Monday, July 04, 2005
A Pontcanna moment
No doubt some Labour AMs believe that concerns about the Government's White paper on giving the Assembly more powers amount to a Pontcanna moment - of no interest to anyone outside a small group of the chattering classes. They may well be right but such a judgement demonstrates a greater concern with presentation than substance. What is being discussed down the local pub is important but it is not the only matter worth discussing. Getting process issues right as well can be vital to delivering on the policies that really matter to the man and woman in the street.
Thus we need to take the views of academics about Labour's plans for reforming the Welsh Asseembly seriously. These concerns include:
The lack of clarity over immediate proposals to give the Assembly 'framework powers' to amend legislation passed at Westminster. Currently there are no plans to introduce a 'devolution audit' of new Westminster legislation, leading to fears that government departments will adopt varying approaches towards what scope the Assembly will have to implement its own policies;
Fears that the proposal to give the Assembly specific lawmaking powers via orders in council is the result of political manoeuvring designed to appease various factions of the Labour Party rather than getting a long-lasting and workable system. By keeping the power over Welsh legislation at Westminster, it would be possible for a future UK Government to revoke legal measures introduced by the Assembly.
One of the problems of existing arrangements is the logjam of Welsh Bills at Westminster unable to proceed because of a lack of parliamentary time. But the need to secure special slots at Westminster for orders in council could make matters even worse: currently it is possible to 'piggy back' some Welsh proposals on to English Bills, but under the new system that would not be possible. Unsympathetic Westminster Ministers or government departments could also veto Assembly proposals or hinder progress;
Plans to allow the Secretary of State for Wales to decline to lay an order sought by the Assembly are seen as constitutionally unsound. The powers are Westminster's to transfer, not his;
Under the White Paper proposals, the Assembly would be likely to end up with a constitutional settlement less advantageous than Scotland's. Unlike the Scottish Parliament, which has been granted the power to legislate in all areas except those specifically exempt, the Assembly would be left with a complex set of powers that in some circumstances could give rise to ambiguity and legal challenge;
These criticisms underline the improvements that need to be made to the present proposals so as to give the Assembly real powers to make a difference in Wales. They may not be as important to many people as the performance of the Lions against the All Blacks but they do matter and they need to be taken seriously.
Thus we need to take the views of academics about Labour's plans for reforming the Welsh Asseembly seriously. These concerns include:
The lack of clarity over immediate proposals to give the Assembly 'framework powers' to amend legislation passed at Westminster. Currently there are no plans to introduce a 'devolution audit' of new Westminster legislation, leading to fears that government departments will adopt varying approaches towards what scope the Assembly will have to implement its own policies;
Fears that the proposal to give the Assembly specific lawmaking powers via orders in council is the result of political manoeuvring designed to appease various factions of the Labour Party rather than getting a long-lasting and workable system. By keeping the power over Welsh legislation at Westminster, it would be possible for a future UK Government to revoke legal measures introduced by the Assembly.
One of the problems of existing arrangements is the logjam of Welsh Bills at Westminster unable to proceed because of a lack of parliamentary time. But the need to secure special slots at Westminster for orders in council could make matters even worse: currently it is possible to 'piggy back' some Welsh proposals on to English Bills, but under the new system that would not be possible. Unsympathetic Westminster Ministers or government departments could also veto Assembly proposals or hinder progress;
Plans to allow the Secretary of State for Wales to decline to lay an order sought by the Assembly are seen as constitutionally unsound. The powers are Westminster's to transfer, not his;
Under the White Paper proposals, the Assembly would be likely to end up with a constitutional settlement less advantageous than Scotland's. Unlike the Scottish Parliament, which has been granted the power to legislate in all areas except those specifically exempt, the Assembly would be left with a complex set of powers that in some circumstances could give rise to ambiguity and legal challenge;
These criticisms underline the improvements that need to be made to the present proposals so as to give the Assembly real powers to make a difference in Wales. They may not be as important to many people as the performance of the Lions against the All Blacks but they do matter and they need to be taken seriously.
