Commission on the Assembly’s Powers and Electoral Arrangements

Terms of Reference

The Welsh Assembly Government’s document Putting Wales First contained a commitment to

establish an independent Commission into the powers and electoral arrangements of the National Assembly in order to ensure that it is able to operate in the best interests of the people of Wales. This review should investigate inter alia the extension of proportionality in the composition of the Assembly, and of the relevant competencies devolved.

The Commission’s detailed terms of reference are as follows.

Assembly powers

The Commission should consider the sufficiency of the Assembly’s current powers, and in particular

-  whether the Assembly’s powers are sufficiently clear to allow optimum efficiency in policy-making;

-  whether both the breadth (ie the range of issues over which it has control) and the depth (ie the capacity to effect change within those issues) of the Assembly’s powers are adequate to permit integrated and consistent policy-making on issues where there is a clear and separate Welsh agenda;

-  whether the mechanisms for UK Government policy-making as regards Wales, and the arrangements for influence by the Assembly on these, are clear and effective, and in particular whether they correct any apparent shortcoming from the previous item;

-  whether the division of responsibility between the Assembly and the UK Government places inappropriate constraints on Whitehall policy-making, both on matters over which the Assembly has control and otherwise.

The Commission should consider any possible financial implications arising from the implementation of its proposals.

Electoral arrangements

The Commission should consider the adequacy of the Assembly’s electoral arrangements, and in particular

-  whether the size of the Assembly is adequate to allow it to operate effectively within a normal working week, and without placing undue pressure on Members;

-  whether the means of electing the Assembly, including the degree of proportionality, adequately and accurately represents all significant interests in Wales

-  whether any changes which may be recommended to the Assembly’s powers make either necessary or desirable changes to the size of the Assembly or the means of electing it .

Report

The Commission should report on its deliberations, including its recommendations on the above matters, by the end of 2003. It may make interim reports or recommendations if it sees fit.

Procedural matters

The Commission is to be free from any influence from either the Welsh Assembly Government or the Assembly as a whole. It shall determine its own agenda and priorities within these terms of reference.

The Commission may determine its own working procedures. However, it should:

invite oral and/or written evidence from any who wish to provide it;

accept such evidence in either English or Welsh;

meet in public unless those giving evidence request otherwise or unless, in exceptional circumstances, the Commission resolves to meet in private;

publish periodic accounts of its proceedings and evidence received.

The Commission has no power to compel any person to give evidence or to see any documents other than those available under the Assembly’s freedom of information policy or similar equivalent regimes.

Secretariat

The Commission will be supported by a Secretariat comprising seconded Assembly civil servants.