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The Commission on the Powers and Electoral
Arrangements of the National Assembly for Wales

Submission by the Wales Labour Party

Extent of powers

"The Assembly has shown it is able to use its powers for the benefit of the Welsh people." Aberaeron BLP

"The range of powers devolved to the assembly… represented for the most part simply a transference of power of those issues that previously happened to have fallen within the remit of the Secretary of State for Wales, rather than reflecting the results of an overall analysis of what powers would have best allowed the Assembly to meet the overall needs of Wales." Cardiff North CLP

Over the past four years the Assembly has used its powers well and to the benefit of the people of Wales. Meaningful and lasting change has been effected throughout its areas of responsibilities. Furthermore, as the Assembly has settled into its role, more imaginative solutions have been developed to address the problems facing people in Wales. Although the Assembly had no direct powers over student support, for example, it was able to devise the Assembly Learning Grant system making use of Local Education Authority (LEA) powers to pay bursaries and Assembly powers to support LEA expenditure. Because of this experience, together with the Assembly’s desire to develop its own approach on student support, the transfer of these powers are now being negotiated with the UK Government.

Where the first term of the Assembly has shown that additional or modified powers will improve the implementation of policy these have been sought. In addition to powers over student support the Welsh Assembly Government is seeking powers of direction over the Strategic Rail Authority and additional powers over animal health, resulting from ‘real life’ experience in handling the Foot and Mouth crisis of early 2001. In each case the decision to seek extra powers has been based on a practical, focused and grounded assessment of what is needed to improve delivery, rather than an abstract argument based on devolved settlements in other parts of the UK, or a desire to withdraw Wales from the UK.

"Islwyn CLP commends the close partnership between the Labour Government and Labour-led Welsh Assembly, believing that Labour has improved the lives of people in Wales through the effective working of the devolution settlement." Islwyn CLP

"Since devolution we have enjoyed more primary legislation specifically for Wales than at any time in our history." Individual submission, Vale of Clwyd CLP

In addition to the good and full use that the Assembly has made of its powers there has been a significant increase in the amount of primary legislation with Welsh provisions, together with Wales-only Acts, compared to the pre-devolution era. This is due in no small part to the excellent working relationship forged between Labour Assembly and Westminster Ministers, together with new models of pre-legislative scrutiny and joint working between AMs and MPs. The England and Wales Education Act, with a greater number of Welsh than English-only clauses, and so clearly reflecting the different evolution of education in Wales, is a good example of the fruits of this partnership working. Similarly, it is hard to imagine how the Children’s Commissioner for Wales could have come about through the old Welsh Office. Welsh Labour urges the Commission to recognise the success of the last four years in influencing and shaping primary legislation.

The Assembly has functioned well within its existing financial settlement, and indeed is in the middle of a period of very substantial increase in its block grant, rising from just over £7 billion per annum in 1999 to over £12 billion in the next couple of years. The mechanism for allocating the this block grant to Wales pre-dates the creation of the Assembly by over 20 years, so the arrangements for political devolution and the distribution of resources in the UK are clearly independent of one another. Welsh Labour urges the Commission not to be distracted by the separate considerations of financial distribution.