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Llywodraeth Cynulliad Cymru Hafan * Newyddion * Aelodau * Ymgynghoriad * Rhestr o Ddigwyddiadau * Rhestr o Dystiolaeth * Cwestiynau Cyffredin * Safleoedd Allanol
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Commission on the Powers and Electoral Arrangements of the National Assembly for Wales.

Evidence by Professor Kevin Morgan, 26 September 2002, National Museum of Wales, Cardiff.

LORD RICHARD:  I think we're starting with a precedent of being five minutes late. I hope we'll observe Parliamentary style and start when the hour is fixed and adjourn at the hour proposed. Can I say two or three things at the outset. Some practical things first. As much of our deliberations as is possible we will clearly have in public. It's very important that the people of Wales should be involved in these discussions and we will take steps to ensure as best we can that they are. Secondly, as far as witnesses giving evidence in front of us are concerned there is a translation unit here if people wish to speak Welsh there is no problem about that whatsoever. As far as the Commission itself is concerned I really think I'd like to make just three points to start with.
First of all, this is a serious examination of the relationship between Cardiff and Westminster. We know what the background has been to the establishment of that relationship. The Assembly has been in existence now for some years. What I think we have to do, one of our main tasks, is to examine that relationship in almost a brutally practical way. We ask ourselves the question: how is the Assembly working given the powers it has at present got?
That then leads on to the second question which is: looking at those powers, are they the right ones or do they need amending, and if they need amending, how do they need amending, and what is the likely result of any particular set of amendments to those powers?
Thirdly I think we've got to look too at the cost. I don't think one can look at great constitutional events in the abstract. I think they have to be pretty solidly founded. The finance and cost is one thing that we are clearly going to have to examine. I fear that we're going to have to look at the Barnett formula, I don't see how we can avoid doing that much as I would like to. It's perhaps a formula of almost Proustian complexity, but there we are, if it has to be done clearly it will have to be done. We will do it with thoroughness and determination. I think it's also right to say that the members of the Commission here today are quite determined that, to the best of our ability, we will have a serious detailed, not too academic, practical examination of these problems. I hope in due course we'll come up with practical solutions to it.
The first person who's going to give us the benefit of his evidence is Professor Kevin Morgan. I'd be grateful if he would, like Mastermind, sit in the chair. I wonder whether for the sake of the record you could identify yourself.
KEVIN MORGAN: My name is Kevin Morgan and I work in the department of City and Regional Planning at Cardiff University.
LORD RICHARD: Professor Morgan, before I got your book Redesigning Democracy, a very good read, which is not a thing one expects to find normally in some of these erudite pieces of paper that land in front of us. You trace the history of the debate particularly within the Labour Party about devolution culminating in what you describe as the minimalist option of devolution set out in A Voice for Wales. I wonder if you could enlarge a little upon that. How do you summarise the aims of devolution? How do you think it fits in with the White Paper concept?
 

KEVIN MORGAN: Can I simply say before I address that, I didn't originally apply to give evidence to you because I don't feel I've devoted enough time to monitoring the settlement but I was invited to give evidence by your competent clerk because she said you were having introductory sessions. I don't say that for false modesty but because I genuinely don't feel I've devoted enough time to looking at the evolution of the settlement. As for the question I think that begs another question as to whether the executive model of devolution was a clearly thought out, rational model with a clearly defined set of aims and objectives. Well of course it was nothing of the sort. It's a minimalist political compromise. The most feasible thing that the powers that be could get away with. One has to say this - that it really was the most basic thing that could be acceptable. The most minimalist solution was not to do anything of course but that was not politically feasible. Something had to be done so it was in a sense continuity with change, continuity in upper case as students say today, change in lower case. So I don't think I could begin to define a coherent set of aims and objectives for evolution other than to say it was to democratise a Welsh Office model of administrative devolution.

As you rightly say we have to be brutally practical about these things. Some people will want more powers for ideological reasons. My own position is pragmatic. Does the Assembly have the tools to do the job? That's the only question I'm interested in because I came into devolution, first to try to overcome the democratic deficit. Now I'm more concerned about redressing the delivery deficit. That's my own position.
LORD RICHARD: Let’s take that question. Does it have those two jobs - how do you define the job?
KEVIN MORGAN: I think the White Paper did address what the job was. The job was regenerating Wales as a robust democracy on the one hand and secondly to try to gain the tools to do the job of regenerating the Welsh economy. Unlike the Scottish campaign we were much more focused on getting the tools to do the job because Wales quite clearly had to reinvent itself. For me the most graphic example of that need was where Wales genuinely did show some real innovation in the regional development field. Almost single-handedly people in Wales, especially the Welsh Development Agency and others too, put to the European Commission a radical new form of regional policy called the Regional Technology Plan. It was about regional innovation. Having orchestrated this new model, we then found ourselves almost losing it at the 11th hour when John Redwood refused to endorse it. The Commission put enormous pressure on the Welsh Office to try to get John Redwood to sign the letter of approval to approve a new generation of regional policy and at the 11th hour we only got his signature when the Commission threatened to give the new project to Scotland. In my own mind, although there wasn't enormous resources attached to this, it was a good illustration of Wales for once being genuinely innovative at the leading edge of Europe. The Commission conceded this and here, because of our governance arrangements, the lack of accountability of the Welsh Office, we were going to be scuppered at the 11th hour. Sorry to go round the question, but the job as I understood it and still understand it is twofold: first of all, to design and deliver a robust democracy and secondly to get the tools to do the job of regenerating the Welsh economy.
LORD RICHARD: But if I can pursue for the moment the regional point you make. If one had had in place at that time what you describe as the minimalist result of the White Paper and all the rest, Wales could still have pushed the point. The arrangements we now have would have been sufficient to have covered the political, regional point you make – we wouldn't have had Mr. Redwood there.
KEVIN MORGAN: The toolbox would indeed have been sufficient in that case, but our country is at the bottom of pretty much every league table one cares to think about – I’m not just talking about hard economic data, but we're at the bottom or on the bottom, in terms of child poverty, 33 per cent of Welsh children defined now as below the poverty line. When you have such enormous problems to address, do you really want a toolbox which is the most minimalist toolbox imaginable, or do you want some proper tools to do the job? That's my own way of thinking and framing the problem. Why do we always have to think about minimalism in Wales when our problems, I think, are maximalist. We have very, very deep developmental problems in Wales.
LORD RICHARD: You’ve got to establish now the link between doing something about the existing arrangements and being able to deal with these different problems. How do you see that?
KEVIN MORGAN: Sorry to go back to the earlier point. The John Redwood illustration serves in my own mind and I think it's a telling, robust analogy, of the relationship between governance and development. If you look at any of the mainstream policy making documents coming out of the World Bank, even the IMF today, you'll see now the gung-ho, free market liberalist tone has been tempered. They've been chastened by experience in Eastern Europe, Latin America and other countries, because they realise governance mechanisms are very, very important for development. You have to design and develop systems of property rights, institutional systems, honest administration, civil servants with integrity, and above all a culture whereby you can overcome what I believe was the greatest single problem of the Welsh Office culture namely risk aversion. There was no incentive to innovate, to do something novel. Those are the things development is about today. If you're going to create a knowledge economy we have to invest in young men and women, encourage them to be confident, encourage them to set up businesses or whatever. These are the new developmental agendas around the world today and they include governance arrangements, honest, prudent innovative governance arrangements which is going beyond minimalist development and try to encourage people to be the best they can be. That's why I think governance and development, democracy and development go hand in hand.
TED ROWLANDS: Mr. Morgan, in your book on page 217 and 18 you list the tasks that are essential for economic regeneration. Do any of those tasks you describe require either additional competencies for the Assembly or new primary legislation or do they fall within existing competencies of the Assembly as it stands?
KEVIN MORGAN: Two examples. First of all, if you accept that the game has completely changed now in terms of development, that the old days of simply moving low grade branch factories to Wales have gone and we really need to reinvent ourselves and move upmarket. The only one way to do that is by investing in knowledge economy and knowledge based assets: people. That's the context it seems to me. If you take then the Chairman's guidance to us to be brutally pragmatic, it seems to me, and I work in a university setting, I'm more familiar with HE than other sectors, if you think of the Assembly's track record in education which I believe is encouraging, there are questions to be asked as to whether the powers that it has at the moment are sufficient to constitute the tools to do the job. It was completely fortuitous that there was legislation going through Westminster on which our HE reforms could piggyback. There were some problems in terms of enacting what we really wanted to do with education. You could even raise the same issue about health. Health reforms were so radically different in Wales than they were in England, with respect to Local Health Boards for example; it raised the question whether we should have had an NHS Wales bill. I know that departs from your question.
TED ROWLANDS: On the set of tasks for economic regeneration.
KEVIN MORGAN: I would say in terms of education there is a real issue. In terms of designing an education policy that is really supportive of a knowledge based economy I don't believe we've sufficient powers to do that in Wales yet.
TED ROWLANDS: So of the seven you have listed it's the education one you would primarily focus on as being deficient in terms of power.
KEVIN MORGAN: That’s key. A second example could be sustainability. There is no point any longer in treating economic policy as though it was discrete from sustainable development. The economy and environment have converged so completely we have to think about sustainable models of economic development. There are enormous issues.
HUW THOMAS: What I want to get from you is identifying specific competencies that are required to fulfil the tasks. In higher education ELWa, which is a distinctive Welsh solution institution, different from England in every sense of the word, has higher education within its remit. What additional competencies do does the Assembly need in higher education?
KEVIN MORGAN: Let me give one example. You remember coming out of the Assembly work on higher education there was the proposal for the Higher Education Funding Council for Wales to be awarded some powers initially to maybe direct mergers. Very, very controversial subject. Initial soundings from Whitehall were that that was impossible. Don't look for legislative time if you're thinking of proposing such a thing. I'm not talking about the merits of the proposal. I give it as an example to your question.
Another example is the need to address the deep problems we have in Welsh agriculture. There is only one future for agriculture that is to move to a more sustainable basis. Part of the answer, not all of it, part of the answer to the agricultural crisis must be to produce value added branded items which are traceable and credible in the market because food today is a surrogate for medicine and the organic strategy, although coming from a very low base, is very important. That's not just an issue of Cardiff and London - it involves Brussels as well because of the reform of the CAP. The CAP is being reformed and we'll see it reformed eventually, not necessarily in the context of the mid-term review, but we will see a greener more devolved CAP. That's the exciting prize for Wales to aim for.
TED ROWLANDS: Again there is the question - is that capable of being delivered by the political will within existing competencies or do you identify a need for additional competence?
KEVIN MORGAN: To go to the Chairman's point about the toolbox, the toolbox isn't up to that challenge. If you think of what's happening with the reform of the CAP, especially beyond 2006 when I think a more radical model will begin to emerge, I think Wales needs more tools for the job. It was quite clear in foot and mouth; we emerged from foot and mouth almost by accident better than some parts of England. It was a minor miracle the Minister emerged with flying colours. I think he did that partly because of his competence and because of his integrity and reputation with farmers but I think he went on record to say here was an example of a Minister with responsibility but no power.
TED ROWLANDS: I understand from the evidence he gave to the Select Committee of the House of Lords that within the next 12 months competence is going to be transferred. All I want to do is for you to identify to us the specific competencies you think are essential to the delivery of your 7 tasks.
KEVIN MORGAN: I understand. I don't feel I'm in the chair here to advocate greater powers. I'm here welcoming the Commission. I feel the key issue is to reflect on what was the minimalist political compromise, with ill thought out powers transferred, and to scrutinise it in a way that should have been done initially. That's why I see the Commission as fulfilling a very valuable role. I'm not here advocating greater powers, simply saying I welcome the fact that in respect of economic development, education, in health, agriculture maybe, you will be looking at these issues. I don't want to be cast as some kind of advocate of powers for the sake of some kind of macho reason of having more powers. Tools for the job is my position.
TOM JONES: Could I follow up on questions about competencies. The idea that during the next 12 months perhaps there can be transfer of responsibility from the Assembly on rural matters, what we need to know is how does that happen. Is it within a system of agreed protocol, the Assembly asks for it to happen, or will it depend on the strength of character of one Minister over and above another Minister or on some political agreements between Celtic Ministers to demand something. Are the mechanisms in place now for which if demand is shown it happens or - is there something in statute or is it a political thing?
KEVIN MORGAN: I think you need to get clean away from talk about personal chemistry. One of the important things that can come out of this Commission is the Assembly can be put on a sustainable footing. Myself I'm a Labour Party member but we have to think the unthinkable, maybe a Tory regime. How are we going to deal with that? You can't think about personal chemistry. It's well known I'm a Labour Party member. I wrote a book about the Labour Party. The question is can we rely on Celtic bonding, on personal chemistry? No, I don't believe one can. I think the situation now that's emerging in agriculture and rural development is very instructive. We have really four Ministers and no parity of esteem with Margaret Beckett as Secretary of State of DEFRA. There is still a command and control system. She is the lead minister and wears two hats and they're very uneasy. She wears a hat as lead Minister to Brussels on agriculture for the United Kingdom. She also wears another hat, which is the English Minister for Agriculture. These two roles are becoming – uncomfortable. I put it no stronger than that. I think that issue arose when for the first time the Welsh Assembly tried to do something independently of Whitehall in this field, when we tried to design the Welsh calf processing scheme. I don't suppose many people remember it now but in the book I argue it was the first time we tested subsidiarity in the UK and subsidiarity in the European Union. To this day I'm not sure where this scheme fell whether because it was novel or illegal.
TOM JONES: I think the point is are these transfers likely to happen in response to an event each time, or are there mechanisms in place for them to develop naturally.
KEVIN MORGAN: On an ad hoc basis - they'll develop out of crisis and a process of learning by doing. Foot and mouth leading to the devolution of animal welfare competencies. Maybe in reforming CAP we will see something else. Maybe on education the Rees report on grants was a major step forward. We could have done that earlier had we known we had the tool to do the job. Instead it slowed everything down. I come back to the point that we are a poor country at the bottom of most leagues. Is this the way we want to reinvent ourselves?
EIRA DAVIES: The main question I suppose, the word minimalist comes up several times and you've also said you changed your mind over the years, more emphasis on tools for the job. To what extent when the Labour Commission was looking at devolution was there evidence of an interest in Wales in primary powers and has that changed over the years.
KEVIN MORGAN: I’m going back now, it's dredging back into the past. Hindsight is great but at the time I didn't know anyone who was arguing for what we've got. In the Labour Party at the time there were two major factions, there were other factions as well but two major factions were Welsh Labour, a faction in the Labour Party, Ron Davies was the most articulate exponent of it, that believed we needed some primary legislative powers, the tools to do the job as it were. The other faction didn't want devolution, not really. And therefore it was the clash of pro-devolution and anti-devolutionists that spawned this minimalist model that nobody wanted and therefore we found ourselves defending it because we felt this was the most we were going to get if we wanted to get this through another generation.
LORD RICHARD: To what extent, how high on the scale, is the need for primary powers in providing the Assembly with tools for the job?
KEVIN MORGAN: It was always assumed by devolutionists in the Labour Party we probably would get primary powers to a limited degree for things like the Welsh language, quangos, modernising Local Government, maybe for health and education. I always assumed we’d get something so when we got nothing I was surprised to say the least. I understand the process that produced this. London was absolutely centrally involved. We can't understand any of this without understanding the relationship between London Labour and let's call it Old Labour. Sorry about these terms. They're not very useful but we always thought we'd have primary powers. I think the case for that in many people's minds has probably increased. Not just in the Labour Party. I now know people I engage with who say for goodness sake we've got the damn thing let's make it work. This powerful metaphor of what we need - tools to do the job. What the job is, is a very good question. For me it's developing a robust and innovative economy.
LORD RICHARD: The other half of the thing is what are the tools. You can define the job. You have defined the job. Listening to what you're telling us seems to me the tool you say is lacking is the absence of is the powers of primary legislation.
KEVIN MORGAN: I say that with some reservation simply because as I said at the outset I haven't devoted enough time to looking at the nitty-gritty relationship between legislation in Westminster and in Cardiff. You've got witnesses today, three witnesses today who would answer far better than I ever could because they've devoted time to looking at the issues. I'm saying I think it's fair to pose the question. Does the Assembly have the tools to do the job of regenerating the Welsh economy and overcoming the delivery deficit as it were? I think probably the answer is no, not yet. But I don't feel I've got the wherewithal to give you chapter and verse. I mention areas from my own area, education. I believe reform of CAP is another example. But the key point is the context in which you are sitting is changing so radically that the tools for the job will be changing also. The job is changing therefore the tools will change. Europe post 2006 will be a radically different place in some respects from what it is now in terms of resource flows. One of the things you need to think about is how is this context changing, how does it change the definition of the job and how does that reflect on what tools we need to do it.
LAURA MCALLISTER: Kevin, going back historically in the book you talk a lot about different elements of rationale for devolution and various strands you touch on some of them, representing Wales, and Welsh people, democratising, making more accountable, expression to Welsh identity, and of course the tools for the job argument, control of key policy areas. Can you say which of those were more powerful within the Labour Party at that time and also maybe in the wider public arena? Maybe this question takes on a new dimension given the findings of recent polls which suggest a change in public opinion on what a Welsh Assembly or maybe a Welsh Parliament might be able to do?
KEVIN MORGAN: With respect to the Labour Party I think there is no doubt that the issue which resonated most for both the party officials and for members was the issue of democratising the Welsh Office and holding quangos to account. Nothing really compared with the forcefulness of that issue. During that year I must have addressed 500 meetings. Nothing really resonated as much as that. Even though I have to say the issue of the quangos and Welsh Office wasn't well understood by the Labour Party. It's not understood well even now. Some have used the phrase at some point, "the bonfire of the quangos". It was a loose phrase. It never really meant a great deal in my opinion. People like Llew Smith judge the Assembly today by the fact we've not had a bonfire. I put it to him do you want to dismember the WDA and Balkanise it into 22 different local government bodies - I believe there is nothing wrong with the quangos as we used to call them so long as you've addressed the issue of appointments. We used to worry about the appointments process to the quangos which I argue became the back door to getting Conservative people at the top of the Welsh political system when they had been shut out through the ballot box. Putting it crudely that's how many people perceived it. There was an issue of the appointment process and how quangos are controlled. That was the key issue it seems to me. With respect to the public at large it's always difficult. I wouldn't pretend to understand how the public sees things. I was surprised to see the Aberystwyth study. I feel the Assembly is earning its crust but the biggest conundrum of all for the Assembly is that the benefits it's achieved to date are not readily acknowledged or understood by the electorate. That's a key conundrum. The achievement in terms of process of government hasn't been recognised by the public. I'm not really sure how they responded to the issues. I think maybe at some point when feeling more self-confident the Assembly may raise a statue to John Redwood –
LORD RICHARD: Where would you put it?
KEVIN MORGAN: I’m not sure Chair. I've no doubt at all, joking apart, that he played an enormously important role, albeit inadvertently, we would not have turned people’s opinions without John Redwood, partly because of the things I mentioned, when he scuppered a new regional policy and sat on Joe Sibert’s report on child health and death, and put savings from Welsh Office back to London. All those reasons -
LAURA MCALLISTER: In that model you've described -the process model - the Assembly seems to have achieved public support for, would you say the issue now is moving away from accountability of other existing bodies towards direct control, is that a possible evolution of that model?
KEVIN MORGAN: I think there is something to be said for that although the Llew Smiths wouldn't agree with this at all, I believe the quango issue has been resolved and you should let the professional men and women get on with the job and we shouldn't interfere on a daily basis. All of the best practice round the world suggests you need this arm’s length relationship to allow people to exercise their professional judgement and you need to trust them rather than make them knee deep in targets and political interference. I've travelled round the world to development agencies. The ones that work give those men and women arms length relationship and trust. But as I say, in the Labour Party this issue is not resolved. I believe the issue has passed from over coming the democratic deficit, which I believe we've done by and large, and the issue now and as I said earlier is how we redress the delivery deficit. That's an issue for every layer of government in the multi-layer system we have. For Brussels, London, Cardiff Bay, for local authorities. We all face this big issue of overcoming the delivery deficit.
TED ROWLANDS: We can discuss the democratic deficit - I don't share your thoughts we've abolished the democratic deficit of Welsh quangos - that's another matter. Let's go to the strengths of you as a witness, your economic regional knowledge. You quote in your book the first principles of government namely the power to spend money must not be divorced from the power to raise it. You quoted Vernon Bogdanor do you share that view?
KEVIN MORGAN: I personally do, as an academic you'd expect me to say this, Ted. I share it in principle but I'm more schizophrenic about applying the principle in Wales simply because we are a poor country.
TED ROWLANDS: Isn't regional taxation in our situation regressive potentially, rather than progressive?
KEVIN MORGAN: Yes, you could say and I would say the fundamental issue in the European Union today is how do you secure subsidiarity with solidarity. Sorry for the jargon. How do you devolve to regions that want devolution and how do you on the other hand create taxation and spending systems which allow you to subsidise across jurisdictions when these jurisdictions are devolved thoroughly. This for me is one of the biggest problems of Europe post enlargement. If West Germans are reluctant to subsidise their East German counterparts. I know they've done so but reluctantly. How can you expect them to subsidise East European citizens. That's the big picture. Coming back to your question, should Wales, the Assembly have fiscal powers at this point in time, I'd have to say I don't know, it's not something that exercises me, it's not important. It was never on the agenda in the Labour Party debate, unlike in Scotland. I think Scottish people will tell you privately that the 3p varying power is very much one for the gallery. It's about machismo rather than real politics; they are probably not going to use it - if they did, it wouldn't raise much. The key thing is as the chair said earlier the report of the Barnet formula in post-devolution Britain, that's one of the big issues because it's not sustainable; Barnet is not sustainable.
TED ROWLANDS: I get the impression, don't know if you've got figures to offer the Commission, if there was a public sector borrowing requirement for Wales it would have been growing rapidly in the last 12, 18 months; is that true?
KEVIN MORGAN: I would have thought so, but I'm not competent to answer that question because I haven't done any work on it. Fiscal powers is not something that exercises me personally.
LORD RICHARD: When you talk about fiscal powers you refer to a tax varying rate?
KEVIN MORGAN: Indeed. As I said, it didn't exercise me or my colleagues in the pro-devolution Labour Party, it was never an issue, unlike in Scotland, and it doesn't exercise me now.
PAUL VALERIO: Moving on to a different subject you report the rationale for including a proportional element in the electoral arrangements in order to strengthen the legitimacy of the Assembly in Wales. How effective has the Additional Member System been?
KEVIN MORGAN: It certainly helped us counter the No campaign’s second best argument, that this was just jobs for the Labour boys, a powerful argument which resonated the length and breadth of the country and it was very difficult to argue against it. PR was a very, very helpful device to allow us to say this is something different. This is a more inclusive arrangement and it's not going to be as dominated by the usual Labour suspects as has been the case in the past. That was the real value of PR for me then. I’m still in favour of PR now. But I have to say being brutally honest that those people who probably sit on the list probably don't have the same relationship with their constituencies as constituency members. I know for a fact AMs feel there is a two-tier constituency. Constituency AMs have to work a lot harder to massage their constituents. I'm in favour of PR because I think it helps you get a better balance between votes and seats. On the other hand I'm very, very worried that it uncouples the member from her or his constituency.
LORD RICHARD: Do you think if the Assembly were to be enlarged that the importance of the link between member and constituency is paramount, that's where expansion should take place rather than on the additional -
KEVIN MORGAN: Personally, yes.
LORD RICHARD: How do you do that?
KEVIN MORGAN: Pass.
LORD RICHARD: Double it?
KEVIN MORGAN: I haven't got the answer to that. People who are following me I'm sure will have views.
HUW THOMAS: Kevin, I'm struck by the words you've been using in terms of tools for the job. In a sense what's missing is the craft of using those tools to do the job. You commented earlier about a risk aversion culture ... to create the leadership the Assembly can give Wales.
KEVIN MORGAN: It's a very good question and I don't think I've got a very good answer. I'll try. If I give you one very concrete example of work we're doing now. We're doing work on local food and how local food can help regenerate parts of Wales. It raises the issue of what are the barriers to re-localising the food chain from farm to fork. It's quite clear having looked at some of the most successful regions in Europe, thinking now about central Italy, regions like Brittany in France which have done most to promote local food in local schools for example, public procurement powers are vital. This is the great Cinderella service of government. I can't understand why because government has almost total control here. If you're thinking about new powers to effect real change it seems to me we can't do anything better in Wales today than use public procurement powers to promote local food for local schools. Why? Because school meals are in a crisis. We've unearthed the figures for the first time to my knowledge that what is the cost of a two-course primary school meal. I think it shocks people to know it's 36 pence. 36p is the cost. And when you talk to catering managers and procurement officials about how they can improve this situation they say they're immobilised by two things. Immobilised by the lack of powers and immobilised by regulatory conservatism. They're afraid to act because innovation will draw them into a grey zone of potential illegality with EU regulations on one hand and UK legislation on the other, Best Value and things like that. This is an example of where some powers, some clearer powers would be useful for the Assembly, getting a tool to do a specific job to raise the nutritional value of school meals.
TOM JONES: Are you saying that Brittany, or regional government in Brittany has powers to devolve from French government, it's an exemplar of how this should be done, then are you saying to us Brittany has powers that wouldn't be available to us?
KEVIN MORGAN: What I'm saying I and don't want to get into trouble with my colleagues now ... because our report has not been published yet …, what I'm saying is the most successful regions in Europe have interpreted EU regulations more creatively than any of us in the UK and in the UK there is a conventional wisdom that our hands are tied with EU regulations. Whereas in other parts of Europe there is not that convention and they have used certain devices, let me put it that way, to circumvent regulations.
I would give an example of that: does the Assembly's legal duty under section 121 to progress sustainable development, does it override procurement regulations that undermine sustainability? Let me put it as precisely as I can. That seems to me to be a moot point because we're talking about UK regulations as well as EC regulations. I don't know a more important issue than public procurement for the sake of sustainability framed broadly to include childhood nutrition, 20 per cent of school kids as we know in Wales qualify for school meals. The school dinner is a key tool for regeneration, it seems to me. This is why I say the tools for the job will be relative to how you define the job. Chair, you posed the question in an excellent way when you said what is the job. I'm saying the job is changing. We haven't yet woken up to the fact that all these powers could be there but at the moment officials are immobilised from using them from fear of acting illegally when their counterparts in Europe are not subject to that risk–averse culture. Where does that risk–averse culture come from? We go back to the issue of Welsh confidence or lack of it.
LORD RICHARD: Powers - if you want to think creatively you could do that under the existing system just as well as if you had full legislative powers.
KEVIN MORGAN: I believe there was a point to the question which I agreed with which is beyond the level of a formal realm of powers, how do you use those powers? Do you say let's drive this system through with some leadership and self-confidence like some of the Irish colleagues I know did with Objective One. Sometimes they'll say our motto here is "safety last". You'll never get anyone suggesting "safety last" in a British Civil Service environment.
LORD RICHARD: It's a British problem not a Welsh problem.
KEVIN MORGAN: Well ... it's a very important issue the issue of the relationship between formal powers and how you interpret them and whether you have the self-confidence to interpret them creatively. These are big issues. I don't pretend to have the answers. They're good questions.
TED ROWLANDS: Could we ask you going back again to where your strength lies as a witness on the regional side. Putting aside the funding issue, how do you think the Assembly has handled the Objective One process and ensuring institutionally that we're getting the maximum out of this process because everybody says it's a vital part of regeneration; if we don't do it by 2006 we will have all sorts of problems - what's your assessment of the Assembly's performance in handling the Objective One processes? Putting aside matching funding issue.
KEVIN MORGAN: It's very hard to come down with a black and white conclusion because the evaluation and monitoring as you know for the mid-term review is going on right now. Anecdotally and based on conferences I've organised with colleagues in Aberystwyth where we've brought stakeholders together there has been a lot of disquiet right across the stake holding constituencies from Local Government, voluntary sector, above all the business sector, that we haven't got it right. Now, we don't know what that means until we see evidence. There is disquiet in the system. I also feel very sorry for the people involved because Objective One came along at the same time as the Assembly came along. Either one would be a sufficiently steep learning curve, to have them both together leads to what the Chinese call interesting times. It's a phenomenally difficult learning curve. No one has handled Objective One well. Perhaps the Irish have done best. Often it's been misinterpreted. The growth in the Irish economy made a success of Objective One. That's the way we should understand that.
TED ROWLANDS: Objective One didn't create the growth.
KEVIN MORGAN: Absolutely.
TED ROWLANDS: We expect Objective One to create growth.
KEVIN MORGAN: I know.
TED ROWLANDS: The Irish model is not applicable then.
KEVIN MORGAN: I don't believe it is applicable personally.
LAURA MCALLISTER: Can I push you a bit on that issue of Objective One because I know more about the Merseyside angle but one of the problems with Merseyside's first round of Objective One funding is they didn't have institutional mechanisms to operate it effectively. They look enviously at Wales with their national framework and institutions and potential policy framework. Concentrating on that do you think there were things that could have been done better institutionally in the system with handling Objective One because it has advantages over Merseyside and South Yorkshire.
KEVIN MORGAN: When I work in English regions I encounter this view you're lucky in Wales you know your region. And you've got the WDA and all that learning behind you from using objective 2 - it's incredibly naive and largely wrong. There was very little transference of knowledge and skills from objective 2. Very little transference in my experience. Objective One we almost had to learn from scratch. I remember when we were well advised by the top official from Brussels, Graham Meadows, who I know very well when he told us the dos and don'ts. He told the whole Europe community in Wales what to do. We didn't do it. There are issues there as to why we didn't do it. We didn't have the skills, tools, knowledge to hit the road running when Objective One came on stream. We had to learn it. It's been a very painful experience. I say that as someone tangentially involved in it. I was involved in the Task and Finish Group which looked at the problems. Some things created more problems. But at the heart of the problem of Objective One is the lack of trust between the local and the regional, between Local Government and the quangos. There is a phenomenal lack of trust there. Development is about working with each other, trusting each other and exchanging knowledge. That's really what development is about. Whether it's there or not today is a moot point. It's been a very painful learning process. I don't know if we've got it right yet, but we will hear something from the mid-term review and how that compares with other mid-term reviews.
TED ROWLANDS: On the debate about how to deliver Objective One, could I say I sit on one of the Objective One board in Merthyr Tydfil. The philosophy, and this was Assembly philosophy, that ownership of the whole process should be put down to the locals, you could rebuild the economy by a sense of ownership from below. That's the question that's fundamentally the one that has to be answered, whether that was the right thing to do or whether the Irish riding from the top wasn't a better bet. I put it crudely. That would be essentially an Assembly decision. We can't say Whitehall is to blame for that one.
KEVIN MORGAN: Not at all. This goes to the heart of how we use the powers we've already got. I'm very sympathetic to people who say let's forget about more powers, we haven't learned to acquit ourselves well yet on the powers we have got. That's a very good illustration of it. One doesn't know how far to go into these things. That's an excellent illustration of some of the problems it seems to me.
LORD RICHARD: Can I ask if you if we might lose any of the advantages in the current division model by going for greater separation models. Picking up the point we haven't learnt to use what we've got now. Is there anything you think might be a serious risk if we were to change.
KEVIN MORGAN: I'm conscious of the difference between the models of devolution – that Executive devolution is not as many people think it is a variant of legislative devolution, it's a totally different model. The difference between transfer and division. Our model locks us, I don't mean locks in a perjorative sense, binds us much more closely into the Westminster process than the Scottish model. Therefore how legislation is drafted in Westminster is of more concern to us than the Scots. The looser it's drafted the more scope and vice versa. I'm conscious of those things. I can't think off the top of my head what we would lose by having a few formal powers in these limited areas. I can't think what we would loose because I'm conscious of the profound limits of personal chemistry.
LORD RICHARD: Let me take you back to what you said earlier about why you assumed there were going to be primary powers in the settlement and there weren't. What has changed to make that now possible and what damage could be done by pursuing that?
KEVIN MORGAN: I was reflecting the conventional wisdom of us all. Often conventional wisdom is not reflected upon. It's assumed, it's group-think as it were. We assumed we'd have powers to deal with Welsh language, Local Government, quangos because we felt these were distinctively Welsh problems. To be frank we didn't examine those assumptions very well. Now the beauty of this Commission is you can scrutinise. To go back, sorry, what is the job, and do we have the tools to do it. Be absolutely brutal about it. That's almost the remit of the Commission. The only point I'm tying to make is the job is changing therefore the tools will need changing.
PAUL VALERIO: You've highlighted that the Assembly is constrained by a lack of power but you've also explained by you're unable to define the specific deficiencies. Can I take you along a different tack. Like Lord Richard I also enjoyed reading your very interesting book, I found it very good for a lay person like myself. Your book deals with the debate within the Labour Party and places the 1995- 97 debate in the long history of the devolution debate within the Party. Are you able to make any comparisons with the way the debate developed within the other political parties in Wales.

KEVIN MORGAN: No. Sorry. I'm unable, at this time. I have friends in most other parties, but I think they all would have agreed, I think, most of them at the time, that the big debate, all the debates were important but the most important debate was within the Labour Party because if we lost that debate we lost the whole thing. I might add it wasn't a party political issue - it’s still not for me but I know it is for others.

VIV SUGAR: Following on from that, bring ourselves to the present day then, we've heard a lot about it being an inclusive government. How inclusive do you think it is and how should it develop?
KEVIN MORGAN: All these questions are very good questions and I feel I haven't been up to them. Inclusive relative to what? Inclusive relative to what was, I would say the answer is a resounding yes. Going back to my earlier point the real value added of the Assembly to date for me has been in the processes of government compared to the Welsh Office and sadly these are not appreciated by the general public because they don't interact with the Assembly
LORD RICHARD: What do you mean by that process?
KEVIN MORGAN: Policy, the way in which government goes about doing its business, consulting, in fact people from trade unions, Local Government, business, all the stakeholders I know complain now about democratic overload. We've gone from a democratic deficit to the burden of democracy. These organisations are not tooled up to carry the burden of democracy which is consultation, responding to a new document. You get it today you're asked to respond tomorrow. None of us are tooled up for that. This is democracy and it's hard and I think the professional people, especially in the voluntary sector and Local Government, did invest in this new process, got engaged and got benefit. Business was completely routed. Completely dumbfounded by devolution.
EIRA DAVIES: How do you think the regional Committees are fulfilling their remits?
KEVIN MORGAN: They were very, very important to us when we argued for them. The North Wales Committee was very important to us because we felt this was, we'd be perceived as jobs for the boys in Cardiff. I'm from Aberdare. There is a very, very strong feeling in the Valleys that everything in Wales is Cardiff centric. Goodness knows what people feel in Bala and places like this. The regional Committees are very important in terms of architecture. I don't believe they've endeared themselves to the Welsh public at all. But I would defend the fact that I believe the Assembly has really earned its spurs in terms of being a new mode of governance doing things inclusively as it can democratically and is a major step over what we had before. Most people even the CBI would say that even though I suspect they prefer the old model because it was easier to have whatever Ron gave them when he was Secretary of State, tea and scones, to talk to Ron, as opposed to trying to get their heads round a Committee system which they simply didn't understand and they lost out. They tangibly lost out particularly on ETAG and skills. They did a deal with their First Minister but the First Minister couldn't deliver. The Committee did a U-turn, and the CBI was beached, like the proverbial beached whale. It has been inclusive but you had to be tooled up to be included, if that's not a contradiction in terms.
PETER PRICE: Can I ask you about the leadership capacity of the Assembly. A number of things you've been saying suggested some disappointment about the leadership that the Assembly has been able to give in various areas. To what extent do you think the composition and the way it works affects that. I'm distinguishing leadership capacity within its existing powers as compared with the need for new process. If we tag to that the perception of the public as seen in the opinion poll conducted by Aberystwyth published on Monday, to what do you attribute the strong development of a sense that there ought to be more influence from Cardiff rather than London or elsewhere?
KEVIN MORGAN: Can I say whatever disquiet I have about leadership is secondary to the fact there has been much greater local leadership in Wales compared to what we had before. I think it's important to preface things like this because it's better compared to what we had- and there is no doubt we've seen real leadership. It's not often I feel genuinely proud of what we do in Wales because I've become, unfairly I think, stereotyped as an unhelpful critic, but academics have to do these things it seems to me, it's an occupational obligation. But when we think of what we've done in the Assembly, section 21 stands out. Whenever I go round Europe people know of this. The sustainable development scheme, the Learning to Live Differently document, it seems to me hits all the right notes. It's one of the finest aspirational documents I know anywhere in Europe. I'm deeply proud I live in Wales that I'm Welsh and we've done this. A lot of people didn't want it. People in the WDA said that will be the kiss of death for us if you encumber us with sustainability things on top of our inward investment. Instead we've helped people to punch above their weight. We've seen real leadership there and I have to say a colleague of mine, Sue Essex, is a Minister and I think she can take some credit along with many others as well so we have seen leadership on this. The Assembly I think is overworked and under resourced, but in that context we can understand some of the structural limits on leadership.
PETER PRICE: What about the composition or the way the Assembly works? What do you think is shackling it or reducing its effectiveness in providing that kind of leadership?
KEVIN MORGAN: I'm acutely conscious I haven't answered the key question I've been asked which is to give examples of what powers we are lacking to do the job. I'm going to defer that to the witnesses who come after me. I'm raising the issue as one which is legitimate for you to address. It seems to me had we had the powers we could have addressed the great educational deficit in Wales and the need to widen access, promote education learning grants. There should have been no need for the Rees report, although it is excellent. All that could have been done much earlier if we go back to Huw's point about the confidence which comes of having more formal powers so you know how to act, you're not feeling how on earth are we going to get this through, can we get legislative time in Westminster, do we have to spend time on personal chemistry whatever that means? We've got an enormous educational deficit in Wales. Our figures for illiteracy, innumeracy, would be shocking in Eastern Europe. Here we are propping up the table on literacy and numeracy. Here we are talking about do we have enough minimal powers to do the job. It beggars belief that we frame the issue like that. Minimal tools to do the job. We should go for a robust toolbox. whatever that means
PETER PRICE: The public opinion polls now show a remarkable growth in support for the view that the powers, at least in respect of what goes on in Wales, should be primarily in Cardiff and also support for specifically the Scottish type model of devolution. It's remarkable how that has grown. Would you like to speculate from your experience as to what you think is the reason why that has happened?
KEVIN MORGAN: Two things. I was shocked by the finding because they don't sit well with my own anecdotal experience which is that the Assembly remains a profoundly unloved institution. That may be because I travel to the Valleys a lot, I have family and friends there. Some self-referential metropolitan devolutionists might pretend the institution is deeply loved. I personally don't believe it is. I would like it to be: I think it's worth it, its shown itself to be an investment and not just a cost it seems to me. I was shocked to see the Aberystwyth findings but I was delighted to see them, particularly the increase in those who wanted parity with the Scots. I can only think part of that increase is this pragmatic group of people who say to hell with it we've got the damn thing, let's get the tools to do the bloody job, that bloody mindedness. There will be those who want it for ideological reasons. I think this pragmatic group is growing right across the parties which says look we've got it let's make it work for us. I'm personally delighted with that because that's my own position as well.
LAURA MCALLISTER: On page 220 in your book Kevin you said it's difficult to see anything other than federal devolution solving the constitutional conundrum. That begs a lot of questions. You've said it and it's a forceful statement.
KEVIN MORGAN: I think I would say that more strongly today, for two reasons. First of all, all the systems which are short of that clear system, thinking of the ones I know best, Italy, Spain, they are all evolving even with Berlusconi's reforms, and there is not much to them. They're all moving in this direction. Second, England, as Robert Hazell said, is the gaping hole in the devolution settlement and I commend the latest issue of Regional Studies which is about devolution addressed to the English question - the implications of post devolution question for England and what's happening in England, how it might react back on us in Wales. One can't look for statements from the Prime Minister as to what's going to happen because the Prime Minister from day one has been a totally committed minimalist right across the board. He was in relation to our system. He is in England. The Prime Minister wanted the English system to stop with regional development agencies. Instead look where we are today. A White Paper. Possible Assemblies in each of the English regions. England is changing fast. I believe it's making the Barnet formula unsustainable because it's not a fair system of allocating public expenditure. It's least of all in favour of the poorest regions. The biggest problem is the North-East. The North-East group of Labour MPs will never rest until they've blown the lid off Barnet yet the Scottish group don't want the lid off at all, they say let sleeping dogs lie and we understand because they get a better deal than the North East. I'm in favour of reforming Barnet because it's not a fair system, not because Wales might get more money out of it. I think we will by the way but that's not the real reason. Ultimately a federal United Kingdom will be in the interests of everyone. It will be clear and sustainable.
VIV SUGAR: You talked about a delivery deficit earlier on and anecdotal evidence you have of the Assembly not being much loved. How much is that to do with the amount of the financial settlement that we have, regardless of Barnet and how it's worked out, but is it about a lack of investment in the things ordinary people can see need to be done rather than the constitutional point.
KEVIN MORGAN: I'm not sure I understand the question.
VIV SUGAR: Is the dissatisfaction you hear about in relation to the Assembly’s ability to deliver, about the fact that the Assembly doesn't have enough money to do what people want rather than it doesn't have the powers.
KEVIN MORGAN: I think both but I think the level of understanding of the Assembly in Wales if we're honest is appallingly low and that devolution is still a minority sport. The attitude to the Assembly from the public at large depends on where you live. I've never known Cardiff to be loathed so much across all parts of Wales because of the sense that the Assembly has made Wales even more Cardiff-centric than it was in the past. It's felt all over Wales particularly in the Valleys even though Cardiff and the Valleys are effectively one economic entity given travel to work patterns.
LORD RICHARD: That was a matter of Assembly decision, not a result of the settlement.
KEVIN MORGAN: I'm saying perception has changed over time, although I'm surprised but pleased to see the Aberystwyth findings because they didn't gel with my own findings which is people are critical of the Assembly not being able to use the powers it has already. I would be loathe to admit that but it's what I see and hear. I'm lucky enough to travel round the country and talk to people.
LORD RICHARD: You're not suggesting the Aberystwyth findings are flawed?
KEVIN MORGAN: Not at all. They were conducted by one of our very best political scientists in Wales. I was surprised simply because of my own anecdotal experience but given my own position I was delighted to see them. Sorry if that's schizophrenic, I know.
LORD RICHARD: Not at all. I understand your position. No doubt there will be other polls at some stage.
HUW THOMAS: Could I pursue the point Viv raised with you about the delivery deficit.
KEVIN MORGAN: I think for most people - certainly for a lot of people in the Labour Party - this is it: this is as far as devolution goes. Yet for people out there, devolution has many tiers to go beyond Cardiff Bay. If I could give one example of work we're doing now, we're involved in exploring the possibility of creating a community regeneration trust in Rhondda Cynon Taff. This would devolve real decision making power to communities, like Penrhys, one of the poorest communities as we all know in Wales. The Penrhys residents are quite keen on having the new responsibilities providing they have a budget and access to some skills and training to manage those powers. The big problem’s always been devolving responsibility without devolving power. This is what Local Government people are saying now. In my own view I would say devolution has a long way to go yet and in 100 years’ time people will look back and say why did they not push it further because ultimately I don't believe you can solve the delivery deficit of delivering health service, education, Social Services, joining those things up in an integrated manner unless you involve the people themselves in self provision. Then those people will understand some of the management problems of delivering services, but while they're treated as subjects you deliver services for them rather than with them, we'll never solve the delivery deficit. To go back to the Chairman's original question about the relationship between devolution and development, I think these have to march hand in hand. You have to devolve power and resources as well and you involve people in their own regeneration. That's what we're hoping to do in some the Valley communities. There the Assembly can play an important role because in the book we argue the most important thing about the Assembly is not so much what it does but what it enables other people to do for themselves. In developing a community mutual model the Assembly has enabled more community forms. Civic devolution you might call it, moving into the realm of civic society and you involve people. I would say its an excellent question again, I think devolution has a long way to go, we're simply on the foot hills, but most politicians wouldn't agree with that I know.
LORD RICHARD: Professor Morgan, can I thank you for coming this morning and exposing yourself to imprecise questions from time to time. You've established that the tools need refitting but you haven't given us the tools to be properly fitted, but that's over to us to work out over the next eighteen months, so thank you very much again.
KEVIN MORGAN: Thank you.
Yn ôl i'r Brig