The ACiW Submission to the Richard Commission
on the Powers of the
National Assembly for Wales

Summary

Public Service Regulation in a Modern Democracy

• The fundamental accountability of public services is electoral. However, Public Service Regulation (PSR) can supplement that accountability. It can provide a valuable incentive for improving performance, as well as providing independent assurance on standards.

• If PSR is part of an overall approach to governance and accountability, this will help to minimise the potential bureaucratic and financial costs. PSR is an integral part of a total system linking policy making to delivery and outcomes for the public.

• If public services are to be consistent with national priorities, informed by local choices and provide better services for users, the various parts of the system must be aligned and work together.

Public Service Regulation in Wales

• The PSR system in Wales is different from that in England. Wales has put more emphasis on self assessment and improvement.

• However, the actual functions of PSR have only just begun to differ in England and Wales. There is a lack of clarity about certain aspects of the legal framework of PSR in Wales.

• Current changes to PSR in Wales afford an opportunity for a joined up approach which could be more effective and progressive that anywhere in the UK. There is likely to be further change in PSR requiring the exercise of primary legislation. If the NAW acquires more powers, then power to legislate for the PSR framework could form part of them.

• The NAW could take advantage of the recommendation of the PSPP Review to establish co-ordination machinery for PSR in Wales as a whole.

• A general extension to the powers of the NAW could enable it to shape the PSR system. It will be necessary to ensure that PSR in Wales will be as robust and challenging as it needs to be. PSR is at its most effective when it is both integral to the system but also respected for its independence.

• The Design for Governance and Excellence which is needed for Wales should include the key principles underpinning PSR. This may be done as part of a further Constitutional Settlement through which greater powers are devolved from Westminster, or as part of constitution building within Wales following such a settlement.

• As PSR in Wales continues to diverge from England, steps should be taken to ensure proper comparison and information sharing. This should include Scotland and Northern Ireland, and in due course extend to the European Union.