| From my experiences as an MP since the
Welsh Assembly was set up I have serious concerns over
the way primary legislation for Wales is both formed and
scrutinised, under the present system we have effectively
no open democratic scrutiny of measures which can have
far-reaching effects on the people of Wales.
Having said that I need also to express the caveat
that any serious extension of the powers of the Assembly
would need a further referendum. If there were a consensus
about this both in Wales and on a UK stage, perhaps
this would not be necessary, but there is no sign of
this occuring. Without such a consensus any serious
extension of the Assembly’s powers, such as giving
it tax-raising or primary legislative powers would not
be politically viable without a referendum.
The current democratic deficit
Currently I am sitting on the Health and Social Care
Bill Standing Committee, which although largely unremarked
by the Welsh press, in fact has far-reaching consequences
for Wales: It will set up the body that will audit and
inspect the NHS in Wales, and define the way in which
it reports to the Assembly; it will decide whether the
National Assembly has the powers to setup foundation
hospitals, and many other issues which will directly
affect patients and workers in the NHS in Wales.
The current system for formulating this legislation
is a process of negotiation between the Welsh Assembly
Government and Ministers in Westminster. Backbench MPs,
AMs, the press and the public are not privy to these
discussion, and have no way of imputing into them.
The detailed scrutiny the Health bill is getting involves
me (the only Welsh member of the standing committee
other than its chairman who does not speak) asking questions
of a Minister, who has no ownership of or interest in
the Welsh elements within the Bill, their stock answer
is "this is what came out of discussions with the Welsh
Assembly". Even this however is preferable to the situation
that could easily arise where there are no interested
Welsh members on a standing committee, and where Welsh
proposals would receive no scrutiny.
On the floor of the House of Commons the major English
elements of the Bill will dominate both the debates
and the voting intentions of individuals and parties,
with the possible exception of Plaid Cymru. It would
be unrealistic to expect anything else.
I supported devolution to make politics in Wales more
democratic and more accountable, the situation as it
is now is less open and less accountable in terms of
legislation, this is a major flaw.
There are two obvious solutions to these problems,
one is to give the National Assembly more law-making
powers, the other is to give Welsh MPs more ability
to scrutinise Legislation for Wales, without taking
up valuable time on the floor of the House of Commons
(which the Westminster Government would never agree
to).
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