PRESBYTERIAN CHURCH OF WALES – CHURCH
AND SOCIETY BOARD.
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COMMISSION ON THE POWERS AND ELECTORAL
ARRANGEMENTS OF THE NATIONAL ASSEMBLY FOR WALES
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A response from the Presbyterian Church
of Wales.
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1. Introduction
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The Presbyterian (or Calvinistic Methodist)
Church of Wales has its denominational origins in the
Evangelical Awakening of the early eighteenth century
and has formed a part of Welsh life and community since
that time. It is a member of Cytun (Churches Together
in Wales) and was represented on the working party that
produced the Cytun working party response to the Commission.
Much of that response provides the basis for this report
but the position of the Presbyterian Church of Wales
(PCW) is different on some important issues and we would
like to present them to the Commission.
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In 1996 the PCW was a party to the Cytun
report, ‘Wales A Moral Society?’ and the section
on Governance commended
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- nationhood as involving the expression
of the history and self-understanding of a particular
community of people in relation to a particular area
(p.64) and
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- the common task of the people of God to share as
partners in the common task of restoring persons,
communities and nations within the reign of God, which
for us as Christian people is inaugurated and fulfilled
in Jesus. (p67).
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A report from the Church in Wales –
‘Wales in Europe -Core or Periphery?’(1992)
argued that Welsh nationality is based as an idea of
belonging to a place and that as a historic nation might
perform a role as an intermediary form of government
within Britain and Europe. The more recent Catholic
Bishops’ document The Common Good,
(1997) drew attention to the principle of subsidiarity
which supports a dispersal of authority as close to
the grassroots as good government allows, preferring
local over central decision-making. It also implies
the existence of a range of institutions below the level
of the state.
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These views may be related to Wales as
both a historic nation and as a region in the UK and
Europe and consistently with them the PCW has, at least
since the Kilbrandon Commission declared itself in support
of an elected assembly for Wales. More recently our
General Assembly declared in favour of an assembly with
legislative and budgetary powers and so we think it
appropriate to attempt to answer the questions that
have now been directed to us.
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2. The Questions
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| Are the powers of the National Assembly sufficient
to meet the needs of Wales? |
| Does the Government of Wales Act provide the Assembly
with the powers it needs to operate effectively and meet
the expectations of the people of Wales? |
| The present constitutional settlement has provided a
democratic basis for the exercise of administrative powers
previously exercised by the Welsh Office. It is, however,
limited and imposes constraints on the effective working
of government in Wales. It is difficult for people to
know whether powers are retained by Westminster government
or have been devolved. Government structures need to be
transparent and a simpler division of powers should be
developed. |
| The Cytun report highlighted some of the areas where
there have been limits on the ability of the Welsh Assembly
to deliver services and we agree that generally there
are difficulties in functioning effectively where powers
relating to common responsibilities are shared .In some
cases, like retained Home Office control of safety and
criminal justice in Wales, the allocation of functions
makes it difficult to give a properly integrated and accountable
service. |
| A major difficulty is the inability of the Welsh Assembly
to do more than re-arrange priorities for expenditure
or undertake new functions which are not given by primary
legislation from Westminster or available under granted
powers of subordinate order making. |
| Whether, and if so how, the powers should
be extended, strengthened or changed and whether they
should include tax varying powers. |
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The powers of the Welsh Assembly should
be extended to enable whole subject areas to be devolved
and include the matters referred to above. It would
be better to have the exceptions to devolved powers
made clear and explicit and the Assembly should be given
the power to make laws on all matters for the good government
of Wales which are not reserved to the UK Parliament
or the European Union institutions.
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Powers should match the status. For a
national/regional body to remain without the policy
making function of primary legislation is to diminish
its role – it could be a reason for the lack of
interest at elections. Devolved powers can not be fully
effective unless the Assembly has the ability to introduce
new legislative provision to cover services. We suggest
that, even if a further referendum is necessary, powers
should be given to the Welsh Assembly on the lines of
those in Scotland or of the German lander and other
leading regional governments in Europe.
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There should also be tax-varying powers
to enable specified improvements in services to take
place (or to reduce the burden of any particular tax)
with the variation power limited,posibly to 3pence in
the pound either way.
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Structure and Working Arrangements
of the National Assembly
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| If the Assembly were to acquire greater law making
powers – is it inevitable that it would need to be
reconstituted on the Parliamentary model? |
| If so what organisational changes would be needed
to support this model and what would be the gains and
losses from making this change? |
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Whether greater powers are given or not
it is important that the Welsh Assembly should be subject
to provision for a partnership approach.
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The adversarial model of Westminster
parliament is not appropriate to the present devolved
functions and we support the corporate approach through
committees but with a strong monitoring provision. We
also consider that the dispersal of the Welsh Assembly’s
administrative departments throughout Wales is important,
whether or not the restructuring involves greater law
making powers or not. Regional offices are not enough
and it should be part of reform to make dispersal of
offices a feature of Welsh Assembly government.
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The separation of functions within the
Welsh Assembly between the Presiding Officer’s
Office and the Welsh Assembly Government as an expression
of the executive is to be welcomed. There should be
a further clarification between the administrative and
executive functions of the Welsh Assembly Government.
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The Scottish model of encouraging civic
society to use petitions as a formal way of involving
those outside the Assembly would help to increase public
participation.
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If wider powers to the Welsh Assembly
are given the parliamentary model may become necessary,
but political parties, and independent groups, in the
Assembly should be represented on Departmental committees
according to their strength and they should be consulted
by the Minister on policy and on proposed legislation.
They should be given power to review the progress of
their Department and call witnesses to their meetings
as part of the review.
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In any case there needs to be a fundamental
restatement of common goals for the Assembly, such as
the sustainability of development, the development of
bilingual policy and solidarity with the disadvantaged.
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| The Relationship between the Assembly in Cardiff
and the Parliament at Westminster |
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How effective has the Assembly been
in influencing UK Government policy making in relation
to Wales – what are the practical examples which
illustrate the strengths and weaknesses of the process?
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| The Cytun report provided a good list of areas where
the Assembly had been effective in influencing activities
in Westminster but the process for doing this should be
identified. But, as was noted by the Cytun paper in the
example of the Criminal Records Bureau’s unwillingness
to produce a full range of Welsh language forms, where
the Assembly does not have the powers its ability to influence
is limited to persuasion. Much then depends upon the response
of the individual departments. |
| What are the advantages and disadvantages in principle
of having a law making process which is shared between
Cardiff and Westminster and what are the respective contribution
of AMs, MPs and Peers? |
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There are fundamental advantages in having
a shared law making function. Power should be exercised
on behalf of the community and the vesting of power
in one institution, even if is subject to elections,
can easily result in autocratic government that overlooks
the need for solidarity and concern for the whole community.
Shared power puts some limits on central government
as well as observes the concept of subsidiartity. The
constitutional sharing of powers should also extend
to the recognition of local government exercising functions
wherever possible.
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| The devolved assembly also needs to be subject to constitutional
restraint on the misuse of powers and this would probably
be better worked through the courts process, with remedies
available both to central government and individuals. |
| The PCW has suggested that a reformed House of Lords
should be made up partly of nominees of regional government
and in the case of Wales that would mean the Assembly.
This would assist in building up a working link between
the Welsh Assembly and Westminster parliament. Other constitutional
contacts should be established between representatives
of the Welsh Assembly, UK Government and the European
Union with a brief to advise on legislative proposals
of common interest. The powers of the Welsh Assembly should
also enable formal direct constitutional contact with
the European Union. |
| What would be gained or lost if powers
to make fundamental policy changes through primary legislation
were passed from Westminster to Cardiff? |
| The advantage to the people of Wales would be the ability
to shape their own affairs more creatively and the Assembly
would gain a greater coherence in terms of its activity.
As stated in the Cytun report, a more creative approach
could to be applied between the Assembly and other regional
legislatures within the UK and Europe. There needs to
be a capacity for the exchange of information and the
consideration of good practice and the concept of the
Council of the Isles should be promoted.
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| How would Welsh interests be affected
if the role of Welsh MPs were to be reduced as a consequence
of the acquisition of primary law making powers by the
National Assembly? |
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Even if primary powers were given to
Wales, there would be need for continued Westminster
representation because of the fiscal and other central
functions not devolved. As the Cytun report suggests,
there would also be an advantage all round in developing
a capacity to discuss and scrutinize policy development
on an UK level. MPs should have an important role in
collating information concerning the activities of all
the UK’s legislatures and considering best practice.
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The Role of the UK Government and
the Secretary of State for Wales
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| How would Welsh interests be affected if the Secretary
of State’s role was reduced as a consequence of the
acquisition of primary law making powers by the Assembly? |
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Cabinet membership represents more than
a departmental concern and it is important that the
Welsh interests continue to be directly represented.
The range of powers not devolved and the fiscal and
other UK implications of devolved powers also make for
continued representation.
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Relations between the Assembly and
Whitehall
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| What would be gained or lost if there was a clearer
separation between England and Wales in policy development
and implementation? |
| The civil service in Wales should be separate from England
and new patterns developed in a Welsh public service,
where staff could move could move between local and Assembly
staff, with standards ensured by a Welsh public service
staff college. |
| Funding Streams |
| Is this an issue for you or your organisation –
if so what have been the practical problems and how might
they be resolved? |
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On this, the only comment, additional
to that of the Cytun submission, is that European funding
is important for Wales and there should be a structured
meeting of representatives of the three levels of government
– European, UK and Welsh, but bringing in local
authorities, civic society including the faith communities.
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| MHP.GA. |
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