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Richard Commission

The Powers of the National Assembly for Wales

Issues and questions for consultation for evidence session, Hilton Hotel, Newport 22nd May 12 – 1.30pm

WWNC’s Response

WWNC is an umbrella group for women’s organisations (and organisations consisting mainly of women) in Wales. It has a large and diverse membership of over half a million women including, for example, the National Federation of Women’s Institutes in Wales, Mewn Cymru and the Royal College of Nursing. The membership has taken as its three key themes :-
  • Women in Public Life
  • Violence Against Women
  • Work-Life Balance

WWNC is particularly pleased to respond to the Richard Commission at a time when a world record has been set and the Welsh Assembly is the first legislative body with equal members of men and women.

1. The Commission’s approach

In what practical ways do the powers of the Assembly, or the limits on its powers, impinge on you, your organisation or the people whom you serve and what are the best examples of this from your point of view?

WWNC is funded by the Promoting Equality Grant of the Wales Assembly Government, currently until June 2004. The powers of the Assembly impinge on it both as an umbrella group and in relation to issues specific to member organisations.

WWNC as an umbrella organisation
  • Some lack of clarity as to whether equality is a totally devolved issue. S 120(1) of the Government of Wales Act refers to ‘the Assembly shall make appropriate arrangements with a view to ensuring that its functions are exercised with due regard to the principle that there should be equality of opportunity for all’. This is an historic clause but the responsibility for primary legislation remains with Westminster. In practice, the Assembly has trailblazed many equality initiatives but there are concerns, amongst some groups that having ‘due regard’ to equality is not as powerful a tool as ‘promoting’ equality.
  • Some confusions over the role and themes of the Women and Equality Unit and the all-UK funded Women’s National Commission

For members
The lack of legislation specific to Wales, - or an understanding of the Welsh dimension affects eg.
  • Long term care for older people
  • Public appointments
  • The possible closure of post offices as a result of changes in Benefits Agency payment arrangements and the problems of the Post Office Card Account
  • Domestic violence

2. Powers of the National Assembly

Does the Government of Wales Act provide the Assembly with the powers it needs to operate effectively and meet the expectations of the people of Wales?

whether, and if so how, the powers should be extended, strengthened or changed and whether they should include tax varying powers

The low turn out at the May 2003 Assembly elections is, perhaps, an indication that the Assembly does not excite all the people of Wales, leave alone the women. WWNC believes that there should be an evolutionary process whereby further legislative powers should be taken by Wales. Specifically Welsh expectations need responses that take account of the UK context, but meet the concerns of Wales. Possible tax raising powers should be part of this evolutionary process.

3. Structure – Working Arrangements of the National Assembly

If the Assembly were to acquire greater law making powers – is it inevitable that it would need to be reconstituted on the Parliamentary model?

If so what organisational changes would be needed to support this model and what would be the gains and losses from making this change?
The Assembly has already moved from the local government/corporate model with the creation in 2001 of the "Welsh Assembly Government" and the Presiding Office. The pros and cons of moving further towards or away from the Westminster Parliamentary model need to be clearly stated and debated by Wales at large, to ensure that the final model is not just something that ‘emerges’ from the bowels of the existing Assembly Government. It is probably safe to say that most women in Wales are not aware of the current structures and do not see them as being relevant to their lives.
4. The relationship between the Assembly in Cardiff and the Parliament at Westminster
Wales seems to have been singularly unsuccessful in getting Wales-only bills (e.g. the NHS Wales Bill) and to have made its policy decisions negatively – eg. No foundation hospitals in Wales.
WWNC thinks that there should be a law making process, which allows Wales to make its own laws, where there are issues specific to Wales, but continue to work with Westminster where a cross-UK approach is relevant.
The advent of primary legislative powers would produce a need for an enhanced scrutiny process. In other words, more AM’s and fewer MP’s – possibly regionally based, as are MEP’s.
The current Labour/Labour configuration will not always be the case and there will be a continuing need for representation at Westminster, particularly if devolution to the English regions is pursued.
5. The Role of the UK Government and the Secretary of State for Wales
WWNC thinks there is a need for continuing role for the Secretary of State, even given an increase in primary legislative powers. Wales needs as many voices at Westminster as possible.
6. Relations between the Assembly and Whitehall
There is already separation between England and Wales in policy development and implementation. WWNC believes that this should accelerate and is part of the development of a Welsh identity.
7. The financial context
WWNC has no specific response to these questions.
Final comment
WWNC works with its partner organisations – Stonewall Cymru, Disability Wales and the All-Wales Ethnic Minority Association. It believes that any constitutional arrangements for Wales should recognise these existing "equality strands"; the emerging focus on religion and age, and the paramount importance of the Welsh Language.