Tryweryn, Welsh water and sending political messages

'Today's announcement puts right an injustice that occurred more than 50 years ago' - Alun Cairns

The announcement sent me rushing for my well-thumbed copy of the Wales Bill.

Has the UK government decided to devolve that most sensitive of issues, water in Wales, to the Welsh Government and Assembly?

The answer is yes - and no. Today's announcement doesn't change the list of reserved powers in the Bill, which includes some water and sewerage policy (see Clause 15) but it should, in practice, mean more water-related decisions can be taken in Wales.

The issue is complicated because water companies cross borders but UK ministers will lose their power to intervene in some water-related decisions taken in Wales.

Currently, the assembly could pass a law that could be blocked by UK ministers if they judged it would have a serious adverse effect on the water supply in England. (One example suggested to me was water quality, although that is currently determined by national standards derived from the EU Drinking Water Directive).

These intervention powers appear in the 2006 Wales Act but have never been used. Despite that, I understand DEFRA was reluctant to give them up.

The other big question is this: could the re-drafted Wales Bill prevent another Tryweryn? Ministers concede that current planning laws are more likely to prevent a repeat but in politics symbolism is important and this is a symbolic announcement.

Welsh Secretary Alun Cairns told me: "This is about righting a wrong from 50 years ago. The symbolism behind removing the intervention powers sends a strong message, I think, to the people of Wales, but also politicians and academics that have commented on the constitutional settlement of how one government inter-relates to the other."

'Demands'

Could it also send "a strong message" to Welsh Assembly members who, before too long, will be asked to vote on whether they consent to the Wales Bill?

The Wales Office believes it does and that having offered further devolution on water, teachers' pay and the community infrastructure levy, it has met most of the Welsh Government's demands on the legislation (with the notable exception of Air Passenger Duty) and it's now time for Ministers in Cardiff to back the Bill publicly.

It will also be encouraged by the positive response of former Plaid Cymru leader Lord Wigley, who came up with his own amendments to try to nudge the UK government in this direction.

He, like the rest of us, will be listening closely when peers debate the issue again on Tuesday - and when negotiations begin on the protocol that will replace the current law.