Evidence from Jeff Rees to the Richard Commission on the Powers and Electoral Arrangements of the National Assembly for Wales. 31.07.03
The Powers of the National Assembly for Wales
  • in what practical ways do the powers of the Assembly, or the limits on its powers, impinge on you, your organisation or the people whom you serve and what are the best examples of this from your point of view?
Past practice and more recent changes in how Wales is promoted overseas as a Tourist destination impinge on the success of the Welsh Tourism Industry. Currently the Assembly have no powers to change the situation.
  • 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?
No.
The Tourism (Overseas Promotion) (Wales) Act 1992 means that WTB can promote Wales overseas in certain markets with consent of BTA/VisitBritain. Otherwise BTA/VisitBritain has the right and responsibility to market Wales overseas.  Currently WTB must enter into an Overseas Marketing Agreement with BTA/VisitBritain. BTA/VisitBritain does not have now or has ever had, targets for overseas tourism spend in Wales that result from it activities. Even if there were targets it seems unlikely that the Assembly could impose any sanction on BTA/VisitBritain for failure to achieve them.
BTA changed into VisitBritain on 1.4.03.  I will refer to this event as the "Process", to illustrate that the Government of Wales Act 1998 does not provide the Assembly with the powers it needs to operate effectively and meet the expectations of the people of Wales.
VisitBritain is now charged with promoting England in the UK and Britain overseas, both WTB and The Wales Tourism Alliance (representative of the Tourism Trade in Wales) have expressed their fears over the bias of the new organisation.
In 2002 Overseas Tourists spent 248 million GBP in Wales. The Strategic Target for Overseas Tourism spend in Wales is 354 Million GBP by 2010. This is a very significant increase. I believe it is achievable when the WTB is given the exclusive right and responsibility to promote Wales Overseas as a Tourist destination. Where, when and how it decides to. In the best interest of Wales. Currently this would take a new Act of Parliament.
  • whether, and if so how, the powers should be extended, strengthened or changed and whether they should include tax varying powers.
Primary legislative and tax varying powers must be granted to the Assembly so that it can give the WTB the exclusive right and responsibility to promote Wales Overseas as a Tourist destination, where, when and how it decides to, in the best interest of Wales
• if the Assembly were to acquire greater law making powers - is it inevitable that it would need to be reconstituted on the Parliamentary model?
No comment
• if so what organisational changes would be needed to support this model and what would be the gains and losses from making this change?
No comment
• 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?
A concordat between the Department for Culture, Media and Sport (DCMS) and the Cabinet of the National Assembly of Wales "Assembly Cabinet" was made in June 2000.
Included in that concordat’s memorandum of understanding is the provision:
  • DCMS and the Assembly should inform each other of any relevant information which comes to their attention which may require action by the other party.
I can find no evidence in the minutes of the "Assembly Cabinet " relating to the "Process," leading to the conclusion, the Assembly Cabinet was not informed about the impending changes, making it impossible to influence them.
In Wales only the First Minister is said to have been informed but the extent and the timing of this consultation are not publicly known.
Even the House of Commons Select Committee for Culture Media and Sport in their enquiry characterised the "Process" as seriously compromising the devolution settlement.
  • 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?
The disadvantage is clearly illustrated by the "Process," - Welsh interests were ignored at all levels.  Only when Cardiff has the powers to "take care of Welsh Business" can it be guaranteed that all Welsh interest will be taken into account when reaching conclusions on law making and policy.
  • what would be gained or lost if powers to make fundamental policy changes through primary legislation were passed from Westminster to Cardiff?
During the "Process", fundamental policy changes effecting Wales were made.   The WTB was not even consulted about its views, let alone anyone from the Tourism Trade in Wales. The WTB have stated this is not the model they wanted.
The future success of our Tourism Industry in Wales would be gained if powers to make fundamental policy changes through primary legislation were passed to from Westminster to Cardiff.
  • 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?
The only evidence I can find of a Welsh MP being involved in the "Process", was Kim Howells the then Minister for Tourism and the architect of the new VisitBritain. It would seem that in this case, Welsh interests would only benefit if the role of Welsh MPs were reduced.
  • 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?
I can find no evidence that the Secretary of State for Wales advocated for Welsh interests in this "Process".  Therefore in this case I can see no effect on Welsh interests if the role was reduced.
  • what would be gained or lost if there was a clearer separation between England and Wales in policy development and implementation?
The Tourism Industry in Wales would gain, as a business environment favourable to it, would be created.
  • how should we evaluate the costs and benefits of moving to a different form of devolution in Wales?
When the WTB has the exclusive right and responsibility to promote Wales Overseas as a Tourist destination, only it will have a target on which only its activities will be measured. Enabling the Assembly to allocate its resources in the best interest of the people of Wales. Currently the situation remains unclear, in its 2002 Annual report BTA claimed that its activities were responsible for the 248 million GBP spent by overseas tourists in Wales, while in 2002 the WTB claims to have reached it ROI target of 12:1 from every GBP spent from its own budget to promote Wales overseas.
  • what are the benefits which should be included in this evaluation - and what values should be attached to them?
No comment
  • is this an issue for you or your organisation - if so what have been the practical problems and how might they be resolved?
As for funding, the Scottish Parliament has identified that BTA/VisitBritain spends 5 million GBP a year on marketing Scotland. Therefore it should be possible for the Assembly to identify a similar number for Wales.  This money should then be transferred from the Westminster to Cardiff for the use of the WTB.