Memorandum from the Parliament for Wales Campaign

Introduction
The Parliament for Wales Campaign has been in existence for nearly fifty years and during this time has sought to obtain a Welsh Parliament with tax-varying powers and the ability to pass primary legislation. Over the last decade we have seen the implementation of devolution across the United Kingdom gather pace. It is our belief, however, that whilst the establishment of the National Assembly for Wales in 1999 was an important step towards providing Wales with a proper sense of devolved political and administrative control it is at present inadequate. Although the Assembly has clearly achieved some very important things for Wales it has, however, failed to achieve an acceptable level of credibility in the eyes of a still substantial proportion of the population.
It has also become apparent that the National Assembly is the weakest of the UK's devolved national political bodies. The other Celtic nations within the United Kingdom, Northern Ireland and Scotland had far superior devolution settlements to Wales. The Parliament for Wales Campaign therefore believes that Wales should not be denied a devolutionary body similar to those in Northern Ireland and Scotland.
This written submission therefore outlines the elements of the National Assembly that would need to be reformed and changed in order to achieve a fully democratic Parliament for Wales. In essence these revolve around eleven clear points. They are:

An increase in the number of Assembly Members to 80-100 without a decrease in the number of the number of M.P.s at Westminster.

Increasing the proportional presentation element of Welsh Assembly elections to one hundred percent by moving to a system of election by Single Transferable Vote.

A review of the role of the Secretary of State for Wales.

The introduction of a Welsh Civil Service

The granting of primary law making powers

Judicial devolution based on the new Welsh Primary Legislation

Review of the Barnett Formula so that it meets more effectively Welsh needs.

The international position of the National Assembly and the representation of Wales’s abroad to be expanded to reflect more truly Welsh interests.

Increase in the areas of responsibilities of the National Assembly by taking on new powers and functions

The granting of tax varying powers.

A greater degree of All Wales involvement by the Assembly and support for the regional committees
The following pages will expand on the rationale behind each proposal.
The proposals of the Parliament for Wales Campaign on the Assembly’s Powers and Electoral Arrangements
Element one
An increase in the number of Assembly Members to 80-100 without a decrease in the number of the number of M.P.s at Westminster.
A Welsh Parliament with significantly more powers and roles than the National Assembly will need more members in order to ensure that new powers are used effectively. It has already become evident that there are too few Assembly Members. It has become an institution in which there are far more chiefs than Indians. Around 80 per cent of Assembly Members are either in the Cabinet, a deputy minister or hold some spokespersons role within their party. If you add to this those members who also are committee chairs, almost 100 per cent of Assembly Members have some formal position of responsibility. This means that the backbencher function of the Assembly Member is greatly weakened. There is therefore a need to have some Members who are more independent of the government and the formal party machine. They are needed in order to ensure a more independent scrutiny of the Welsh Assembly Government. It is also apparent that some National Assembly Members wear too many ‘hats’ and hold too many positions. This is particularly true of some of the Cabinet Members. An increase in the number of members will better hold to account.the government.
Element Two
Increasing the proportional presentation element of National Assembly elections to one hundred percent by moving to a system of election by Single Transferable Vote.
The Campaign is of the opinion that the voting system for the National Assembly must be seen to be fair to all parties, individuals and the public. Representation should be proportionate to each Party’s share of the Welsh vote. The present A.M.S.
" Additional Member System" strengthens the party rather than the voter, and as experience has shown creates two classes of Assembly members. One is directly accountable to the electors, leaving the "Top Up Member" responsible to his or her party. A.M.S. is more likely to result in coalition governments,
The Parliament for Wales Campaign together with the Electoral Reform Society, and the Institute of Policy Research, prefer the Single Transferable Vote system [S.T.V.] of voting. This system achieves a reasonable degree of proportionally in each constituency, and nationally.
The advantage of S.T.V. is greater participation, and feelings of involvement in the political process. It encourages a less confrontational style of politics, and a less negative form of campaigning. Further, it would be fairer to smaller parties who would not wish to contest every constituency. S.T.V. could improve the quality of candidates, since the electors could choose between candidates of the same party. Finally S.T.V. would compel parties and individuals to take their message to the entire electorate, and just not concentrate their resources on safe seats.
The main points of advantage of S.T.V. are: -
  • high degree of proportionality
  • emphasis on fairness to the voter , rather than the party
  • voters can discriminate between candidates of the same party.
  • most important, it enables the voters to maintain tight accountability on representatives
  • it gives a better chance for ‘Independents’ – important in Rural Wales
Element Three
A review of the role of the Secretary of State for Wales.
The Secretary of State for Wales or Welsh Secretary has been a Cabinet position since 1964. Since 1999 and the establishment of the National Assembly, however, the post has lost almost all of its powers. There is still a small and overstretched Welsh Office, which serves the Welsh Secretary and his junior minister. The Welsh Secretary has a seat in the Cabinet and on a number of key government committees. The role of the Secretary of State for Wales and role and function of the Welsh Office, however, have become somewhat vague. It is the view of the Parliament for Wales Campaign that the Welsh Secretary’s role is reviewed and that he/she should undertake scrutiny of proposed legislation and its affect on Wales and a direct role in the successful implementation of Welsh Parliamentary legislation. The Welsh Office should also have an expanded role in providing Welsh input into reserved areas such as social security and general taxation.
A key role of the Secretary of State is to fight the corner for funding for Wales at the heart of the Westminster Government. However, the proper discharge of this function will be difficult, when opposing parties control both Governments
Element Four
The introduction of a Welsh Civil Service
The National Assembly for Wales was established with a civil service that was controlled directly from Whitehall. The main pay and service issues are still directed from there. Whilst there are benefits to having a United Kingdom wide civil service the Parliament for Wales Campaign feels there are still stronger ones for seeing the establishment of a Welsh Civil Service.
As the law making and policy differences increase between London and Cardiff it will be necessary for the Assembly to have its own civil service trained and specialised to serve its needs. It will need to train and develop its own expertise, relating to the peculiar needs and requirements of Wales and particularly in the areas of policy development and parliamentary draughtsmanship. Establishing a separate Welsh Civil Service most effectively does this. We have already seen that Northern Ireland has operated its own civil service effectively since its separation from the South in 1922. The expansion in powers and functions of the National Assembly to include those of the Home Office and elements of the Lord Chancellor’s Department and Treasury would also led to a significant increase in civil servant numbers in Wales. This increase would further justify the rationale of establishing a Welsh Civil Service.
It is envisaged that existing servants in every government department devolved to the National Assembly will be transferred to the Welsh Civil Service subject to the same terms and conditions of service as those to which they were party to before being transferred.
Element Five
The granting of primary law making powers.
One of the key aims of the Parliament for Wales Campaign for the last fifty years has been to give Wales its own primary legislative powers. The key reason we believe this is needed is due to policy logjam caused by having to put primary legislative powers through Westminster. The will of the National Assembly is frequently frustrated by stumbling into policy areas which need primary legislation to either implement a new piece of policy or reverse an old one which can only be done by changing primary legislation. A number of example have become apparent over the last few years:
Student fees – The Assembly wished to abolish student fees but was unable to do because it did not have primary powers to do so.
GM crops – The Assembly wished to ban the growing of GM crops in Wales but did not have primary powers to do so.
A St David’s Day holiday – All four Welsh political parties have campaigned for a national holiday in Wales for St David’s Day but have not been given the Westminster time to implement it.
Furthermore, Westminster legislation impinging upon devolved powers requires complex duplicate clauses to enable the National Assembly to discharge its responsibilities. The Education Act 2002 is a case in point, most significantly in the areas of the curriculum and special educational needs. Close co-operation is required between the National Assembly and the Westminster Governments, if legislation of this nature is to be drafted in such a way as to give Wales the intended freedom of action. Whilst this is demonstrably achievable when both Governments are of a similar political hue , there is every reason to expect that major problems will arise when the National Assembly and Westminster Governments are made up of opposing parties.
At its extreme, the Assembly could find that it was no longer possible to develop a coherent policy framework for Wales.
There are many more example of the failure or curtailing of policy initiatives caused by the failure to be able to implement primary legislation. There are also many Welsh issues that have little or no interest in Westminster to the mainly English MPs but are of great importance here in Wales. A case in point is the Health (Wales) Bill, introduced in November 2002, which deals with Community Health Councils in Wales, the establishment of the Wales Centre for Health and Health Professions Wales; there can be no rational reason why primary legislation of this nature has to take the time of the UK Parliament. Another example is the petition of some 22,000 signatures, presented from people in Wales on the 29th January 2003, calling for the tighter legislation of the sale of fireworks. Such a piece of legislation could easily be passed in Wales. Similarly the Northern Ireland Assembly is currently reviewing its public administration structure with a review to rationalisation. A process that involves primary legislation to implement the recommendations, are powers, which are possessed by the Northern Ireland. Such a process in Wales would involve the National Assembly having to go to Westminster to try to gain Westminster time for a Bill that could easily and more effectively be passed in Wales.
The legislative process
The legislative process in Wales would be modelled closely on that in Scotland, which has been seen to work effectively. Therefore there should be three types of Bills:

Executive Bills, those produced by the executive government in order to maintain its policy agenda or implement European law.

Committee Bills, those produced by the Parliamentary Committees in order to implement its own findings on various scrutinises or reports.

Private Members Bills, those produced by ordinary members of the Parliament. They would need to be limited to one or two per session to avoid swamping the Welsh Parliament’s law officers.

Bills could normally go along the following procedures

Pre-legislative phase – wide spread consultation with interested parties (private members bills may not use this process).

Legislative phase one – the Welsh Civil Service checks to ensure that proposed Bill does not conflict with reserved powers. There is consultation with the Welsh Secretary over the provisions.

Legislative phase two – if the Bill basses phase one then it now goes before the entire Welsh Parliament for plenary debate on the general provisions of the Bill.

Legislative phase three – the relevant Committee now discusses the Bill line by line. Evidence is taken and the Committee may make amendments or additions to the Bill. If this were a Private Members Bill then it would include that member.

Legislative phase four – the Committee now presents the Bill to the whole Welsh Parliament for further scrutiny. Votes are taken on the whole Bill and or further amendments.

Legislative phase five – the Bill now goes before the Welsh Parliament’s law officers. They vet the Bill to ensure that it does not conflict with reserved powers. The Welsh Secretary and the relevant Whitehall and Westminster legal departments further vet the Bill.

If there is a dispute that cannot be resolved then the matter can be resolved by the Judicial Committee of the Privy Council. If after a set period (four weeks) the Bill were cleared the Presiding Officer would present it for Royal Assent. It would then become an Act of the Welsh Parliament.

There would also be the need to a procedure for implementation of emergency legislation.
The status of existing United Kingdom legislation
Legislation relating to reserved matters will obviously remain in force until the UK Parliament determines otherwise. Other legislation will remain in force unless and until the National Assembly decides to amend it or repeal it. In some areas however such as the domestic legislative provisions which are provided in order to enable European Union directives to be enacted the Assembly may still require to be included in Westminster legislation. This is because the volume of this legislation may swamp the Assembly’s own legislative process.
Overlapping powers
It is felt that where there is conflict between the National Assembly, the Westminster Parliament and the Institutions of the European Union over whether the Assembly has the power to implement the primary legislation then an early resolution of any such disputes should be reached. All legislative proposals presented for debate by the Welsh Parliament could be submitted for scrutiny by the Secretary State for Wales. Any differences of view between Secretary of State and the Welsh Parliament as to whether a provision comes within the category of reserve matters or whether directives from the European Union overlap the legislative powers of the National Assembly, or whether legislative proposals by the National Assembly and Welsh Government conflict with European directives could be resolved by agreement. The Judicial Committee of the Privy Council can submit failing agreement disputes for discussion.
Element Six
Judicial devolution based on the new Welsh Primary Legislation
The increase in legislative powers will obviously create for Wales a legislative system that increasingly differs from that in England. This will have to be reflected in the judicial process, which in turn will have to be adapted for Wales from that which currently exists. When the Royal Commission on Assizes and Quarter Sessions (the Beeching Commission) published its report on the reorganisation of the courts in England and Wales, it was envisaged that one of the reasons for retaining the Wales and Chester circuit was the likelihood of administration and government in Wales being devolved to a Welsh government at some future date.
The present position is the staff who run the courts deal with the High Court, Crown Court and County Court business are part of the Courts Service Agency.
It is with members of the Courts Service Agency that members of the public first come into contact when involved in litigation and it is with them that the public maintain contact during the stages leading up to it and even during the trial. The Parliament for Wales Campaign would like to see staff and work of the Courts Service Agency to be transferred to the Welsh Civil Service and that staff working on of the Courts Service Agency in Cheshire be transferred to the Northern Circuit.
The judiciary, on the other hand, should remain under the ‘umbrella’ of the Lord Chancellor who will continue to be in charge of judicial appointments subject consultation with the minister in the Welsh executive responsible for Justice. There should also be established a Welsh section of the Supreme Court of Judicature for England and Wales.
There is ample accommodation available for the Welsh section of the Court of Appeal in Cardiff and in Mold There is a precedent as it occurred in Cardiff before at a time when the amount of work being done by the Court of Appeal was much lighter than at present.
The transfer of the functions of the Lord Chancellor's Department in matters relating to the administration of Magistrates' Courts and of the Home Office in matters relating to prisons and penal establishment, the probation service and the police should also be given to the Welsh Civil Service. It is anticipated that the funding currently given to the Home Office will be reflected in an adjustment to the Welsh block grant.
Element seven
Review of the Barnett Formula so that it meets Welsh needs more effectively.
It is widely accepted that the revised Barnett Formula currently in use to determine funding is no longer relevant for the third millennium. Even Lord Barnett has called for the formula to be revised.
The Parliament for Wales Campaign would like to see a full revision of the Barnett Formula in order to effectively meet the needs of the people of Wales.
Element eight
The international position of the National Assembly and the representation of Wales abroad to be expanded to reflect more truly Welsh interests.
Currently the representation of the National Assembly abroad is taken on an ad hoc basis. The Parliament for Wales Campaign would like to see that this representation included as a right. For example the key embassies of the United Kingdom abroad should now have Welsh representation within them.
This will help ensure that any trade opportunities or other issues related to the Welsh interests are directed towards Wales by having their own representative on the spot.
At a European level the PFW Campaign would like to see the attendance of National Assembly representation more often at Council of Ministers meetings and at any key discussions, which directly affect the future of the Assembly. We would like to see the Welsh Assembly Government ministers taking a more proactive role in discussions determining the impact of the European policies and legislation on Wales.
Element nine
Increase in the areas of responsibilities of the National Assembly by taking on new powers and functions
The increase in legislative and fiscal powers of the National Assembly would mean that it would have to take on board a number of departmental functions currently undertaken by Whitehall. Therefore the Assembly would need to have a significant increase to the areas of responsibility it currently has. Functions such as Law and Order, broadcasting and local government elections would need to be included in within the Assembly's powers.
The Welsh Assembly Government and its Committees would have to be reconstructed according to this increase in new powers and functions.
Element ten
The granting of tax varying powers.
The Parliament for Wales Campaign would like to see the National Assembly granted powers to vary direct and indirect taxes within Wales within specified limits. The Welsh Government should have the power to implement any proposed tax increase through a Treasury bill within the Assembly. It is felt that the Assembly needs these powers in order to pursue particular policies that are not provided for within the block grant. For example, the Assembly may wish to increase expenditure on rail services or to finance its own system of student funding for the Welsh universities.
There may not be significant resources within the existing Westminster grant to the Welsh Assembly in order for it to fully fulfil these policies. Therefore the Welsh Assembly may wish to raise its own funds.
Element eleven
A greater degree of All Wales involvement by the National Assembly and support for the regional committees
Our press and the public often refer to the Cardiff over-centralisation of the National Assembly for Wales’s administration, support staff and general functions. As such, many people feel isolated, not involved and sceptical about our governmental system. We need a much stronger policy for a greater degree of "All Wales involvement", which builds on the few "country-wide" features that we have now, such as the Regional Committees, the Partnership Council and the public meetings, which you yourselves are holding.
The Regional Committee meetings in particular are very important, in that they provide an opportunity for communities to debate issues, in their local area, with the Assembly Members. This is an effective, democratic example of "bringing politics to the people" and this principle must be expanded, so that people feel more involved in the government of their country. In support of this premise, we note that, apparently, several Scottish M.S.P.s would like to have a similar Regional Committee System. Although the initial meetings were well attended by A.M.s, their numbers have gradually declined and correspondingly the public have been discouraged from attending the meetings. This almost certainly this reflects the widely held view that the workload of our A.M.s is overstretched and to have effective government, we need to increase their numbers. For this point we can refer back to Element 1.
Conclusion
Although our proposals would not ensure a perfect form of devolved political government for Wales we do believe that it would give Wales a much better political system than it has at present. Our eleven proposals are closely integrated and form an effective package to remedy some of the ills, which have occurred since the National Assembly for Wales was established in 1999.
With the arrival of tax- varying and primary legislative powers Wales would at last be able to effectively deal with some of the severe problems that occur within its social and economic life. In the view of the Parliament for Wales Campaign these powers cannot come soon enough.