It is clear that the sound and fury generated by the referendum campaign has still not entirely dissipated. What appears to be coming out of this debate is a general agreement that, although Scotland should not become independent, there should be greater devolution not only for the people of Scotland but for the people of the other parts of the United Kingdom. Yesterday’s Command Paper was a further step along that route. I am sure we all wish Lord Smith well in his endeavours.
Entirely understandably, the outcome of the referendum has generated calls for English votes for English laws. I will come on to that in a moment, but since we have been overlooked thus far in this debate, I would like to mention Wales. The Wales Bill has completed its passage through this House and is now passing through the other place. However, it cannot be said that the Wales Bill is the end of discussions on devolution in Wales. It was always intended to be a modest measure implementing most of the recommendations of part I of the Silk Commission report, as well as making minor changes to such matters as the title of the Welsh Assembly Government.
Last summer, however, the decision of the Supreme Court in the Agricultural Wages Board case made it absolutely clear that the Welsh devolution settlement was, in reality, always unfit for purpose. Unlike the Scottish reserved powers model, the Welsh settlement was a conferred powers model. It was always assumed under that model that unless powers were specifically conferred they were not included in the competence of the Assembly. That, the Supreme Court made absolutely clear, was not in reality the case. My right hon. Friend the Secretary of State for Wales therefore indicated that Wales should move towards a reserved powers model. From the point of view of improving clarity, a change in the model is not necessarily the end of the process. What was defective about the two Government of Wales Acts was not so much the model of devolution, but that there was so much uncertainty about it: the edges were fuzzy. Moving to a reserved powers model will solve the problem identified by the Supreme Court only if there is crystal clarity about what is to be reserved. That is an exercise that has to be carried out with a high degree of precision. Indeed, one of the criticisms made by one of the Silk commissioners in evidence to the Welsh Affairs Committee was that the Government of Wales Act had been a “rushed job”.