“(1) Within two years of the day on which this Act is commenced, the Treasury must have completed a transfer of the responsibility of the management of the Crown Estate in Wales to the Welsh Government.

(2) The Treasury may by regulations make provision about the transfer of the responsibility of the management of the Crown Estate in Wales relating to reserved measures as it considers necessary or expedient, including—

(a) in the interests of defence or national security,

(b) in connection with maintaining and developing telecommunications and wireless telegraphy, and

(c) in connection with maintaining and developing the transmission or distribution of electricity or the provision or use of electricity interconnectors.

(3) The Treasury must by regulations make provision to ensure that the employment of any person in Crown employment is not adversely affected by the transfer of responsibility under this section.

(4) A statutory instrument containing regulations under subsections (2) and (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—

This new clause places a duty on the Treasury to transfer management of the Crown Estate in Wales to the Welsh Government within two years of the commencement of the Act and take measures by resolution to secure arrangements for reserved matters such as defence and national security, telecommunications, and the national grid, and to ensure that employees of the Crown Estate are not adversely affected by the transfer.

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

With this it will be convenient to discuss new clause 12—Devolution of Crown Estate powers to Wales—

“(1) The Crown Estate Act 1961 is amended as follows.

(2) After section 7 (powers of Minister of Works in Regent’s Park) insert—

‘7A Commissioners’ functions in Wales

(1) The Treasury must set out a scheme to transfer all the existing Welsh functions of the Crown Estate Commissioners (“the Commissioners”) to the Welsh Ministers or a person nominated by Welsh Ministers.

(2) The existing Welsh functions under subsection (1) are the Commissioners’ functions relating to the part of the Crown Estate that, immediately before the transfer date, consists of—

(a) property, rights or interests in land in Wales, and

(b) rights in relation to the Welsh zone.

(3) The Secretary of State must by regulations set a date to implement the scheme under subsection (1) to the transfer of functions to the Welsh Ministers or a person nominated by Welsh Ministers.

(4) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.’”

This new clause would require the Treasury to devolve Welsh functions of the Crown Estate Commissioners to Welsh Ministers or a person nominated by Welsh Ministers.

The new clause places a duty on the Treasury to transfer management of the Crown Estate in Wales to the Welsh Government within two years of the commencement of the Bill. This would correct the glaring imbalance in the constitutional settlement of the UK whereby Wales is unable to direct and benefit from its own natural resources in the way that Scotland can. There is an overwhelming majority in favour of devolving the Welsh Crown Estate; it has been called for by the independent commission on the constitutional future of Wales, the national infrastructure commission for Wales and the Labour Welsh Government. I note, sadly, that the Welsh Government have failed to submit any written evidence in favour of devolution to this Committee.

Half of all Welsh councils have passed motions calling for the devolution of the Crown Estate, with more preparing motions for the coming weeks and months. Devolution is also supported by 58% of the population of Wales, according to the latest polling—a clear majority. The Government have argued consistently that devolution of the Crown Estate would “fragment the market”. I note that that is the same position as the previous Conservative Government, which is why the former Labour Secretary of State for Wales, Lord Hain, was right when he said, during the Lords Bill Committee, that this position

“reflects old, centralised, conservative, anti-devolution Whitehall thinking.”—[Official Report, House of Lords, 14 October 2024; Vol. 840, c. 18.]

Scotland is also a proof of concept that a devolved Crown Estate does not impede investment or fragment the market. If there can be a smooth and orderly transition of the management of the Crown Estate to Scotland, why not the same for Wales?

On Second Reading in the Commons, the Government argued that devolution would complicate existing processes and potentially delay grid connectivity reform, as well as the further development of offshore energy. Let me take those points in turn. First, with proper planning and a guarantee by the UK, working with the Welsh Government, to protect reserved interests, including the national grid, it would reduce the risk of impediments to ongoing reforms. That is why new clause 5 includes provision to ensure that the Treasury acts to secure reserved matters, such as the national grid, as part of the transfer of the management of the Welsh Crown Estate to the Welsh Government.

Secondly, on the potential further delays to offshore development in Wales, a devolved Welsh Crown Estate creates the opportunity for it to be strategically integrated into the planning of sub-sectors, including offshore wind in Wales. Looking again at Scotland, devolution has allowed for greater alignment between marine energy planning and licensing for renewable energy projects, such as offshore wind. With a devolved Crown Estate, the Scottish Government have taken a sectoral marine planning approach for offshore wind. They have made a specific plan for offshore wind development that provides the strategic frameworks for seabed leasing for commercial-scale offshore wind by Crown Estate Scotland. While England, Wales and Northern Ireland will have various forms of marine plans that the Crown Estate must have regard to, they cover a wide variety of policy areas and are not sector-specific.

The Welsh Government have a number of other areas that overlap with the responsibility of the Crown Estate in conducting early development of offshore wind. Those include their devolved responsibility over Welsh ports and responsibility for education in Wales, including skills and apprenticeships. These are crucial for the development of robust local supply chains for offshore wind projects. Wales could integrate a devolved Welsh Crown Estate into Welsh devolved plans and responsibilities, leading to a more strategic and joined-up approach to offshore development. In this way, devolving the Crown Estate is about not just profits from renewable licensing, but driving economic development in Wales. That would surely be a more attractive proposition to developers. The Government cannot continue to hide behind the excuse that devolution creates uncertainty. Yes, devolution will mean change.

Does the hon. Member recognise that the potential devolution of the Crown Estate in Wales could cause no end of issues for the fair distribution of supply chain and economic benefits in communities, alongside their Celtic neighbour in Cornwall, for example?

That is why we have asked for a two-year approach, so that we can work together. It has happened in Scotland and it is possible. I think it is only fair that we ask the new UK Government, who want to devolve local authorities and regions in England, for devolution of the Crown Estate in Wales as well. It was another Labour Secretary of State, Ron Davies, who said:

“Devolution is a process. It is not an event and neither is it a journey with a fixed end point. The devolution process is enabling us to make our own decisions and set our own priorities, that is the important point.”

I urge this Labour Government to heed those words and support my amendment to devolve the Crown Estate to Wales.

I will speak to new clause 5 and to new clause 12 which calls for the devolution of the Crown Estate to Wales. While Scotland has controlled its Crown Estate since 2017, Wales has been left without these powers, despite the fact that vast Crown Estate assets lie within its borders. It is time to correct that unbalance and bring Wales into line with Scotland. Devolving control of the Crown Estate would not only recognise Wales’s status as an equal nation, but deliver substantial economic benefits to communities across Wales. Under the current system, profits from the Crown Estate flow directly to the UK Government.

As my hon. Friend the Member for St Austell and Newquay partially explained, there is an issue relating to, for example, the Celtic sea, where the Crown Estate has great interest in floating offshore wind. That lies between Wales, Cornwall and the south-west, so where would the line be drawn? It would open up a huge number of complexities that would be very difficult to solve.

Nobody is saying that this is easy, but it is possible, and it has happened with Scotland. As many Members have said to us, given that we have territorial devolution and powers over the land, why not the seabed as well? There are ways of managing this, so complexity should not get in the way of ensuring that we have fairness in the distribution of economic benefits.

This funding is desperately needed, particularly given the historical underfunding of Wales on issues such as infrastructure. The success of devolution in Scotland speaks for itself; since 2017, when Scotland gained control of the Crown Estate, it has generated more than £103 million for public finances, so let us think what could happen for Wales if it was able to retain the profits generated by the Crown Estate within their borders.

Wales is expected to generate at least £1 billion from offshore wind energy leases in the coming years alone. Keeping some of that money within Wales could add £50 million a year to the Welsh Government’s budget—funds that could be directly reinvested in public services and local communities.

But this is not just about the financial gain; as the hon. Member for Ynys Môn said, devolving the Crown Estate would open up opportunities for greater investment in renewable energy projects. That is particularly important for coastal communities, which have long suffered from the decline of traditional industries. When they see direct benefits from renewable projects, they are far more likely to support them. That would create jobs, opportunities and sustainable development, delivering long-term economic stability, especially for the coastal regions of Wales that need it most.

The devolution of the Crown Estate has widespread support across Wales, from the Liberal Democrats in this place and the Welsh Parliament to Plaid Cymru, a majority of local authorities in Wales and even to the Welsh Labour Government. There is clear and overwhelming backing. In addition, opinion polls consistently show that the majority of the Welsh public are in favour of seeing the Crown Estate devolved, and it is clear that the people of Wales want to see this change. We want to work together, and I urge the Government to support this new clause and allow Wales to benefit from the powers and financial resources that it so rightly deserves.

I will not detain the Committee for long. The hon. Member for Ynys Môn referred to the previous Conservative Government’s position, which has not changed today. The proposal would introduce an element of risk in spinning out assets and revenue streams. We heard about the particulars of the Celtic sea, so this is not the right proposal for this time.

I thank the hon. Member for Ynys Môn for tabling new clause 5, which would require that within two years of the day on which the Act commences, the Treasury must have completed a transfer of the responsibility of the management of the Crown Estate in Wales to the Welsh Government. It would allow the Treasury, by regulations, to make provision about the transfer relating to reserved matters as necessary, and would require it to make provision to ensure that the employment of any person in Crown employment is not adversely affected by the transfer of responsibility.

I also thank the hon. Member for South Cambridgeshire for tabling new clause 12, which would require the Treasury to set out a scheme to transfer all existing Welsh functions of the Crown Estate commissioners to Welsh Ministers or a person nominated by Welsh Ministers. The Welsh functions would consist of the property, rights or interests in land in Wales and rights in relation to the Welsh zone.

The Government believe there is greater benefit for the people of Wales and the wider United Kingdom in retaining the Crown Estate’s current form. Both new clauses would most likely require the creation of a new entity to take on the management of the Crown Estate in Wales which, by definition, would not benefit from the Crown Estate’s current substantial capability, capital and systems abilities. It would further fragment the UK energy market by adding an additional entity and, as a consequence, risk damaging international investor confidence in UK renewables and disrupting the National Energy System Operator’s grid connectivity reform, which is taking a whole-systems approach to the planning of generation and network infrastructure. Its reform aims to create a more efficient system and reduce the waiting times for generation projects to connect to the grid.

For clarification, does that plan not include Scotland, which has already been devolved?

I thank the hon. Lady for that question, but we must consider the proposal before us in terms of the situation we face now, rather than consider decisions that have been made in relation to another nation in the past. We are considering not only the challenges but the opportunities for generating renewable energy in connection with assets closer to Wales or closer to England. The Government believe that having a united approach, through retaining the Crown Estate’s current form, is the best way to improve lives for people in Wales and across the rest of the UK.

As I was saying before the hon. Lady intervened, our reforms aim to create a more efficient system and reduce the waiting times for generation projects to connect to the grid. I am sure she would not want to see those waiting times increase. The cumulative impact of the changes that she and the hon. Member for South Cambridgeshire are suggesting in their new clauses would likely significantly delay the pathway to net zero.

Furthermore, the Crown Estate’s marine investments are currently made on a portfolio-wide basis across England and Wales. To devolve to Wales would disrupt the existing investments, since they would need to be restructured to accommodate a Welsh-specific entity. To devolve the Crown Estate at this time would risk jeopardising the existing pipeline of offshore wind development in the Celtic sea planned into the 2030s. The Crown Estate’s offshore wind leasing round 5 is spread across the English and Welsh administrative boundaries in the Celtic sea. It was launched in February last year and is expected to contribute 4.5 GW of total energy capacity, or enough to power 4 million homes.

In addition to energy, the extensive jobs and supply chain requirements of round 5 will also likely deliver significant benefits for Wales and the wider UK. Lumen, an advisory firm to the Crown Estate, has estimated that manufacturing, transporting and assembling the wind farms could potentially create around 5,300 jobs and create a £1.4 billion boost for the UK economy.

Devolution would also delay UK-wide grid connectivity reform. The Crown Estate is using its data and expertise as managers of the seabed to feed into the National Energy System Operator’s new strategic spatial energy plan. For Wales, the Crown Estate is working in partnership with the energy system operator to ensure that its current pipeline of Welsh projects, the biggest of which is the round 5 offshore wind opportunity in the Celtic sea, can benefit from this co-ordinated approach to grid connectivity up front. It would not make commercial sense to introduce a new entity, with control of assets only within Wales, into that complex operating environment, where partnerships have already been formed. Furthermore, the Crown Estate’s assets and interests in Wales, as compared with its assets in England, are of a fundamentally smaller magnitude, which would likely not be commercially viable if the costs were unsupported by the wider Crown Estate portfolio.

The Crown Estate, in its present form, has the ability to take a longer-term approach to its investments and spread the costs of those investments across its entire portfolio. A self-contained, single entity in Wales would not have the same ability, nor would it benefit from the expertise that the Crown Estate has developed over decades in delivering offshore wind at scale. A devolved entity would be starting from scratch, midway through a multimillion-pound commercial tendering process, at a time when the Crown Estate is undertaking critical investment in the UK’s path towards net zero.

For example, the commercial viability of all three 1.5 GW floating offshore wind project development areas in the Celtic sea, which straddle the English and Welsh administrative boundaries, benefited from the Crown Estate’s significant investment of time, expertise and capital to enable entry to market. UK floating offshore wind, which is an emerging offshore technology that the Crown Estate is supporting, would be particularly vulnerable to market disruption.

It is also important to underline that income generated by the whole Crown Estate benefits the people of Wales. As I have noted, the Crown Estate pays its entire net profits into the UK Consolidated Fund each year. That means that much of the revenues already support public services in Wales, either through supporting UK Government spending in reserved areas or through the funding provided under the operation of the Barnett formula and the Welsh Government’s block grant funding.

On that point, does the Minister agree that a lot of the concern and anxiety expressed so far stems from the idea of huge opportunities for revenue generation by the Crown Estate passing through deprived rural coastal communities and going to the Treasury? Will he comment on how a place like Cornwall, which is not subject to the Barnett formula, will benefit from all the resources from something like the Celtic sea?

My hon. Friend is absolutely right that a collective approach to projects such as those in the Celtic sea, which cross English and Welsh administrative boundaries, can increase a return for the UK Consolidated Fund, which benefits people in Cornwall, Wales and other parts of the UK. It ensures that we get the best return on our investment through Crown Estate activities. Our concern about the proposition in the new clauses is that it would undermine such revenue generation for all our public services, as well as disrupting the emerging market in offshore floating wind at a critical time, when what investors need is stability, certainty and confidence to invest in a growing sector, not organisational change that might undermine the investment they seek to make.

To pick up further the point made by my hon. Friend the Member for Camborne and Redruth, were Wales to benefit only from the income generated in Wales, it would likely receive zero or negligible benefits for several decades to come, because Welsh assets are relatively new and it will take them time to mature—in the order of 10 to 15 years. The Crown Estate has shown itself to be a trusted and successful organisation, with a proven track record in effective management and profit generation, which are valuable outcomes that we need to be careful not to undermine.

As I set out earlier, the Government supported the inclusion of clause 6, which will require the appointment of a commissioner responsible for giving advice about Wales. I will not repeat what I have already set out, but it is important to underline that that will help to ensure that the board of commissioners for the Crown Estate continue to work in the best interests of Wales, alongside their existing duties as commissioners. That will certainly strengthen the Crown Estate’s ability and mission to deliver benefits for the whole UK.

I am aware that hon. Members may not agree with the points I have made, but I hope that I have set out clearly why the Government believe the existing structure remains the best approach. I hope hon. Members feel able not to press their new clauses.

I thank the Minister for those comments; I will come back on a few of them.

This debate is about fairness. We are asking for fairness and equity for Wales, and parity with Scotland. It is important to give a bit of history. Our natural resources in Wales have been extracted from our communities yet, as I mentioned earlier, by the end of this decade 34% of children in Wales will live in poverty. If the money we are discussing was spent back in Welsh communities, it would have a dramatic effect.

There was a discussion about the Barnett formula; I could stand here all day and discuss the fairness of the Barnett formula for Wales, including how it does not impact deprivation and the effect on expenditure on public services. We have asked for details about the profits for Wales, but unfortunately they are not calculated. As demonstrated just now by the Minister, we have not had those figures because unfortunately the profits go into one pot and the figures for Wales cannot be shown. I will press the new clause to a vote.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 2, Noes 9.

Question accordingly negatived.