| 21.4.03
Dear Mr Richards |
| I enclose below my comments on the powers
of the Assembly for the Commission.
If the intention in creating an Assembly is to enable elected representatives in Wales to find solutions to solving their problems then the legislative maze created has disabled this function. It would be preferable for the Assembly to have full legislative competence in some areas and none in others rather than trying to part solve problems across a wide area. It would be easy to make a case that Wales and Scotland should have the same powers devolved on the basis of equality and I believe that your commission should do this on such a basis. |
| It would also be easy for opponents of
additional powers to argue that further legislation and
another referendum are required for this but I believe
that your commission should outline a process in stages
and identify all the powers that could and should be transferred
without the need for legislation in stage 1. Many of the
additional powers lie in several hundred Orders and these
could be transferred immediately.
The ability of the Assembly to draw up the legislation that it requires and pass it to Westminster for approval also needs to be looked at. Is there anything restricting the powers of the Assembly in drafting and debating legislation. Scotland drew up legislation and passed it to Westminster long before it had a parliament. If our MPs can draft bills in Parliament why can't the same people as AM's do so in Cardiff? Maybe the drafting of legislation in the first instance could be contracted out to Scotland or to our University! The role of the Wales Office in legislation also needs to be examined. Where the government at Westminster and that in Cardiff are of the same political colour then the views of the two institutions are likely to be similar, but how does the system operate when the institutions are controlled by different interests and disagree? The complexities of the situation whereby an office of the Westminster government could handle legislation it doesn't agree with on behalf of the Assembly leads one to the conclusion that granting the Assembly Primary legislative powers is the logical conclusion sooner rather than later. Should not the Assembly have a London office and representative? |
| Conversely what is the role of the Assembly
in Westminster legislation drawn up to cover England and
Wales? Under the present situation the Assembly has debated
bills after they have been introduced at Westminster or
not at all. Clearly this situation is unsatisfactory not
least from the fact that such bills could reduce the powers
of the Assembly. Surely under the present set-up the Assembly
should be involved in the process at every stage and bills
should be read and amendments suggested on the floor of
the Assembly. What is the involvement of the Assembly
in drawing up, amending and examining European legislation?
I mentioned briefly above the fact that the University could have a role to play. As an institution that should become more involved in the affairs of the Assembly the University could not only facilitate the drafting of legislation but research could also be commissioned by the Assembly on the nature of the laws that are required. What good practice exists in law that could be learnt from other UK parliaments or those overseas? The function of research is a power that exists that hasn't been utilised. The use of this competence in Scotland has undoubted benefits for both the Parliament and the Universities. I'm sure that many examples will be given to the commission highlighting the lack of powers and the complexity of the present settlement. In the public's mind's eye the Assembly can do very little and this is displayed by a lack of power in things that affect their daily lives. The Assembly cannot deliver a bank holiday on St David's day or even determine the conditions for its own staff. Do not the quangos funded by the Assembly have these powers? Surely the Assembly should have a role in the Fire Service - is it not illogical that it has powers over some emergency services and not others. Transport has probably been mentioned - but how can it be properly integrated when different forms of public transport are controlled by different levels of government. |
| Surely the Assembly should be the body
determining the frequency of trains in Wales, perhaps
within a set budget. The recent debacle concerning health
and safety at Cardiff Central and the cancellation of
trains to England after a game highlighted the lack of
power the Assembly has in both areas concerning a real
issue of concern to thousands of people on its doorstep.
So the Assembly doesn't have powers over railways but
it is funding the new line to Ebbw Vale and inherently
determining the service frequency! The only way a through
train could be provided from South to North Wales has
been by the Assembly funding them even though the SRA
is funded for this purpose!
Primary legislation may be one of the powers lacking in the Assembly but fiscal powers also need to be considered. Not necessarily the power to raise finance but the power to be responsible and responsive as a public body. An authority that is given a set amount is likely to spend it and then ask for more, whereas an authority that has to plead to the public to raise the last say 5% of its budget is likely to be more responsible. The powers of the Assembly to both raise finance and borrow moneys need examining. The solution given to Scotland is unlikely to prove satisfactory if it is utilised both from the relatively small amount that can be raised and the complexities of where people register for taxes. A solution needs to be found that allows the Assembly to vary a significant number of taxes by a small amount rather than raise all its needs by one form of tax. An Assembly budget on beer, tobacco and petrol could prove popular! Community councils have the power to raise taxes - why not the Assembly? |
| In examining the powers of the Assembly
the commission may wish to highlight powers the Assembly
has but hasn't utilised such as those I have mentioned
- powers to initiate research, commission new rail lines.
The Commission may wish to examine areas where local government
has powers and the Assembly does not. Borrowing powers,
legislative powers and the ability to raise rates and
various fees amongst others. The commission may also wish
to study best practice overseas together with the number
of regional governments that cannot raise their own finance
and do not have legislative competence. With regional
government being debated in France, Wales could end up
having the least power of any regional administration
in Europe! While Scotland has a parliament Wales has second
prize.
I understand that you will be discussing the number of AMs necessary to do the job effectively. I think you need to discuss the role of the Quangos and their accountability. Are they not departments of other governments? The Quangos appear to act as independent bodies and. the Assembly only shows its surprise when they have acted inappropriately after a long time. The National Quangos should both hold their meetings and have 2 members of the Assembly as members or observers for accountability. They appear to be hands off rather than hands on functions of the Assembly which have invariably led members to complain that they have no powers or finance when they are all delegated elsewhere...If the Quangos operated in this way there is a strong argument for more Assembly Members to monitor and input to them effectively. I understand the Objective 1 committee functions in this way. The Quangos should also reflect a political balance in 2/3 of their membership. If greater powers were devolved this would also support an argument for more members. Consideration should also be given to the need for representation for the view of the Assembly in the reformed House of Lords. Should not the Assembly be granted representatives and speaking rights if bills for Wales are to be handled there, or will primary legislation be devolved. Finally consideration should be given to the need for a President of the Institution. The Assembly needs a President (nominated in the first instance) in particular in its overseas functions - especially in trade fairs and in Brussels. It is not appropriate for the First Minister to have to travel around the globe when the Assembly is sitting. Other countries use this role effectively. The Assembly should find such, or similar roles for senior retiring members! |
| Yours sincerely
Gareth Butler |
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