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COMMISSION ON THE POWERS AND ELECTORAL ARRANGEMENTS OF THE NATIONAL ASSEMBLY FOR WALES

MINUTES OF PROCEEDINGS

of the

EVIDENCE OF:

CBI CYMRU

held at

ST GEORGE’S HOTEL, LLANDUDNO

on

FRIDAY 28TH MARCH 2003

In Attendance

Lord Richard, Chair, Richard Commission

Eira Davies, Richard Commission

Huw Thomas, Richard Commission

Ted Rowlands, Richard Commission

Peter Price, Richard Commission

Sir Michael Wheeler Booth, Richard Commission

Paul Valerio, Richard Commission

Vivienne Sugar, Richard Commission

Sir Michael Wheeler Booth, Richard Commission
Dr Laura McAllister, Richard Commission
David Rosser, CBI Cymru
Robert Salisbury, CBI Cymru

PROCEEDINGS

Lord Richard

Thank you very much for coming. First of all we’d to ask you to identify yourselves for the purposes of the record and then if you would be kind enough to open up the subject of discussion, perhaps five minutes or so, then we can pursue whatever things we might think that would be helpful to us, if that's okay with you.

David Rosser

That's fine. Is anybody going to be asking questions in Welsh?

Lord Richard

Oh, yes, well, we may do.

Robert Salisbury

My name is Robert Salisbury, Chairman of the Welsh CBI.

David Rosser

David Rosser. Director of CBI in Wales.

Robert Salisbury

In answer to your invitation today to come and speak before you we have prepared some opening remarks which I thought I would express to you. I have suggested to Mr Rosser that perhaps a copy of that can be given to you afterwards. We've also made a response.

Lord Richard

That we have had.

Robert Salisbury

We've also had suggested responses to the actual questions which you kindly let us have. So again I would be happy to put that in afterwards.

Lord Richard

I think that's the one we have got actually.

David Rosser

We've made the formal submission or consultation document. We had some suggested lines of questioning to which we have further answers, which you don't have at the moment but you can have them later.

Robert Salisbury

So we thought we would pass that on to you after the meeting. By way of opening remarks I would like to say as follows, thanks for the opportunity to give evidence on this subject which is of special importance to business in Wales. The written submission, which has been approved by the CBI Wales Council – the elected body of CBI Members in Wales – who as you know determines the organisation of the Welsh policy position.
The nature of our comments to you today has also been debated at Council and, as a point, the CBI overall position on devolution in Wales was the subject of a survey of the entire membership and that of course accounts for 40-50% of the private sector workforce here in Wales. Our Members did state, and therefore I would like to clearly state, that CBI in Wales supports the process of devolution which, in the current settlement, has resulted in the establishment of the Assembly. We have also as an organisation allocated more resource to Wales – that's the CBI generally – by appointing a bigger staff than is normal to react to the new governance arrangements here. We continue to devote significant time and effort to working with the Assembly and its agencies to ensure that policy making in Wales receives input from the business community and to ensure that the Assembly has every opportunity to understand how its decisions are likely to impact on business and with what consequences.
More substantive now, to date we feel that the Assembly has not used the powers it already has to full effect and has shown a lack of clarity and urgency in decision making which needs to be addressed. We would stress this is not surprising for a young institution and would be more surprising if the Assembly was functioning at the very highest level. We feel this is a powerful argument to say the timing of this Commission’s work might be regarded as premature. It’s far too early on to review or countenance transferring more powers to the Assembly after one term. In addition, from the viewpoint of business we have reservations on the Assembly’s performance to date with regard to our business sector and to the economy in general. Whilst it is possible to debate the appropriate level of its powers as a separate issue from the Assembly’s performance, in reality the decision as to whether or when to allocate more powers cannot be divorced from an assessment of how those powers it has already have been used to date.
Lastly, we cannot stress strongly enough the changing reality of business mobility, the globalisation of markets and the lack of meaning of geo-political boundaries is to business. Business can and does move – it has many choices where to invest. Wales is too small an economy to provide a sufficient home market for our companies. Therefore there are significant implications of putting in place a business environment whether fiscal, regulatory or based on an infrastructure which differs from other competitive occasions. If we are to entertain the possibility of establishing a noticeably different business environment in Wales, we must be certain beyond all possible doubt that it will be at lower cost, easier, a more flexible business location, and that we do nothing which marginalises our business from the key UK, European and overseas markets. Against this background the CBI strongly argues that devolution of further powers to the Assembly is at best very premature. It’s fraught with uncertainty and possibly unnecessary.

Lord Richard

Thanks very much. Can I perhaps start? I notice that you said the Assembly is not using the powers that it has properly. Can you give us some examples of where the CBI thinks the Assembly is doing things that it should not be doing or not doing things that it should?

David Rosser

We think the Assembly has sufficient powers to make a real difference to the environment in which business in Wales has to operate and to date, we feel that the decision making in the Assembly has not made full use of these powers. In particular, we see their thoughts relating to the economy and economic development tend to be restricted to the economic development brief, the Economic Development Minister, the actions of the Welsh Development Agency. We have pressed long and hard for the other Ministerial portfolios; for example, transport, environment, education and local government to understand how they can take decisions which can improve the environment for business; therefore the Welsh economy; and therefore actually deliver what they aim for in the other social aspirations that they have. We don't feel that – I am trying not to use the word "joined-up Government" but it’s difficult. So we don't feel the Assembly has yet understood that decisions it takes across the whole piece can have an impact on business and the business environment.

Lord Richard

I see the general point that you are making. Can you be more specific? Saying education did this and should not have done?

David Rosser

For example, the way in which the Assembly has tackled the Objective One process in Wales.

Lord Richard

What was wrong with that?

David Rosser

It significantly is not delivering for business, it’s not delivering the results for the economy. The way in which it is about to set up processes have effectively cut out the private sector. It's incredibly bureaucratic. It’s been driven by an ideology which says that bottom up decision making is the only way to do it, that reducing decision making to the very local areas is a good thing to do. It has taken that to the extreme, in our view the overall aims of the programme will not be delivered. We will not get the benefit to the Welsh economy or the funding that is there. That is one example where we think the Assembly has powers and budget to make a real difference.

Lord Richard

What is it that you actually want them to do on this?

Robert Salisbury

On Objective One?

Lord Richard

You have talked about methods of consultation.

David Rosser

On Objective One specifically, we would strongly argue that the Assembly should take a rather more of a top down strategic approach to the way that it implements and delivers Objective One funding rather than what it has done to date, which is very much a bottom up piecemeal approach.

Dr McAllister

If we stay with that for a moment – the Objective One case. Could you explain to us the extent to which business does feed into the existing Objective One management programmes and because there are local partnerships, for example, one would imagine business does feed into that. Secondly, you mentioned that you felt the Assembly was adopting a bottom-up approach, but from my understanding of the management of Objective One there are very strict constraints in terms of how they can manage the programme which comes from the Commission and to what extent do you blame the Assembly for that or the European Commission itself?

Robert Salisbury

Dave?

David Rosser

Theoretically, business is involved in Objective One and other processes. In practice I don't believe it is. I certainly don't believe it is making a real difference. The principle is the theory. In reality, I think if you look at a number of the individuals who represent the private sector, one could question the sector that they represent. I don't really mind that. I think if you looked at the actual attendance at many of these partnerships meetings, as opposed to who is actually on the partnership, you would probably find that the attendance by the private sector delegates is relatively poor. The business experience of bodies participating in Objective One is not good. They find the process is cumbersome. They find that when they do turn up, their ability to make a difference and to have an impact is swamped by the sheer numbers around the table and by the processes themselves. I think you’ll find business is very quietly disengaging from the processes. I’m still being asked for business representatives on various structural funds partnerships. It’s getting next to impossible to find business people to do that.
Is this the Assembly 's fault or is it the Commission’s? Yes, I fully accept that the Commission said that the programme would be delivered in partnership. The Commission did not say that we had to have up to 50 partnerships to deliver this. The decision to do that was one that we took locally here in Wales. It’s one, which to our mind, has increased the bureaucracy of the programme to such an extent that it will not deliver as much as it could have potentially.

Dr McAllister

Did business feed adequately into the single programming document in the first instance, which would have set the tone for much of the management of the programme?

David Rosser

That was before my time in the post. From speaking to predecessors I believe that business made every very effort to do so, and was heavily involved in the lead up to the single programme and document. It happens in a number of areas that you are very well consulted, you are involved. But somehow the outcome of your involvement never seems to quite match up with what you thought had happened during the meetings.

Robert Salisbury

Could I throw in something there, that you will forgive me, I am merely the Chairman, I am only a figurehead, I am here out of respect to your Committee, but I do have as a local solicitor quite a lot of experience of what happens on the ground. I could turn round your question and perhaps you could show us some examples of what the Assembly has achieved?

Lord Richard

We're not here – I'm not going to defend the Assembly.

Robert Salisbury

I know that, but if you like it’s a negative definition. I can't think of one thing that the Assembly has done in pretty much anything. Example, Objective One, you are right that if you look at Objective One it was sold to the public as being the panacea for all our economic ills. The truth of the matter is that you can only have the money for certain specific reasons which all seem to be local authority led. I for one cannot think of one instance where a private company has benefited from the Objective One. Perhaps it has been given some work but there is no funding for private companies at all.

Ted Rowlands

May I as someone who sits on one of the local Partnership Boards partially refute the assessment you are making. I can see why you are making the statements, but just draw attention to the Partnership Board that I have sat on. Through Objective One we have now given the local Borough Council enhanced funding to support its business backing to companies. I have heard from local business that they have gone for the Assembly grants, simple and rather unbureaucratic and drawn down quite useful funds in support for business.

David Rosser

I think the delivery of some of the investment grants is one of the areas where you can say it has been a significant improvement.

Ted Rowlands

You would accept that that has?

David Rosser

I would accept that. We're not here to say that the Assembly has done nothing for business. What we're here to say that is the Assembly has a range of existing powers which we feel can be used better than they are currently being used; it would be stupid to say there is nothing being done.

Ted Rowlands

Regional assistance has been one of the good points.

David Rosser

Yes I would agree with that.

Lord Richard

What are the bad ones?

David Rosser

There are areas - I think the Assembly has failed to deliver the general business support programmes to small business. It’s still a mess. Still trying to be dealt with by the DWA and here we are four years into the Assembly and I think coming up two years since it did a full review of the business programme. I think the Assembly has not taken very many decisions which have made the situation worse for business. Our point is that there are many decisions/joined-up policies that it could have taken which it has failed to do so far.

Tom Jones

What about agri/foods section where the joined up work seems to be successful where DWA links with up small rural groups in adding value to Welsh products?

David Rosser

That's not an area I know much about.

Lord Richard

The brief of joined up government – cement is a good thing for building buildings but we don't know what sort of building you have got in mind. I am trying to explore it with you.

David Rosser

I can remember one instance when the CBI has a seat on the Assembly Transport Forum, which to me was instructive. We are very pleased to do that. Transport is a major issue for business in Wales. My colleague who holds that seat and attends came back from yet another meeting screaming that they had been talking about cycle paths for 2 hours. We went along, I did little more than take the Assembly 's aims and aspirations out of winning Wales, put those up in the screen on the wall and explained to the Assembly's Transport Forum and the Minister how they could take decisions which would help to deliver the Assembly 's own aspirations. If you want to internationalise Welsh business, how about doing something with the airport? If you want to get value added business and access to external markets is an issue, so travel to market times is an issue. What are you going to do about that?
One example of where we could have seen it – and another example –has been identified by the CBI across the UK, not just in Wales: the planning system in the UK is a major business investment: We have lobbied as an organisation long and hard to do something about that. We now see Bills going through in Westminster and the Assembly as well as in the forward plans to address the planning system. In England we believe that one of the problems with the planning system is that the local authority have a target to determine a certain percentage within a certain period. So all conservatory applications get determined and industrial ones fall into the percentage that don't get dealt with. In Wales our understanding at the moment is that is going to be deemed to be too difficult for local authorities to deal with so we went–

Lord Richard

Is any of this a question of the Assembly not having the powers to deal with it?

David Rosser

No.

Lord Richard

The planning decisions surely, or the reforming the planning system. I mean, is it within the Assembly 's powers in Wales to do that?

David Rosser

Yes yes. At the moment it looks like we are going to put in place fewer and fewer provisions than is being put through for the primary regulations for England.

Ted Rowlands

Were you consulted on the Welsh provisions for the Planning Bill?

David Rosser

Yes.

Ted Rowlands

There is a section in the new Planning Bill which is entirely Welsh, which is different from the English. Did you object to those differences? Did you find them offensive to business?

David Rosser

We have made those points. We have a seat on the Planning Forum as well. To its credit, the Assembly is very inclusive, it seeks to involve business and take business views. That's not a problem. That is a distinct improvement post-devolution. That reflects CBI’s basic position, which is that we are happy with devolution. The point we're trying to make is that the outcomes to the consultation, the nature of the decisions we have taken which have an effect on business are not yet at the level we would wish to see and we would wish to see them used.

Lord Richard

The planning thing. In a sense it is quite sort of important and what this Commission is trying to look at. You need primary legislation in Westminster, don't you?

David Rosser

There is primarily legislation going through in Westminster.

Lord Richard

I know there is, but in order to get it for Wales you have to have primary legislation going through in Westminster.

Ted Rowlands

Do you object to the difference? You want the English model?

David Rosser

Yes. We actually feel that a more user-friendly planning system, much of it I understand is guidance implementation rather than primary legislation. We actually think the planning system can be a competitive advantage for Wales, that by more joined up working between the Assembly and the local authority, we can deliver that. At the very least we would like a planning system that matches that in England. We have a fear that we will end up with something which is slightly less.

Peter Price

If one looks at the picture you are painting, the great plus is greater access; the great minus is what is coming out of the process. That's the picture you are painting. In which case, given that you have this much greater access, that is an opportunity for influence that did not exist before, what's your strategy as the CBI for having the maximum input on the outcomes?

David Rosser

We had access before, clearly the access was through a different route, we had good relations with the Secretary of State, the CBI has a great deal of access and reasonable amount of influence with the legislation process in Westminster. There is–

Peter Price

But you are saying it is now greater. You are consulted over more issues, more of the time?

David Rosser

We are consulted in Wales on more issues more of the time. CBI has always been consulted on decisions in Westminster. We're not complaining about the level of access, about the level of openness or about the level of consultation, the method of consultation. Our strategy for trying to influence the Assembly decisions pro business, we are doing the one thing which is the obvious thing to do; we will respond to the consultation as they come out, certainly on those matters which are priorities for business.
It has improved over the last 12-18 months, involved them as a pre-consultation phase, either formally through sitting on working groups such as the Transport Forum, the Planning Forum, we have brought groups of CBI Members together informally to enable Civil Servants to come out and test their thinking with us. We formally meet with Ministers individually. The First Minister, the Permanent Secretary and the Secretary of State have all been to the CBI Council to meet Members to take questions. The individual subject Ministers will come to the relevant CBI Policy Committees probably at least once a year, so the Education Minister and the Environment Minister have been to the CBI Wales parts of the committees. We have given evidence to the relevant Subject Committee, to the Assembly. Equally we have programmes of activities with the opposition parties.

Peter Price

The complaints that you are making are in a way that you have got too much going on across a very wide waterfront and that it’s not having enough impact on the really big decisions. As you described, it is a picture of a CBI strategy of indeed conducting itself across that waterfront as far as it can, but not getting a picture that you have identified a few key priorities and ways of communicating those priorities so that they are seen to be the really important things that business wants in Wales and would promote economic development in Wales and really pushing those messages through a few key channels repeatedly.

David Rosser

We have done precisely that when the Assembly strategy was produced – what about 12/13 months ago now – despite having been heavily involved in the process, as we were not happy with the outcome. We did identify four key issues which the Assembly could tackle to help the economy in Wales. They were the planning system, transport infrastructure, learning and skills and research and development. I think we made every effort to communicate those to the First Minister, to individual Assembly Members and the other Ministers in the Cabinet as being the four key issues which the Assembly should tackle that were most likely to make a difference to the Welsh economy.

Peter Price

Do you see Wales as an opportunity rather than the other way round, that there are dangers of difference, which is perhaps the dominant message in your written statement, dangers of difference set out here? Turning it round the other way, do you see opportunities through difference that you could have a more business-friendly environment in Wales, and is this something that you would set out as an objective?

David Rosser

I think that the opportunities exist through alternative solutions for an economy of the size of Wales to make a real difference, which is why our starting point is that we support the process of devolution to date. I think that if we can deliver a dedicated and skilled work force, which is in tune with the needs of business and commerce, then that will make a real difference. I think if we can come up with a planning system which makes it easier to invest in development in Wales and in other parts of the UK that can make a real difference and positively differentiate Wales on the R&D front. If we can get our universities working more closely with business in Wales and a number of businesses outside Wales then, yes that can make a real difference. Our contention is that the Assembly has the powers already to make a real difference in those areas.

Ted Rowlands

You have got the full-blooded Parliament in Scotland. Has CBI Scotland found that your concerns and your fears about the Welsh Assembly becoming a Parliament, have those fears been realised in Scotland from your Scottish contacts?

Robert Salisbury

We have had a paper from the CBI Scotland. I fear that their views are very similar to our own. There are unhappy about the way things are going. I am sorry to appear so detrimental to everything. Fair play to David, it is so very difficult for us to – it’s not personal views, it’s business. In Scotland it’s exactly the same. Scotland has got the tax-raising powers. All I see is that the Commission is not delivering or the Scottish Parliament is not delivering, that sounds so very negative here because you asked for examples but I can't think of any examples where it has gone well. David has mentioned the planning. As a lawyer I know that it’s all about fairness and everybody having their right to speak. But that often destroys business. We have a case here in North Wales where a ton of cement – a company who have tried to build a large cracking tower in their cement works in Mold, have gone through a 5-year public inquiry. The cement works have been there since the war.

Ted Rowlands

That's nothing to do with devolution.

Robert Salisbury

It has the planning permission, now there are other environmental issues and the investment because it’s a German company they could well be taken away because of the delay in the planning system. The Assembly has the power to control the planning system. It has planning powers. So we call upon them to expedite matters because business decisions cannot wait. It might not be happy but business decisions can't wait 5 years. The world has passed you by.

Tom Jones

That reflects I think a growing interest/concern in environmental issues across Europe and the world.

Robert Salisbury

But if we say we won't bother with the cement works, that’s 100 jobs.

Tom Jones

Are you saying that same application would have been dealt with a lot quicker 50 miles east?

David Rosser

On the Scottish point first of all, my colleagues in Scotland believe the same as in Wales; the Parliament in Scotland has done nothing to really damage the business but has not delivered anything to make it that much better.

Robert Salisbury

We've had a quote from the CBI Member which might go well on the record because we have been told by the Scottish CBI, matters post devolution are very much in their infancy. The various institutions of Government appear to be at different stages in accepting their responsibilities for creating the necessary infrastructure and environment for Scottish business to flourish. Anthony Cork observes the Scottish Executive as having a willingness to engage in consultation with business organisations and providing appropriate and constructive access to Ministers and officials. While the challenge for the Scottish Parliament is to convince the business community that it similarly realises the advantage of close partnership. That's mirroring–

Lord Richard

How much of that is mood music, atmospheric, and how much is hard decisions taken on–?

Robert Salisbury

You are here for examples. It’s so hard to give examples. I know all lawyers, especially QCs, look for examples. You are condemned by your own profession, Sir! ELWa. Four years. I think we've had three or four presentations to various Committees, what do you want to ask us? The business message is we always want well-educated children or young people to come out and work in our industries. We want them to be able to read and write and to be able to communicate, also, have a bit of commons sense. I don't think those have changed since I was a boy. As a solicitor I don't see that’s what's coming out of schools. Everybody tells me, I read from the Government, so that's a Westminster thing, it’s really going well. They have never been better. Well in the workplace that is not the reality that I find. I mean you all know from your own experiences, where are the young men who used to be sporty? I can't find a rugby player to join my firm.

Dr McAllister

Are you looking for a rugby player?

Lord Richard

You can’t blame the Assembly for the Welsh rugby team.

Robert Salisbury

What I blame is the education system, that we're not producing the young people, be it boys or girls, in whatever level of sport. We could play rugby. You learn to take a knock. This is common sense. But we don't have sport in our schools like we used to, this is competition.

Lord Richard

You can't blame the Assembly for that.

Robert Salisbury

I blame the Assembly for not realising that it’s not going well and they should do something about it. They shouldn't come to business and say what do you want to us to do. We have told them and they are not doing it.

Lord Richard

What you have done is given them objectives. You have said what you want to.

Robert Salisbury

We're asking them to deliver.

Tom Jones

You have got business people in ELWa.

Robert Salisbury

Indeed we have but we can't make them do it.

David Rosser

Business representation in various areas of ELWa is patchy. If I give you one example: community consortium for education and training. This was not just business of the business community, CBI made points very clearly at the outset that setting up of the these broader driven groups is not the best way to match the provision of training to the needs of business and the needs of employers generally. Certainly, the setting up of CSETS by locals of the area was precisely not the way to go. I think all the business organisations made that point very very clearly.
We now have 22 CSETS, one per local authority area, they have no occasion to travel to work areas which strikes us to be the only logical basis on which to try to match skills provisions with skills needs. As a result of that it's been exceptionally difficult, if not impossible, to get business people to sit on CSETS and to contribute. They are seen as dominated by local authorities and by providers. So it’s not a question of business not being wanted, not having the opportunity to participate in these. But the structures and processes are being set up and were guaranteed to ensure that business won't participate and individual business won't participate. This is a concrete example.

Tom Jones

Part of the issue is capacity building and helping members to contribute fully to these meetings. And would you explain to us, in paragraph nine is the Wales Social Partners Unit limiting an attempt by the Assembly to support CBI. Is that what it refers to?

David Rosser

Yes.

Tom Jones

Capacity building fund.

David Rosser

I Chair the Social Partners Unit currently. This came out of many discussions between various business organisations, again not just the CBI and the Assembly and on the issue of consultation and capacity in the business community. We were hoping that it would streamline the consultation process – it didn't quite achieve that. But what we did achieve was the Assembly saying we will put something in place to help the business orientations to cope. It’s been appreciated. It’s made a difference.

Tom Jones

So you welcome that?

David Rosser

We welcome that.

Tom Jones

How much funds does it have?

David Rosser

It is adequate for the task that we want at the moment.

Tom Jones

That's a step in the right direction. What about the Partnership Council? Can you explain how that is working? How effective it is?

David Rosser

It’s probably general agreement that's it not terribly effective at the moment; if you were to ask the Assembly they would say the same thing. Its not our most effective means of trying to lobby influence. We would much prefer a direct meeting with individual Assembly Ministers and First Ministers rather than large public meetings with many different political parties represented on the business partnership councils. Sometimes party politics would come into it.

Tom Jones

I sit on the voluntary sector one. We have moved by insisting on things like regular meetings with the individual Ministers. You mentioned the need to be able to influence the Environment Minister, the other portfolio Ministers and we are able to achieve annual meetings with the groups that have specialist interest in those works and then hold them to account, to have inputs in the budgets the Assembly set. Have you been doing work to try and deepen your influence?

David Rosser

We regularly get other Ministers attending voluntary Council. Attendance is not a problem but we don't feel yet that the Business Council, Partnership Council is making a real difference or achieving anything. I think it has taken a while for the business community to get its act together. Devolution is new for us as well. We are having to learn.

Tom Jones

Perhaps in four years time – do you think time itself will actually improve the quality of its work?

David Rosser

I'm not convinced, but it’s an aspiration – we're all working towards it.

Tom Jones

Further on again you refer to this about what is a confusion, about what is a UK budget which is perceived as an England-only budget which means that funds that are available for organisations in Wales are not taken up by organisations in Wales. Apparently the confusion comes from devolution in the sense that people look to Westminster then to Cardiff, then it is sometimes not delivered. Just examples of where you think Wales has missed out.

David Rosser

There are 2 issues there. Areas where funding is transferred to the Assembly over and above the block grant to match announcements made in England. So for example the Chancellor has announced funding for encouraging small business to take up investors in people which is an issue that CBI strongly supports. An equivalent sum to the Barnett Formula was transferred to the Assembly which went into a pot and a year later I have the Chief Executive of Investors in People knocking on my door saying, ‘What can we do? Wales is falling behind in investors in people.’ That’s clearly a decision for the Assembly but one which we regret, the fact that they have not released that money for investment in people take up in Wales. Another issue is one where a scheme is launched at a UK level, which applies equally to Wales. It’s not transferred to the Assembly.

Tom Jones

For example?

David Rosser

For example the DTI Partnership for Work Fund which is to assist businesses to put in place partnership working arrangements to improve productivity, etc. There is a DTI fund – business organisations in Wales are welcome to apply for it. The issue there seems to be often uncertainty, people think that something the DTI automatically does not apply to Wales because the country is devolved, isn't it? On the other side I sense a reluctance on behalf of English headquarters of UK organisations to start dabbling in Wales because they think they muddy the water or treading on toes. There is an over sensitivity to the alternative devolution issues. Again we are now working with the TUC and ACAS to try and get Partnership for Work Funds better taken up in Wales. That clearly is not the fault of the Assembly. It’s a side effect of devolution, one which I think is real.

Sir Michael Wheeler-Booth

You are regretting that you were being negative. When we were in Scotland we were told one of the troubles with devolution here has been that everybody thought there was going to be a brave new world. Suddenly light would dawn, beautiful governance, all the rest of it. The truth is things are not like that. Don't you think there is an element of that here with you?

David Rosser

I doubt the CBI ever thought it would be a brave new world!

Sir Michael Wheeler-Booth

I put it in rather highly coloured words, but his was a serious point that was put to us repeatedly in Scotland and it struck me listening to you. The second point I would like to put to you: you say you are negative but in fact there are two points in this paper which are quite positive. The first is in paragraph 13: "Additional power we consider should be provided to the Assembly, the power to restructure local government as many examples of lack of strategic plan", etc. "stems from the number of all purpose local authorities". That is quite a big proposal, isn't it? Quite, well, I mean you describe yourself as being entirely negative and you are saying that.

David Rosser

Well, I think it probably stems from something which may be taken as negative. We have no stated aspirations for local authority government reform in Wales. But I have to say we have evidence from our Members to the extent that many of them, commented on previously, that we have two many all purpose local authorities in Wales many of which just are too small to fulfil their purpose and functions. We think Wales would be served better by fewer, better quality local authorities. Planning is an absolute example of that where some local authorities are too small to have the professional Planning Department that they need. The impact of having to too many local authorities is magnified by the Assembly 's insistence of delivering many priorities with a bottom-up approach. Local decisions taken by local people are by definition local, therefore we have 22. So we have 15 Objective One local partnerships, etc. It does not strike us as the best way of proceeding to strategic decisions. The business community is trying to respond to the open welcome to get involved. We are pleased that there is an open welcome, but for the business community to respond to this plethora of activity is next to impossible. We think the Assembly does not take a robust enough position on behalf of local authorities. One of our Members suggested the local authority is often used as a ‘Get out of jail’ card as a reason for not doing something, that might explain that comment, a rather tongue in cheek comment.

Ted Rowlands

Could I ask you about paragraph 17. You say: "In respect of the existing powers…and legislation we would welcome clear procedures for…legislation by Parliament and National Assembly for Wales." Detailing your experience of the clauses in the Planning Bill as a most recent example – how were they not clear?

David Rosser

Our response to this was drafted by a constitutional lawyer.

Robert Salisbury

Not me.

Ted Rowlands

Is it quite central to some of our considerations about the whole question of the co-legislation model that we have or might have? If you can't answer it I would be grateful for fuller elaboration. Take again, dare we ask, we want illustrations. The Planning Bill is a good example, it’s a recent one and you have been involved in it. In what way was it not clear? In what way would you seek to improve it so that this joint processing could be more effective?

David Rosser

I would prefer to get a proper response.

Ted Rowlands

Did CBI pitch in at the Westminster end? You pitched in it that end. Did CBI pitch in to get the views expressed during the opening of the Planning Bill clauses at Westminster?

David Rosser

Yes. We will obviously respond to the planning Bill in Westminster because it effects CBI Members across the UK. We will make comments in Westminster as to what we believe the devolved position will be.

Lord Richard

The general impression I am getting is that the CBI have certain things that they want, like reforms to the planning procedure, reorganisation of local authorities, less bureaucracy. You are being drowned by people asking you to go on consultation boards. You don’t really mind how it’s done. Whether it’s done thorough the Assembly or whether it’s done through Westminster or partly through Westminster or partly through the Assembly. Is the real problem you don't trust the Assembly to do it?

David Rosser

Correct.

Lord Richard

It’s not a question of structure, if you thought the Assembly could do the job you would like them to have the power to do it?

David Rosser

That is our view.

Lord Richard

Can you answer that?

David Rosser

Our view is that the Assembly is not by instinct or by nature…..

Lord Richard

To what extent would you attribute that to the character of the Assembly Members themselves in terms of their previous work experiences on–

David Rosser

Largely, I think, also at Civil Service level there is not a great enough understanding of business and economic matters of the way business thinks and works.

Lord Richard

Can I come back to the question, which was if you thought the Assembly could do the job in a pro-business way presumably you would be in favour of giving them powers to do it?

Robert Salisbury

The answer to that is, yes of course we would.

David Rosser

We want to see some evidence of that. Robert’s initial comments were to use the word premature.

Lord Richard

I appreciate that yes. Let me follow the thoughts through. So what you are saying is you don't really have fundamental objections to the powers of the Assembly being changed. It's that they would not be capable of using them properly if they have additional powers?

David Rosser

I don't think you can separate those two out.

Lord Richard

You can.

David Rosser

We would not agree with that.

Robert Salisbury

We would – the answer is yes.

Lord Richard

I thought you had agreed to it? So what you are talking about is your view of the quality of the Assembly?

Robert Salisbury

We want performance. What we want them to do make it a prosperous Wales. We are doing our bit from business, we do try to contribute and answer all the questions but we want performance by the Assembly to actually achieve things. That's why I was saying you are asking me for examples and I can't give any because–

Lord Richard

But if you had got indications of that performance, which is the Assembly did things that you thought were good, then presumably you would be in favour of it having greater powers?

David Rosser

If we were sitting here in 10 years’ time we might be coming up with a different answer.

Lord Richard

It’s a question of principle not timing.

Robert Salisbury

That's right. That must be right.

David Rosser

But nonetheless we would be strongly opposed to any transfer of powers now. Timing is important. Evidence of performance.

Ted Rowlands

You are saying, as most other witnesses have to us, that the process of consultation since devolution and the involvement of people in Wales in policy formation has improved; it is more open and inclusive.

Robert Salisbury

We do have more opportunity in and access to consultation. Whether we are listened to is another thing.

Ted Rowlands

At least getting the opportunity.

Robert Salisbury

That was embodied in the Act.

Ted Rowlands

That’s improvement.

David Rosser

The CBI did not suffer for a lack of–

Lord Richard

The Secretary of State is sitting in Cardiff.

David Rosser

To influence–

Lord Richard

What's being devolved are the powers that the Secretary of State had. It’s not a question of–

David Rosser

My understanding pre dates me. We had relationships with–

Ted Rowlands

They were Conservative Secretaries of State before 1997 for 18 years. The Conservative party was seen as sympathetic to business.

Robert Salisbury

That would be right. There is an issue to the side, I was at the Wrexham Science Festival yesterday, the point was made by Digby Jones that there is suspicion in many parts of business and they think that we are all thieves and vagabonds trying to impress the working classes, the example was given that in Coronation Street the murderer was a business man.

Peter Price

That prompts me to ask about paragraph 2 and the figures that you have got there. You have got figures of 40 per cent of respondents thought the Assembly was business friendly whilst 43 per cent thought it was not. The impression that I have got from statements by Digby Jones and others is that the perception of the UK Government would be more adverse than the 40/34 split that you have here. Have you figures of CBI/UK-wide surveys, what they show on a similar basis? If you don't have actual figures would you think that my impression is right – that the figures would be more adverse than 40/34?

Robert Salisbury

Perhaps I could answer because I sit on the Committee of Chairman from time to time. That would be a right statement on your part because certainly the north-east is fighting tooth and nail not to have a Regional Assembly. The view of all the English CBI is not to have a Regional Assembly.

Peter Price

If one looks overall at what your Members want for Wales in terms of Government structure, 70% in your survey wanted existing or more powers for the National Assembly and only 29% wanted a reduction.

David Rosser

You could say 70% wanted existing or less. Interestingly that was a survey of the entire CBI membership. I think that we were surprised and pleasantly surprised by the positive answer to that, to the business friendly or not question. We were all also very pleasantly surprised by the level of engagement there would be between individual Assembly Members and business in their area. The view of the CBI Wales Council, which is our elected group of 40-odd members which governs the CBI in Wales, would probably be a little less positive than that. By and large, those members are the ones which will have been involved with us in the detailed policy process and working with the Assembly on policy issues. That's actually quite interesting. I also have had many comments prompted from members in Wales who say that they get depressed by some of the tones used by some our politicians, the tone of words used by some of our politicians towards business. Particularly when you enter the realm of business involvement and the delivery of public services, and Members who have said that they find it far easier to do business with the public sector in England than they do in Wales. BPI is a major part of that. That is a concern to us, which on the face of it again seems primarily somewhat at conflict with the results of our survey, but nonetheless it’s a comment that I do get frequently.

Tom Jones

You mentioned the Regional Assemblies. If there were Regional Assemblies for England with powers similar to the Assembly’s powers, would you be concerned about that in terms of competitive advantage?

Robert Salisbury

That's a very clever question because, of course, Wales has done very well by having an Assembly. Although we had the board before in the WDA, which has been such a success. It’s that success which is often regarded with envy by English districts and of course where does it all fall out, because we would all be competitive with one another for inward investment, etcetera. I can tell you that the main fear, it’s been touched upon here, the main fear of the Chairman from other areas in England is that it would be become another talking shop. That's what the are saying, just another layer of Government which does not achieve very much.

Lord Richard

Well, thank you very much indeed. That was very interesting and revealing.

Robert Salisbury

Thank you very much.

Lord Richard

You will let us have that additional statement?

David Rosser

Yes.

 

 

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