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Richard Commission Question
"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"?
The Current Constitutional Settlement
8. The nature of the Devolution
settlement in Wales was deliberately cautious. The Assembly
was created by a "hair's breadth" vote in 1999 and it
is clear that for the Welsh public the jury remains
"out" on the question of deepening its role and future
development.
9. The elections of May 2003 showed a low
level of democratic engagement from the Welsh electorate
which averaged at 38.2% turnout but dropped as low as
15% in individual wards. The Assembly cannot be singled
out in this respect since the crisis of participation
in British democratic politics has affected turnouts
in general and local elections and must be understood
in the context of wider dissatisfaction with the political
process. What this means in practice for all elected
tiers of government is multifold and complex and is
one of the key dilemma’s of constitutional politics
in the UK.
10. In formulating this response the Association
recognises the fact that the Assembly has been in existence
for a little over four years. Political and institutional
maturity takes time to evolve and the Assembly is making
significant progress. We would however urge some caution
on the part of more impatient voices in Wales when it
comes to demands for primary legislation powers. The
Assembly has come a long way in a short period of time.
All participants in the devolution debate must recognise
that a major transfer of substantive policy formation
from Whitehall to the Assembly in many matters within
the devolved subject fields has occurred. This is particularly
the case in local government and health policy. This
contrasts with the situation pre-devolution when the
Welsh Office was principally concerned with implementation
and administration of Whitehall policies.
11. It also leads to the debate on form
following function. The WLGA shares the view of the
former Secretary of State for Wales, Rt. Hon Paul Murphy
MP that within the current configuration of the devolution
settlement it is the issue of "the Assembly's record
on the delivery of improved public services would be
the test (of the Assembly's success), rather than perceived
difficulties caused by a lack of primary lawmaking powers".
Assembly Impact
12. In such a context we point to the impact
of the Assembly on the economic, social and environmental
welfare of Wales. It is here that that the true test
of the devolution project can be located. Academics
may complain that the Assembly is constrained, but it
remains the view of local government that there is a
significant resource and power in the Assembly. In our
view this is currently sufficient to add value to Welsh
Governance provided its intended powers are not unnecessarily
fettered by parliamentary procedure at odds with the
devolution settlement.
13. In a recent speech Councillor Sir Harry
Jones the Leader of the Association made the following
plea "that I want the Assembly to add strategic value.
I want the Assembly to make a difference to Wales. I
want the Assembly to be the political `shop window'
for our nation and most of all I want the Assembly to
bring coherence to the governance of Wales. It cannot
do this if it duplicates, it can only do this if it
innovates and empowers".
14. The WLGA has been a prime advocate
and supporter of devolution. We are firm supporters
of regionalism in England as the way forward to bring
the benefits of the devolution dynamic to all parts
of the UK. At stake is a differential process where
devolution will progress at different speeds and within
different policy contexts. The ability to make a success
of the parameters of the existing Welsh settlement is
not a constitutional Catch 22 where the Assembly is
doomed to fail because of its lack of powers. What it
represents is a clear challenge to the Assembly to prove
itself, working with its partners in local government
and other sectors, to fashion service excellence across
the public sector and to carry out its pledges to democratise
non-elected bodies in Wales. If the Assembly does this
then it is more likely that over time more powers and
responsibilities will be conferred within the parameters
of devolution settlement. The Association would also
support at this stage changes which bring clarity and
better governance to the existing settlement (see paragraphs
20 to 25 below).
15. This response therefore seeks to develop
these arguments while at the same time stressing local
government’s commitment to devolution as a principle.
A recent study by the Joseph Rowntree Foundation showed
that the creation of the National Assembly had not crowded
Welsh policy space and had not reduced local discretion1. The emergence of a "Welsh Way" to public sector
reform has witnessed the development of an open policy
arena and willingness to engage in partnership with
local government. The Association would want continuation
of this policy of engagement to be reflected in the
stance of the new Welsh Assembly Government and in any
future constitutional arrangements.
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