| 3. POWERS |
| Contents |
| DOES THE GOVERNMENT OF WALES ACT PROVIDE TIDE ASSEMBLY
WITH THE POWERS IT NEEDS TO OPERATE EFFICIENTLY? |
| ANSWER - No. |
| BECAUSE - It only possesses powers for Secondary
Legislation, not Primary Legislation. It can only
provide, as presently constituted, Executive Powers based
on. Westminster decisions involving Primary Legislation. |
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The Assembly cannot, for instance,
carry out Primary Legislation for structural and policy
initiatives in such important areas to Wales as:-
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Education, Health, Agriculture, Local Government.
Europe, Broadcasting Transport and the Police Force.
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In addition., there are some functions
in Finance and Taxation where it would be desirable
for Wales to have some Primary Legislative powers.
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Compare this with the reality - that
Wales can only get ONE Primary Legislative Bill. through.
the Westminster. Parliament PER YEAR. Witness the Children's
Commissioner. Bill, the NHS Wales Bill., clauses in
Education and Local. Government Bills on an England
and Wales basis. There bave only been two Bills, specific
to Wales, over the past four years.
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In the fields of Transport and
the Environment. Wales has also been denied representation
on the Strategic Rail Authority and a separate Environment
Agency for Wales. Both bodies are crucial to the creation
of a sustainable Wales.
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Another area of concern is Animal Health.
where during the 2001 outbreak of Foot and Mouth. Disease,
it became obvious that insufficient powers were devolved
to Wales to deal effectively with the crisis.
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The National Assembly needs Primary
Legislative powers, in order to govern more effectively
in the interests of the people of Wales Tax varying
Powers.
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Clearly, a negotiated settlement, contained
within a new Wales Bill, allowing tax varying powers
could, in certain circumstances, provide additional
capital for investment into vital areas of the Welsh
economy, e.g, Business birth, projects specific to better-quality
anal increased employment, and for infrastructure. On
the other hand, lower taxation could attract significant
investment into Wales.
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The issues of taxation and the legitimacy
of. the right to democratic representation are related.
This concept is best encapsulated in the American. phrase,
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| "No taxation without representation." |
| Structure and working arrangements of the National Assembly. |
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The issues laid out in the Richard.
Commission's document rightly cover:- Policies, scrutiny
and accountability. On the issue of power, it emphasises
the translation of. policies into laws as being crucial.
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The introduction. of Primary Legislative
powers into the Assembly would address the democratic
deficit. The lack of Primary Legislative powers limits
sufficient constructive legislation within workable
time frames. If. they were to he instituted, the workload
of Assembly Members would be greater. This would lead
to an increase in the numbers of Assembly Members by
at least 10 at first, and probably a further 10 Members
later. lnevitably, that would give rise to the Assembly
being reconstituted on the Parliamentary model. A new
legislative committee system would best be constructed
based on the New Zealand Parliamentary Committee
system. Such a system would combine the Standing
and Select Committee functions in one committee, to
streamline and secure the passage of legislation through
the Parliament.
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