Supporting charities, volunteers and communities

Wales Council for Voluntary ActionWales Council for Voluntary Action

www.wcva.org.uk 0800 2888 329 help@wcva.org.uk

Voices for Change Cymru supported by

Voices for Change Cymru

• Began in May 2008

• Direct response to latest stage of devolution in Wales

• Provide services to help the voluntary sector understand implications and opportunities of devolution

• Training, website, info resources, advice

“Devolution is a process, not an event”

Ron Davies, Secretary of State for Wales 1997-98

The history………• 1536 & 1543: Acts of ‘Union’ passed by

Henry VIII, Wales is “united to and annexed with England.”

• 1881: First piece of Wales only legislation – Sunday Closing Act

• 1964: Sec of State for Wales & Welsh Office established

• 1979: Referendum – 80% against

1997 Referendum

• By 1997 devolution back on the agenda

• Thatcherism

• Cross party co-operation within Labour Party

• Scottish precedent – A “yes” vote one week before Welsh vote

• Referendum – 50.3% vote YES

Government of Wales Act 1998

• Establishes National Assembly for Wales as a body corporate (not a Parliament – Government model)

• 60 Assembly Members• Policy development and subordinate legislation

only – no primary legislative powers• Statutory obligation to consult the voluntary

sector – Vol Sector Scheme and Partnership Council established

1999 - 20071999 Labour Minority Government (Alun Michael)2000 Rhodri Morgan takes over, Lib Dem coalition,

begins to create distinct Welsh Assembly Government

2002 Richard Commission set up2003 Labour Government after election2004 Richard Commission reports2005 Labour Party response is Better Governance for

Wales paper (not all recommendations accepted)

2006 Government of Wales Act 2006 passed at Parliament, the next phase of devolution for Wales

Quick quiz

True or False . . . Vote now!

1. Wales now has more than 60 AMs

2. Wales has primary law making powers

3. AMs can speak in Welsh in the Chamber and committees

4. Wales has tax raising powers

Government of Wales Act 2006

• Officially splits the Executive (Welsh Assembly Government) and the legislature (National Assembly for Wales)

• Gives law making powers to Wales – in certain policy areas and with consent of Westminster

• Allows for further devolution if certain criteria are met

National Assembly for Wales

• 60 AMs elected every 4 years• 40 AMs covering constituencies• 20 covering 5 regions (north, mid & west, south

west, south central, south east). 4 in each region• Mix of First Past the Post and Proportional

Representation• So each Welsh citizen has 5 AMs

The National Assembly today

• Wales has a four-party system;– Labour (26 AMs)– Plaid Cymru (15 AMs)– Conservatives (12 AMs)– Liberal Democrats (6 AMs)– Plus currently 1 independent AM

• Need 30+ AMs to form the government• All parties have realistic potential to form part of

governing coalition• Currently Labour/Plaid coalition “One Wales”

government

Party Leaders

Kirsty Williams

LiberalDemocrats

Rhodri Morgan

Labour

Ieuan Wyn Jones

Plaid Cymru

Nick Bourne

Conservative

The NAfW / WAG relationship

National Assembly for Wales – All 60 AMs

44 “Backbenchers” – without Ministers and Presiding Officer / Deputy

Welsh Assembly Government

14 Ministers

Hold to account / scrutinise

Civil servants support

Third Sector Scheme

Assembly Commission and AM’s own staff support

Committees / questions / petitions / AMs ballot

What can we do in Wales?

• There are 20 areas of Policy devolved to Wales.• List of what’s devolved not what’s reserved

(compared with Scotland)• Welsh Ministers can make policy decision and

subordinate legislation in these areas.• We can also request the power to make primary

legislation in these 20 areas but Westminster has to agree - totally new system, complex but an opportunity nonetheless

20 devolved areas or “fields”

Agriculture, fisheries, forestry & rural development

Housing

Ancient monuments and historic buildings

Local Government

Culture National Assembly for Wales

Economic development Public administration

Education & Training Social Welfare

Environment Sport & Recreation

Fire & rescue services and promotion of fire safety

Tourism

Food Town & Country planning

Health & Health Services Water & flood defence

Highways & Transport Welsh language

Lawmaking process2 ways that the power to make legislation can be transferred to Wales:

1. Through the inclusion of powers in a UK Act of Parliament

2. Using a Legislative Competence Order (the Assembly asking for the powers)

Once the power is transferred only then can we make Welsh laws – “Assembly Measures”

The rules of the LCO Game!

• Can only ask for powers in one of the 20 devolved areas

• Can be proposed by WAG, AMs or a committee• Cannot ask for the powers over the whole of an area

e.g. cannot request the power to make laws in whole “Social Welfare” field only part of it

• Considered by Assembly and at Westminster – both must agree to the transfer of powers

• Must deepen not broaden the devolution settlement• Wales needs to make the case for having the powers

Issues with the LCO process

• New, complex and hard to engage with• Lack of clarity over what the “rules” actually are• More work for civil society – lots of lobbying and still

a very key role for Westminster in agreeing powers so need to lobby in Cardiff and Westminster

• Means the powers of Wales are constantly changing and being added to – makes devolution even harder to keep up with

• Aren’t laws themselves just the potential – can take over a year and then the law making has to begin

LCOs so far

Examples of LCOs passed so far:• Education (Additional Learning Needs)• Vulnerable Children• Domiciliary Care (Charging)

Controversial LCOs still waiting:• Environment• Affordable Housing• Welsh Language

It’s not all bad news

• We can make laws where we have the powers • Once the power is there Assembly measures can be

proposed by WAG, AMs or a Committee• Some examples of Welsh laws that have been made

so far include:

Healthy Eating in Schools Measure (backbencher)

NHS Redress Measure

Learner Travel Measure• At least we now have the possibility to make

legislation

Ways to engage in Wales

• Third Sector Partnership Council / Ministerial Meetings – the Government route

• Scrutiny of Government via AMs – questions / short debates / committee work

• Ideas for legislation – AMs ballot

• Petitions system

Welsh Campaigns

“Little steps make a big difference” Footcare campaign

Canoe Wales – Access to Rivers Petition

Issues for devolved campaigns

• Different powers and devolution settlements, knowing what’s devolved isn’t easy (especially in Wales as it changes!)

• Capacity – project survey revealed issues

• Different policies = different statistics and reports required

• But gives new opportunities and can learn from each other

The future for Wales• More powers built into GoWA 06 – powers to

make primary legislation in all 20 “fields” but still no tax raising powers.

• Only if the people of Wales want it – referendum• 2/3s of AMs; Sec of State for Wales and both

Houses of Parliament must agree to Referendum

• Labour / Plaid coalition aiming for 2011• All Wales Convention due to report 18

November 09

Issues• Labour do not want referendum defeat

(memory of 79 looms large) Peter Hain warns against “rushing in.”

• But it’s the basis on which Plaid Cymru went into coalition with them

• May have Conservative Secretary of State by 2011

• New leader of Labour Party in Wales by end of the Year

Thank you for listening.

Any questions?