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WRITTEN RESPONSES TO RICHARD COMMISSION CONSULTATION

 

Letter received from Lord Livsey of Talgarth
dated 25 July 2003

New joint responsibilities of the Secretary of State for Wales, and the creation of the Department of Constitutional Affairs.

Clearly, the recent developments listed above as part of a new UK constitutional reform package impact considerably on the National Assembly for Wales. These reforms have taken place since I gave evidence to the Richard Commission in May. If I may, I would like to comment briefly on these developments as an addendum to my evidence.
The post of Secretary of State for Wales must be retained as long as the National Assembly for Wales does not possess primary legislative powers.
If, hopefully, the Commission recommends to the Government that the National Assembly be given the power of primary legislation, and the Government acts upon that recommendation, then the position of the Secretary of State for Wales could be reviewed.
The current combination of a Secretary of State for Wales, who is also Leader of the House of Commons, substantially detracts from the position of Secretary of State. He has more than enough to do negotiating the block grant for Wales, bringing forward primary legislative Bills for Wales, and inserting sections on Wales into other Government Bills. This is to say nothing of ensuring that Welsh legislation appears in the Queen's Speech, and many other responsibilities. I know from my own experience that the Leader of the House of Commons is a full-time job in its own right.
The position of Secretary of State for Wales must be a stand-alone responsibility represented in the cabinet. This should continue to be the case for as long as the first Wales Act remains in its current form.
The creation of a Department of Constitutional Affairs is, in my view, a logical development. My main reservation about it, is the clumsy way in which it was introduced, with insufficient consultation.
The power of the Secretary of State for this Department has yet to be tested as far as Wales is concerned. This is a strong reason why a stand-alone Secretary of State for Wales, with his or her own Department, should remain as a powerful advocate for Wales inside Government, and also in the Cabinet.
Finally, if the Richard Commission recommends, and it is enacted that Wales gains primary legislative powers,  then obviously, there may be a case for  reorganisation in Westminster concerning the Department of Constitutional Affairs. I would also repeat the statement contained in my previous evidence session: there should be no reduction in the number of Welsh MPs until the National Assembly obtains primary legislative powers.
Thank you very much indeed for your kind and courteous attention.
Richard Livsey
Lord Livsey of Talgarth