Supplementary Memorandum from the Rt Hon Ron Davies AM
In December of last year, I circulated my paper ‘In Search of Attitude’ to all Assembly Members. It is this document which I have used as a written submission to this Group.
The purpose of that paper was to initiate effective discussion and analysis of matters surrounding the effectiveness of the Assembly’s ability to influence Primary Legislation in Westminster.
I highlighted the problems, which face the Assembly under the current processes and suggested ways in which some of these problems might be remedied.
At the heart of my proposals lies the need to ensure greater transparency.
I believe that if the Assembly’s processes themselves are more open, transparent and inclusive then the outputs of policy will be correspondingly better
Progress was made during the compilation of the programme considered in plenary on 13th March. Assembly Committees were consulted but the consultation seems to have been designed to elicit responses on legislation known to be in the pipeline already rather than exploring new areas where the Assembly’s better and more immediate interests could be served.
Nevertheless, it’s a useful first step and one that hopefully can be built on to promote open-ended and systematic review by each Committee of its legislative needs and aspirations. Hopefully, these bids could be considered and prioritised by the Assembly at large before being submitted to the government in London by the First Minister and the Secretary of State.
There is however, a lack of understanding in the world outside the Assembly about what the Assembly can actually do. One way to respond to this would be to initiate discussion with those outside interests, as to what should or should not be included in a potential bid for legislative time.
That hasn’t happened so far. Was this a conscious act of policy or simply an act of omission?
In any event, should we not ensure that in future years, we consult the social partners, the CBI, the TUC, the WCVA and its constituents, the WLGA, Assembly-Sponsored Public Bodies and others with a direct interest in what the government does?
Standing order no. 31.10 now requires the Cabinet to bring forward proposals for future primary legislation. This year the Cabinet have proposed a Health and Well-being Bill and an Education Bill - these no doubt neatly dovetail with the key priorities of the present government if it is re-elected. Two further measures relating to bank holiday status for St David’s Day and the reform of census procedures are symbolically important to us in Wales but are surely put forward more in hope than expectation?
Wouldn’t a wider process of consultation have produced a more varied list incorporating something like the following?
  • Legislation to provide greater operational independence for the Welsh Development Agency and to transfer to the National Assembly the residual functions currently invested in the Secretary of State.
  • A Bill to give the power for the Children’s Commissioner for Wales to inspect Home Office establishments as called for by Children in Wales.
  • Legislation to bring about a Strategic Rail Authority for Wales. The current arrangement, whereby the Assembly only has a consultative role in the appointment of one member to represent the interest of Wales in this area, is unsatisfactory for the promotion of a truly sustainable transport strategy in Wales.
  • A ‘Common Land Management Act’ to bring about effective utilisation and protection of common land for wildlife habitat and related conservation purposes.
  • Legislation to abolish student loans and tuition fees and re-initiate grant funding for students in further education.
  • Legislation to strengthen the status and funding of S4C.
  • A Marine Conservation Act to convey powers to the National Assembly for the protection of the marine environment and bio-diversity.
  • A Forestry Act to convey new powers to the National Assembly in relation to forestry and to transfer to the National Assembly for Wales those powers in relation to the functions of the Forestry Commissioners currently held by the Secretary of State.
  • To place the Arts Council for Wales on a statutory basis and to ensure greater accountability to the National Assembly.
  • Legislation to clarify the existing position on GMOs and to empower the National Assembly to make appropriate regulations.
It was important that we submitted an ambitious programme for inclusion in the Queen’s Speech following a general election.
This will be the most significant legislative programme since the Assembly has had the procedures in place to allow its own wishes to be expressed.
We need to know the attitude that the new government will take.
Will it ensure that all legislation which is initiated and which relates to devolved matters conveys maximum discretion to the Assembly?
Will it ensure that the Assembly’s proposals, where appropriate, will be incorporated into its own Bills?
Will it ensure that adequate provision is made for the submissions by the Assembly?
If it fails these tests, will it indicate whether its opposition is ideologically-based or whether it relates to a shortage of time and, if the latter, will it indicate whether the Assembly’s proposals will be incorporated in future year’s programmes?
One thing seems abundantly clear to me – the less we ask for, the less we are going to get.
We need to know precisely how the Westminster government views the Assembly on this critical issue of legislation.
The evidence from the current session is not encouraging.
The Children’s Commissioner has been established via a welcome ‘Wales only Bill’ although sadly, it’s powers (thanks to Home Office objections) fall far short of those advocated by, for example, Children in Wales who can legitimately claim to have been the first advocates.
The First Minister accepted the recommendation from the EDC that the Assembly should be given order-making powers in respect of the Regulatory Reform Bill. The Bill as it stands, albeit not having completed its Parliamentary passage, offers only the right of consultation to the Assembly and not the order-making powers as suggested by the EDC and recommended both by the Executive and the Assembly.
We mustn’t allow ourselves to fail for want of vision, imagination and a poverty of ambition. The advocates of the legislative status quo argue that we must make the present system work. So be it.
Lets try to make it work as vigorously as possible. The responsibility then rests with central government to respond in an equally vigorous and constructive way.
However this debate is conducted, the Assembly needs to ensure maximum transparency and disclosure of information.
Ron Davies
21st March 2003