COMMISSION ON THE POWERS AND ELECTORAL ARRANGEMENTS OF THE
NATIONAL ASSEMBLY FOR WALES

The response of a CYTÛN (Churches Together in Wales) Working Group facilitated by CYTÛN’s National Assembly Liaison Officer

1. Introduction

This report is presented by the CYTÛN Churches’ National Assembly Centre The Centre serves CYTÛN (Churches Together in Wales), on behalf of namely : The Congregational Federation, The Salvation Army, The Religious Society of Friends, The Covenanted Baptist Churches, The Methodist Church, The United Reformed Church, The Union of Welsh Independents, The Baptist Union of Wales, The Presbyterian Church of Wales, The Roman Catholic Church and The Church in Wales.

The working group consisted of: Chris Gillham (The Congregational Federation), Alan Sage (The Salvation Army), Catherine James (The Religious Society of Friends), Geoff Griffiths (The United Reformed Church), Gareth Morgan Jones (The Union of Welsh Independents), Illtyd Lloyd (The Baptist Union of Wales), Roger Ellis Humphreys (The Presbyterian Church of Wales), Jim Barnaville (The Roman Catholic Church), and Robin Morrison (The Church in Wales) and Aled Edwards (CYTÛN’s National Assembly Liaison Officer).

Based upon the Catholic Bishops’ document The Common Good, and other church sources, the group brings to this consideration two rich strands within Christian doctrine as it relates to social order, namely subsidiarity and solidarity. The Churches’ understanding of subsidiarity supports a dispersal of authority as close to the grassroots as good government allows. Consequently it prefers local over central decision- making. Subsidiarity also implies the existence of a range of institutions below the level of the state. Again, in the context of constitutional reforms, we would draw attention to the importance of retaining the connection between subsidiarity and solidarity as two fundamental and inseparable principles of Christian social teaching. It is understood that because of the principle of solidarity, subsidiarity should never be made an excuse for self interest to be promoted at the expense of the common good or to the detriment of the poorest and most vulnerable sections of community. We therefore believe it is essential that the WAG continues to act flexibly and creatively at all levels of its influence whatever the nature of future constitutional reform.

Some CYTÛN churches have called for an Assembly with primary legislative powers. In 1989 the General Assembly of the Presbyterian Church of Wales called for an elected Assembly with legislative and budgetary powers.

2. The Questions

Are the powers of the National Assembly sufficient to meet the needs of Wales?

Does the Government of Wales Act provide the Assembly with the powers it needs to operate effectively and meet the expectations of the people of Wales?

Some Churches have expressed the opinion that the powers of the National Assembly should be increased, particularly with regard to social policy. The Group highlighted the inability of the National Assembly to act according to its own wishes during the foot and mouth crisis as an example of its lack of constitutional powers to meet the expectations of the people of Wales. The issues of licensing laws, fox hunting and major planning decisions were also cited as examples.

The Group discussed the role of the National Assembly within its present powers and felt that opportunities for influencing change had not yet been fully utilized. We would look therefore, at this point in time, for greater political leadership within the current constitutional framework.

The willingness of the National Assembly to answer the specific needs of Wales, particularly in the fields of health and education, is to be commended, as it moves the process of decision making closer to the people of Wales. Such action enhances the process of democracy.

Whether, and if so how, the powers should be extended, strengthened or changed and whether they should include tax varying powers.

The Group saw a value in developing whole subject powers for the National Assembly rather than the continuation of the current settlement that seems to grant the Assembly bits of powers over bits of things. This, we feel, could be granted under the current constitutional mandate and the provision of broader Framework Legislation for Wales. We would see, in the long term, the logic of the Assembly being granted tax- varying powers.

The Assembly’s democratic process has identified large gaps in the funding of Wales, for example European Structural funds, where it is believed that Wales may have lost in the region of £250 m over five years. Moreover, it is equally apparent that further work needs to be done in terms of disseminating UK funding more equitably. When a scheme is announced in London, Wales still may not get its fair share of the funding.

Structure and Working Arrangements of the National Assembly

If the Assembly were to acquire greater law making powers – is it inevitable that it would need to be reconstituted on the Parliamentary model?

If so what organisational changes would be needed to support this model and what would be the gains and losses from making this change?

The Group sees the advantage particularly in the realm of policy formation of the National Assembly functioning as a body corporate through its committee structure. It is important however that the Assembly should retain a strong scrutiny role. We are averse to the existence and further development of adversarial political process.

The separation of functions within the National Assembly between the Presiding Officer’s Office and the Welsh Assembly Government as an expression of the executive is to be welcomed. However, concern has to be expressed about the title Welsh Assembly Government. The title to all intents and purposes Welsh Parliament Government does not seem to assist clarity.

The Relationship between the Assembly in Cardiff and the Parliament at Westminster

How effective has the Assembly been in influencing UK Government policy making in relation to Wales – what are the practical examples which illustrate the strengths and weaknesses of the process?

The Group noted that the Assembly, within the boundaries of its current powers, had been effective in:
  • conveying the conviction of the voluntary sector to the Home Office that the fee for the Criminal Records Bureau checks should be free of charge for voluntary groups (February 2001).
  • gaining the early removal of asylum detainees from Cardiff Prison (November 2001).
  • securing an amendment to the Care Standards Bill establishing an Independent Children’s Commissioner for Wales. It was reported in October 2002, in a survey undertaken by UNICEF, that more than 90% of children in England want a commissioner to fight for their rights. Scotland and Northern Ireland are actively considering making similar appointment (UNICEF (2002) The State of the World’s Children 2003).
  • successfully pressing the case for Wales’ most deprived areas, over and above the population based Barnett formula, to receive a European Grants transfer of £421 million from the UK Treasury towards drawing down Objective One money worth some £1.2 billion. By admitting the principle of additionality to Wales, the Treasury conceded for the first time that there should be a ‘needs based’ augmentation to the Barnett Block (Hansard 18 July 2000). It was announced in August 2002 that 600 projects in West Wales and the Valleys had been given the green light and were sharing over £345 million in European grant aid.
  • Defending the Welsh sheep sector by identifying the need for DNA testing of samples used on failed research on BSE in sheep. The DNA tests subsequently showed that the research by DEFRA had in fact been conducted on cow brain, rather than sheep brain material. In contrast, during the early years of the BSE crisis, Whitehall ignored Welsh Office advice concerning the Department of Health’s reassurances over food safety (Press Release 30 November 2001).
  • successfully lobbying Westminster to ensure that threshold assessors in Wales are employed by Local Education Authorities. In England private companies are used to assess teachers for performance related pay. In Wales, the money is given to LEAs thus keeping any profit within the education sector (Cf. The Pre 16 Education, Schools And Early Learning Committee Report To The Assembly for a précis of the teachers pay issue – June 2000).
  • Helped gain the first ever major defence procurement contract for Wales bidding to supply a replacement battlefield radio communications system for the British Army at Oakdale Business Park near Blackwood (Press Release 8 November 2002).
  • Encouraging plans to reform the British Tourism Authority to strengthen the marketing of Britain and Wales overseas and to make the BTA much more accountable to the Assembly (Press Release 31 October 2002).
  • Successfully arguing the case that UK beef producers should be exempted substantially from EU-wide cut-backs in beef production, agreed at the Agriculture Council in June 2001.

However, we noted that in the case of the Criminal Records Bureau’s unwillingness to produce a full range of Welsh language forms had led to intense concern and frustration for churches and voluntary groups throughout Wales. The Assembly does not have the powers to compel a body such as the Criminal Records Bureau, as an Executive Agency of the Home Office, to abide by the equality principle set out in the Welsh Language Act. This is a serious weakness. The Group noted that it eventually took the passing of a Statutory Instrument at Westminster to allow the Criminal Records Bureau to produce a full range of Welsh language Disclosure forms.
What are the advantages and disadvantages in principle of having a law making process which is shared between Cardiff and Westminster and what are the respective contribution of AMs, MPs and Peers?

The Group noted particular difficulties in terms of identifying whether issues are decided by the Assembly or by Westminster. It would help, for example, if every Act of Parliament passed by Westminster had a set and numbered ‘Wales Clause’ indicating how the Act affects Wales and the Assembly. It has been very difficult, for example to disseminate who has responsibility for an array of issues covered by the UK Churches Main Committee.

The Group also noted that the effectiveness of the current settlement relied heavily on how Whitehall departments approached the Assembly. Over a number of issues, such as the monies to deal with Wales’ drug problem, the Home Office had been less than co-operative. Other departments covering education and health had adopted a more creative and positive approach to the Assembly. It was noted that the concordat with the Home Office for example expects the development of a good working relationship between partners.

What would be gained or lost if powers to make fundamental policy changes through primary legislation were passed from Westminster to Cardiff?

The Group discerned that if the Assembly were granted a greater capacity to make fundamental policy changes it would gain a greater coherence in terms of its activity. It was also felt that a creative approach should to be applied between the Assembly and other legislatures within the UK and Europe. There needs to be a capacity for the exchange of information and the consideration of good practice. The Group would commend for example the work of the Council of the Isles.

How would Welsh interests be affected if the role of Welsh MPs were to be reduced as a consequence of the acquisition of primary law making powers by the National Assembly?

The Group would see the benefit of retaining a capacity to contribute to and scrutinize policy development on an UK level. MPs should have an important role in collating information concerning the activities of all the UK’s legislatures and considering best practice. Welsh MPs still have a primary legislative role.

The Role of the UK Government and the Secretary of State for Wales

How would Welsh interests be affected if the Secretary of State’s role was reduced as a consequence of the acquisition of primary law making powers by the Assembly?

We note the continuing importance of the Secretary of State’s role within the UK cabinet both in fiscal and foreign policy ranging from a consideration of the various aspects of the Barnet block to European Structural Funds.

Relations between the Assembly and Whitehall

What would be gained or lost if there was a clearer separation between England and Wales in policy development and implementation?

We again note that the effectiveness of the current constitutional settlement depends largely on the cultural approach of various Whitehall departments towards the Assembly. A clearer separation of functions might assist some Whitehall departments and the Assembly in terms of policy formation and delivery.

The Financial Context

How should we evaluate the costs and benefits of moving to a different form of devolution in Wales?

The Group would look to a prudent financial approach to the further separation of functions between the Assembly and Whitehall. We do not want a different form of devolution, but wish to evaluate the effect of devolution in terms of its benefit or otherwise in reducing inequalities in communities across Wales. Increased powers lead to an increased financial commitment, but there would be increased benefit in local areas to make them living rather than dying communities with their own sustained economies.

What are the benefits which should be included in this evaluation – and what values should be attached to them?

The National Occupational Standards for Community Development Work provide a succinct framework of values which we as Churches can subscribe to:

Social justice: working towards a fairer society which respects civil and human rights and challenges oppression.

Self determination: individuals and groups have the right to identify shared issues and concerns as the starting point for collective action

Working and Learning Together: valuing and using the skills, knowledge, experience and diversity within communities to bring about desired changes collectively.

Sustainable communities: empowering communities to develop their independence and autonomy whilst making and maintaining links to the wider society.

Participation: everyone has the right to fully participate in the decision- making processes that affect their lives.

Reflective practice: effective community development is informed and enhanced through reflection on action.

Funding Streams

Is this an issue for you or your organisation – if so what have been the practical problems and how might they be resolved?

We are not certain if this is part of the Richard Commission remit, but some of our churches manage local community projects and programmes. There is evidence of considerable concern in the processes for accessing funding. Some of these concerns might be resolved if the amount of bureaucracy was drastically reduced at the centre, if more trust could be shown to local partnerships and groups and if those partnerships and groups could respond more creatively and flexibly to local initiatives.

Through discussions in the Voluntary Sector Partnership Council, faith communities are acquiring far greater information as regards to the flow of funding. The strategic financial review undertaken with Assembly officials has been of particular value. We are also awaiting the results of research undertaken by the Wales Funders Forum.

It has been a particular cause of concern since the advent of devolution the extent to which Wales has received money from UK policy initiatives. It has not always been easy to discern whether some initiatives have in practice been regarded as England only.

Miss Eurwen Richards, Llywydd
Revd Gethin Abraham-Williams, General Secretary
Further details from the Rev Aled Edwards, CYTÛN, The Churches National Assembly Centre,
The Temple of Peace, Cathays Park, Cardiff CF10 3AP
029 2025 5506 E-mail: churches@nationalassembly.freeserve.co.uk