EVIDENCE TO RICHARD COMMISSION
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OPENING REMARKS
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| First of all, I would like to make it clear that I believe
that the devolution settlement set up under the Government
of Wales Act 1998 is working well. No system is perfect,
of course, and I welcome the fact that the Commission
is looking to see whether there are any areas where we
can improve. |
| Equally, however good a system may be, it cannot be
successful without a great deal of hard work and good
will on the part of those who operate it. I would like
to pay tribute to all the politicians and civil servants
at both ends of the M4 who have contributed to the success
of Welsh devolution. |
| We must remember that this system is still very young.
It is less than four years ago that the people of Wales
underwent a radical change in the way that they are governed.
I am quite sure that they want their system of government
to work as well as possible, but there would have to be
a very persuasive case made to justify undergoing the
upheaval of introducing another new system so soon when
the existing system has hardly bedded own. |
| Your terms of reference are very wide. Clearly your
report will be presented to the Assembly, but many of
the areas which you are considering are, in fact, for
the Government. Your recommendations may range from minor
changes to the current system all the way to a major re-writing
of the Government of Wales Act 1998. |
| The first level would be recommendations which
only affect the Assembly itself. There would be no action
for the government on these. It is entirely for the Assembly
to decide how it will conduct itself within the framework
set out by the Government of Wales Act and the various
Transfer of Functions Orders. |
| A second level could be recommendations about
the administrative arrangements between the Assembly and
the government. Many of these – the Joint Ministerial
Committee (JMC) for example – are set up between
the government and all three devolved administrations.
This would mean consultation with the Scottish and Northern
Ireland Executives and their agreement would be required
as well as that of the government before your recommendations
could be implemented. |
| At a third level, you may suggest that particular
functions should be passed to the Assembly by a Transfer
of Functions Order under section 22 of the Government
of Wales Act. This possibility was always envisaged under
the current settlement and the government considers each
case on its merits. Since the original transfer of functions
order four others have been made giving the Assembly additional
functions. As you know, we have said that in the light
of experience during the foot and mouth crisis, we are
sympathetic to the proposal that animal health powers
should be transferred to the Assembly and discussions
on that are under way. |
| The government must ask several questions in these cases;
you may also want to consider them in making a recommendation.
The most important question is – "What practical
benefits will this give to the people of Wales? How many
more jobs will it create? How will it improve health care,
education, transport?" In the case of animal health, for
example, "How will it improve disease control for the
benefit of farmers and the general public?" |
| In my view no decision can be taken on the basis of
your recommendations unless there is a positive answer
to this practical delivery question. I regard it as fundamental. |
| But there will be other questions as well: |
- about the impact on other areas of responsibility
- whether it will make it easier or more difficult
to deliver a related public service in Wales.
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- about practicality and resources; you on the Commission
may not have enough information to make such judgements,
but they will certainly influence our response to
your proposals.
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| And of course we will need to seek the views of those
who will be affected, including Members of Parliament
who will be able to reflect to us the views of their constituents. |
| Once these questions have been answered, the Cabinet
as a whole will need to make its decision on the basis
of all the information available. This process is likely
to take some time. |
| Up to now, I have been talking about recommendations
you may make which are achievable under the existing settlement.
But there is a final, fourth level, at which you
may make recommendations which would require changes to
the Government of Wales Act. There are various issues
that have to be considered in this context. |
| By far the most important is that of democratic legitimacy.
The current devolution settlement for Wales followed a
manifesto commitment in a general election and a referendum.
Any major changes proposed would have to have a democratic
mandate and you may wish to consider this. Any case for
primary legislation amending the Welsh devolution settlement
so soon after it was established would also have to demonstrate
very clear, practical improvements in delivery of public
services to the people of Wales. |
| Once again we would have to ask whether the resources
are available; what are the views of others affected;
and what would be the view of Welsh MPs particularly since
they would, more than other MPs be required to follow
any new legislation through Parliament. |
| And we would have to consider the very real issue of
priority for Parliamentary time. These questions would
be quite aside from the Government- stating a view. |
| In conclusion, I come back to that central point. |
| As you know, I am an enthusiast for devolution. But
only because I believe that it will bring – indeed,
has brought – tangible benefits. I am not in favour
of further constitutional reform for its own sake. In
your deliberations over the coming months, I hope that
you will ask how the quality of life in Wales will be
improved by the many proposals that have been and doubtless
will be made to you. |
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