Richard Commission consultation on the Powers of the National Assembly for Wales

A response from WCVA

June 03

Wales Council for Voluntary Action

A response to the Richard Commission consultation on the Powers of the National Assembly for Wales

Introduction

1.   Wales Council for Voluntary Action (WCVA) promotes the interests of voluntary organisations, community groups and volunteering in Wales. It has over 900 organisations in direct membership and is in contact with thousands more through national and regional voluntary sector networks. There are at least 30,000 voluntary organisations in Wales, with a combined income of £630 million, a workforce of over 20,000 employees and 1.12 million adults volunteer either through voluntary organisations or informally.

2.   This broad and diverse sector makes a major contribution to the economic, social, environmental and cultural life of Wales and effective governance in Wales depends on government working with the voluntary sector.

3.   WCVA has been actively engaged in debates around the role of the National Assembly for Wales and its relationship with the voluntary sector since 1996. Throughout the first term of the National Assembly we have worked closely with the voluntary sector, the National Assembly and the Welsh Assembly Government in developing the Voluntary Sector Scheme and facilitating the Voluntary Sector Partnership Council and bi-annual meetings between each Minister and relevant voluntary sector networks. In response to the establishment of the National Assembly, WCVA set up a Voluntary Sector Assembly Centre to provide information, advice and networking opportunities around the Assembly in its first 3 years. WCVA Policy also holds quarterly events across Wales, predominantly focussed on issues relating to the Assembly.

4.   In addition, this response has been drawn up following extensive consultation with the voluntary sector including:

• the Assembly Liaison Group, a network with over 30 members who work closely with the Assembly from voluntary organisations across Wales;
• nearly 100 organisations across Wales at WCVA’s regional policy events in January 2002.

5.   WCVA welcomes the opportunity to report to the Richard Commission on our experience of working with the Assembly, the impact of the Assembly’s powers on the work of our organisation and the possible impact that future changes to the powers of the Assembly might have on the voluntary sector in Wales.

6.   The establishment of the National Assembly has meant more access to the policy making process and to decision makers for the voluntary sector. In particular, the Government of Wales Act 1998 gives the Assembly a statutory commitment to "make a scheme setting out how it proposes, in the exercise of its functions, to promote the interests of relevant voluntary organisations". The resultant Voluntary Sector Scheme, published in September 2000 sets out the Assembly’s commitment to working in partnership and consulting with the sector, promoting volunteering and community development. A Code of Practice for Funding has been developed as a separate document. It also sets out processes for regular dialogue at a national level and there is an annual report on the implementation of the Scheme. Wales is the only country in the UK where there is a statutory obligation to promote and support the voluntary sector. This has been warmly welcomed by the sector and the annual reports are showing increasingly positive outcomes.

7.   The arrangements in Wales have attracted international attention as a model of good practice in government/ voluntary sector relations. This has enhanced the Assembly’s reputation internationally as a government institution forging new kinds of links with the people it serves. For example, in March 2002, Norma Barry (Director of the Welsh Assembly Government’s Communities Directorate) and Phil Jarrold (Deputy Chief Executive of WCVA) were invited to Canada to discuss the Welsh Assembly Government’s relationships with the voluntary sector in Wales, and to advise the Canadian Federal Government on taking forward their Accord with the voluntary sector.

8.   There has also been an emphasis on making the Assembly’s processes and structures accessible and transparent. This has been relatively successful and voluntary organisations have regularly been invited to give evidence to Assembly committees and have had good access to Assembly members. The sector has been able to engage in Welsh Assembly Government policy development in several areas including participating in working and advisory groups and in consultations. The Welsh Assembly Government has held some events specifically to encourage wider participation by civil society in its policy making and legislative procedures.

9.   Since the establishment of the National Assembly for Wales there is no doubt that the voluntary sector has been more able to engage with government policy development and decision-making.

10.   The voluntary sector is enormously diverse and operates across the spectrum of public life in Wales. Different areas of the voluntary sector will have different experiences of how the powers of the National Assembly affect their work and the people they work with. As the umbrella body for Wales, WCVA will focus on generic issues for the voluntary and community sector in Wales but use examples from experiences of individual groups.

Achievements and opportunities under the current model

11.   The Assembly already has significant powers (some of which it has been argued could be used to better effect) and there have been some important achievements. An example is the establishment of a Criminal Records Bureau registered body exclusively for the voluntary sector in Wales. The Criminal Records Bureau (CRB) is an executive agency of the Home Office and covers England and Wales. People working with children and vulnerable adults in certain situations need a police check and can only do so via the Criminal Records Bureau. Despite lobbying from the voluntary sector in England and Wales the Homes Office refused to provide resources for small organisations to access the checks. This was threatening valuable work that the voluntary sector undertakes with children and vulnerable adults. The CRB was also heavily criticized for not working bi-lingually in Wales. In Wales the voluntary sector, through the VSPC, has lobbied successfully for the Welsh Assembly Government to establish and fund a CRB registered body for the voluntary sector in Wales. Further examples of the Assembly’s achievements can be seen in, From Protest to Process: Stories from the National Assembly for Wales, 2003, edited by Aled Edwards.

12.   Whilst the National Assembly does not have primary legislative powers, primary legislation specifically for Wales can be put forward and amended via Westminster. The most notable example for the voluntary sector has been the legislation around the Children’s Commissioner for Wales. However, this process was relatively cumbersome as discussed later. Having the power to make primary legislation in the Assembly would mean that legislation for Wales could be undertaken more swiftly, with more ease for campaigning voluntary organisations and a greater reflection of the needs of Wales.

13.   Despite these achievements, discussions at our regional policy events showed a considerable level of frustration within the sector on the current devolution settlement, described below. There are also a number of ways in which the current powers of the Assembly restrict engagement by the voluntary sector and make it more difficult to achieve their aims.

14.   WCVA aims to support organisations and communities to participate in the policy making process and to engage with decision makers. This participation is restricted by the extremely complex nature of the Assembly’s powers. This makes individuals as well as organisations less inclined to engage in the policy-making and especially the legislative process. It restricts full engagement to those larger organisations that have sufficient resources to invest in advocacy staff and even professional legal advice to determine the powers of the Assembly. Even so, few of the larger organisations that have invested in working with the Assembly would claim to have an up to date understanding of the current state of legislation in Wales.

15.   This is also a barrier to transparency and accountability. The complexity means that even where the National Assembly has produced simpler briefing papers on the its powers there is still confusion – even amongst organisations who work with the Assembly on a regular basis. This can lead to mistrust as it is perceived that the Assembly is not being open with external organisations.

16.   The complexity results in significant time and resources of voluntary organisations being taken up trying to untangle the National Assembly’s powers rather than focussing on the urgent issues concerning their service users and members.

17.   The devolution settlement makes it difficult for the Assembly to develop integrated policies in some areas, for example integrated transport with no powers over rail, or tackling child poverty with no powers over tax or benefits. One example is that whilst Elwa is responsible for planning and promoting education and training in Wales, it does not have responsibility for Sector Skills Councils. The UK government’s reluctance to establish a Voluntary Sector Skills Council is at odds with the Assembly’s commitments expressed through the Scheme. Another example is youth justice, where youth is almost entirely devolved to the National Assembly, but justice is a reserved Home Office responsibility. Youth Justice is a Home Office responsibility but this can mean that despite the Assembly’s ‘Children First’ and ‘Extending Entitlement’ policies, young people in trouble in Wales are not treated as children first and not given the same entitlements as young people in Wales. This is exacerbated where Westminster and the Assembly differ on their policy positions and can result in disjointed and even contradictory policies as in the case of the draft Mental Health Bill and the Welsh Assembly Government’s Adult Mental Health Strategy.

18.   The complexity of the settlement has led to confusion about which Whitehall policies and funding apply to Wales and which don’t. This again leads to wasted time and effort for voluntary organisations. There are examples of UK non devolved departments taking initiatives on issues affecting the whole of the UK only for it to emerge some time into the process that it is an England only issue with no policy or funding outcomes for Wales. One such example is the Treasury Cross Cutting Review into the Role of the Voluntary and Community Sector in Service Delivery.

19.   It is also not clear why UK departments undertake England only reviews which cover non-devolved issues. For example, the Treasury Cross Cutting Review included consideration of irrecoverable VAT for registered charities, a non-devolved issue, which resulted in the establishment of an England only fund to compensate voluntary organisations for VAT payments. As the Review was England only, neither was there any consideration of the role of the voluntary and community sector in Wales in the planning and delivery of services relating to non-devolved functions. Will the resources for undertaking a review for Wales be transferred to the Assembly, will the Treasury do a similar review for Wales or is Wales simply being left out altogether?

20.   Another difficulty is that voluntary organisations and community groups are not always clear when they should approach their AM or when they should approach their MP to take issues forward. Again, a clearer separation of powers rather than the current overly complex settlement should make this clearer. This could save time and resources for voluntary organisations and elected representatives alike.

21.   Many of the positive, new ways of working that the National Assembly has initiated, including working in partnership, have caused their own frustrations. A key problem is the capacity, particularly of smaller groups, to engage in consultations, working groups and other partnership bodies. This takes up valuable resources and staff time, sometimes with unclear outcomes. However, the principles of partnership working and involving the voluntary sector and wider civil society in decision-making are key and must not be lost. Rather, in its second term, the Assembly should concentrate on improving the ways that it works with its partners to maximise the skills and resources that all sectors in society can bring to policy-making and service delivery.

Recommendation:

• The Government of Wales Act should be amended to ensure clarity in the powers and responsibilities of the National Assembly for Wales and the UK Government. This will make the institutions and processes more accessible and transparent and allow for more integrated policy making.

22.   The voluntary sector has put an enormous amount of resources and energy into working with the Assembly. Devolution has provided more accessible government and the Assembly has engaged extensively with the voluntary sector, but there is a perception that there has been more talk than action. It is important that the Assembly delivers on this enthusiasm or the desire to engage will be lost. This will always be largely dependent on political will. However, if the National Assembly is unable to respond to Welsh initiatives, the frustrations can increase. Greater legislative competence in the National Assembly should enable us to see the outcomes of the new ways of working in new policies that reflect the needs of Wales.

23.   Some UK and international organisations may perceive the National Assembly as having a lower status than other devolved administrations because of its lack of legislative powers. These organisations have expertise and resources that they can bring to civil society in Wales and feed into the Welsh Assembly Government’s policy-making and delivery. They may be more attracted to engage in the governance of Wales if there are more opportunities to do things differently and better. A growth in the Assembly’s powers may also see a growth in civil society organisations in Wales as more opportunities are seen to influence decision-making.

24.   Voluntary sector colleagues in Scotland have welcomed the increased legislative powers of their Parliament. Voluntary organisations have used their good working relations to good effect, actively participating in the processes leading to legislation on land reform, free personal care for the elderly and legal obligations for local authorities in supporting homeless persons.

25.   In the absence of primary legislative powers there is a danger that the Assembly can get drawn into consideration of operational details rather than retaining focus on strategic policy and legislative matters.

Recommendation:

• The Government of Wales Act should be amended
  - to give greater clarity as to the powers of the National Assembly;
  - to give the National Assembly more comprehensive powers where this would enable the Assembly to better meet the needs of Wales.

26.   The powers affecting the voluntary sector are extremely varied and individual organisations may have several areas where primary legislative power for the Assembly may have a positive impact on the work of their organisation.

27.   One limitation is the lack of a general power to make payments to voluntary organisations and community groups in the exercise of its functions despite its statutory duty to promote the voluntary sector. The Assembly can only fund voluntary organisations to undertake work where this is set out in primary legislation. Whilst this may not have prevented funding so far, it is a significant gap in the Assembly’s ability to support and promote the sector. This is especially the case in providing funding for building the infrastructure of the voluntary sector.

28.   If the National Assembly had primary legislative powers, WCVA could have lobbied for a new Charity Act. This is something that our sister organisation in Scotland, Scottish Council for Voluntary Organisations has been promoting and to which the Scottish Executive is now committed. The purpose of a Charities Act would be to amend the definition of a charity and the regulatory framework for the voluntary sector. Whilst the UK government is taking this forward for England and Wales, it is unlikely that the UK Parliament will be presented with a Bill defining charity until 2005 at the earliest. By developing a Charity Act through the National Assembly, the legislation would be more focused on the voluntary sector in Wales and would have the potential to be developed more quickly.

29.   If the National Assembly had powers in relation to the benefits system, the Assembly would be able to amend current policy and legislation to transform our approach to (re-)engaging people in economic and community life. With such powers, Welsh Assembly Government policies such as Communities First and the Rural Community Action Programme could introduce more flexible and holistic approaches to helping people to engage in community activity and community enterprises without jeopardising their longer term benefits situation.

30.   The voluntary sector in Wales could also benefit if the Welsh Assembly Government had powers to negotiate exemptions to the European State Aid Regulations, which stipulate how much public assistance can be given to firms. The European Commission set the State Aid Regulations and currently the DTI negotiates exemptions with the European Commission. These are then reflected in the DTI state aid scheme. The DTI scheme is based on the needs of the UK. As a large part of Wales has Objective 1 status, its priorities for European Structural Funding are different from the rest of the UK. If Wales had the power to set its own state aid scheme and negotiate with the EC directly, the exemptions policy could be much more focused on the circumstances in Wales. This would also effectively cut out the ‘middle man’ in WEFO’s negotiations with the European Commission.

Structure and working arrangements of the National Assembly

31.   The current arrangements are confusing and can be another barrier to transparency and clear accountability. Many organisations do not understand the difference between the National Assembly for Wales and the Welsh Assembly Government. Even those working regularly with the Assembly can be unclear. The terms Welsh Assembly Government and ‘Assembly’ are still used interchangeably, not least by Welsh Assembly Government officials. As the Assembly has in practice adopted a parliamentary model, this should now be made clear in law as well as to the public.

32.   The confusions are reflected in the relationships between the voluntary sector and the Assembly. For example, the Government of Wales Act states that the National Assembly for Wales must develop a Scheme setting out how it will support and promote the sector and publish a report on the Scheme. The Voluntary Sector Scheme was drawn up prior to the practical separation between the legislative and the executive functions and so is the National Assembly for Wales’ Scheme. In practice, it is now the Welsh Assembly Government’s Scheme and the Welsh Assembly Government has published both the Code of Practice for Funding and the Second Annual Report. This has resulted in a National Assembly for Wales Voluntary Sector Scheme that concentrates entirely on the activities of the Welsh Assembly Government. This blurs accountability.

Recommendation:

• There should be a clear split between the executive and the legislative arms of the National Assembly for Wales.

33.   The relationships between the National Assembly in the Bay and the voluntary sector have been very open and inclusive. If you visit the National Assembly on any working week you will see a range of voluntary groups exhibiting in the milling area, holding lunch time or evening receptions or debates, visiting AMs, listening to plenary discussions, or giving presentations to Committees.

34.   The scope for plenary discussions influencing real change is sometimes dubious. However, voluntary groups have worked with different political parties to bring about real change through secondary legislation, using the Assembly’s mechanisms to their full. An example of this is the Homelessness (Priority Need) (Wales) Order 2001 which the housing voluntary sector has claimed as "the most significant secondary legislation" the National Assembly has passed so far.

35.   The Committees have also worked closely with the voluntary sector and the Equal Opportunities Committee has a standing invitation to the LGB Forum Cymru to attend the meetings as an advisor. The Subject Committees have engaged with the sector through consultations and inviting groups to give presentations. Informal discussions with Assembly Members on the committees have also enabled voluntary groups to influence the subject of policy reviews. For example, Wales Environment Link members successfully lobbied the Economic Development Committee to conduct a review of renewable energy in Wales. The Committees play a very important role in evidence and information gathering. They also play an important role in influencing Welsh Assembly Government policy. However, ownership of Committee reports can be confused when a Minister endorses a report broadly, but does not specify which parts of the reports are to be Welsh Assembly Government policy or otherwise.

36.   The Subject Committees also play a role in scrutinising the Welsh Assembly Government and again voluntary groups have worked with Assembly Members in doing this. However, there is considerable concern that the proposed reduction in the number of Subject Committee meetings will mean a reduction in the scrutiny of Ministers.

37.   Whilst larger regional and national voluntary organisations have engaged successfully in these processes, there is also a need to engage local groups across Wales. These organisations work directly with their communities but it is these groups who often feel that the Assembly has very little to do with them. The Regional Committees have not been successful in addressing this and it is unclear how they impact on Assembly decision making.

38.   The Assembly is dependent on the UK government to bring forward or amend primary legislation to affect change in Wales. The Assembly’s Standing Orders set out procedures for influencing primary legislation but some voluntary organisations feel that the Assembly has been either unable or unwilling to influence decisions made in Westminster. For example, in the first three years of the National Assembly, there have only been two Wales-only statutes from Westminster. One reason for this is the lack of parliamentary time.

39.   If the Assembly had primary legislative powers it could potentially deal with matters of importance for Wales much more swiftly. In lobbying for a Children’s Commissioner for Wales with the broad remit necessary to promote the rights and welfare of children in Wales, children’s organisations in Wales had to campaign hard not only to the Assembly, but also to the Commons and Lords. Potentially this could have been dealt with more swiftly if the National Assembly had had the powers to amend existing and bring forward new primary legislation. The pressure of limited parliamentary time to scrutinise and amend the Children’s Commissioner for Wales Bill threatened the ability of children’s organisations to secure the amendments that they felt vital to the success of the post. The Richard Commission will hear directly from Children in Wales, who can give a more detailed report.

40.   It is not clear how the Assembly is engaged in discussions around new primary legislation or amendments to existing primary legislation. Primary legislation shapes all secondary legislation and the development of new or amendment of existing primary legislation can increase or reduce the Assembly’s powers. The commitment to pre-legislative scrutiny is welcome, but the Assembly’s decision making processes around the draft legislation must be transparent and in line with the commitments in the Voluntary Sector Scheme.

Recommendation:

• The Government of Wales Act should be amended with a presumption in favour of devolving powers to the National Assembly unless there is a compelling reason for maintaining powers at a UK level, to allow for swifter progress on issues relating to Wales.
• The mechanisms for consulting the National Assembly for Wales on the impact of forthcoming primary legislation on its powers should be more transparent and should involve consultation with the relevant sections of civil society.

41.   The voluntary sector in Wales has strong relationships with the Welsh Assembly Government through the Voluntary Sector Scheme. In England, the voluntary sector and the Government have signed a Compact setting out similar relationships and agreed ways of working – although the Scheme and the Compact have developed differently.

42.   The voluntary sector in Wales has no agreed relationships for working with any Whitehall departments on non-devolved issues. This has proved a considerable problem since devolution and has put the voluntary sector in a considerably weaker position in influencing policy development, service delivery and support for civil society in Wales on non-devolved issues. One participant in our policy event said that since devolution it is much easier to influence the Assembly and Europe, but that there is less opportunity to influence primary legislation or policy development at a UK level.

43.   The voluntary sector in Wales has often not been invited to participate in influencing policy development by Whitehall departments at an early and formative stage. For example, the Department for Culture, Media and Sport recently invited National Council for Voluntary Organisations (WCVA’s sister body in England) and three voluntary sector umbrella groups for England to preliminary discussions about lottery funding policies. After being approached by voluntary sector representatives based outside England, the DCMS made it clear that it did not intend to hold parallel discussions with voluntary sector representatives from the other three countries despite the policy having an equally significant impact on the sector in those countries.

44.   In other consultations, UK departments have consulted via the National Assembly. Whist organisations reported that they feel these consultations have mostly been inclusive and that their opinions have been reflected in the reports, the lack of influence that the Assembly has over Whitehall decision-making means that their voices have not been heard.

45.   It is clear that Whitehall departments often don’t know whether their policies apply to devolved areas or not causing an incredible amount of confusion and wasted time for voluntary organisations. UK Ministers often make announcements without clarity about how they relate to Wales. Organisations in Wales have spent time and resources responding to consultations by Whitehall departments only to discover later in the process that the policy will not affect Wales. For example, the sector in Wales participated in a consultation exercise around the Treasury cross-cutting review only to find that the remit of the review was to include England only.

46.   It is also reflected in funding streams. It is relatively clear what the Assembly fund, but very difficult to determine what the Whitehall departments are funding in Wales and why. There is no clarity at time of announcement, or even several months down the line, as discussed later.

Recommendation:

• A UK concordat which would make it explicit that non-devolved departments should use the principles set out in the Voluntary Sector Scheme to guide their relationships with the voluntary sector in Wales;
• There must be absolute clarity on how UK policies impact on Wales at the earliest stage of their development.

47.   The confusion in the voluntary sector as to how Whitehall policies impact on Wales is also seen in government institutions themselves. When voluntary organisations have gone directly to UK or Assembly departments for clarification, they have often been unable to give it.

48.   There are clear examples where Whitehall departments have not involved their counterparts in the Assembly in policy development on issues that will have a major impact in Wales. For example, the Department for Culture, Media and Sport failed to consult with the relevant Assembly division about the proposed Licensing Bill. Whilst licensing is a non-devolved issue, provisions in the Bill will have significant implications on several key policy areas that are the responsibility of the Assembly Government – including the arts, community sustainability and social inclusion.

49.   The lack of communication makes integrated policy making between the Assembly and Whitehall even more difficult. Whitehall is often unaware of initiatives developed in Scotland, Wales and Northern Ireland, and the devolved administrations either not aware or not involved in the development of initiatives in Whitehall. This also makes it more difficult to share best practice.

Transparency and accountability

50.   Another concern is transparency. An Assembly Minister or civil servant may take forward an issue of interest to the voluntary sector but it is often difficult to understand how this has been done or exactly what is the outcome. This is of particular concern when discussions follow an Assembly Resolution. There is a need for greater transparency and for formal records to be kept where appropriate.

51.   There is also confusion over accountability within some Assembly divisions where their work relates strongly to non-devolved issues or where a unit is primarily responsible to Whitehall. For example, the Welsh Assembly Government has a Crime Reduction Team. Whilst there are some devolved powers on Alcohol and Drugs, the unit based in the Assembly is primarily accountable to the UK government.

Recommendations:

• Better communications and working relationships between Whitehall and Assembly officials especially on issues where responsibilities overlap and greater transparency around these relationships.

52.   As described above, there are clear difficulties in communication and understanding at a UK level about what is happening in Wales and how policies impact on Wales. The Secretary of State should play a prominent role in supporting the interests of Wales, including the voluntary sector, in non-devolved policy matters. WCVA will seek the support of the Secretary of State for Wales gaining a commitment by UK departments to follow the principles of the Voluntary Sector Scheme in relation to non-devolved issues.

Recommendation:

• The role of the Secretary of State remains important in the current devolution settlement.

53.   The consultation document rightly points to the difficulties caused through uncertainty about funding streams. The issues have been discussed briefly already.

54.   A key problem is the confusion created by UK Ministers announcing funding without making it clear whether it relates to the UK as a whole or just to England. This can be confounded by use of the word ‘national’. This is often used to describe new initiatives or extra money available which then turns out to be England only. Often the UK departments themselves are not aware how funding announcements relate to Wales and it wastes a significant amount of time and energy to try to untangle.

55.   A good example of this is the futurebuilders. The Treasury Cross Cutting Review (discussed above) resulted in the establishment of a fund called futurebuilders. It has been difficult to gain clarification as to what the fund is for and who can apply. WCVA first wrote to the Treasury for clarification in January 2003. The Treasury responded in February making it clear that the fund was for England only but that Wales would receive consequential funding which the Assembly would decide how to spend. The response to a parliamentary question in March however, presented the fund as an alternative to introducing changes in the way the VAT system operates for charities. As VAT is a reserved matter, it would seem appropriate that the funding should be targeted at a similar fund for Wales. In May 2003, it is still far from clear whether organisations in Wales will be able to access a similar fund.

56.   It is not only the time and energy spent working out whether funding applies to Wales or not that is concerning. In several examples, the seemingly arbitrary way in which decisions are made as to whether funding applies to Wales or not means that Wales is potentially losing out on significant funding opportunities. As the voluntary sector in Wales is already significantly less well funded that the sector in England this is a real concern. This is not an isolated example, but rather represents a common experience.

57.   The confusion does not end with funding from UK government departments. Voluntary organisations report that a number of grant making bodies don’t understand the differences in Wales or when ‘UK’ funding is available to organisations or not. Some organisations in our policy events said this had made it more difficult for them to access funding from funders outside Wales, especially when there was a presumption that match funding was available from the government.

58.   The lack of integration in policy development is reflected in the lack of integration in funding streams for similar types of work. Organisations have to put together bids for similar work for both the Assembly and the UK government. This is duplicating effort and again points to the need for greater joint working between the Assembly and Whitehall.

Recommendation:

• Whitehall departments must be absolutely clear about the implications of funding streams for Wales and be clear as to why these decisions have been made.

59.   The structures for joint working between the voluntary sector in Wales and the National Assembly for Wales are strong and should also be reflected in voluntary sector relationships with non-devolved departments. It is hoped the response outlines some of the benefits and frustrations of working within the current devolution settlement. It is also clear that a government’s commitment to working with the voluntary sector is not restricted to the institutional structures but also dependent on political will.

60.   WCVA asks the Commission to consider the following recommendations:

• The Government of Wales Act should be amended:
  
  - to ensure clarity in the powers and responsibilities of the National Assembly for Wales and the UK Government. This will make the institutions and processes more accessible and transparent and allow for more integrated policy making;
  
  - to give the National Assembly more comprehensive powers where this would enable the Assembly to better meet the needs of Wales;
  
  - with a presumption in favour of devolving powers to the National Assembly unless there is a compelling reason for maintaining powers at a UK level to allow for swifter progress on issues relating to Wales.

• The position of the Secretary of State should be retained, at least within the current devolution settlement.

• Non devolved functions should be assessed to determine whether their implementation in Wales should be different and whether it should be delivered via the Welsh Assembly Government.