Adran yr Ysgrifennydd a Chyfreithiwr
Secretary and Solicitor's Department
Ysgrifennydd a Chyfreithiwr/Secretary and Solicitor
Alwyn Ellis Roberts
Gofynnwch am/Ask for: Mrs Dilys A Phillips
(01286) 679015
Ein Cyf/Our Ref: POL/4/29
Eich Cyf/Your Ref:
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25 March 2003
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Secretary to the Commission,
Richard Commission,
Caradog House,
1 - 6 St. Andrew's Place,
Cardiff
CF 10 3BE |
|
| Dear Sir/Madam, |
Consultation on the Powers of the National Assembly
for Wales
|
| I write in response to the Commission's invitation
to submit comments and evidence to be considered as part
of its terms of reference on the powers of the National
Assembly for Wales. These comments represent the position
of Gwynedd Council. |
| The establishment of the Assembly is welcomed
as a positive step forward towards creating a more democratic
process in Wales. Experience so far points generally towards
a better relationship and a more open dialogue between
local government in Wales and the Assembly than exists
between English authorities and Government Departments
in London and this is seen as a development which is in
the best interests of the people of Wales. Despite this,
it is possible to improve and strengthen the present arrangements
significantly, especially the Assembly's powers and its
structure. |
| Sufficiency of the powers |
| The Assembly's ability to serve the people
of Wales is hampered by confusion surrounding its powers
and the limitations upon them. Confusion arises in several
areas. For example there was considerable uncertainty
about the Assembly's powers to act during the foot and
mouth crisis where there was dual responsibility between
the Assembly on the one hand and DEFRA on the other. The
co-operation between the two was not as complete as it
might have been. In the same way uncertainty about the
Assembly's powers in areas such as the Wales Policy Guidance
leads to a situation where all that is produced is a reproduction
of the English guidance, a situation of inaction to all
intents and purposes. The Council is of the view that
this kind of confusion should be eliminated and there
should be a clear division of responsibilities between
the Assembly and Whitehall. - |
| 'The limitation on the Assembly's powers means
that it must exercise its functions within a policy framework
that it is unable to change; this often represents a substantial
impediment to its ability to operate. An example of this
is the planning for integrated transport. At present the
Strategic Rail Authority (SRA) is not answerable to the
Assembly and the Assembly has no direct responsibility
for the budget of the SRA. Whilst the Assembly is therefore
responsible for implementing an integrated transport system
it has no responsibility or control over one of the main
participants. In order to achieve the aim of a truly integrated
transport system this impediment must be removed and an
integrated funding arrangement introduced for transport
in Wales. |
| The same problem is repeated in relation to
funding sources where matters such as the fuel duty rebate
are controlled by the Central Government rather than the
Assembly. |
| Another example of the constraints on the
Assembly's ability to act is in the housing arena where
responsibilities for housing have been devolved to the
Assembly but without the ability to change policy, for
example the right to buy. The policy of selling Council
houses, enshrined in primary legislation, is having a
substantial effect on the provision of social housing
in some communities in Wales. In such cases the Assembly
is unable to act without the active co-operation of Parliament
and is confined to introducing minor changes which do
not address the underlying problem. |
| There are examples of success by the Assembly
in departing from the policies of Westminster in a Welsh
context. Examples are the abolition of the first SATS,
the decision not to pursue the specialist schools agenda
and the changes to the operation of best value. But, on
the whole, these examples are few and far between and
are not radical in their effect on the development of
governance in Wales. The Council's view therefore is that
the powers of the Assembly should be extended through
the acquisition of primary law making and tax raising
powers. |
| Additionally the Council believes that the
responsibility for administering and financing Police
Authorities in Wales should be transferred from the Home
Office to the Assembly, thus creating a more unified approach
to all aspects of local governance. |
| Structure and Working Arrangements |
| At present it is not believed that the arrangements
operate satisfactorily. I refer above to examples of the
confusion between the Assembly and departments of Central
Government. It is believed that only one piece of legislation
specific to Wales was passed by Parliament in the last
session, suggesting that the Assembly's ability to influence
the Government to devote time to Welsh policies is not
effective and powerful. Giving the Assembly legislation
making powers would overcome this difficulty. |
| The Council advocates changes to the constitution
to allow for a clear separation of powers between the
parliamentary function on the one hand and the executive
on the other. |
| The Council's view is that in extending the
powers of the Assembly the number of its members should
also be increased. It would then be possible to consider
and assess local authority functions in light of the need
for them to have greater financial control. If legislative
and policy making powers were acquired by the Assembly
local powers and action could be devolved to local authorities,
within clearly defined areas, thus ensuring the survival
of local government in Wales. |
| In essence, Gwynedd Council believes that
this question should not only look at the matter as strengthening
an inadequate situation, but rather as an opportunity
to create a Parliament with full legislative and taxation
powers, that will create a new system and method for governing
our country. |
| Yours faithfully, |
|
Dilys A Phillips
Legal Services Manager |
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