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Evidence to the Richard Commission on the
Powers and Electoral Arrangements of the National Assembly
for Wales by Professor
Richard Rawlings
| 10.1. Two alternative ways forward have been
charted in this Memorandum of Evidence. Each design seeks
to combine the lessons of comparative experience (from
Scotland and Northern Ireland) with a careful regard for
local conditions or the ‘particularity’ of Wales,
including in terms of a history of close integration with
England. At the heart of this approach is the idea of
a mixed system of legislative and executive devolution;
a solid core of primary powers and - reflecting the parallel
demands for territorial autonomy and ‘cross-border’
collaboration - an expanded periphery of ministerial powers.
Making good use of Westminster – the Sewel Convention
– is also an important element, a tangible expression
not only of the pressures for uniformity and convergence,
but also of a constitutional sense of partnership, in
the Union State. |
| 10.2. Mark I: The lesser alternative
of ‘phased’ legislative devolution is designedly
more cautious and calculating. Predicated on the triple
classification of ‘reserved’, ‘devolved’
and ‘retained’ matters, it is both grounded
in the pre-existing fields of devolved functions and would
effectively prioritise the devolution of powers in major
fields of front-line services. To this effect, the devolved
administration would be in a position to (be seen to)
‘make a difference’. |
| 10.3. Mark II: The second design involving
an entire scheme of legislative devolution is a more standard
one, and as such - constitutionally speaking - is clearly
preferable. In providing ample scope for innovative and
rounded approaches, it also sits comfortably with the
trajectory of policy making and delivery demonstrated
by the Welsh Assembly Government. The sheer pace of change,
first in making good on the historical legacy of the Welsh
Office, and second in the increasing pursuit of the positive
opportunities for ‘made in Wales’ policies currently
available, further points in this direction. |
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