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Huw Irranca-Davies MP
(Ogmore)
House of Commons
London SW1A OAA

Lord Richard QC
Richard Commission
Caradog House
1-6 Saint Andrews Place
Cardiff
CF10 3BE

 

2003-06-23

 

Dear Lord Richard

I would be grateful if you would take into consideration in respect of your current consultation exercise relating to the powers and responsibilities of the National Assembly for Wales (NAW). My comments are fairly brief, but I do feel are reflective of the views of many of my constituents.

In respect of the transfer of primary legislative powers to the NAW I am in agreement that this is a desirable outcome at some stage. However, I do not feel that we have reached that moment yet. In order to ensure that any future transfer of powers t the NAW is supported by a democratic mandate in Wales, I would firmly suggest tat a referendum of the views of the people of Wales should be sought. Whilst this may not be deemed technically necessary, as an advocate of further devolution of powers myself, I feel it would be hugely desirable to achieve a strong and clear mandate from the people of Wales for the further devolution of powers, especially when the original referendum to establish the NAW was won by such a narrow margin, and subsequent election turnout have been disappointingly low.
The case clearly needs to be made to the people of Wales that (1) effective use of the existing powers to allow for consistent improvements year on year in those areas for which the NAW is responsible are demonstrated and (2) that the case is made in the public domain that the transfer of further powers will show proportionate results in the further improvement in the areas of the devolved powers.
I firmly believe that the NAW has already made a significant difference to the people of Wales, but that perception. is clearly not universally held among the public in Wales, and therefore I feel we have to win the latter argument before proceeding with further devolution of powers.
In respect of the proportional representation system employed in the elections to the NAW, may I suggest that this is an area that needs immediate and urgent address. Firstly, whilst I would agree that all NAW members are equal, they are also different. A constituency AM should not be in some competitive situation with a regional AM, when the latter chooses to represent themselves at a constituency AM, and is able to "cherry pick" popular issues on which to campaign, and ignore those which would cause most difficulty. The AMs who are elected through the PR "top-up" system should therefore be clearly differentiated from their colleagues elected by first-past-the-post (FPTP). In essence, the FPTP AM becomes the sole constituency representative, whilst the top-up member assumes a different role.
May I make some tangible suggestions. Firstly, the top-up AM should be given clearly differentiated roles and duties that do not include constituency functions, but may include enhanced responsibilities (for example in scrutiny functions) in the NAW. Secondly, and related to the first point, no additional funding should be given to the top-up AM for constituency costs, to preclude their availing themselves of an office within the constituency. Thirdly, the top-up member should not be allowed to carry out traditional constituency surgeries, however, clearly, there must be opportunity for the top-up AM to solicit views out in the wider community in some form. And finally, in order to formally delineate the two types of AM the top-up members should be elected from a national Wales list, and not from a regional list.
One argument against the above proposal, that is frequently put forward, is that his fails to deliver a party political AM of various hues in each constituency, and thus disenfranchises some of the electorate. I would strongly refute that, and argue that the elected representative by FPTP is elected to represent all of the community, and not simply to represent those who supported one political party. To argue otherwise is to denigrate the integrity and authority of elected representatives who win their seats by FPTP.
I do hope that the above comments can be factored into your on going deliberations. I should point out that I do think it is both desirable and perhaps inevitable that primary legislative powers will reside in the NAW before too long. However, I hope I have made clear that this must happen as a result of the will of the people of Wales, and not as a result of the will of the political classes.
Yours sincerely

 

Huw Irranca-Davies MP
(Ogmore)
Tel: 0207 2194027
Fax: 0207 2190134
E-mail: irrancadaviesh@parliament.uk

 

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