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Rt Hon Lord Richard of Ammanford QC
Chair, The Richard Commission
Room 1/11
Cathays Park
CP1
Cardiff
CF10 3NQ

Bae Caerdydd / Cardiff Bay
Caerdydd / Cardiff
CF99 1NA

31 January 2003

Dear Lord Richard
Written submission of the Agriculture & Rural Development Committee
I enclose a written submission to the Commission from the Agriculture & Rural Development Committee of the National Assembly. The submission was approved at the Committee’s meeting on 29 January and supplements that already provided by the Chair, Glyn Davies AM.
Yours sincerely
Adrian Crompton
Committee Clerk
Agriculture and Rural Development Committee

Richard Commission

Submission by the Agriculture & Rural Development Committee

National Assembly for Wales

Introduction
1. The following submission is made on behalf of the Agriculture and Rural Development Committee. The Commission has already received a submission from the Chair of the Committee, Glyn Davies AM, describing the Committee’s mode of operation and role in scrutinising the Minister, his policies and Assembly subordinate legislation.
2. The main issues covered by this submission relate to the extent of the powers available to the Assembly within the Agriculture and Rural Development portfolio and a more general issue related to the position of the Minister as a member of a subject committee.
Maximising the National Assembly’s powers in relation to agriculture and rural development
3. To a large extent, policy on agriculture and fisheries is driven by European Union policy, law and finance. The Common Agricultural Policy and the Common Fisheries Policy apply through Community legislation that has direct effect across all Member States and so there is often little scope for a Member State, or part of a Member State, to act independently. The potential to develop distinctive agricultural policy through legislation is, therefore, limited. Nonetheless, the Committee believes that the Assembly’s powers in this portfolio should still be maximised.
4. The handling of the foot and mouth outbreak in 2001 is, perhaps, the best single example of how greater legislative powers would be of benefit. The nature of the modern livestock industry means that steps taken to control a disease such as Foot and Mouth must be coherent at a UK level. Nonetheless, the outbreak demonstrated the need for government actions to reflect regional and local circumstances. The distinctive topography of Wales, the structure and patterns of its agricultural industry, and the existence of the National Assembly meant that, in several key areas, policy could have been tailored, and decisions taken more quickly, had the National Assembly had greater legislative responsibility. Devolution of animal health powers would also have aided public understanding of governmental accountability in Wales and provided a clearer and more efficient decision-making structure.
5. In addition to powers in respect of animal health, there are other areas where greater legislative powers would allow distinctive Welsh policy to be developed. The written submission of the Deputy First Minister and Minister for Rural Development and Wales Abroad, for example, identifies potential advantages in developing policy for fisheries, plant health and bio-technology and the promotion of rural development through voluntary bodies. The Assembly as a whole has made clear its wish for powers to decide on the question of hunting in Wales1.
Communication between the Assembly and other government departments
6. The Committee is not privy to the details of working relationships between Ministers and officials in the Assembly and those in other government departments. Nonetheless, a recent example, related to the production by the Department of Environment, Food and Rural Affairs (DEFRA) of a report on genetically modified crops2, highlighted the need for better communication. We understand that neither the Assembly Minister nor his officials, had been aware of DEFRA’s intention to publish the report despite the fact that the issue was known to be of considerable interest to the Assembly at the time. We hope that the Commission is able to consider the issue of communication between the Assembly and other government departments and make recommendations for its improvement.
Assembly Ministers as members of subject committees
7. The other issue the Committee wishes to draw to the Commission’s attention relates to the requirement of the Government of Wales Act3 that Ministers are members of subject committees.
8. The requirement written into the Act was a logical extension of the concept of the Assembly as a single corporate body. Since 1999, a majority governing coalition has been created and the Assembly has passed its resolution of 14 February 2002 for there to be ‘the clearest possible separation between the Government and the Assembly which is achievable under current legislation’. Although the Committee does not have an agreed view on the relative merits of the position of Ministers on subject committees in this environment, it feels that this is something the Richard Commission might usefully consider.
Conclusion
9. We hope that this submission is helpful to the Commission.

1   Plenary resolution of 27 June 2000 calling on the Welsh Assembly Government ‘to request Her Majesty’s Government at Westminster to allow the National Assembly for Wales to decide on the question of hunting with dogs in Wales by framing any Bill to provide for secondary legislative purposes to this end’
2  DEFRA: Final report on monitoring studies of field scale release of GM oilseed rape in England from 1994-2000
3 Section 57(4)