Electoral
Arrangements
Is the size of the Assembly adequate
to its present job?
The "Numbers Game"
70. The Association is conscious that the
debate on the number of AMs has been ongoing since the
inception of the Assembly, and the more important question
of whether the Assembly representative strength enables
it to efficiently translate its business. We have noted
suggestions that the Assembly should increase to 80
or even 100 members. Some would argue Assembly representation
is smaller than most unitary authorities in Wales. However
with the inception of the Local Government Act 2000
there is a growing current of opinion in local government
that the size of councils may require examination. A
sense of perspective is important since an Assembly
of 100 elected members would be costly and create an
elected body the size of the American or Canadian Senate
without the powers or the population base to justify
this.
71. We believe that sixty people are more
than adequate within the existing Assembly powers and
remit number to achieve the vision spelt out in a www.BetterWales.com.
Indeed the Association would openly challenge the Richard
Commission to move the debate away from numbers and
concentrate upon roles.
72. Time is an important factor, and one
which impacts upon how successful the current set up
is in delivering improvement and real changes to the
Welsh political agenda. Currently the Assembly sits
for approximately 35 weeks per year with approximately
three days a week spent in plenary or Committees. From
the outset the Assembly was keen to ensure that their
working arrangements were flexible to attract a wide
section of the population to stand as members which
is to be applauded.
73. This has resulted, however, in a reduced
capacity to effectively undertake the functions of the
National Assembly. It is quite noticeable that Ministers
continue working on constituency days, hinting therefore
that more time could be spent by the other Assembly
Members on undertaking the scrutiny functions etc, which
they undertake in plenary or Committees. At the time
of producing this report we were concerned about the
rumoured proposals that the Welsh Assembly Government
wanted to reduce the number of sessions of the Subject
Committees from once every fortnight to once every four
weeks.
Political Representation
74. Trying to examine political representation
in Wales by confining this to one part of the constitutional
jigsaw is seriously flawed. Improving the efficiency
of our political system in Wales means a strategic overview
and the Association calls on the Assembly to conduct
a proper examination of the constitutional architecture
which underpins Welsh political representation and the
respective roles of all political tiers.
75. The view of the Association is in broad
terms: we are in danger of political saturation with
5 tiers of representation at European, UK, Welsh, Unitary
and community levels. Wales, a country of less than
3 million people is represented by nearly 9,500 elected
representatives: 8000 town and community councillors,
1270 county and county borough councillors, 60 Assembly
Members, 40 Members of Parliament and 5 MEPs. There
are also hundreds more unelected representatives on
Assembly Sponsored Public Bodies. Adding more political
representation into this context without a clear understanding
of the respective roles of MPs, Assembly Members and
councillors is a recipe for confusion. There has been
no attempt as part of the devolution settlement to codify
the framework to produce a more structured and rational
approach to Welsh policy making.
76. The result is that the Welsh public
is presented with a bewildering array of political representation
which by the very nature of the system produces tension
arising from different accountabilities and political
circumstance. Within local government, politics is driven
by the considerations of service provision within tight
financial settlements. For Assembly members there is
a more flexible approach based on a "transmission belt"
model of politics leading to the championing of a bewildering
array of causes which are not always sustainable, affordable
or desirable.
77. Local government recognises the legitimate
role of AMs and in many parts of Wales there are model
relationships. These function on the basis of a respective
understanding of roles and a desire to ensure that problems
or issues stemming from our communities are dealt with
at the most appropriate level. We would ask the Richard
Commission to examine these at length to disseminate
best practice.
78. Alternatively in some local authorities
the advent of the Assembly has meant the intervention
of AMs in local debates which often amounts to duplication
of effort based on principles of local political advantage
and potential interference in the legitimate role of
councillors. Some local authorities find themselves
in a growing "industry" of correspondence answering
the same enquiry from the public from a multiplicity
of political sources and tying up valuable member and
official time. The situation can occur that a member
of the public may address his or her concerns to the
local councillor, the local MP, the local AM, regional
AMs, and MEPs, potentially leading to a combined caseload
of anything up to 13 elected representatives.
79. In other areas we also see real areas
of conflict arising from differing levels of political
responsibility and a varying set of governing principles.
Planning is a salient example. Recently, there have
been examples of procedures followed by Councils being
seriously questioned by some Assembly Members not apparently
because they are wrong but because they may lead to
an approval of an application. It is important that
Assembly Members in representing some of their constituents
do not attempt to pre-empt the procedural decision of
either the Council or the Assembly by airing allegations
or views prejudicial to the proper process.
80. Major development proposals often generate
considerable public protest and the laws on planning
provide strict procedures for councils as Planning Authorities
to follow before they make a determination. In some
cases there are also grounds for the National Assembly
to ‘call-in’ an application and to substitute
the decision of an Assembly Committee, on advice, for
that of the Council. Again there are strict procedures
governing this and these are clearly set out in the
Assembly’s ‘Planning Policy Wales’. Caution
and discretion must be exercised by Councillors as reference
to the LGA publication "Probity in Planning" will confirm.
Indeed much debate has occurred in Welsh council chambers
about the presence of ‘open or closed minds’
to planning applications which show the rigours to which
councillors involved in development control procedures
must submit. While the Assembly role does not require
such standards it is obvious that the current situation
is in real conflict with local government responsibilities
and must be examined by the Richard Commission.
81. Taking account of the examples cited above
we propose that Richard Commission should build upon
the work of the National Assembly Advisory Group Report
published in 1998 which examined the role of Assembly
members. This should lead to the provision of some form
of job description outlining their core functions and
duties and the relationships and protocols they should
adhere to, particularly when focussing on local issues.
82. The WLGA would also argue that the
Richard Commission should examine the potential extension
of the Local Government code of conduct (that applies
to members of county and county borough councils and
town and community councils) to Assembly members. At
minimum the provision of common principles of conduct
across all political tiers in Wales would seem to be
vital to provide public assurance and minimum standards.
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