The Richard Commission:
The Powers of the National Assembly for Wales.
Issues and questions for consultation

SUBMISSION BY THE NATIONAL UNION
OF STUDENTS IN WALES

Introduction

The Assembly needs an assurance that its budgeting process (across sectors) is sustainable and not dependent on external commitments and constraints (Westminster).

All Whitehall policy making that would have an impact on Wales should be subject to thorough consultation with the Assembly to ensure maximum consideration for the Welsh perspective, as well as democracy.

The size of the Assembly is adequate, and the relatively small nature of its size makes Assembly Members comparatively more accessible than Members of Parliament. This is very positive from the point of view of our organisation and has meant that we have been able to work closely with numerous Assembly Members and Ministers on matters of great importance to students. Its size also makes communication between ourselves and the Assembly more straightforward which contributes to increasing efficiency.

The means of electing the Assembly is a fair and thoroughly democratic process that adequately represents all significant interests in Wales. Democracy is at the core of our principles as an organisation and is therefore of great significance.

The current top-up fee negotiations (whether Wales can exempt Welsh HEIs from charging top-up fees in the light of the DFES White Paper) impinge upon our members in a pivotal and vital way. Powers have not been devolved in the following areas:

1) Student finance

2) Tax-raising powers.

This means that FE students that comprise of two thirds of our membership may reconsider university applications, or indeed continuing into HE at all.

The Assembly's limited secondary legislation powers can make our work much more difficult in some situations. Despite having AMs' support where certain issues are concerned, only minor changes can be made. This has become apparent in our lobbies of the Assembly regarding student finance. It also makes the whole process of pressing for change more bureaucratic and drawn out because there are two barriers for us as lobbyists to overcome (i.e. the Assembly as a first port of call and Westminster further down the line). Although this separation between the Assembly and the UK government can bring about positive changes in Wales, specifically the introduction of the Assembly Learning Grants last year, it would be hugely positive and advantageous for NUS Wales if the Assembly were given primary legislation powers. This would avoid problems caused by issues such as the slow payment of ALGs to students in Wales, and the consideration of the grants by the DfWP as income which consequently affected many students' benefits. These factors contributed to student hardship and although they were eventually resolved, the time taken to address these issues was unacceptable.

Ultimately these powers need to be devolved to Wales in the interest of our members as soon as possible.

Due to its limited-powers in certain areas the Assembly could be seen as a layer of bureaucracy to administer Westminster's decision-making. This is not a fully democratic process and can leave people feeling frustrated when important issues that do not fall within the Assembly's powers cannot be addressed. Ultimately this can adversely affect everyday life for groups of people in Wales. This frustration is apparent amongst our membership because the in-roads we make as a result of our campaigning work can only reach so far in areas where major changes are desperately needed, e.g. student finance in this time of extreme student debt. Hopefully the current negotiations concerning the devolvement of powers over HE funding will be successful and lead to this situation being alleviated.

If the Assembly were to acquire greater law making powers it is not inevitable that it would need to be reconstituted on the Parliamentary model, but if primary legislation powers are devolved and contradict the Governance of Wales Act then a Parliamentary model would be a necessity. If this were to occur, the needs (i.e. the devolved powers) should dictate the structure rather than the other way around to ensure the new system was specifically suited to Wales.

However transparency and accessibility should be maintained at a high standard. From our organisation's point of view this standard should actually be raised to avoid situations of uncertainty, e.g. the lack of information received to date concerning the negotiations underway between the Assembly and the UK Government on devolving student finance. The confrontational way in which the Parliamentary model works is inevitable. We are looking for the control of public funding for public services in Wales to be taken on by the Welsh Assembly Government, thus leading to a greater level of political debate. Confrontation to an extent would come hand in hand with this more intense debating. Increased transparency and accessibility would obviously be positive gains but may lead to a need for increased staffing and space.

There are strengths and weaknesses to be considered when looking at this relationship. Maintaining the Welsh Office led to negotiations between Peter Hain and Charles Clarke in the interest of Welsh HE, and the extra layer of discussion could be seen as a way of increasing thoroughness of debate. The flip side to this is the huge amount of bureaucracy and delayed decision-making on issues that are of great importance, e.g. top-up fees and devolving powers over HE funding to Wales. Lack of communication between Westminster and Cardiff can also sometimes create confusion. This was especially apparent following the introduction of the Assembly Learning Grant, and the Department for Work and Pensions' consideration of the grant as income.

It is therefore essential that communication is kept at a maximum to prevent these sort of situations from arising in the future. Passing primary legislation powers to Cardiff would eradicate this issue, and increased efficiency and communication could be easily achieved within the relatively small confines of the Assembly. This increased simplicity would speed up decision-making processes, decrease bureaucracy and bring about positive and badly needed reforms more quickly.

The acquisition of primary law making powers by the Assembly could mean that Welsh MPs are seen as another level of bureaucracy. Realistically, the status quo should be maintained with Wales having a greater UK contribution in Westminster.

There should be no reduction in the role of the Secretary of State for Wales. His role within the UK Cabinet is of great importance and this should continue in order to ensure that Wales' interests are sufficiently represented within Westminster. The fact that he has a place within the Cabinet gives Wales a powerful voice and ensures Welsh concerns are efficiently communicated.

If there were a clearer separation between England and Wales in policy development and implementation, NUS UK's work would be affected to some extent Wales as a region would have to concentrate increasingly on campaigns that would be relevant only to Wales as opposed to issues that relate to both Wales and England.

Clearer separation could also decrease confusion by simplifying processes of bureaucracy and communication thereby increasing efficiency and cutting down on delays.

Natural self-determination is another factor that should be taken into account. A third of Welsh children are born into poverty. The vision of 50% HE participation will not be met while equality of opportunity is denied from the cradle. Wales should consider its own policies based upon Welsh knowledge of the country's history, culture and geography.

Evaluation of the costs and benefits of moving to a different form of devolution in Wales should be based upon need by bearing in mind the current socio-economic condition of the population of Wales and the hardship levels of its students. The benefit of having less bureaucracy and direct primary legislation powers for the Assembly to make the changes that are needed could be huge although the true extent of this benefit could only be judged later on. For example, primary legislation powers over HE in Wales would allow the Assembly to implement more of the 54 Rees Report recommendations, but the will to do so has to be there in the first place.

The main benefit and value that should be considered as part of this evaluation is self-determination in a UK context. This encompasses social inclusion, equality of opportunity, a target of 50% participation in HE in Wales, and the eradication of poverty in Wales. Giving the Assembly enough powers to give increased consideration to all these values and aims would improve the life of a twelfth of the population (i.e. students) immensely. Other benefits and values to be given consideration are the smooth re-configuration of Welsh HE in light of the 'Reaching Higher' and the 'Learning Country' and proposals for increased collaboration and possible mergers. This smooth re-configuration should be completed without job losses and without putting students under increased pressure in terms of finance and welfare.

Funding stream uncertainty is actually an issue for N US Wales at the moment Devolving powers in relation to HE funding to the Assembly, would .mean that bigger and more significant steps could be taken to decrease student hardship, and reach towards the aim of making Wales a truly learning country by encouraging lifelong learning and reducing the deterrent of debt.