Skip to main content

Neutering the Assembly

Last year, this blog discussed proposals by the Welsh Assembly Government to introduce legislation to suspend the ‘right to buy’ for council house tenants in Wales.

This was to be one of the first ‘Legislative Competence Orders’ which would, under the 2006 Government of Wales Act, essentially give Wales the power to pass its own laws, albeit after seeking permission from the House of Commons and its all-party Welsh Select Committee.

Given the emotive content of the legislation, commentators had suggested that politicians in Cardiff Bay should have chosen something that would have been passed with little opposition, thus embedding the legislative process for subsequent laws.

By focusing on housing laws in this way, some thought that the Assembly was ‘picking a fight’ with its bigger relative in St Stephen’s Green as it was clear that there would be difficulties with this issue from the start.

Indeed, as the Labour Party, in its wisdom, has set up a process whereby the UK Parliament could discuss and vote on the legislation being put forward by the Assembly, then MPs cannot be blamed for expressing their democratic right, as they are elected by the people to represent their views.

How on earth did we end up with this constitutional mess?

Some have suggested that this was a cunning plan to ensure greater backing for full Welsh law making powers and to show that MPs in Westminster could not be trusted with passing Welsh laws.

If there is any grain of truth in that rumour, then the stakes have suddenly been raised by the announcement at the end of last week that the Secretary of State for Wales would now essentially have a veto over laws put forward by the democratically elected members of the National Assembly.

So, as we approach the tenth anniversary of devolution in Wales, the Labour Government – which was content to let Scotland have full law making powers – has given control of Welsh legislation directly to a politician outside the National Assembly.

With a few exceptions, there has been a deafening silence from politicians and the media over this matter although bloggers such as Glyn Davies and the three Dewis on Politics Cymru have written on the issue in detail.

One can only imagine the howls of protests from the usual suspects if it had been a Conservative Government at Westminster that had given the Secretary of State for Wales a veto over the Assembly’s legislation.

Those who support further powers for Wales will see this as a retrograde step that allows Westminster to directly interfere in devolved matters. There is a small minority who believes that this is the impetus needed to ensure that there is a stronger case made for direct law-making powers for the Assembly with little intervention by Westminster.

However, this is a high risk strategy that could backfire during a recession in which the vast majority of Welsh people see the UK Parliament as the only aspect of government with the powers to make a difference to their lives in these troubling times.

It may also give fresh ammunition to critics who will argue that this whole process has emasculated the Assembly and reduced it to a glorified county council that deserves no further powers.

In my opinion, the whole point of having a National Assembly, voted for by the people of Wales, is that once matters are devolved, they should become the responsibility of the Assembly Members without any interference from London.

In now allowing the Welsh Office to essentially decide which laws can be enacted, politicians have allowed process to get in the way of demonstrating that devolution can make a real difference to the everyday lives of the people of Wales, leaving us with a legislative halfway house that does little credit to this nation or its political masters.

Comments

Unknown said…
So why did your Conservative colleagues in the Assembly and Westminster oppose the housing LCO then Dylan?
Unknown said…
Your "voted for by the people of Wales" .....

..... a tad rich I think, 50.1 percent turnout, with the "Yes" vote having 50.3 percent which represents 25.2 percent of eligible voters.

Devolution by sleight of hand is closer to the truth, as was this particular LCO, an attempt at sleight of hand.

But we have Westminster to protect the interests of the Majority.
Glyn Davies said…
Dylan - I will try to an 'alternative view' blogspot on this later. I'm one of these politicians that keeps an open mind on the best way forward, and is willing to adjust my opinion on the basis of a new reality. There must be some way in turning this into a positive
LC - rather than repeat myself over this issue of the right to buy
and the LCO, read my response for on the right to buy blog entry.

SM - as they say in the politics, winning by one vote is as legitimate as winning by 10,000! Anyway, now it is here the most important issue is to get the whole process to work and, in doing so, ensure that Wales gets the best deal. I would think that everyone, apart from the odd blinkered view on the Labour benches that the current arrangement is a bit of a 'lob scouse' and needs improvement.

GD - I am not too sure about whether this can work. A veto for the S0S is tantamount to being in the same position prior to 1997 and takes the Assembly three steps backwards when it should be going two steps forward. However, I am sure you will come up with something relevant.
Peter Black said…
Totally agree however on your point that "With a few exceptions, there has been a deafening silence from politicians", some of us have had our say: http://peterblack.blogspot.com/2009/01/what-are-plaid-cymru-for.html
Apologies, Peter, have been getting on with the day job so haven't had as much time to read all the wwlesh blogs but your point is well made.
James Dowden said…
This mess has some precedent. It's a fairly well-known fact that Timothy Healy, when he was made Seanascal (Governor-general of the Irish Free State), received secret instructions from the Westminster Government to withhold Royal Assent from the Irish Government's legislation under certain circumstances. Whilst this was against the expectations expressed in the Balfour Declaration and therefore a covert action by the Westminster Government, it is no secret that Paul Murphy even attends the Westminster Government's cabinet meetings.

If a referendum does give legislative powers to the Welsh Assembly, it will be an even more pressing matter to replace the position of Welsh Secretary with separate posts to represent Her Majesty the Queen as Head of State and the Westminster Government in Wales. (And although the Welsh Assembly is an excellent example of representative democracy, this is not the only potential conflict of interest by concentration of powers in the current constitutional mess.)

The parallel with the Irish Free State may cause some disquiet with unionists. I feel this is unjustified. Although the situation in Ireland was dealt with in the same fashion as the Commonwealth Dominions by the Imperial Conferences of 1926 and 1930 and the Statute of Westminster of 1931, thereby enabling De Valera to manipulate matters to independence, this was not a foregone conclusion of the legal position, as illustrated by Newfoundland reverting to British (and subsequently Canadian) rule. (And if you really want to stir things up, it is arguably technically correct to observe that Wales is already a dominion of the crown, as a look at legislation before the Wales and Berwick Act, 1746, cleaned up interpretation will show.)
Anonymous said…
You are far too patient with idiots such as Lenin Cymru who hates Tories with a vengeance. No wonder Dale called him a twat but a trot twat would have been more accurate

Popular posts from this blog

THE IMPORTANCE OF FRANCHISING

When we talk about start-ups and entrepreneurship, rarely do we discuss the potential of franchising not only as a way of establishing new ventures in the economy but also as a method of growing existing businesses. According to the British Franchising Association, franchising is the granting of a licence by one person (the franchisor) to another (the franchisee), which entitles the franchisee to own and operate their own business under the brand, systems and proven business model of the franchisor. The franchisee also receives initial training and ongoing support, comprising all the elements necessary to establish a previously untrained person in the business. This enables individuals to start their own businesses without having to develop their own ideas and utilising an existing brand and established market. Of course, whilst each franchise business is owned and operated by the franchisee, the franchisor controls the quality and standards of the way in which the business is

THE MANUFACTURING STRATEGY FOR WALES

Last night, I received the following comment on the previous post relating to a piece I had written back in early 2007 about the state of the manufacturing sector in Wales. "Dylan, you seem to be ignoring the fact that manufacturers in Wales have written the manufacturing strategy. Small and large manufacturers, all represented at the Manufacturing forum, have co-written this strategy. WAG has recently supported this strategy and have funded a co-ordinator with resources. Manufactures are happy with this progress as they are following the strategy they wanted. I know that the Conservatives have attacked the strategy as they seem to think that WAG wrote the strategy. They couldn't be more wrong. The Manufacturing Strategy was written by manufacturers, for manufacturers and is supported by WAG. If you don't agree with this, then I can invite you to the next Manufacturing Forum and you can explain to the manufacturers how their strategy is wrong....I appreciate that there is

INTRAPRENEURSHIP

Whilst we often consider entrepreneurship to be associated predominantly with new start-ups, larger firms - in order to compete effectively in fast-changing global markets - are adopting more innovative and enterprising approaches to management within their organisations. One of these approaches is the development of entrepreneurship within a corporate environment (or intrapreneurship). Research has shown that intrapreneurship is not easy, and there are considerable differences between an intrapreneurial and a traditional corporate culture, with the latter having an emphasis on a culture and reward system that tends to favour caution in decision-making. For example, large businesses rarely operate on a "gut-feeling" for the market-place, as many entrepreneurs do. Instead, large amounts of data are gathered before any major business decision is made, not only for use in rational business decisions, but also for use as justification if the decision does not produce optimu