Richard Commission - written responses to the Commission's consultation document

Our Refl/EinCyf     Greg Ashurst

Your Refl/Eicb Cyf   JG  

Direct DiallRbif Union  (01633) 244491
FaxlFfacs (01633) 232123
DX (01633) 244721,..
E-dfalllE-Bost 33238 Newport (South Wales)(1)

Civic Centre/Canolfan Ddinesig
Newport/Casnewydd
South Wales/De Cymru
NP20 4UR

Secretary to the Commission
Richard Commission
Caradog House
1-6 St Andrews Place
Cardiff  CF10 3BE

19 February 2003

Dear Sir
THE POWERS OF THE NATIONAL ASSEMBLY FOR WALES
The Commission's Consultation Paper was considered at a meeting of the Cabinet on 13 February 2003 and I have been asked to write to set out the Cabinet's views.
The devolution settlement has created a Wales level of Government which has placed a considerable weight on the service delivery of powers of Welsh Councils and has been responsive to finding Welsh solutions to key issues affecting Local Government. The Local Government Partnership Scheme which the Assembly adopted in July 2000 sets out the Assembly proposals to sustain and promote Local Government in Wales in the exercise of its functions.
The Partnership Scheme recognised that a vibrant local democracy in Local Government was fundamental to the Government of Wales and welcomed the Partnership's approach to developing and implementing the modernisation agenda for Local Government. In consequence, the tension which exists in England between Local Government and Central Government have largely been avoided in Wales. Indeed, the determination of the Welsh Assembly Government not to implement some of the more controversial aspects of Westminster legislation such as comprehensive performance assessments has had a positive effect on Local Government and public services to the extent that there has been discussion about the Welsh way to public service reform. Undeniably, relations between the Welsh Assembly Government and Local Government are much closer as a result than the relationships in Wales.
The Commission is seeking views on the extent to which if any, the Assembly's power should be enhanced, strengthened or changed and whether they should include tax varying powers. The Cabinet's view is that the Welsh Assembly Government has not been established long enough to be tried and tested before it assumes new powers and the addition of primary legislation making powers cannot therefore at the present time be demonstrated to be necessary. Nevertheless, events of the recent past have demonstrated that the retention by the Home Office of functions in Wales is anomalous and the Cabinet consider therefore that any review or reclarification of the Welsh Assembly Governments powers by the Richard Commission should include a _ reclarification of the impact of the Home Office functions in Wales.
If however, the Commission conclude that a wider review of the Welsh Assembly Governments powers is needed, the Cabinet are of the opinion that this should only be pursued if it is the wish of the local electorate expressed through a further referendum.
Role of AMs
The advent of the Welsh Assembly Government has not been accompanied by any clarification of the respective roles of MPs, Councillors and AMs at local level. The Cabinet are of the opinion therefore, that relationships in relation to local service delivery and the way that policies work at the local level need to be clarified on the basis that overlapping representational roles are not acceptable and are not sustainable in the public interest.
Electoral Reform
Whilst the Commission are not consulting on this aspect of the terms of reference at the moment, the Cabinet have previously expressed the need for a wholesale review of representation in Wales in response to the report of the Electoral Reform Commission. The Cabinet consider therefore that this would be a timely opportunity for the Richard Commission to carryout the wholesale review of representation which the Cabinet have called for, in the light of the current research into the role of Town and Community Councils which is being undertaken on behalf of the Welsh Assembly Government and the report of the Commission into the Local Government electoral arrangements in Wales.

         Yours faithfully

J Ashurst
                           Head of Law and Standards