers have made it clear that if they were to take forward a trunk road pricing scheme, it would be focused on the most heavily congested parts of the network, as one would expect. This provision covers most aspects of a trunk road charging scheme. The only exception—and this is for completeness in discussing this clause—is the ability to make provision about traffic signs, apart from placing and maintaining signs. For safety reasons, it is appropriate for UK Government Ministers to prescribe and authorise traffic signs. They are therefore not covered by Clause 109. The provision also provides that the National Assembly must require any revenue raised by a trunk road charging scheme—we are talking about a scheme that charges for use—to be spent on transport-related purposes. This means that the revenues would be used to implement the Assembly Government’s transport policies and programmes in order to develop the transport network in Wales. Those programmes and policies, and the transport strategy which the Assembly is currently debating and the Ministers are developing, will be much scrutinised. These powers are not tax-raising powers, and I do not accept that this provision will confer tax-raising powers on the National Assembly. The noble Lord, Lord Glentoran, asked about the possible application of scheme proceeds for such purposes as ministerial cars. This little nugget has come up a few times, so I thought it would be worth addressing it. As I have said, the Welsh Assembly Government do intend scheme proceeds to be applied in the implementation of strategic transport policy, transport services and the transport-related infrastructure. My right honourable friend Peter Hain referred to that point. All proposals for the application of scheme revenues will be subject to the full scrutiny of the National Assembly and the Auditor-General for Wales. It is inconceivable that the Welsh Assembly Government would spend any charging scheme revenue on frivolous items or for self-serving purposes. They are elected and accountable to the people of Wales, and any purported unusual application of scheme revenues unrelated to transport would fall outside the scope of the power and would be ultra vires. I hope that that offers the noble Lord, Lord Glentoran, some reassurance. To be absolutely clear for the record, these framework powers were requested by the Welsh Assembly Government. There was a debate in the Assembly on 4 December. I have read the transcript, and it was a very good debate. The Government are strongly committed to enhancing the legislative competence of the National Assembly for Wales, and the framework powers in Clause 109 are an important part of taking that forward. I hope that, given my reassurances to the Committee, the clause will stand part of the Bill and that these framework powers will be realised in the Welsh Assembly Government.