Richard Commission - written responses to the Commission's
consultation document
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Our Refl/EinCyf Greg Ashurst
Your Refl/Eicb Cyf JG
Direct DiallRbif Union (01633) 244491
FaxlFfacs (01633) 232123
DX (01633) 244721,..
E-dfalllE-Bost 33238 Newport (South Wales)(1)
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Civic Centre/Canolfan Ddinesig
Newport/Casnewydd
South Wales/De Cymru
NP20 4UR
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Secretary to the Commission
Richard Commission
Caradog House
1-6 St Andrews Place
Cardiff CF10 3BE |
19 February 2003
|
| Dear Sir |
| THE POWERS OF THE NATIONAL
ASSEMBLY FOR WALES |
| The Commission's Consultation
Paper was considered at a meeting of the Cabinet on 13
February 2003 and I have been asked to write to set out
the Cabinet's views. |
| The devolution settlement has
created a Wales level of Government which has placed a
considerable weight on the service delivery of powers
of Welsh Councils and has been responsive to finding Welsh
solutions to key issues affecting Local Government. The
Local Government Partnership Scheme which the Assembly
adopted in July 2000 sets out the Assembly proposals to
sustain and promote Local Government in Wales in the exercise
of its functions. |
| The Partnership Scheme recognised
that a vibrant local democracy in Local Government was
fundamental to the Government of Wales and welcomed the
Partnership's approach to developing and implementing
the modernisation agenda for Local Government. In consequence,
the tension which exists in England between Local Government
and Central Government have largely been avoided in Wales.
Indeed, the determination of the Welsh Assembly Government
not to implement some of the more controversial aspects
of Westminster legislation such as comprehensive performance
assessments has had a positive effect on Local Government
and public services to the extent that there has been
discussion about the Welsh way to public service reform.
Undeniably, relations between the Welsh Assembly Government
and Local Government are much closer as a result than
the relationships in Wales. |
| The Commission is seeking views
on the extent to which if any, the Assembly's power should
be enhanced, strengthened or changed and whether they
should include tax varying powers. The Cabinet's view
is that the Welsh Assembly Government has not been established
long enough to be tried and tested before it assumes new
powers and the addition of primary legislation making
powers cannot therefore at the present time be demonstrated
to be necessary. Nevertheless, events of the recent past
have demonstrated that the retention by the Home Office
of functions in Wales is anomalous and the Cabinet consider
therefore that any review or reclarification of the Welsh
Assembly Governments powers by the Richard Commission
should include a _ reclarification of the impact of the
Home Office functions in Wales. |
| If however, the Commission conclude
that a wider review of the Welsh Assembly Governments
powers is needed, the Cabinet are of the opinion that
this should only be pursued if it is the wish of the local
electorate expressed through a further referendum. |
| Role of AMs |
| The advent of the Welsh Assembly
Government has not been accompanied by any clarification
of the respective roles of MPs, Councillors and AMs at
local level. The Cabinet are of the opinion therefore,
that relationships in relation to local service delivery
and the way that policies work at the local level need
to be clarified on the basis that overlapping representational
roles are not acceptable and are not sustainable in the
public interest. |
| Electoral Reform |
| Whilst the Commission are not
consulting on this aspect of the terms of reference at
the moment, the Cabinet have previously expressed the
need for a wholesale review of representation in Wales
in response to the report of the Electoral Reform Commission.
The Cabinet consider therefore that this would be a timely
opportunity for the Richard Commission to carryout the
wholesale review of representation which the Cabinet have
called for, in the light of the current research into
the role of Town and Community Councils which is being
undertaken on behalf of the Welsh Assembly Government
and the report of the Commission into the Local Government
electoral arrangements in Wales. |
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Yours faithfully
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|
J Ashurst
Head of Law
and Standards
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