Submission to the Richard Commission

John Griffiths AM

• The advent of devolution in Wales has resulted in definite and substantial improvement in the governance of Wales.

• There is now far greater accessibility, openness and transparency. A wide range of individuals and organisations appreciate and use the far greater opportunities available to them to get their voices heard and shape policy, resulting in better policy.

• The Assembly’s first term saw the achievement of a number of impressive policies substantially improving quality of life for the people of Wales.

• Achievements to date need to be built on and strengthened by a rational and coherent look at how devolution is best taken forward.

• A framework is required as to which areas of responsibility should be devolved to Wales.

• The Assembly requires primary law making powers to enable it to better deliver its policies and to respond to the particular needs of Wales. The process of government would also be improved.

• The number of Assembly Members needs to be increased.

• The present electoral system is problematic in terms of the list system and needs to be changed.

• Tax varying powers need not be dealt with at this stage.

• A strengthening of the Assembly’s system of receiving petitions is desirable.

Primary Law Making Powers

Following the first Assembly elections in 1999 a period of effective Labour minority government consolidated devolution. It bedded down the new processes of governance and made substantial progress in policy formulation, development and implementation.

The subsequent Partnership Government between Labour and the Liberal Democrats allowed greater stability for the delivery of a Partnership Agreement programme of government.

At the end of the first term the Assembly had used its powers to achieve significant and substantial policies to improve life for the people of Wales.

• A Children’s Commissioner;
• free prescriptions for under 25 year olds together with a freezing of general prescription charges;
• a radical restructuring of the National Health Service introducing Local Health Boards as commissioning bodies;
• Assembly Learning Grants for students in further and higher education;
• the abolition of tests for seven year olds and school league tables;
• free school milk for infants;
• free local bus travel for senior citizens and disabled people;
• Assembly Investment Grants for business;
• free entry to the Museums and Galleries of Wales;
• Communities First community regeneration programme;
• and a host of other policies.

A substantial raft of distinctive policies for the distinctive needs of Wales had been established.

This has been possible due to a strong and constructive partnership between the Labour UK government and the Assembly minority Labour Administration and Assembly Labour Led Partnership Government. For example, it was necessary to improvise to add Welsh clauses to Bills to create the Children’s Commissioner and for many aspects of the structural changes to the NHS.

Such a constructive approach between Westminster and Cardiff would be unlikely to survive elections resulting in governments of very different political persuasions at Uk and Wales levels.

Clearly primary law making powers for the Assembly would achieve far greater clarity, simplicity and accountability, with the people of Wales in no doubt that it would be up to the Assembly to take forward legislation concerning devolved matters.

Such powers would also better safeguard the priorities and views of the people of Wales expressed in Assembly elections. A bulwark against a Westminster government of a party very different in principles and objectives to that in power in Wales.

Improved Governance

I believe devolution has resulted in much improved governance in Wales. It has brought government closer to the people allowing the people a stronger voice. Improvements include greater openness, accountability and transparency.

Prior to devolution the three Welsh Office ministers and civil servants were less accessible. Now the Welsh Assembly Government and sixty Assembly Members offer countless more possibilities for input into decision making.

The people of Wales, local government, voluntary organisations, business and trades unions, professional bodies and a host of other organisations come to the Assembly and are visited by Assembly Members in a two way process of communication.

Receptions, seminars and meetings are held in the Assembly.

Plenary sessions and committees are attended. Committees take evidence from a wide variety of organisations in the course of their business. Formal partnership structures exist with local government, the voluntary sector and business. The Assembly’s regional committees meet all over Wales and individual Assembly Members throughout the length and breadth of the country are available to their constituents and carry out a full range of local activities. Cabinet Open mike sessions take place across the land and Cabinet minutes are published.

This wide ranging accessibility and view finding results in far better informed policy making. However, it is very frustrating for all concerned when a broad consensus is achieved as to the way forward in a particular area only for it to become apparent that the desired outcome cannot be achieved without primary legislation. The Assembly is unable to directly act as required. And any desired Westminster Bills are subject to the extensive pressures and constraints of an always crowded Westminster legislative timetable.

The Assembly then becomes discredited in the eyes of some as a body without the powers necessary to make a real difference to the lives of the people of Wales. This feeds into a more general cynicism towards politics and politicians.

The opportunity for Wales to take forward Wales only Bills is greatly restricted. It would seem that in any one parliamentary year Wales might well get one such Bill, two if we are very fortunate and possibly none at all.

For the coming year the Assembly has put forward important Bills on education, transport and tourism accommodation. To create a single ombudsman’s jurisdiction, and to allow prohibition of smoking in designated public places.

All of which are deemed necessary and valuable but only one of which is likely to proceed, by the decision of the UK government. Clearly an unsatisfactory state of affairs which contrasts most unfavourably with a situation where the Assembly would be able to enact all five itself.

Capacity

One of the reasons given for the Assembly not having primary law making powers, unlike the Scottish Parliament, was the different histories of the two countries. Scotland having had far greater control over its own affairs.

Certainly, there are questions of capacity regarding Wales’ ability to exercise primary powers. This includes the Welsh Assembly Government, Assembly Members in general, the civil service, civic society in Wales and a dearth of think-tanks and general capacity to produce ideas, propose policy and devise strategy for Wales’ distinctive needs.

But these issues are being addressed. Into the second Assembly term, Ministers, and many Assembly Members in general, have the experience of the first term behind them. This also applies to the civil service and to Wales in general. Civil service numbers have increased substantially. Ideas are being generated by think-tanks such as the Bevan Foundation and greater activity in academia in Wales.

Furthermore, primary powers will not come about in the very short term. I believe the next UK Labour general election manifesto should include a commitment to primary powers for the Assembly. A Bill should then be introduced during the course of the following Parliament in the event of a further Labour majority.

The annual legislative programme in Wales would not be too burdensome. Wales has a common legal framework with England and it would only be necessary to have specific Welsh Bills where primary legislation was required and Wales had sufficiently distinct needs in the particular area, rather than being different for the sake of being different. In any event, not only the Scottish Parliament but also the Northern Ireland Assembly have primary legislative powers and are able to properly exercise them. No doubt the Welsh Assembly will do the same.

Referendum

I do not believe a referendum on primary powers, would be necessary. A mandate resulting from a UK general election manifesto commitment is perfectly adequate.

Referenda are generally problematic with considerations other than those properly involved often featuring. For example, they are often used by participants as an opportunity to defeat the government of the day rather than deal with the actual issues involved.

A referendum approved the establishment of the Assembly. A further one is not necessary for what amounts to evolution of the body.

Devolved Responsibilities

These are unsatisfactory in terms of rationale and coherence. The Assembly simply inherited the areas of responsibility of the Secretary of State for Wales. Since devolution the Assembly has acquired responsibility in further areas but again without any coherence or overall strategy.

There should be some sort of rational overall framework. It would be better if the Assembly was responsible for all of Wales’s domestic affairs except where a need for a UK wide approach could be established. A new Act could establish this presumption, with reserved UK matters being those specifically mentioned in the legislation.

Prior to a new Act, further devolution could occur where it would be obviously beneficial and could practically be achieved. An example is rail services within Wales and around the borders of Wales which would benefit from clear Assembly responsibility and control.

Tax Varying Powers

In principle it can be strongly argued that Wales should have tax varying powers. To enhance, for example, our ability to finance our strategies through the generation of extra income if necessary. But in practice this issue is probably of little import. Scotland’s experience to date suggests that raising taxes in this way generates such political controversy and has such potentially adverse electoral consequences that it is unlikely to occur.

It would appear to be far more important for Wales to concentrate on maximising its block grant from Westminster, and Westminster and other funding outside the block.

It would also be useful for the Assembly to explore other possible revenue raising measures such as borrowing through the issuing of Assembly bonds.

Electoral Arrangements

It is desirable that the Assembly through the composition of its membership represents a broad spectrum of political opinion and political party support in Wales. The present system was designed to achieve those aims. However, experience to date strongly suggests that the list system for achieving greater proportionality is flawed and problematic.

The system used for elections to the Assembly, and to some extent the Assembly itself, are damaged in the eyes of many members of the electorate due to the operation of the system and the results obtained.

The general public find it very difficult to understand how a candidate standing in an individual constituency and on the list can achieve a very poor result in an individual constituency but still get to the Assembly via the list. Many people see little logic or fairness in such a result.

In 2003 in Clwyd West the Conservative, Plaid Cymru and Liberal Democrat candidates were all defeated by Labour’s Alun Pugh but are all now Assembly Members via the list system.

Though this particular problem could be solved by preventing candidates standing in both individual constituencies and on the list.

Wider problems flow from the creation of two types of Assembly Member – individual constituency representatives and list members.

List members have a far less direct relationship with the electorate they represent. They are likely to have a far lighter constituency workload providing them with the opportunity to "cherry pick" issues across their region. They can concentrate on those issues exciting the greatest media interest to build a profile. And particularly concentrate on such issues in the individual constituency they propose to contest in the next election.

Having two categories of member inevitably results in these and many other problems.

Number of Assembly Members

I believe the Assembly’s first term showed the number of AMs to be insufficient.

Throughout that time the demands on Assembly Members grew, given a greater realisation by individuals and organisations in Wales of the role, powers and responsibilities of the Assembly.

In fact sixty Assembly Members was too few to properly carry out the work of the Assembly’s committees, a very important basic function of the institution. The workload of committees was such that to expect some Assembly Members to sit on two or even three subject committees, in addition to other committees, was unrealistic and not conducive to committee scrutiny and policy development.

All Assembly Members receive an enormous number of invitations to events and requests for meetings in addition to the Assembly’s basic work. Unfortunately it is not possible to accept many of these. A greater number of AMs would result in a greater number of attendances at events and meetings, so further enhancing already big improvements to governance.

Greater numbers would provide an even stronger voice for Wales.

Such a change is likely to become increasingly necessary as the Assembly’s role develops.

Deputy Ministers

Along with other Assembly Members I served as a Deputy Minister in the Assembly’s first term and I continue to serve in that capacity.

My experience leads me to believe that this role needs to be properly and formally set out in terms of function and responsibilities. Providing greater coherence and a common understanding of what is entailed.

The position has involved a substantial workload and commitment but each Deputy Minister has fulfilled his or her duties in substantially different ways. Although some flexibility is valuable there should be greater consistency. Written formal codification is desirable.

Petitions

I believe the Assembly’s system of accepting petitions for recording in the record of proceedings and for a Ministerial reply could be usefully further developed.

The model used in the Scottish Parliament appears to be popular and productive. Their Public Petitions Committee must discuss all petitions submitted. On occasions during the first term petitions resulted in changes in the law.

Submissions may be in writing or electronic. The Committee must not be the complainant’s initial point of complaint. Petitions must be accompanied by evidence of representations made elsewhere, particularly if the subject matter falls within the competency of the Scottish executive. Petitioners must produce evidence that they have sought the views and assistance of locally elected representatives, including councillors and MPs.

Once the petition is submitted, the Public Petitions Committee can consider it, but take no further action. It may forward it to a subject committee, the Presiding Officer, parliamentary bureau, Scottish Parliamentary corporate body or Scottish Executive for consideration. It can recommend to the parliamentary bureau that the petition is debated at a parliamentary session.

The committee may decide to give detailed consideration to an area raised by a petition, and may take evidence and initiate investigation.

Moves towards the Scottish system, or some other system that will involve a strengthening of the petitions system at the Welsh Assembly, is worthy of consideration. It would offer further opportunities to people and organisations within Wales to highlight issues and achieve progress. It would be a further opening up of the system of government in Wales and enhance engagement with the electorate.

* This submission is made as an individual Assembly Member and does not purport to represent the views of any constituent part of the Wales Labour Party.