spring 2009

Production Editor: John Osmond Devolution Decade Assistant Editor: Nick Morris Associate Editors: On the face of it the verdicts we publish in this issue by leading protagonists in Geraint Talfan Davies, Rhys David the 1997 referendum on the first ten years of the National Assembly make pretty depressing reading. Professor Kevin Morgan, who chaired the Yes Campaign, is Administration: Helen Sims-Coomber, Clare Johnson especially damning. He lets us in to what he describes as “devolution’s dirty little secret”, its failure to make a fist of developing the Welsh economy. And the Design: statistics are incontrovertible. In terms of our prosperity relative to most other www.theundercard.co.uk parts of the United Kingdom, we’ve actually gone backwards in the first decade To advertise – declining from 77 to 75 per cent of the UK’s average GVA. When we started Tel: 029 2066 6606 out the Assembly Government’s stated ambition was to climb to 90 per cent by Institute of Welsh Affairs 2010, an aspiration that has been quietly dropped. One way or another our other 4 Cathedral Road contributors all point to the economy as the central reason for their Cardiff CF11 9LJ disappointment with devolution’s record so far. Tel: 029 2066 0820 Yet a narrow focus on the economy, important as it undoubtedly is, leads Email: wales@iwa.org.uk to a zero sum game. Devolution is about much more than that. And anyway, www.iwa.org.uk as Kevin Morgan himself concedes, the amount that government can do to The IWA is a non-aligned independent think- influence the economy will always be limited, especially a government with so tank and research institute, based in Cardiff with relatively little control over the main economic levers as the one in Cardiff Bay. branches in north and west Wales, Gwent, Ireland is often quoted as the economic miracle that Wales should emulate, by Swansea Bay and London. Members (annual people who tend to forget that it took more than half a century for Irish subscription £40) receive agenda three times a autonomy to reap real economic dividends. year, can purchase reports at a 25 per cent reduction, and receive discounts when attending Looked at in the round devolution has brought hugely positive gains for IWA events. Welsh society. First of all, and not to be dismissed, is the development of the political culture that is being created in Cardiff Bay, and spreading outwards Branches from there. The essential symbol is the National Assembly itself and its becoming North Wales Secretariat a legislature quite separate from the Government in Cathays Park. When you look c/o Huw Lewis back at the very poor hand that was delivered the fledgling Assembly by the 1998 6 Maes yr Haul, Mold, Flintshire CH7 1NS Wales Act, which fudged the essential separation of powers and grafted a Tel: 01352 758311 Cabinet on to what was essentially a structure of local government, to have created a Parliament in all but name in a short ten years is no mean achievement. Gwent Secretariat There are other aspects of civic Wales whose existence in their present c/o Chris O’Malley form we could not even discuss if the National Assembly were not their natural University of Wales, Newport, Caerleon Campus focus. The IWA has just published English is a Welsh Language, an important PO Box 179, Newport NP18 3YG analysis of the poor health of English language broadcasting. As we report on Tel: 01633 432005 page 7, this sets out the urgent need for a life support mechanism if Welsh West Wales Secretariat television is not to go into terminal decline. It is a message that is also being c/o Margaret Davies championed by the Assembly Government in its representations to Whitehall. Principal’s Office, Trinity University College, What is certain, however, is that if the 1997 referendum had gone the other Carmarthen SA31 3EP way Welsh broadcasting, in both Welsh and English, would be in a much more Tel: 01267 237971 parlous state with even fewer prospects than those we have today. Another area where there has been substantial development is what has Swansea Bay Secretariat become known as Legal Wales. As we report in a series of articles in this issue, c/o Beti Williams the development of law making in the Assembly is causing the judicial system to Department of Computer Science, respond in ways that are leading inexorably towards the creation of a distinctive Swansea University, Swansea SA2 8PP jurisdiction for Wales, to parallel those in Scotland and Northern Ireland. This Tel: 01792 295625 will have profound social and ultimately economic benefits. The creation of a Wales in London Welsh jurisdiction, with all the legal institutions that follow, will provide an c/o Robert John essential underpinning of Welsh civic culture, and be as important as the First Base, 22 Ganton Street, London W1F 7BY continued health of the Welsh language in ensuring that Wales survives as a Tel: 020 7851 5521 distinctive entity into the 21st Century. Not a bad return for ten years work.

1 contents opinion news outlook

Spring 2009 No. 37

Front cover: Close up of the interior roof of the Senedd building designed by Richard Rogers

opinion 15 Science Hiatus 22 Denbighshire Debacle 31 Green Deal Derek Jones on the Phil Cooke traverses 4 Victim Culture politics lessons we should learn the statistical swamp Simon Jenkins argues from the travails of a of the Assembly that we should show 16 Funding Brick Wall Welsh county council Government’s green more confidence in the Eurfyl ap Gwilym says jobs strategy custodianship of our the prospect of no 25 Wales for Africa architectural inheritance real increase in Welsh Carl Clowes says public spending the Assembly legal wales news demands a culture Government’s efforts shift in Assembly at relieving poverty in 34 Bypassing the 7 Latest news from the Government priorities the sub-Sahara need Assembly IWA and beyond a sharper focus Marie Navarro and 19 Frustrations of the David Lambert find outlook European Message that new powers are Eluned Morgan reflects being handed to 10 Devolution Dividend on 15 years in the Wales without scrutiny European Parliament Key figures in the 1997 or debate referendum campaign give their verdict on 20 Looking to Brussels 37 Creating a Welsh ten years of the Simon Mundy says Jurisdiction National Assembly the June European Phil Richards says Wales elections will mark a should take control of 14 Prosperity without growth coming of age her justice system

40 Law Reform John Williams makes economy the case for an independent Law 28 Repaying an Commission for Wales Outstanding Debt in the Valleys 42 Justice in Tongues Gwyn Griffiths describes Elfyn Llwyd argues that the extent of the Welsh bilingual juries should land reclamation task be appointed where still to be finished defendants request it

2 | www.iwa.org.uk newsflash environment culture Coming up… 45 Ocean Fiefdom 62 Natural Selection Devolution Decade Conference David Symes and Anthony Campbell 20 April 2009 Jeremy Phillipson explains that Darwin’s Royal Hotel Hotel, Cardiff describe how the ideas are as relevant Keynote speakers: Dame Gillian Morgan, Permanent Assembly Government today as when they Secretary, Welsh Assembly Government, Professor is centralising control were published a Kevin Morgan, Cardiff University, and Dr Richard over our inshore waters century and a half ago Wyn Jones, Wales Governance Centre

48 Tackling Plant Business Support Structures in west Wales Blindness West Wales Branch seminar Kevin Lamb examines the 6.00pm 20 April 2009 National Botanic Garden’s South Hall, Trinity University College, Carmarthen role in saving threatened Speaker: Allan Gray, Head of Business Support, Welsh plant species Welsh Assembly Government

51 Turning the Tide Relations in these Islands Roger Falconer assesses Thursday 23 April 2009 the environmental Rt Hon Peter Robinson MLA, First Minister, Northern Ireland impact of the proposed 65 Enlightenment Wales 6.45pm Lecture at Cardiff Law School, Museum Avenue, followed by dinner at Aberdare Hall Severn Barrage John H. Davies describes how Welsh thinkers were at the Future Health of the People of Wales 5.30–8.00pm Wednesday 29 April 2009 social policy centre of the 18th Century’s cauldron of North Wales Branch seminar revolutionary thought Glyndwˆ r University, Wrexham 54 Kids Today Speakers: John Wyn Owen, Chair, Academy health Sally Holland finds Wales; Dr Carl Clowes, Wales Centre for Health; reasons to be cheerful Dr Dyfed Huws, public health consultant in a new IWA report on how we are bringing How Well is NHS Wales tackling cancer, heart disease, up our children MRSA and c.Difficile? IWA/Academy Health Wales conference 55 Trailblazers 7 May Novotel, Cardiff Nigel Thomas reports 66 Liberty’s Apostle Keynote speakers: Professor Malcolm Mason, Cancer on an evaluation of the Paul Frame looks back Research Wales; Dr Phil Thomas, Director of Cardiac role of the Children’s at the life of Richard Services Wales; and Dr Eleri Davies, Director of Welsh Commissioner for Wales Price, a largely forgotten Healthcare Associated Infection programme. son of Wales European Union Question Time West Wales Branch Seminar communications 70 Toothache in Llangollen 6.00pm 18 May Rhian Davies reveals Students’ Union Trinity University College, Carmarthen 58 National Balancing Act a Welsh coda to Candidates in the June European Parliament election Simon Roberts is worried Mendelssohn’s more debate the issues that an amalgamation famous Hebrides outing of Trinity Mirror’s operation will further Just Published isolate north Wales last word • English is a Welsh Language: Television’s crisis in Wales Edited by Geraint Talfan Davies 60 Surviving the Present 72 All the way, with the USA £9.99 Andrew Green charts a Peter Stead course through an ocean • What are we doing to our kids? of digital knowledge £5.00

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, recorded or otherwise without the permission of the publisher, the Institute of Welsh Affairs. ISSN 1464-7613 More information: www.iwa.org.uk contents opinion news outlook Victim Culture Simon Jenkins argues that we should show more confidence in the custodianship of our architectural inheritance

as is the annual eisteddfod. sporting stars. authorities prepared to More extraordinary, given My business is buildings consider saving what was Wales's accessibility to the and here the neglect is acute. left of their ‘fair city’. The most inhabited parts of The historical background to nearest parallel was the England, is its neglect by Welsh architecture is largely destruction by the Soviet visitors. I regard it as the ignored in the few texts and authorities of Moscow's loveliest region of the British guidebooks on the subject. splendid palaces on the Isles, not excluding the Worse, since most Welsh grounds that they had once Those who write about Scottish highlands. Yet few buildings are attributed to belonged to aristocrats and Wales do well to wear English of my acquaintance alien invaders they are the bourgeoisie. Stalin at least armour. It should be have penetrated beyond assumed to be foreign and saved imperial St Petersburg especially thick if they are Snowdonia and the Brecon of no cultural significance. for the use of the proletariat. not Welsh born or Welsh Beacons, to explore the The castles of the Norman I have never heard an speaking. Few places are so rolling Monmouthshire and Edwardian invasions English historian complain sensitive about their valleys, the Dyfed coast and were thus not ‘Welsh’. The that England's Norman identity or expect those the wildness of the mid-Wales Norman and Gothic churches churches, Palladian houses, who comment on their mountains. I am astonished at and abbeys were introduced Italianate suburbs or affairs to pass so stern a how many English give as a by a non-Celtic religion. Victorian neo-gothic civic test of local legitimacy. In reason for not going to Wales Country houses were built, buildings should be razed researching a book on the that "they burn down cottages so it is alleged, by an English because they were built by buildings of Wales I there." It is like refusing to landed gentry. The Victorian invaders or because they encountered a xenophobia visit France because of Vichy. mansions of Glamorgan and displayed a foreign style. which is Wales's least While some Welsh people Clwyd were those of an alien Yet even in recent times, attractive - and least necessary may say good riddance (as exploitative capitalism. the case for rescuing such - feature. It is a manifestation the Scots tend to say of their Even where there is a fine Welsh houses as Plas of what John Cowper Powys critics) it cannot be healthy grain of truth in these Teg or Penrhyn or Gwrych called Wales's "proud humility to wallow in economic generalisations, the thesis that has been undermined by within a harmless, patient, retardation and cultural a foreign builder or an alien local politicians tainting unfathomable, evasive soul." misunderstanding. As a half- style renders a building non- them as English. As a result, nowhere else Welshman and ideological indigenous is absurd. A These structures were in Europe is so little regarded localist, I have long pleaded similar political-cum-parochial built by Welsh labour and outside its borders. The for Wales to pull itself attitude to the Georgian to the benefit of the Welsh neighbouring English learn together and show more architecture of Dublin - that economy. They are in Wales about their country and claim self-confidence. I do so it was ‘English’ and therefore and stand to Wales's credit. a passing knowledge of the particularly when a disregard should go - led to the They should be promoted histories of Scotland and for outside opinion carries widespread destruction of one as exemplars of a landscape Ireland. Yet Rhodri Fawr, over into a disregard for of Europe's finest Georgian and history that is a glory of Princess Nest, Gerald Wales's own cultural assets, cities in favour of a hardly Britain. That they may or Cambrensis, the Llywelyns or and particularly its heritage of ‘Irish’ bastard modernism. may not have some link to Owain Glyndwˆ r are names landscape and buildings. At Only after pleas that England is a ludicrous reason which, if known at all, are present the banner of Welsh Georgian Dublin was built for not looking after them somehow associated with King familiarity is largely confined and occupied almost entirely and promoting them as Arthur, Merlin and the druids, to the talents of singers and by Irishmen were the Wales's heritage.

4 | www.iwa.org.uk icons of Welsh politics. South Africa does not demolish Robben Island as a relic of apartheid, rather celebrates it as a monument to its horrors. The system of bastides, exiling the Welsh from medieval towns and markets, played a signal role in bonding the Welsh under a repression from which they burst forth under Glyndwˆ r in the last and most nearly successful revolt against the English crown. Do not demolish them, but cherish them as such. The resulting necklace of castles and defended towns, be they Norman Chepstow and Pembroke, Welsh Criccieth and Castell y Bere, Marcher Caerphilly or Plantagenet Beaumaris, Harlech and Conwy are in every sense monuments to the glory of Welsh history. To reject them as alien structures is as absurd as to dismiss the Tower of London. With the Tudor ascendancy the alien argument becomes even more nonsensical. Are the Herberts of Powis, Pembroke and Raglan not Welsh? Should they not take pride Harlech Castle – “testament not to Wales’s submission but to the much-cited boast that ‘Wales was never conquered’.” in their role in founding as Photo: Cadw, Welsh Assembly Government (Crown Copyright). many of the aristocratic houses of Britain as did the Take castles. Wales has Llywelyns to the revolt of their necessary autonomy and Cavendishes of Derbyshire? them in greater abundance Owen Glyndwˆ r, castles were subsequent wealth lying at Rhys of Margam and than anywhere in Europe, the emblems of Wales's the root of English baronial Morgan of Tredegar were with the possible exception resistance to outside dominance. liberty and contributing to Welsh. Were it not for of south-western France. The Normans had to the spirit of the Magna Carta. paternal linearity, even the Their presence is a testament garrison Offa's Dyke and Under the Plantagenets mighty Butes of Glamorgan, not to Wales's submission but sustain authority over south the threat of Welsh rebellion who married the Herberts to the much-cited boast that Wales, both to protect land was a dominant fact of kingly and were vastly enriched by "Wales was never conquered." routes to Ireland and to power. Edward's northern them, would be considered The country was often prevent Welsh princes from fortresses, the finest and most Welsh rather than Scottish. defeated but never pacified acting with allies against the extravagant defensive system The inverted snobbery that in the sense that England English crown. The might in Europe, was an astonishing has condemned so many was. From the arrival of the of the Marcher lords was testament to Welsh resistance. Welsh houses to destruction Normans through the directly related to this need, They should be regarded as is based more on class war

spring 2009 | 5 contents opinion news outlook

than regional identity. of Welsh left-wing politics, built and natural. inhabitants, newcomers and Indeed it was the politics blue-blooded members of the In visiting virtually every visitors alike. Its chief asset is of class envy as much as English upper class. Most had square mile of Wales over the irreplaceable, the quietness Anglophobia that robbed been built and almost all were past five years I found that and beauty of the visual Wales of so much of its owned by Welsh families, the chief blots on its environment and the indigenous architectural such as the National Trust's landscape were created in the readiness of local authorities heritage. The 20th Century Llanerchaeron, half-restored relatively recent past. The to protect it. Wales has such destruction of the Crawshay Nanteos, sadly decrepit careless siting of caravan places in abundance, but it is and Guest iron and Nannau and ruined parks, like those at New Quay too careless of them. steelworks of the upper Hafodunos. Such houses and Harlech, beggars belief. Wales is for the most part Merthyr valley robbed Wales would be prized and A similar philistinism applied a landscape with buildings. I of the most sensational relics protected even in the poorest to the location of wind came to them with a belief of the industrial revolution parts of England. In Wales turbines is now ruining the that understanding them held probably in Europe. Today they are neglected orphans. Cambrian mountains and a key to understanding the remnants of this epic saga There was no reason why threatens the valley of the Wales's past as well as its of Welsh history are mocked the relevant authorities should Wye, not for the sake of present. Along with its by the earlier remnants of have failed to galvanise electricity, of which these language and literature, machines generate little, but buildings individually and “The land of my fathers should be able to for English subsidies collectively constitute Wales's wear its history more comfortably rather to landowners. claim to distinction as a than demonstrate an inferiority complex.” This is a land that can culture. Its ancient churches, boast the Gower and Tenby, especially the isolated upland the thrilling coasts of and coastal chapels, its castles, that revolution better themselves to find rescuers Pembroke and Cardigan, the its market towns, its stern preserved in Coalbrookdale in for such superb Victorian wilderness of Plynlimon, the industrial chapels that are its Shropshire. Never was a nose mansions as Gwrych and rolling vales of Powys and most distinctive architecture, so bitten off to spite its face Kinmel - or for the tragic Clwyd as well as the better all comprise a visual culture as in the demolition of the catalogue of houses now at known beauties of Gwynedd. of immense value. Guest furnaces at Dowlais, as risk, and listed in Forgotten It is one thing to want to Wales may call itself if capitalism itself could be Welsh Houses by Michael keep them secret from a nation, a country, a wiped from the face of Wales Tree and Mark Baker. It invading hordes of English principality, a province with a bulldozer. should not matter that such tourists, if that is what the or a region. To me it is A similar fate was visited historic houses might have Welsh Assembly Government incontrovertibly one place, on the gentry houses falling been part English or have really wants. It is quite a single polity and one that on hard times from the mid- used English architects - all another to allow their rightly enjoys its first unified 20th century onwards. arguments put to me to spoliation in the name of political structure since the Thomas Lloyd's heart-rending justify ignoring their fate. The short-term money-making. Middle Ages. If only it book on the Lost Houses of lucky owner of a Picasso does It is an economic truism could show itself more Wales depicts dozens of fine not burn it because the man that the future of European confident in its custodianship mansions razed to the ground was Spanish. What is the regions such as Wales lies in of that inheritance because local authorities could matter with Wales? their ability to attract tertiary not be bothered to list them, The land of my fathers employment of all sorts, from or found it politically should be able to wear its organic farming and expedient not to do so. The history more comfortably electronic cottage industry to old Corbett house of rather than demonstrate an high-value leisure, tourism Ynysmaengwyn, outside inferiority complex. Given the and retirement. There is no Towyn in Meirionnydd, was money it expends on point in gainsaying this out of Sir Simon Jenkins is an author, gutted and deliberately burned preserving its language and some folkloric nostalgia. It is Guardian columnist and Chair of to the ground as practice for sustaining the largest per a new wealth available for the National Trust. His new book the local fire brigade. capita bureaucracy in Britain, Wales to harness. Wales, an architectural reference work of the churches, chapels, houses and Few of these houses it should do more to guard The message of this new castles of the country, is published belonged to those bogeymen the heritage of its past, both economy is relevant to by Allen Lane.

6 | www.iwa.org.uk deserves total protection, but that the other must take its chances in a News English harsher economic climate. This imbalance is an issue on which UK regulators have been silent, Spring although it has to be said that it has is a Welsh also been too little debated within Wales itself.” 2009 Geraint Talfan Davies language argues for transforming the S4C Authority into a bilingual, multi-media Welsh Television in Wales - in warning contained in English Media Commission. English, for the majority is a Welsh language: Television’s The book – a collection of audience - is in crisis. Such crisis in Wales, published this seventeen personal statements reflection of Wales as we month by the IWA. by writers and broadcasters - have had on our screens to The book is a response is part elegy for past glories, as date is likely to disappear to Ofcom’s final report on its ITV’s regional broadcasting from ITV next year, while second review of public service reaches for its final breath, BBC Wales’s programming broadcasting, published in part cri de coeur as a nation’s faces huge cuts. This is the January 2009 and to Lord visibility to itself is allowed to Carter’s interim report on wither, and part affirmation Digital Britain, published a that this problem can be week later. solved and must be solved. It became clear in those two documents that the authors shared a similar view of the future of programming for Scotland, Wales and Northern Ireland: namely, that the case for preserving an alternative news service to the BBC had been made, but that the case for general programmes for these nations, while important, was altogether less pressing - a matter to be decided ‘in the Pictured is Dr Olwen Williams, Norway in legislating for gender light of competing priorities’. Consultant in GU Medicine, balance on business boards. In IWA chairman, Geraint North East Wales NHS Trust the wake of the conference a Talfan Davies, who has edited and former Welsh Woman of steering group has been formed the book, says in a preface that the Year, speaking at the IWA’s to discuss ways to advance it is “a corrective to notion that ‘Putting Women in their Place’ women in Welsh life. The news programming is the only conference in March. A recent IWA’s focus is to get more necessary, or even the truest Who runs Wales? report by the women involved in all walks of reflection of our society, given Equalities and Human Rights Welsh affairs and to achieve a the fundamental changes in Commission shows that urgent 50/50 the gender balance in our the Welsh polity that have action is needed to increase the membership in line with the come about in the last decade. To order a copy of the pace of gender balance change Welsh population. Currently “It will also be a corrective to book, priced £9.99 around the decision making women currently only make up the view that what we have at (£7.50 to IWA members) tables of Welsh life. Little 20 per cent of IWA present is an equitable broadcast contact the IWA office on progress has been made since membership and just 13 per dispensation for both the Welsh- 029 2066 0820 or order 2004. The IWA conference cent of IWA Fellows. speaking and non-Welsh-speaking online at www.iwa.org.uk looked at the case for following parts of the population: that the one and click on Publications.

spring 2009 | 7 contents opinion news outlook

Putting Wales in the Driving Seat A research project examining Counsel General Carwyn Jones. the impact of the National Giving evidence last November Assembly gaining legislative to an Assembly inquiry into the powers is being carried out way it scrutinises legislation, he by the IWA on behalf of the described the current process of All-Wales Convention. acquiring new powers as, in Towards the end of this effect, hitching a lift: year the Convention will report “When there is a Bill passing back to the Welsh Assembly through the UK Parliament Government on whether the where we believe framework time is right to move ahead with powers to transfer powers to us a referendum on gaining would be appropriate, we will legislative powers. The IWA’s seek to do that. Obviously, if there research, which will be is a vehicle that is passing by, we presented to a major Devolution will look to get on to that vehicle IWA staff are pictured on the steps of our new office Decade conference in Cardiff on in order to reach our destination.” in 4 Cathedral Road, Cardiff, to which we moved last 20 April, is intended to inform On the other hand, if December, from left to right: Research Officer Nick Morris, this process. following a referendum the Deputy Director Kirsty Davies, Director John Osmond, The notion of ‘Putting Assembly were to gain primary Administrator Clare Johnson, and Finance and IT Officer Wales in the Driving Seat’ , the powers on its own account it Helen Sims-Coomber. Standing at the front is Laia Sole title of the IWA study comes would be able to drive its own Sole, an Ectarc intern placement from Catalunya who is with from a comment made by the legislative agenda. us for three months. Living With Our Landscape

A ground-breaking address economic quality of life of cultural and biological was given to an IWA their communities. They importance of our landscape. conference in March on should be seen less as “islands • There is potential to revive a ‘Living With Our Landscape’ of special landscape attention culture of co-operation by Professor Adrian Phillips, in a sea of landscape among Welsh land managers. former Chairman of the mediocrity”, and more as • Wales is small enough to IUCN World Conservation flagships demonstrating to the bring the key actors in Forum. Professor Phillips rest of Wales how landscape government together. said Wales should apply the can be made central to policy new European Landscape development. Convention, adopted by managed, the Convention He said Wales could Britain two years ago, to identifies its economic and become a leader in Britain for radically change its approach social values, seeing it as applying the European Professor Phillips’s address to planning for the whole of essential to the quality of Landscape Convention for the and the rest of the conference the Welsh landscape and not people’s lives rather than just following reasons: proceedings are being just protected areas. an environmental accessory. • Our planning system is incorporated in a report that will In addition to treating Professor Phillips said the simpler than that in England. be published later in 2009 by landscape as an environmental National Parks should acquire a • We have developed a deeper the IWA in association with the resource to be protected and new role, as leaders in the socio- understanding of the historical, Countryside Council for Wales.

8 | www.iwa.org.uk propensity of Welsh people to watch rugby on television, to name WalesWatch – but a few. the blog to watch Nearly forty experts in different fields have agreed to contribute to the WalesWatch blog, to provide a regular and Late last year Waleswatch – the IWA Blog was launched authoritative source of comment on policy issues in Wales. This on our website - a sign of the increasing role that it will will, on a daily basis, complement the work of our journal, play in the IWA’s future. Plans are already being drawn up Agenda, which appears three times each year and remains the for a radical redevelopment of the site that will be unveiled later only magazine in Wales that deals seriously with the whole this year. A key aim of the development will be to increase spectrum of Welsh public policy in Wales. inter-action both with our members and with a wider public, Our hope is that IWA members and a wider public will by further increasing the range of content on the site and turn to this site for fresh insights and will be prompted to add making it more user-friendly. their own comments so that debate can be extended. Since the launch of WalesWatch, it has delivered expert comment on a wide range of issues, such as higher education The summaries below give just a flavour of what you can find funding, the prospects for a new Welsh bank, the crisis in Welsh on the site. So we urge members, make iwa.org.uk/blog broadcasting, the Barnett formula, bilingual education, and the a regular port of call.

Broadcasting v Wales game the audience Funding Welsh Wales. The bid was dropped Smoke and share was 68 per cent in Wales higher education by the Assembly after Mirrors and only 35 per cent in 27 January 2009 Ministers said that it would 2 March 2009 Scotland. We in Wales tune in Professor James Foreman-Peck ‘divert resources away from Broadcasting consultant Euryn even when the Welsh team is of Cardiff Business School taking forward the Assembly’s Ogwen Williams argued that not involved. For instance, for focused on the Welsh legislative programme’. Waters Wales is entitled to £30m from the France v Scotland game, propensity to fund students argued that the ‘open that part of the BBC’s licence audience share in Wales was rather than universities, responsive, effective’ petitions fee - worth £130m - that is 48 per cent but only 32 per following the report of the ‘task system that had been currently devoted to the cost of cent in Scotland and a mere 26 and finish’ group set up to promised was now entirely the big switch from analogue per cent in England. review higher education in dominated by Ministers. to digital television. He argued Wales. He pointed out that the that this should be used to Bring the total cost of the £1,845 grant Two cheers guarantee the survival of Bank of Wales paid to Welsh domiciled for Ofcom English language programming Back Home students studying in Wales 22 January 2009 for Wales that could be 10 February 2009 would jump from £22.3m in Following Ofcom’s publication accessed either on traditional IWA Chairman, Geraint Talfan 2007-08 to £78m in 2010-11 of its final report on its review channels or ‘on demand’ via Davies, reminded us that the as the full three-year cost of public service broadcasting, the web – the personalised title deeds to the defunct Bank kicked in. He argued that this Geraint Talfan Davies, co- channel. A fund should be of Wales now lie in a drawer in could have gone direct to the author of the IWA’s media created that could also finance the former HBOS offices in universities to close the £40- audit of Wales last year, a web-based English language Edinburgh. He argued that now 80m funding gap between expressed concern that news magazine, like the was the time to return to Wales Welsh and English universities. although the regulators may be Huffington Post in the USA. deeds that should be regarded keen to save ITV’s regional as a Welsh national asset. With Couldn’t give news service, a rescue for Rugby unites some local authorities talking of an LCO general programming for the nation establishing local banks, and 23 January 2009 Wales seemed less likely. In its 23 February 2009 Peter Mandelson talking of Lee Waters, National Director research Ofcom had been told Our director, John Osmond, establishing banking facilities at of Sustrans, raised important by 90 per cent of the public drew attention to the audience Post Offices, there were now questions about the that news was the most figures for international rugby options to use the Bank of effectiveness of the National important consideration, but matches which underlined the Wales title for a Welsh Assembly’s petitions system, Davies reminded us that 71 Welsh passion for the game. development bank, or a following the failure of a bid per cent in Wales said the During the Wales v England ‘people’s bank’ that could kick by Sustrans’ and several other same thing about general game 67 per cent of the start the mortgage market in organisations to kick start a programming made for Wales. television audience in Wales Wales, or a trading bank that legislative competence order He argued that the trap for were watching the game, could help public agencies that would give the Assembly Wales lay in accepting a against only 37 per cent in handle their aggregated cash the power to create a network minimal deal. England. During the Scotland flows more effectively. of traffic-free routes across

spring 2009 | 9 contents opinion news outlook Devolution Dividend Key figures in the 1997 referendum campaign give their verdict on ten years of the National Assembly

a greater opportunity to design policies per cent of the UK average within that are better attuned to our special a decade. However, it very soon circumstances in Wales. abandoned this objective and our GVA The clearest example is what can be has actually declined to 75 per cent (in summarised as Rhodri Morgan’s ‘clear 2007), a full 25 points below the UK red water’ approach to policy, which average. The position is even starker in seeks to achieve ‘equality of outcome’ comparison with the other nations and for policies as opposed to ‘equality of regions. Wales has the lowest score, opportunity’. Of course, this is highly three points behind Northern Ireland. In ambitious and severely circumscribed by contrast, London has the highest GVA the Assembly’s limited powers. But it is per head – on 141 percentage points what lies behind the commitments to free compared with the 100 UK average. prescriptions for all, free breakfasts in The Welsh Valleys remain stubbornly primary schools, and reduced bus travel at the bottom end of all statistics. Of the Dirty Little for 16 – 18 year olds. The aim is to top ten Parliamentary constituencies with contribute directly to making it the highest incapacity benefit claimants Secret worthwhile for the workless to get back in the UK, the Valleys contain five – into work. As Rhodri put it, “One of the Merthyr, Rhondda, Cynon Valley, Kevin Morgan, main stumbling blocks for anyone who Blaenau Gwent, and Aberavon. For Professor of Governance at Cardiff has had to settle for a life on welfare Wales as a whole there is a steady stream University, Chair of the Yes Campaign benefits is the anxiety that, on taking up of negative statistics: work, new expenses will erode the hough I still wholeheartedly differential between what can be earned • Only the West Midlands has had Tsupport the National Assembly, in employment and what can be obtained slower growth since 1999. after ten years I feel both chastened through the social security system”. • Lowest private sector R&D spend and disappointed at the poor impact There have also been gains for in the UK. it has had in tackling the underlying women in Welsh politics. A far better • Lowest full-time weekly wages in problems of the Welsh economy. gender balance has been achieved - in the the UK. In retrospect, we had over-inflated Assembly itself and also in the Cabinet - • Bottom of UK rankings for tests for ambitions in 1999 about the ability of than would otherwise have been the case. 15-year-olds. government to improve economic You only need glance at the continuing • We spend 8 per cent per child less performance. In practice the Assembly male dominance in Westminster or in than England in schools. Government is only one of a number our town halls to see that. • We have a spending gap of £55million of variables that determine economic The requirement in the 1998 Wales with England in Higher Education. outcomes. The Westminster government Act for the Assembly Government to • Fewer graduates remain in Wales for still holds the main economic levers and pursue sustainable development was employment than the other UK nations. we are all subject to the pressures of global another laudable political innovation. events. However, I think we are entitled There have been many worthy declarations The New Labour mantra in London is to have expected more from Cardiff Bay. of intent in this arena – but let’s not big on regional development policy, that Undoubtedly, there have been some mistake good intentions for good practice. is to say growth within regions. But it is real achievements, like the gains in Nowhere is this more clearly the silent on regional policy, which seeks a transparency and democratic case than with the economy. During the more equitable balance between regions. accountability. That claim, made by those first year the Assembly Government’s To a large extent this can be traced to the of us in the Yes campaign in 1997, has declared aim was to increase the Welsh distribution of public spending across the definitely been realised. And we do have GVA per head from 77 per cent to 90 United Kingdom. So far as identifiable

10 | www.iwa.org.uk public spending is concerned, more user friendly, and more was the civil service which this is determined by the Be Bolder accountable. In 2003 I was hadn’t really changed gear Barnett formula. In the first involved in a review of the with the coming of the decade of devolution our working of the voluntary Assembly. It remained a representatives in Westminster sector and we found that, reactive department, carrying and the Government in after four years of devolution, out day-to-day administration, Cardiff Bay have been a very large majority but still stuck in a mindset reluctant to open this up for appreciated the close working which depended on the lead scrutiny. We can only hope relationship they had with the being taken by departments that the Holtham Commission, Government and the fact that in Whitehall. It was totally ill established under the One they could talk directly with equipped to help Ministers Wales agreement between Ministers. In response to a instigate new, let alone Labour and Plaid and due to survey 92 per cent said they innovative policies. report within a few months, preferred the new system to Looking back we were will provide us with the the old Welsh Office days. wrong-footed by the evidence to demonstrate what During the first term the disappearance of the last we suspect, that Wales is being Dafydd Wigley, Government spent a good Permanent Secretary at the short-changed compared with President of Plaid Cymru in deal of time involved in Welsh Office, Rachel Lomax other parts of the UK given 1997, former MP and AM consultations. And there was who, with her international our needs. for Caernarfon a lot of good will and co- experience at the World However, identifiable public operation from organisations Bank, had brought a can-do expenditure accounts for only he biggest achievement around Wales. The breath of fresh air. In my around 80 per cent of overall Tof the National consultations were conducted view her departure back to spending. The remainder, in Assembly over the past ten at a high level. However, London was largely a key areas such as research and years has been to gain the disillusionment rapidly set in consequence of the arrival of defence procurement, is respect and acceptance of because the follow-up to the Alun Michael as Secretary of overwhelmingly spent in the people of Wales consultations was at such a State for Wales and then First relatively prosperous regions following the extremely low level. To be fair, the Minister. It was part of the such as South-East England. close result in the 1997 Government was constrained, price we paid for losing Ron Our representatives in referendum. Today most and continues to be Davies. If he had stayed, she Westminster need to be more people look to the Assembly constrained, because such a would have as well. robust in voicing the case for to pursue the best interests high proportion of its budget In general there was a lack Wales in the distribution of of Wales and, indeed, want it is totally committed, especially of confidence amongst the public spending. to take on additional powers on health and education civil service and an aversion We must also hope that to work more effectively.The spending, so that there is little to risk taking. When you as the Assembly’s powers change has been greatest in room for flexibility. embark on something new grow, with the greater south-east Wales, although it As we set out on the path like establishing the National legislative authority allowed has to be said that affection of democratic devolution in Assembly, there is bound to be by Part IV of the 2006 Wales for the Assembly tends to 1999 the great opportunity an element of risk. However, Act, we will get more tools to decline the further away was European funding for the civil service were tackle Wales’s economic from Cardiff you go. The the west Wales and the psychologically unprepared problems. After ten years, evident determination over Valleys Objective 1 to take that approach. however, it is time to the past few years to programme. Unfortunately An example was a project recognise devolution’s dirty improve north-south links – there was a lack of planning I was involved with in 2003 little secret – there is no to upgrade the rail service for using the money and we to establish a fibre optic cable necessary economic dividend and the A470 – reflect an were diverted by the row over link along the A55 between to political devolution. attempt to unite the nation match funding. In practice Chester and Holyhead. We This is not to decry and that is to be welcomed. there was no match funding set up a company, i55Ltd., devolution. Those of us who The sheer fact that the and from the start we had to and raised £500,000 to passionately support the Government of Wales, and use our own cash to ensure undertake this. However, it Assembly have a duty to talk we should call it that, is the flow of European funds took officials in the about its shortcomings as well located in Cardiff means that which was outrageous. Government in Cardiff seven as its achievements it is closer to the people, A fundamental problem months to decide whether to

spring 2009 | 11 contents opinion news outlook rent the line to us, by which successful in future. First we workability of the Assembly. progressive agenda in the true time we had lost three out of must grasp the funding nettle Devolution has been sense of the word and will five potential customers. The and reform the Barnett mainstreamed and its difficult prove highly problematic when project is now going ahead Formula that under funds to envisage circumstances the coming financial squeeze but it has taken six years for Wales. If the formula worked in which it won’t go from makes us revisit such policies, the public sector to achieve for Wales the way it does for strength to strength. as is happening with student what the private sector would Scotland we would be getting The most welcome shift fees. If the government is have achieved in six months. £1billion a year more. If it in attitude has come from forced to put them into That underlines the mistake worked for us the way it works the Conservatives who now reverse then a lot of people it was to abolish the Welsh in Northern Ireland we would acknowledge that the will see it as the Assembly Development Agency and the be getting £3 billion extra. Assembly is here to stay and, removing an entitlement. Wales Tourist Board, which But even more indeed, want to improve it to There has been a hugely Rhodri Morgan did for purely fundamentally, we need a make devolution work better. important policy agenda political reasons. It was an culture shift in Cardiff Bay This may well have profound waiting to happen since the unmitigated disaster to throw in the way the Government implications for the next stage start of the Assembly, related away such a brand leader as makes things happen. It is of devolution’s development. to its legal obligations around the WDA which had taken 25 better to fail trying to take an There seems little doubt sustainable development. We years to build up. Many of the initiative rather than simply to either that the coming of the could have taken a strong best people left because, quite fail as a result of not trying. Assembly has reinforced lead in Wales by investing rightly, they did not want to And this is a challenge for Welsh people’s sense of seriously from the start in a work within the risk-averse the whole of civic society in identity. In response to focused agri-food initiative atmosphere of the civil service. Wales, not just for politicians surveys they place Welshness and a strategic approach to Meanwhile, the Development and civil servants over Britishness by a factor renewable energy, not just in Agencies in England couldn’t of two to one, which is a terms of power generation believe their luck. substantial change from the but in establishing a Now, in the wake of the mid 1990s. Devolution has comparative advantage for the 2006 Act, we are moving into Could do brought us a greater sense of manufacturing sector. These new waters again, with the better self-confidence as a people. were tailor made for playing long overdue separation of There has been a to our latent strengths. the legislature and the decentralisation of more However, instead of practical executive, and the ability to powers from Westminster initiatives we’ve substituted acquire primary powers with to the Assembly during the declaratory aspirations in Legislative Competence decade, for instance in the innumerable consultations orders agreed in Westminster. field of mental health, and and policy documents. That has not settled down Wales has taken the lead in Another lost opportunity and I detect a good deal of appointing a Children’s has been the investment we tension between AMs and Commissioner. All these are received from west Wales and Welsh MPs who seem positive developments. the Valleys being granted first reluctant to co-operate. There has been a gradual Objective 1 status and now When you add that to the emergence of a distinctive part of the European likelihood in the coming few Welsh policy agenda as well, convergence programme. years of administrations of a Ron Davies, denoting a willingness on the We have wasted many of the different political complexion Secretary of State for Wales in part of the Labour leadership opportunities in developing in Westminster and Cardiff 1997, Labour AM for Caerphilly in the Assembly to create short-term programmes based Bay, coupled with a severe during the Assembly’s first term something new. Unfortunately, around employing more cutback in spending due to the initiatives pursued are public sector people for as the bank bailouts and the evolution has having the effect of creating long as the funding lasts, recession, then we are in for Dembedded itself more a dependency culture. Free rather than concentrating on a bumpy ride. quickly than anyone could prescriptions, free bus passes, long term investment gains. There are two requisites have really expected ten and free school meals are a The result is that in relative for ensuring that our fledgling years ago. No serious form of welfarism specifically terms we are in as bad a state democracy and Welsh political force in Wales now targeted at propping up the in west Wales and the Valleys Government are more questions the merits or Labour core vote. It is not a as we were ten years ago.

12 | www.iwa.org.uk And the irony is that during the first Taking Rainbow coalition of Plaid, Welsh decade devolution has floated on an Conservatives and Liberal Democrats ever-rising tide of public expenditure. the Assembly would have provided that. We would However, harsher times are coming and have brought a re-invigorated approach the prospect of cuts in the Assembly forward to policy implementation and, as Government’s block grant only serves to important, demonstrated that voting in underline its failure over the last ten years Nick Bourne, elections can make a real difference, to challenge the Barnett formula and the leader of the that democracy can work. Treasury in London. We should have No Campaign Probably the main success of the been shouting about this from the start, in 1997 and National Assembly has been to have but Labour politicians in Cardiff have Conservative been much more open and accessible to been afraid to rock the boat with their Opposition Leader ordinary people than I think Westminster colleagues in London. in the National could ever be. That is a huge gain. Of course, currently we have Assembly It is interesting to reflect that hardly Commissions, both here and in Scotland, anyone ever thinks in terms of the examining the way devolution is financed ooking back to when we opposed Westminster Parliament delivering policy but they will be too late to protect us Lthe Assembly in the 1997 outcomes. Yet somehow they expect the from the cutbacks that will hit us over devolution referendum, it is sobering Assembly to do that, when in fact it is the next three or four years. A small to reflect how much the past is a the responsibility of the Welsh Assembly example of where the present funding foreign country. Certainly things have Government. It illustrates just how far we system could have been challenged is changed massively since then. have to go in explaining how devolution over the costs of the Assembly itself, But we realised that as soon as the works, even though under the term of which at about £48 million for 2009-10 referendum vote took place. The margin the 2006 Wales Act, we have now legally are not insubstantial. In my view this of victory for the Yes side was, of separated the Assembly Government as should not come out of the Barnett course, very small. Yet I always knew the executive from the National calculated Welsh block grant, but from that, whichever way the vote went it Assembly itself as the legislature. the Treasury centrally. Devolution is would be decisive. As Conservatives we There have been some policy about improving the democratic immediately declared we would work to successes. I think mainly of what has government of Britain as a whole. But make the Assembly a success. been achieved in agriculture where the that argument hasn’t been made. We had two main arguments against government operating from Cardiff Bay Another disappointment has been devolution. It would cost a lot of money has been able to move more swiftly and, the way the media have engaged with and would be a threat to the unity of the generally speaking, more in tune with what devolution. This is one reason why, United Kingdom. On the first, although people in the Welsh countryside want. So, despite their greater identification with we should always be vigilant about for instance, we have undertaken a limited Wales, public perception of the Assembly public expenditure it was a fair argument cull of badgers in Wales, a sensible policy is not as good as it should be. In practice that democracy does cost money. that has so far eluded Whitehall. I think trivia have replaced real debate. So, for On the second we were just plain Wales was more adept, too, in dealing example, the media are much more wrong. Over the last decade we’ve with the foot and mouth crisis. interested in the Leader of the proved that with our enhanced Having said that, I fundamentally Opposition claiming on his expenses for democratic structures in Wales we can disagree with the main direction of policies an Ipod, than Westminster blocking or make the Union work better. I remain a that have been pursued by successive delaying the Assembly Government’s committed unionist but I am now also Labour-dominated administrations in the Legislative Competence Order aspirations an enthusiastic supporter for devolution major policy areas of the NHS, education over housing or the Welsh language. and believe we should go further to and economic development. There have In general I find ordinary people are make the Assembly more effective. been avoidable disasters, especially in the frustrated with the Assembly’s lack of So it is not the system of devolution health field with the unnecessary and progress and simply want it to do better. that I now oppose, but the policies of costly reorganisation to create 22 Local That is why the polling finds that although the people operating it. We missed an Health Boards, which is now in very short they think it is underperforming in such enormous opportunity following the order being unravelled, again at great cost. key policy areas as education, health, and 2007 election when the Rainbow There has also been an ideologically- economic development, they still want the coalition slipped through our fingers. I driven agenda around free prescriptions Assembly to have greater powers believe in that election the people voted and other free entitlements which have for an alternative to a Welsh government simply given money to people who were dominated by the Labour Party. The able and perfectly willing to make their

spring 2009 | 13 contents opinion news outlook own contribution. Meanwhile, Prosperity sustainable development for many years. the ideological refusal to even Cynnal Cymru, the Sustainable consider public private without growth Development Forum for Wales, has led the partnerships has prevented debate on whether ‘prosperity without much-needed investment in our growth’ is not only possible but desirable health and education systems. (see link below). The Sustainable As Conservatives our role Development Commission is soon to launch has been to provide an effective a major programme of work to engage opposition on such issues and governments and the public on this most In part that is down to the fact important of subjects. that we have built an effective Morgan Parry, Easy credit has encouraged us to live democratic system in Wales. Director, WWF and beyond our means. Our economy has been But as a party we are Chair, Cynnal Cymru driven by consumer debt, but also by much more interested in unsustainable use of resources and energy. government than opposition. The crash was caused by market failure and I believe that the current he accepted wisdom is that nobody the systematic pursuit of short-term economic system is untenable. The 2006 Tsaw this recession coming. It took growth. The earth’s natural systems are the Act has produced a botched everyone by surprise: governments, limiting factor for all our economies, and position in which there is no business analysts, economic these have been exceeded. Resource opportunity to produce a commentators, financial forecasters, constraints are now critical and population coherent legislative programme and bankers. After all, who could have pressures are imminent. Economic growth in and, anyway, hardly anyone predicted that an economy based on ever- a finite world will inevitably lead to a debt understands the legislative increasing consumption and debt could do crash, even if a recovery follows in a few procedures we have. anything but keep growing? years. Recovery from a crash in ecological So you get the absurd Some in the mainstream of economic and debt, would take many thousands of years, situation where, following the political debate have claimed (with hindsight if it happened at all. tragic death of a child in a of course) that the recession was inevitable. This recession is the first major test of Vale of Glamorgan school bus Many commentators and economic experts the globalised economy and it has been accident, we were unable to are now arguing for an expansion of credit, found to be flawed. The idea that economies legislate to bring in proper increased consumption and a rapid return to can grow “sustainably” has gone forever. Co- safety procedures. Or we growth. The main political parties are engaged operation, not competition, is the way forward. cannot legislate to introduce a in a debate framed in exactly the same way. The case of China is well known, with local council tax relief system Bankers are a convenient scapegoat for its rapid economic growth directly linked to for people who invest in the crisis, but blame also lies elsewhere. It has rocketing greenhouse gas emissions. But efficient insulation for their been Government economic policy to expand closer to home is the Republic of Ireland, homes. Or our powers in credit, promote consumption and encourage held up by many politicians in Wales as the relation to the Welsh language risk taking by the banks. As individuals we model for Wales to follow. The very policies are unduly constrained. On all became wealthier while the economy was that fuelled the miracle of the ‘Celtic Tiger’ - these and other matters the growing, so we’re all implicated in the crash low corporation tax, promotion of consumer logical place for legislative that has followed. According to Professor Tim debt, carbon-intensive infrastructure projects, responsibility to rest is with Jackson, “The market was not undone by and fossil-fuel subsidies, are the ones that the National Assembly and isolated practices carried out by rogue have made Ireland the most at-risk economy not Westminster. individuals. Or even by the turning of a blind in Europe. I sense now that, once eye by less than vigilant regulators. It was Its policies have resulted in the fastest we become the government undone by growth itself.” We will have to do growing per capita greenhouse gas emissions at Westminster following the without growth in the years ahead, and we in Europe and an almost total disregard for next general election – as will have to design other ways of enhancing environmental protection. With one per cent seems increasingly likely - it wellbeing. “Prosperity without growth is a of the European population, Ireland is will fall to the Conservatives very useful trick to have up your sleeve when responsible for 10 per cent of breaches of EU to take the devolution the economy is going down the pan”. environment law. Wales should find a better process forward to a more But some people did see the crisis role model than a country that is financially sensible place coming. The vulnerability of the economic and ecologically bankrupt. system has been a consistent theme of The Welsh Assembly Government’s

14 | www.iwa.org.uk economic summits are an important Science Hiatus Wyn Jones, called for more collaboration response to the crisis facing business and between Higher Education and Further workers in Wales. But soon they must Education institutions, and with business evolve into a transformational process, a and industry. Collaboration was seen as new way of doing business in a sustainable key to enhancing the impact of world. The Green Jobs Strategy and the institutions which, as a natural result of Sustainable Development Scheme must Beth Taylor, their geography, are often small in scale aim higher, and be the blueprints for the Director, and remote from one another. Working future of all development in Wales, where Communications, together has the potential to create the we build social, economic and Institute of Physics critical mass they need for research environmental capital, instead of excellence and successful innovation. destroying it. Policies that promote energy A good precedent in my own field efficiency, renewable energy and resource he IWA’s latest science of physics would be the Scottish efficiency will create jobs at a time when Tconference on funding, risk and Universities Physics Alliance, which unemployment is rising. innovation, held in Cardiff in brings together six departments from We could be at a point of no return February 2009, was unable to cover Paisley to St Andrews to pool and for human society. If the recession is long two major issues: the implementation enhance their research expertise. The and deep, many factors will have changed of the Assembly Government’s alliance is widely credited with raising before we emerge from it. The globalised science policy and the appointment the standards of postgraduate physics economy was built on economic of a Chief Scientific Adviser. teaching and research in Scotland. liberalisation, technological development Participants recognised that the Another major theme was education. and cultural dynamics which won’t come Government does have a science policy, It is clear to me that the goal of creating together in the same way again. Climatic announced in 2006, but felt they had a “small, clever country” can only be and demographic changes will be the most seen little evidence of how it was being sustained in the longer term if the people significant influences in the years ahead. put into practice. A Chief Scientific of a small nation are given the opportunity We have a historic opportunity to devise Adviser might have provided the focus to be clever. There was general an economic model that is appropriate to a needed to give the policy real impact. agreement that good quality science world of steep population growth, resource However, a decision was still awaited on education, from primary school through constraints and breached ecological limits. Chris Pollock’s report, submitted to the to university, was essential for creating a The planet that supports us is finite, closed First Minister in the Autumn of 2008, knowledge-led, science-based economy. and constrained by the laws of physics. recommending the creation of the post. A crucial objective is to attract more We need an economic system to match. There was a strong feeling among all specialist teachers into secondary schools. We need sustainable development. participants that a positive decision on Chemistry and physics are often taught Cynnal Cymru has captured these this would help keep the development of by non-specialist teachers who can issues in a series of 20 essays Defining a science and innovation in Wales at the struggle to convey the excitement and Sustainable Economic Future for Wales forefront of decision-making across all potential of the subjects. It would be a containing a rich diversity of political areas of the Assembly Government’s great step forward if every school was opinion and outlook. These can be responsibility. A Chief Scientific Adviser required to have at least one specialist downloaded from the address below. would provide a strong voice for Wales teacher in each science discipline. Despite the gravity of the challenges we in areas of science policy which remain At university level, the Higher face the overwhelming tone is one of the responsibility of the Westminster Education Funding Council for England optimism. Encouragingly, these essays government, arguing the case for will be allocating an extra £25 million share a belief in the creativity, industry correcting the gap in research funding pounds per year for strategically and culture of Wales and its people between Wales and the rest of the UK. important subjects, such as physics, For instance, it could help avoid the kind chemistry, mathematics and engineering, http://www.sustainwales.com/home of situation where, of the 44 Centres for on a permanent basis from 2009-10. /downloads/essays/v2_- Doctoral Training recently announced by This money amounts to an extra _Cynnal_Cymru_Essays_English.pdf the Engineering and Physical Sciences £1,000 or so per student. If the Higher Research Council, not one was awarded Education Funding Council for Wales to an institution in Wales. fails to follow suit it will disadvantage Phil Cooke writes on the Assembly Other strong themes emerged from the teaching of these vital subjects in Government’s consultation on its Strategy the conference. Many speakers, starting Welsh universities for Green Jobs for Wales, page 31. with the Deputy First Minister Ieuan

spring 2009 | 15 politics economy legal wales environment social policy communications culture

Funding Brick Wall Eurfyl ap Gwilym says the prospect of no real increase in Welsh public spending demands a culture shift in Assembly Government priorities

The National Assembly has been increased sharply while government that over the three years growth would singularly fortunate in at least one borrowing has remained high even average 2.4 per cent in real terms but respect since its establishment in during a period of high growth. The fact this was after reducing the base line 1999: it has shared in a record that the public finances were in an expenditure by £200 million. As can be growth of UK public expenditure. unsustainable state was conceded by the seen from Table 1 the actual average real The Assembly’s establishment UK Government in the Comprehensive growth compared with the prior year was coincided with Gordon Brown Spending Review, which after long delay, 1.8 per cent per year with the planned abandoning ‘prudence with a was finally published in October 2007. expenditure being back end loaded. purpose’ and embarking on growth In the case of Wales the forecast However, with the onset of the in public expenditure that was growth in the block grant was subject to credit crunch the outlook for public without precedent. some confusion. The Treasury claimed expenditure in Wales has become much Growth was particularly high in health and education spending in Table 1: Year on Year Changes to the Block Grant 1999-2008 England. Given the way the Barnett formula works this fed through to high Welsh Block %Nominal Increase % Real Terms growth in the block grant Approximately Grant £m (inclusive of inflation) increase/decrease 70 per cent of the growth in the block grant to Wales is geared to these two 1999-00* 7,350 - - spending programmes in England. Table 1 summarises nominal growth 2000-01* 7,774 5.77 4.36 in the block grant over the last nine 2001-02* 8,603 10.67 8.30 years and forecasts for the next three years. Allowing for inflation the average 2002-03** 9,894 15.00 11.91 annual growth rate in real terms was 2003-04** 10,631 7.45 4.48 approximately 5.8 per cent. However, the forecast for the three years 2004-05** 11,392 7.16 4.40 commencing 2008-09 shows an average 2005-06** 12,199 7.08 4.93 growth of 4.3 per cent in nominal terms 2006-07** 13,023 6.75 4.01 equating to only 1.8 per cent in real terms (the Treasury revised their 2007-08** 14,171 8.82 5.57 estimates of the GDP deflator between 2008-09** 14,563 2.77 0.07 2007 and 2008 which accounts for the different real growth rates shown in 2009-10** 15,255 4.75 2.05 Table 1). 2010-11** 16,065 5.31 2.61 Even before the credit crunch it was clear that the rate of growth in public Source: Wales O!ce Annual Reports: Cm 6545* and Cm 7404** spending would have to slow down. HMTreasury. PESA 2007 for GDP deflator including forecasts for Over the last decade growth in public 2007-08 and later years. expenditure has outstripped GDP Note: The figures reported for 2001-02 may be not be completely consistent growth. At the same time taxation has with the later years.

16 | www.iwa.org.uk grimmer. In the November 2008 Pre It has also concluded that there will be block grant between 1999-00 and 2006- Budget Report (PBR) the Chancellor little or no additional funding for the 07 it is to be expected that the public of the Exchequer was obliged to set out National Assembly. This is before Wales sector in Wales, in common with any tentative plans for public expenditure is required to contribute to the £10 other spending organisation which is covering the years 2011-12 to 2014-15. billion of efficiency savings: the allocated large sums of additional money This was in an attempt to sustain market corresponding ‘efficiency’ cuts in Wales to spend over a short period, has wasted confidence in both UK Government will be £584 million over the two years. a proportion of the additional funds. In policy and Sterling by indicating how To add further pressure, rescheduling of fairness some of this additional spending the even more rapid growth in public capital expenditure including on the was beyond the control of the Assembly expenditure and public borrowing, due NHS in England will have the effect of Government. One example was the very to the credit crunch, would start to be reducing the capital budgets in Wales by generous new GP contract negotiated in recouped in later years. not less than £215 million over the next London but binding on Wales. Even last November the widely Spending Review period. Thus the On the other hand, there should be accepted view was that the economic Welsh Government will face a period some positive factors where Wales has not growth forecasts in the Pre Budget followed the spending patterns in England Report were far too optimistic. This the last decade. The heavy use of PFI in view has been borne out as events have England, which can be viewed as bringing unfolded. In the 2007 Pre Budget forward capital investment and paying the Report, growth in UK current price over future years, means that there expenditure in real terms was forecast is implicitly embedded in the block grant to be 1.3 per cent in 2011-12, 1.2 per a Barnett consequential. cent in 2012-13 and 1.1per cent in In England there are PFI capital 2013-14. Public sector net investment commitments of £50 billion with a was ‘moving’ (that is, declining) to 1.8 repayment cost over the next thirty per cent of GDP by 2013-14. years of £160 billion. This compares In an attempt to strengthen the “Future governments could with a total PFI capital value in Wales public finances the Chancellor plans to of only £607 million. Because the raise income tax and National Insurance find themselves up against Welsh Government has made such little Contributions in 2011-12. The financial a ‘brick wall’ in public use of PFI this implies that a measure outturn is also predicated on £5 billion spending from 2011.” of future budget flexibility of of unspecified ‘efficiency savings’ in both approximately £250 million a year 2010-11 and 2011-12. In practice these Andrew Davies, should be available in Wales. forecasts have already been overtaken Finance Minister NHS spending in England on by events. Forecast growth of the UK Connecting for Health, the country-wide economy and of public expenditure will IT system, which is now estimated to be revised downwards in the coming of no growth or even possibly a cut in cost £12.4 billion, implies a Barnett budget, scheduled for 22 April 2009. funding. As Andrew Davies, the Finance consequential of approximately £700 The current, very low forecast Minister told BBC Wales’s Dragon’s Eye million. This will be available for other growth in total expenditure disguises programme in February 2009, “The spending in Wales because we have not what could happen to the Welsh block years of plenty have come to an end”, embarked on a comparable IT grant. This is because much of the adding “future governments could find programme. Whilst funds such as these increased expenditure will be on themselves coming up against a ‘‘brick are not ring fenced, it is to be hoped spending programmes not covered by wall’’ in public spending from 2011”. that they have not been allowed to be the block grant, including additional Given this outlook what can the subsumed in general spending increases spending on the greater number of Welsh Assembly Government do? The in Wales. unemployed, the increased cost of tax financial restrictions should be used as a Employment in the public sector has credits and servicing the ballooning catalyst to undertake a rigorous review grown by 8 per cent from 287,000 in national debt (up from 36 per cent of of what the public sector is achieving in 1999 to 310,000 in September 2006. At GDP in 2007-08 to an optimistically Wales and what can be done to improve that time Welsh public sector employment forecast 57 per cent in 2013-14). its efficiency. A supplementary question accounted for 23.7 per cent of total The Institute of Fiscal Studies has to answer is whether there are employment compared with 20.2 per cent estimated that the cost of servicing the programmes and projects that should for the UK as a whole. In fairness, at 8 increased national debt will grow be closed down. per cent, growth in Welsh public sector annually by 7.7 per cent in real terms. Because of the rapid growth in the employment in Wales since 1999 has

spring 2009 | 17 politics economy legal wales environment social policy communications culture been lower than in the UK as a whole. the last ten years been so disappointing countries when it comes to educational A key question is how much of that in many key areas? Should we not move attainment. Why is this? What plans increase was on front line staff. Given from looking at crude measures of inputs does the Welsh Government have to that a large proportion of public such as money, either to intermediate rectify this underperformance? Do they expenditure is accounted for by wages measures such as delivery capacity or, recognise the scale of the challenge, in and salaries, it is inevitable that there will even better, to measurement of outcomes which we should be measuring ourselves need to be a material reduction in the such as health improvement, educational against our international competitors payroll cost. This can be achieved by attainment and relative GVA? rather than against claimed cutting or curtailing spending It would be a missed opportunity if improvements in examination results programmes, reducing staffing levels in all that the Welsh Government does is compared with previous years? general and moderating salary and wage tighten up on spending across the board. In the case of economic development, relative GVA per capita “Despite large increases in public spending compared with the rest of the UK declined from 77 per cent in 1999 to many of the outcomes have been disappointing.” 75 per cent in 2007. This was despite growth in public expenditure on economic development from £289 rises. Such an approach will no doubt be Now is the time to critically review what million in 1999-0 to £795 million in unpopular. However, the private sector has happened in the public sector over 2006-07. Wales spends 228 per cent of which employs almost 1 million people the last decade. Successes and failures the UK per capita average on economic in Wales is already having to bear cuts should be identified on the basis of development. This raises the question of together with lower pay increases and it outputs rather than inputs such as money. the efficacy of the additional spending. is unrealistic to expect the public sector Despite large increases in public Part of this increase in spending was to be immune. It was reported by the spending many of the outcomes have funded by the EU (an average of £85 Engineering Employers Federation that been disappointing. For instance, Welsh million a year over the period in average level of annual increases in health spending increased from £3,477 question) with the public sector match manufacturing industry was down to 1.8 million in 1999-00 to £5,238 million in funding balance coming at the expense per cent during the three months to the 2007-08, an average annual growth rate of education and health. However, in end of January 2009. in nominal terms of 5.25 per cent. west Wales and the Valleys – the Careful forward planning can help Despite this, in common with the rest Objective 1 region where much of the reduce the impact of such an approach. of the UK, Wales continues to perform increased spending was directed - The turnover of staff in the public sector poorly compared with other western relative GVA per capita declined from due to retirement alone is greater than countries when it comes to health 69 per cent in 1999 to 64 per cent in 2.5 per cent a year and reducing the rate outcomes. In a recent international study 2007. Have the outcomes justified this of recruitment and not automatically of ‘mortality amenable to healthcare’ the diversion of funding? replacing those who leave could lead to UK came last out of the nineteen The funding crunch facing Wales a significant annual reduction in countries studied. In the past the reason should prompt a culture change. Failure headcount. Freezing pay scales in real for such poor outcomes was claimed to to change will simply make what is going terms could lead to a further reduction. be the much lower levels of expenditure to be a very difficult period even worse. Bearing in mind that we are approaching on health compared with other advanced Emphasis is often put on ‘Team Wales’ a period of minimal or even negative countries. But after a decade of record with all sectors of society working inflation, this means that annual pay growth, such reasons are starting to wear collaboratively and this is to be increases could be a thing of the past thin – in 2006, health spending in the welcomed. However, any successful team during the next few years. This does not UK was 8.4 percent of GDP compared is also prepared to analyse the reasons mean that all incomes are frozen because with an average 8.9 per cent for all for success and failure, to identify there remains the potential to move up OECD countries. weaknesses and deal with them. Unless within pay grades and for promotion. In the case of education, spending this is done appeals to a team approach The prospect of little or no real increased from £2,072 million in 1999- is merely rhetoric and Wales will increase in public spending in the 00 to £3,938 million in 2007-08, an continue to underperform coming years should prompt the Welsh average annual growth rate of 8.35 per Government to ask some searching cent. But, despite this large increase in Eurfyl ap Gwilym sits on the boards questions. Given the massive increase in spending Wales has continues to slip of a number of public companies and is spending why have the outcomes over behind both England and other OECD a Plaid Cymru finance adviser.

18 | www.iwa.org.uk Eluned Morgan MEP pictured in front of the European Parliament in Strasbourg.

markets and common rules that ensure the fact is that sooner or later they have an Frustrations they compete on a level playing field. impact on the lives of millions of people, Gone are the days when we looked with here in Wales and throughout the EU. of the envy upon our continental cousins For workers in Wales Europe has environmental and social rights. We now enshrined the right to four weeks holiday European have standards higher than anywhere pay, rights for part-time and fixed-term else in the world, and unrivalled respect workers and proper standards of health Message and protection for democracy, human and safety protection. For women, Eluned Morgan reflects on 15 years rights and minorities. European laws ensure equal pay, in the European Parliament On global issues such as Kyoto and protection from sex discrimination, and the the International Criminal Court the EU right to 26 weeks of maternity leave. For has consistently taken the international consumers, there is clearer food labelling, lead. It is the world’s biggest donor of protection from the most dangerous In May 1994, amid much pomp and international aid – providing 55 per cent chemicals, and plans to slash the price ceremony and just weeks before I of all assistance to developing countries. of using mobile phones in Europe. was first elected to the European At home, EU Objective 1 funding has For tourists there is free medical Parliament, the Channel Tunnel was helped transform our economic help across Europe, compensation for formally opened. At the time, the event landscape and rebuild our poorest passengers suffering air delays and laws symbolised for me the hope of a new communities. It has been my greatest that make it easier to buy a holiday era of closer cooperation with our professional satisfaction to see this home in Spain or France. continental neighbours. Indeed, the European funding help transform lives For our environment and culture European Community was now the up and down Wales. the EU Blue Flag scheme means we European Union. Germany was a unified Over the past seven years the have far cleaner beaches, targets for member. The Soviet Union had fallen Objective 1 programme has generated C02 reduction, recycling and reducing and the Cold War was over. Poland had a total investment of around £3 billion landfill, and protection for minority formally applied to join the EU. in the Welsh economy, supporting the languages - including Welsh. Since those early days, when I served creation of 40,500 new jobs and 1,900 In a globalised world, few problems as the EU’s youngest MEP, Europe has new businesses. Now, EU Convergence stop at national borders and we are all witnessed war and genocide in the funding will pump another £1.5 billion interdependent, whether we like it or not. Balkans, successfully steered 16 countries’ into our economy and is already being Climate change, energy insecurity, economies into a single currency, and put to work helping small businesses terrorism and economic competitiveness expanded from 12 Member States to 27. through the economic difficulties and all require us to work together. Though The EU now gives us the largest single preparing our skills and knowledge base the challenges may have changed, the market in the world – 60 per cent of the for the upturn. reasoning stays the same. Today, as UK’s trade is now with our EU partners Yet, one of the constant frustrations of fifteen years ago, we can achieve more and 3.5 million UK jobs directly or being an MEP is the almost impossible working together than we can alone indirectly depend upon that relationship. task of getting the European message Across Wales, businesses have reaped through. Although it is often difficult to Eluned Morgan will stand down as a the rewards of access to lucrative European explain the intricacies of European laws, Labour MEP at June’s European elections.

spring 2009 | 19 politics economy legal wales environment social policy communications culture

power. Under the Treaty of Lisbon it extends it’s ability to hold the Commission to account, shape and Looking to require legislation, and take a more active role in foreign affairs. It already uses its powers to police the money Brussels side of EU activity to a degree that sometimes scares Commission officials Simon Mundy says the June European into inventing ever-more fail-safe electionswill mark a coming of age conditions for distributing programme funds. The resultant bureaucracy can make dealing with the EU a cumbrous nightmare. But one can’t have it both ways. Either there is an exacting standard of Parliamentary oversight, or we go back to the days when Europe was a honey pot. However, nothing is quite certain yet because the Lisbon Treaty cannot begin to operate until Ireland says yes in a referendum. So far it has said no once. Most people in Brussels assume that Ireland will change its mind if asked again in the autumn, largely because the alternative is too complicated to contemplate. In fact there is nothing certain about it, and if the current fury with governments’ handling of the economy continues it is highly likely that the Irish will vote no again and again just to show their annoyance. The EU will then have to invent a Dwarfing all other political building This June’s European election is new process, suspending or ignoring in the world – the European Parliament in Brussels. the most important in not only the Ireland, while the rest of us go ahead. Parliament’s but the European This has to happen because the legal Union’s history. basis of the old Treaty of Amsterdam It is the first time that all 27 nations, specifically lapses on the day the new including all those that we think of as Parliament is elected. If the Lisbon Eastern European, will elect together Treaty doesn’t come into force, then on the same set of party manifestos. technically there can be no new In itself that is a sign of extraordinary Commission or anything else, and the political movement, just 20 years after the EU’s budget will be illegitimate at the fall of the Berlin wall. There is a sense of end of the year. coming of age. The vast Parliament Basically the whole edifice then building in Brussels is finished at last – crumbles, no doubt to the joy of anti- a huge steel, glass and stone statement European nationalists everywhere. At of ambition that dwarfs any political the moment the intention seems to be building in the world, even the United to extend the remit of the current Nations in New York and Geneva. Commission until either Ireland ratifies More significantly still, the new or is cast adrift, possibly swapping Parliament will soon have far more places with Iceland (only a change of

20 | www.iwa.org.uk one letter, after all). (Greens and European Free Alliance – economy. The Brussels Parliament is However, from a Welsh perspective, including Plaid Cymru), or ID also the one institution that can take a beginning to shift our natural political (Independence/Democracy Group – critical look at the European Central interest away from Westminster and more including UKIP). Bank, and with the Bank of England’s towards an axis between the National Setting the budget for the next room for realistic manoeuvre in relation Assembly and the European Parliament four years is going to be a nightmare. to the Euro decreasing, that scrutiny would pay dividends. For a start the two Traditionally the Parliament wants to will affect us all. bodies are much more similar to each see more spending (especially in a Building a European Foreign and other than they are to the UK Parliament. downturn), the national governments Defence Policy is going to take on far They are more evenly balanced politically, less. For voters in Wales, European greater importance in the next few years. usually needing a coalition to function spending has been crucial in stimulating While France and Britain pretend that well. Both are just starting to acquire law- urban regeneration and the rural they are still in the driving seat, the reality making powers but the emphasis is still is that, in relations with China, Africa, on holding the executive to account and Russia and the Middle East (the EU is using a strong committee structure to “It is arguable that, by far the biggest donor to Gaza, for scrutinise the bureaucracy. example), it is joint European activity that Both are technologically up-to-date between the two is seen as the most influential, both in and sit in a broken circle format, with institutions, close to programmes and political development. a President (or Presiding Officer) rising Wales’s particular concerns with above the fray. And in each case the 70 per cent of the regional development will depend largely scrutiny of budget lines goes far further decisions that on pressure from the European into the heart of the public finances than Parliament to make sure that the it ever does in the House of Commons. directly affect voters Commission and the member-state It is arguable that, between the two in Wales are taken Governments don’t let prosperity institutions, close to 70 per cent of the concentrate in the centre. Over the last decisions that directly affect voters in or shaped in Cardiff 40 years a great success of the European Wales are taken or shaped in Cardiff Union has been its ability to spread the and Brussels. and Brussels. benefits to those areas that were If only the media would catch up traditionally ignored. with that fact, we might be able to move Then there are all the small into this new political landscape with our If only the media technical matters, implemented by eyes open. As it is, the received wisdom the Commission but decided by the that voters either don’t understand or would catch up with Parliament, which slowly but surely shift actively loathe all matters European that fact, we might the quality of life. These range at the becomes self-fulfilling. Editors assume it moment from roaming costs on mobile to be true so cover our wider politics be able to move into phones, rules for the insurance industry, accordingly. It plays into their, and often this new political equalising health care wherever you their proprietors’, comfort zone. Most happen to fall ill in Europe, to eco- are incapable of reading journals from landscape with our labelling of products and fair and other countries and cannot be bothered eyes open.” civilised treatment for victims of people to glance at the few English language trafficking. Of course, as a writer, the based ones, like European Voice, that deal one I like is the move to increase with EU issues in any depth. copyright from 50 to 70 years after the So here is a quick list of the issues author’s death: at last a real incentive that voters should ponder when deciding for my family to keep me in print to vote for the PSE (European Socialist Party, including Labour), ALDE (Alliance of Liberal Democrats for Simon Mundy, founding President of Europe), EPP (European People’s Party the European Forum for the Arts and – including the Conservatives, although Heritage (now Culture Action Europe), David Cameron wishes it didn’t), GEFA is a writer living in Powys.

spring 2009 | 21 politics economy legal wales environment social policy communications culture

Denbighshire Debacle Derek Jones on the lessons we But even this was not the first time councillors urging them not to discuss the should learn from the travails of a that Denbighshire had been hauled over matter in public. Welsh county council the coals. In September 2007, Estyn As with any news blackout, rumours, found that the county’s educational some of them most unsavoury, began to The chief executive of a county council performance was below average for circulate. Finally, it was announced that suddenly resigns (November 2008), children at the ages of 7, 11 and 16. Of Ms Bowen had resigned. No details were and is gone within days. The day after 22 local education authorities in Wales, released of the reasons for her resignation his departure, a most unfavourable Denbighshire came 19th for the or the terms of the settlement that had report on the governance of the county percentage of its students gaining two been agreed. That this episode had is published, prompting inevitable AS or A Levels. nothing to do with Sioned Bowen’s speculation – did he jump or was A month later, the cabinet lost – competence or performance was he pushed? though hardly decisively – a vote of confirmed later when she landed an We may never know because, before confidence in its conduct of the county’s important job with Estyn. Citizens were he clears his desk, the chief executive in affairs; a new leader was elected and a bound to speculate that there had been question insists that a confidentiality new cabinet appointed. The Welsh a clash of personalities or, worse, that clause has been clipped to his lump sum Assembly Government instructed that Denbighshire, aware that their educational settlement, preventing either his former major plans for improvement should be services were seriously under-funded, did colleagues, or the citizens he was paid to drawn up under their supervision, and not have the will or the ability to remedy serve, from discussing the matter. Ian the necessary remedial action monitored. the problem. We still do not know the Miller’s denial that his departure had The extent of the council’s progress will truth of the matter. nothing to do with the contents of the be made known this Spring. But now, a year later, here we are report was, hardly unexpectedly, treated again. Denbighshire denied that Mr with the utmost scepticism. This was Denbighshire, the county where I have “As with any news lived for the past ten years. Denbighshire already had ‘form’. This blackout, rumours, was just the latest of several intimations some of them most that something was seriously wrong. In November 2007, the county council had unsavoury, began opened Hyfrydle, a home for six children to circulate.” with autistic spectrum disorders. A mere eight months later, having failed to find Miller’s very sudden departure (chief more than two children who might have executives normally give six month’s benefited from taking up residence there, Ian Miller – did he jump or was he pushed? notice) had anything to do with the results and having presided over considerable of the Audit Commission’s unfavourable staff turnover, they closed the home And so to what is, for many local report on the county’s governance. down. One can imagine the soul citizens, and even for some councillors, However, we do know that the searching of the Denbighshire cabinet. the starting point of this tale of woe: the commission found poor communication Yet it is hard to credit that the decision unexplained departure, in October 2007, of and coordination at the heart of its to open the home was accompanied by Sioned Bowen, the county’s well-respected unsatisfactory performance, and as chief so little ‘marketing’. This was the incident Director of Education. The official line at executive, Miller surely bore responsibility which prompted the more general review the time was that she was not at her desk, for that. He presided over a major re- of Denbighshire’s corporate governance, but had not been suspended, or dismissed. structuring of the administration in 2002- the results of which we now know. The Chief Executive, Ian Miller, wrote to 3, intended, presumably, to improve

22 | www.iwa.org.uk communication and coordination. arithmetic. The biggest single party in been cooked up in advance. Quite evidently, it did no such thing, Denbighshire, the Conservatives, have Most blatant of all, of course, in the and dispensed with the services of a good two cabinet seats out of nine; the case of Denbighshire, was that, other than many experienced officers in the process. independents have three, Plaid Cymru, cabinet members, councillors, no more From the outside (and it is shocking that two, and Labour, one. To achieve a than ordinary citizens, were not privy to a local authority is so distanced from its balance of skills and gender and to the settlement negotiated for their former citizens that they are reduced to maintain it when cabinet members are chief executive. In an ironical twist, guesswork about the real state of its divided along party lines must demand officers have recently written to certain affairs) you get the feeling that both some very deft footwork by the council councillors to remonstrate about their institutional and personal relationships leader. One senses a good deal of pulling non-attendance at committee meetings – at the top had gone seriously wrong. and pushing in the background of recent this is doubtless justified, but it has just a The water was further muddied by events in Denbighshire. touch of the pot calling the kettle black. Mr Miller’s renewed insistence that the Moreover, under the local cabinet At the same time, perhaps terms of his settlement should remain confidential. The county council’s policy County Population Size (sq km) of non-disclosure (already applied in the Anglesey 68,900 711 case of Sioned Bowen, and extended, I understand, to lower levels of the Gwynedd 118,300 2,535 hierarchy when a person leaves Conwy 111,300 1,126 unwillingly or in controversial circumstances), ostensibly to protect Denbighshire 96,100 847 individual privacy, is here being invoked Flintshire 150,100 438 to prevent discussion of matters of legitimate public concern – or so it is Wrexham 131,000 504 bound to seem to those who are outside the loop. The former chief executives of system, a council is dependent – perhaps Denbighshire is merely the most accident- banks and major companies in the private more dependent than it should be for prone of the Welsh local authorities which sector have been, on the other hand, political health – on professional chief came into being on John Redwood’s much more brazen and perhaps that’s officers, well seasoned in local government watch as Secretary of State in 1994. The healthier (though only in that respect!). experience, who can offer objective advice Local Government (Wales) Act of that Two aspects of these affairs are worth to the cabinet, untrammelled by party or year is generally regarded as having been further analysis because they raise more local loyalties. The waters can surely be a botched job, and nowhere more so than general questions about the state of local very easily muddied. in north Wales, where the only new government in Wales. Like many other Who has the real power when so authorities which seem to have gained authorities, Denbighshire has adopted the much depends on detailed examination from it are Wrexham County Borough cabinet system. The advantages are of complex matters – the cabinet or the Council, which has forged ahead obvious. Instead of the previous protracted officers? Conversely, perhaps they have economically and can now realistically system of decision-making, you have an to work together so closely that it aspire to city status during the next round executive which works, virtually full time, sometimes appears that they are of designations, and Anglesey County on the budget, general strategy, and major indistinguishable. Is it not just possible Council, where, it was not difficult for decisions: the Westminster model. But that the key to some of the mysteries local authority boundaries to follow there is a crucial difference - Westminster of the Denbighshire debacle lies in a geography and a sense of local identity. cabinets are made up of ministers from separation between the cabinet and chief A sense of identity is much less the same party, who may be presumed to officers on one side, and the rest of the apparent in the new Redwood authorities share enough of a common outlook for council on the other? of Denbighshire and Conwy County coherent government, and who are more Certainly that’s how it appears to Borough. They were carved, crudely, broadly accountable to their party and some members of ‘the poor bloody out of the ‘old’ counties of Clwyd and to parliament. infantry’, ordinary council members Gwynedd. Clwyd, in particular, had been A local cabinet is similarly accountable feeling, in many respects, excluded from a good, functioning county with many to the council as a whole, but need not be real power and decision-making. They sit economic, cultural and political advantages. made up of members of the same party. on committees, and they are entitled to It had been in existence for too short a The leader of the council, who makes attend cabinet meetings – but they cannot time to be loved, but the promise was cabinet appointments, does not, in doing attend the pre-meetings and have the there. Whilst Wrexham’s ambition to run so, even have to reflect the electoral strong impression that everything has its own affairs could not, for ever, be

spring 2009 | 23 resisted, the ‘balkanisation’ of the rest of suggested that Merthyr Tydfil and the Join the IWA and north Wales was an unnecessary and Vale of Glamorgan are also in need of support our work. counter-productive move, which may go surgery) might not require primary some way to explain Denbighshire’s legislation and might pay administrative, “The IWA occupies a unique place in Welsh public life. Its analysis of current issues is troubled history. Clearly Redwood was if not necessarily democratic, dividends. always professional and extremely helpful.” influenced by the attachment which many I make the distinction between Lord Richard of Ammanford people felt to the pre-Clwyd county of that administration and democracy advisedly. Chairman of the Richard Commission name – a laudable sentiment in principle, It is significant that local councils are, as but the carve-up deprived ‘new’ often as not, called ‘local administrations’, “The IWA is a quite extraordinarily valuable body, and I am very proud to be a member Denbighshire of the kind of urbanity which and that the Audit Commission’s of it.” had made Clwyd a progressive and complaints about Denbighshire Lord (Kenneth) Morgan efficient working county. concerned the inefficient delivery of One of Wales’s leading historians For once, small is not necessarily services. Obviously the public services – “In a time of transition for Wales, politically, beautiful. The trouble with small environmental health, libraries and leisure, the Institute of Welsh Affairs provides a counties is that they allow old rivalries to highways, housing, planning and social vital forum for all sides to come together be maintained, such as, in Denbighshire, work, as well as education – are at the over both strategically important and those between Ruthin and Denbigh, heart of local government, and, equally contentious issues.” Rhyl and Prestatyn, as well as ancient obviously, their performance should be Baroness Ilora Finlay of Llandaff Professor of Palliative Medicine, antagonisms between town and country subject to external scrutiny. But a council Cardiff University – with councillors vying with each other should be more than an administration; to get the best for their own patch. Add if citizens do not see democracy at work The work of the IWA depends on the support to that the fact that Denbighshire has no locally, they are unlikely to have much and contribution of individual members across Wales and beyond who share our less than 43 councillors, out of all interest in it at national, let alone at determination to mobilise the nation’s human proportion to its population and land European level. and social resources in order to face the area – for an equivalent area in Scotland I see only limited evidence that challenges ahead. By bringing together partners there would be half that number – and local councils in Wales go much in business, academia, and the public and you begin to realise that some very beyond a standard model of voluntary sectors, the IWA is helping to shape economic, social, educational, environmental clever politics indeed are needed to representative democracy. A minority and cultural policy across Wales. avoid a perpetual tug of war between of us (42.4 per cent in Denbighshire) separate local interests. Parochialism vote in our councillors every three I wish to become a member may also have played a part in years and expect them to get on with and enclose a cheque for £40. Denbighshire’s problems, especially in its it, getting in touch with them as I wish to become a member treatment of schools. Perhaps the map individuals if we need their help, but and pay by credit/debit card of local government in North Wales otherwise unaware of their discussions the sum of £ needs once more to be redrawn. unless some major development or Account Number Understandably, there is very little scandal reaches the local headlines. _ _ _ _ /_ _ _ _ /_ _ _ _ /_ _ _ _ appetite for such root and branch reform, Citizen Panels (and Denbighshire Expiry date _ _ /_ _ and the Beecham Report (2007) came has recently re-launched their’s) are a out against it. Local government in Wales welcome first step towards an institutional I wish to pay by Direct Debit (This will help us keep our costs down) has already been radically re-organised recognition that citizens are worth Please send me a Direct Debit application form. twice in the last 30 years, and who would listening to. Long term, they have the Please send me details about becoming willingly contemplate yet more expensive potential to change the way we organise an IWA Fellow. disruption? Instead, Beecham local affairs. But they are fragile – it only recommended new forms of collaboration takes a Denbighshire-type debacle for the Name: Title: between authorities, which may be right whole experiment to be undermined, and in the short term so long as the gap for cynicism to return Address: between service providers and individual citizens is not made even greater. Post Code: Long term, 22 unitary authorities are Derek Jones is Vice Chair of the Civic Tel: Fax: surely too many for a country as small as Trust for Wales and a member of the E-mail: Wales. Piecemeal boundary adjustments IWA’s North Wales Committeee. or mergers, applied, say, to Denbighshire, He edited Censorship – A World Encyclopedia, Return to: Flintshire and Conwy (it has been 4 vols, Fitzroy Dearborn, 2001. Freepost INSTITUTE OF WELSH AFFAIRS Institute of Welsh Affairs, 4 Cathedral Road, Cardiff CF11 9LJ Lesotho is known as the Kingdom in the Sky as geographically its lowest Carl Clowes says the Assembly point is 1,400 metres above sea level. Government’s efforts at relieving poverty in the sub-Sahara need a sharper focus

Wales for Africa

Anyone who has had experience launched by First Minister Rhodri of the Welsh Assembly Government. of working in sub-Saharan Africa Morgan in October 2006, as Wales’s How do you avoid initiatives based can testify that facilities are often contribution to “make a reality the on individual passion which can be dire, professional support is United Nations Millennium transient? Equally, how do you avoid frequently non-existent, training is Development Goal of halving global visits becoming little more than safaris poor, maintenance is minimal, drugs poverty”. The contribution is not which we have witnessed in the past? are in short supply, and poor morale insignificant - £500,000 a year for The Welsh approach flies in the face of leads to a brain-drain to more general activities and a further £50,000 the useful example set by the Scottish attractive pastures. for health related work. Government which decided at an early It is not surprising, therefore, that As a result, a variety of countries opportunity to focus its activities on just when a ‘donor’ comes along with a have become the focus of initiatives in one country, namely Malawi. The particular proposal, it is often snapped sub-Saharan Africa and more than 50 challenges facing the Millennium up in desperation. International aid to initiatives have been in receipt of support Development Goals are so great that developing countries for health alone has to date. This is good news and, at the there are real dangers in dissipating our in fact doubled to $14 billion since 2000. same time, worrying news. It is good in limited resources, both human and Much of that is aimed at individual the sense that there is an untold volume financial in too many diferent directions. diseases and delivered outside of of good will in Wales to take the The limited resources of a small country recipient countries’ planning and initiative in sub-Saharan Africa forward. such as Wales need to be focused to have budgeting systems. It is fairly self-evident At the same time the news is somewhat a meaningful and sustainable impact. that unless programmes are integrated tainted by concern that monitoring and When the First Minister launched into routine systems, there is a danger evaluating the effectiveness of such a ‘Wales for Africa’ he declared that the of duplication rather than synergy. broad range of activities is nigh on “initiative would benefit the strong links The Wales for Africa initiative was impossible within the limited resources built over the last 20 years with Lesotho

spring 2009 | 25 politics economy legal wales environment social policy communications culture and also the many other smaller links established over a period of time. Dolen Cymru has moved a long way in with countries and institutions in Uganda Dolen Cymru’s emphasis has always achieving that. It can legitimately claim to and Ethiopia and elsewhere as well as been on the development of understanding have had an impact in the use of Welsh the links we have with Somaliland and friendship and material or welfare healthcare workers to help combat through the Welsh Somali community.” support was predicated on a good HIV/AIDS and support the volunteer Indeed, at the launch he indicated understanding of the recipient community. Village Health Workers in addressing that although he had come under An equitable relationship has been mental health issues. Welsh teachers have considerable pressure during the fundamental to its success. Given that also made a significant input in supporting consultation period to focus on one governments come and go, the focus on universal primary education in Lesotho. country, he was persuaded otherwise community to community links has led Both have had considerable support from but nevertheless was committed to a to a highly sustainable model and one the Welsh Assembly Government. focused approach. Hence the reference that is now in its 24th year. During these In the words of the Mohlabe Tsekoa, to sub-Saharan Africa. Within that decades several hundred Basotho and Lesotho’s Foreign Minister, “the link is a region, he further indicated that there Welsh people have been involved in source of hope to the people of Lesotho. would be a limited range of countries or exhanges and many thousands of young It is one of the greatest developments districts gaining support. That original children have come to know more about that has come to us on a human level ... agenda needs to be re-established and their ‘twin’ through teaching materials it is an example of how the peoples of there needs to be greater transparency produced for the National Curriculum. the world, regardless of the distance and accountability for the strategic and With links between 150 schools, a separating them, can cooperate for decision-making process over where the Memorandum of Understanding with mutual development and support”. government of Wales channels its support. the Ministry of Health, and a wealth of In reality, the Millennium Development In this effort we can build on Dolen church, governmental, voluntary sector Goals were never going to be met. They Cymru – the Wales Lesotho Link – links and cultural exchanges, there has were a political ploy by politicians to gain which was established in 1985, the first been an infinite variety of opportunities international favour at the onset of the new country to country twinning in the for enriching our experiences. Millennium. The targets were set without world. The aim was for Wales to identify Given that one of the Millennium any real understanding of how they were a compatible partner in the ‘developing Development Goals is to “develop a going to be met, where the finance was to world’ where good relations could be global partnership for development”, come from and irrespective of where

Dolen Cymru has been creating links between Wales and Lesotho for over 20 years. Here, a Lesotho school choir sings the Welsh National Anthem.

26 | www.iwa.org.uk Lesotho is a beautiful country, steeped in a rich history and culture. But difficult geography and communications make the delivery of essential services such as healthcare very challenging.

Above: A youngster in Lesotho sneaks a look at the camera. Dolen Cymru has touched the lives of over 40,000 pupils in linked schools throughout Wales and Lesotho. Left: Twenty five per cent of Lesotho’s population are dependent on the World Food Programme.

individual countries stood in their levels general, the case for the Wales for Africa strength that we can build on. These of earlier achievements. initiative to change its focus away from gains for Wales are, of course, the only Disappointingly, the Millennium the Millennium Development Goals is reason that the Welsh Assembly Development Goals have become one a compelling one. Government can operate in sub-Saharan of the main reasons why disease-specific The long-term success of Wales Africa. The Welsh devolution ‘settlement’ global programmes have been so much for Africa remains to be seen. In the (Wales Acts 1998, 2006) doesn’t permit to the fore at the expense of sector-wide meantime, the huge opportunities for otherwise. Our answer is for some of the reforms. The activities that have personal development that have Whitehall Department for International stemmed from the Wales for Africa emanated from various links with sub- Development’s responsibilities to be initiative are on a relatively small scale Saharan Africa, pre- and post- Wales transferred to Cardiff Bay to legitimise but the lessons are still relevant. We for Africa are incontrovertible. and strengthen our activities in the must focus on sector-wide reform and Nobody can deny that, handled developing world ensure our interventions result in effectively, in an equitable relationship, sustainable outcomes. Evaluation and Welsh personnel gain every bit as much Dr Carl Iwan Clowes, Honorary monitoring is a constant need. In as they are able to give and this is a great Consul for Lesotho

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The Cwm coking workings at Beddau, the largest single eyesore in industrial south Wales. Renovation of the site is made more difficult by the listed timber cooling towers.

Repaying an Outstanding Debt in the Valleys Gwyn Griffiths describes the extent of the Welsh land reclamation task still to be finished

In the half century since the • The Cwm Coking Works at Beddau • The British, a former 200 acre Aberfan disaster in October 1966, is probably the largest single eyesore in former industrial site in Talywain, so much land and derelict sites have industrial south Wales and its negative Torfaen, is a significant eyesore, the been reclaimed in the Valleys that visual impact is massive. The site only major development prospect in many may think the job is done. poses complex technical problems in the heavily developed upper Eastern However, some very large and terms of clean-up, made more difficult Valley. In early 2008 it was acquired challenging brownfield sites still by the retention of the listed timber by Spring UR, a sub-division of remain to be improved and could cooling towers. Castlemore Securities, with the aim provide a platform for recovery in of developing a £100 million housing, some our most economically • Bedwas Colliery has numerous business and retail development disadvantaged communities. physical and chemical challenges to scheme. However, at the end of Paradoxically, the current economic overcome, and might best lend itself to February 2009 Castlemore Securities downturn is creating an opportunity. For being turned into a green amenity area, entered administration. Coming on top it is creating a time slot during which the in compensation for hard development of the downturn this is likely to mean sites can be reclaimed and prepared for on other green field sites in the vicinity. the British will need more public development. If the opportunity is taken, This obviously conflicts with the sector pump-priming. The site has the then when the reserve of currently current views of the Local Authority potential to be a showpiece of its type, available land has been diminished, in and the financial aspirations of the with its stunning surrounding say four or five years time, these sites owner. A satisfactory compromise landscape coupled with the surviving will be ready for use. However, inaction might be to carry out the basic clean- elements of its industrial heritage. until there is a renewed market demand up, landscaping and vegetating of the could set them back for a further four site, leaving it as an amenity in the • The Phurnacite site at Abercwmboi or five years. short to medium term, with site in the Cynon Valley, the only large, flat, servicing and infrastructure being left developable site between the north of Four of the major opportunities for until development is committed. Aberdare and the south of Abercynon development in the Valleys are: is well on the way to being remedied. However, there is still a need for further public investment.

28 | www.iwa.org.uk These are just some of the major sites in the Valleys that await reclamation. Elsewhere there are small sites that need specific support, including such former collieries as Navigation at Crumlin, Penallta, and Llanbradach. Early progress and treatment of these sites will remove the blight from their surroundings, so enhancing quality of life and attractiveness of their localities. However, it is the case that in all but the last decade of relative property boom, regeneration of almost all of such difficult sites in Wales have depended wholly or in part on a major public sector led or, or pump-priming, input. Development of Swansea Gasworks by Tesco is a rare but explicable exception. It is noteworthy that all four of the major sites listed above have been vacant for much of the previous favourable property development decade, or even longer. Indeed, the British first receiving outline planning consent for residential development in 1975. There are four broad options for making progress on these sites: 1. Buy-out of the private interest by the public sector. 2. Public subsidy to the private owner to overcome the ‘site negatives’. 3. Pro-rata Joint Venture. 4. Subsidised Joint Initiative - a mix of 2 and 3.

The buy-out option ties up large sums of public money for a lengthy period until the market hopefully improves. It also commits the public owner to make large investments to rectify and possibly service the site for development. Furthermore, for a few years, it is unlikely that the owner will sell at a true market level, which has fallen significantly from that value which he had grown to anticipate. A public subsidy might achieve similar aims, but in the short term, owners may be reluctant to commit the staff and resources necessary to drive forward the improvement of the site, with little prospect of any early return. On such Top: Remains of Navigation colliery at Crumlin in the Rhymney Valley. large and long-term projects, with their Middle: A view of ‘The British’ at Talywain, Torfaen – a 200 acre industrial site that first received planning consent for residential development in 1975. inevitable uncertainties on cost and Bottom: Remains of the Phurnacite plant at Abercwmboi in the Cynon Valley – income, it is very challenging to structure further public investment is needed.

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a subsidy mechanism which adequately financial stringency. However, it would match or lever other funds being protects the public purse, yet financially remove eyesores, hazards and blight invested by other arms of the public tempts the owner to take the project from communities needing sector, service providers and developers. forward. comprehensive regeneration and release They will bring direct and indirect While attractive to the public purse, vital land for development. Reclaiming returns, although the scale and timing a pro-rata Joint Venture rarely works these sites is expensive and not very of those returns will rest heavily on the because, if the site has an overall labour intensive. But it is an essential speed and timing of economic recovery. negative value, the owner is being asked fore-runner to construction and The costs are dauntingly high, but to share that loss pro-rata. regeneration work which is very labour without them the Valleys will continue In most cases, therefore, a subsidised intensive, particularly in the construction to decline. The expenditure should not Joint Initiative best fits these difficult sector which has been hit so hard by the be regarded as a subsidy for the Valleys. sites. The public sector can focus its economic downturn. Rather, it should be seen as an item subsidy component to deal with the The process of upgrading and omitted from the balance sheet of the major site legacies and needs, while regenerating the many communities in industries which have fuelled the British retaining a share of returns to reflect the Valleys is of much greater economy for almost 200 years relative contributions and the public importance than the ‘tail-end’ of the benefits to be obtained. reclamation process. Yet to a great extent Dealing with all of the remaining it is dependent upon it. Whilst much difficult derelict sites could require gross has been done, much more remains, A funding of some £180 million over the working fund of less than £40-50 million next 10 years. An investment of this a year is unlikely to have an impact Gwyn Griffiths, Director of Land order will, of course, present the Welsh sufficiently quickly in the Valleys. These Reclamation with the Welsh Assembly Government with difficult are gross figures to be used directly, in Development Agency between 1984 choices at a time of ever tougher partnership or as gap-funds, and will and 2004, is a consultant engineer. Green Deal Phil Cooke traverses the statistical swamp of the Assembly Government’s green jobs strategy

The opening chapter of the Government’s consultation on a strategy for Green Jobs for Wales, published in November 2008, kicks off with the following grand claim:

The value to the Welsh economy of ‘Green Jobs’ is already estimated in excess of £1 billion (CBRMi, 2008).

The £33m Western Wood Renewable Energy Plant at Port Talbot, developed by Eco2, turns clean, surplus wood from the local timber industry into sufficient electricity to power 31,000 homes. As well as contributing to the local economy through fuel supply contracts, 20 new green jobs have been created to maintain the plant’s 24 hour operation. spring 2009 | 31 politics economy legal wales environment social policy communications culture

As someone professionally For instance, on more than one ‘encourage’, ‘assist’ or ‘work with’ which interested in such estimates, I turned occasion in the last six months Gordon also occur frequently. to the bibliography, not least since it Brown has claimed 100,000 UK jobs The point is that we have moved is such a perfect round number that will be created in clean technology into a ‘demand-side’ policy world, with is being exceeded. I was disappointed industries. But so late were our island’s the name of Keynes occurring in the since the CBRMi citation is the only governors in waking up to the problem, popular presses with greater frequency one out of 59 not included. Suspicious, let alone the solution, that this will not than that of Duffy. Even Marx is being I googled it and there was CBRMi, happen. In November 2008 the hard- evoked as the newly re-fashionable Bangor University’s newly re-launched nosed National Institute for Economic concepts of nationalisation and the rise Centre for Business and Research and and Social Research concluded that, at of state intervention bestride the media. Market Intelligence. best, about one-third of the claimed It is, to say the least, mildly disturbing that a document published in November 2008 does not to take this sea-change into account. Of course, ‘supporting’ is also consistent with not doing very much, as those who have ever attended meetings which purport to be vehicles for ‘networking’ will understand. However, it seems to facilitate the grandest of claims and the Green Jobs for Wales consultation report really loads up the constituencies it will benefit. Thus “better conditions ... for our less well-off communities” and “positive social outcomes … in our less well off communities” cover the Social Exclusion constituency; “knowledge-driven economy” covers the Lisbon Agenda constituency; “meeting our targets on Another view of the Western Wood Renewable Energy Plant at Port Talbot. carbon emissions” nods to Kyoto and, later this year, Copenhagen that hosts the UN’s Climate Change Conference to In 2006 CBRMi did a study of 100,000 could reasonably be anticipated. update the Kyoto emissions protocols; green enterprises in Anglesey, Gwynedd, Commendably, the Assembly while in the present economic context Conwy and Denbighshire and found Government consultation document is “creating jobs” will be welcomed by all. some 260 firms. It transpires that the more sober. It sticks to past estimates that The last is the reason for the report; the £1 billion+ for Wales was derived from green technology already contributes 9 rest is probably, at best, wishful thinking. a report by the Peterborough-based per cent of Gross Value Added to the For the bankers have changed Centre for Economic and Environmental Welsh economy though, again annoyingly, everything. They have certainly knocked Development. However, there is no that statistic isn’t sourced or cited. the green item off the top of the agenda. report visible on this Centre’s website Frankly, it all seems a bit of a rushed job. Yet, it is striking how Barack Obama that contains the claimed numbers. A final carp before looking a bit more and other leaders see the imperative of a So, it’s a mystery. Why do I bang closely at how ‘green jobs’ might arise ‘Green New Deal’ as a response to the on about such trivia? Because the more coherently is that the consultation not especially ‘creative destruction’ environmental economics area is a is peppered with the Assembly recently meted out on Western statistical swamp in a methodological Government’s main declared function in capitalism by its financial parasites. tundra. Everyone and their partner meeting the aspiration: namely, ‘support’. Keynes once said that finance capital seems to be beavering away on different I did a content analysis of the report and was different from non-finance capital in metrics. Government data are found that old ‘supply-side’ weasel-word the following way. If a farmer behaved particularly inclined to warrant the occurring eighteen times. That is not like an investment banker he would wake statistical health warning. counting its cognates like ‘promote’, up in the morning, see it was raining,

32 | www.iwa.org.uk and sell the farm. Then, in the in places like Jutland, Denmark. They a pound an hour. afternoon, when the sun came out, he could be produced by Enfis in Swansea. These are the kind of dreams that an would buy it back again. Even my Need I go on? It is evident that the Assembly Government demand-driven agrarian Cardiganshire forebears never Green Jobs for Wales strategy that comes Green Jobs Strategy could project. Work quite managed that level of ‘arbitraging’. out of the present consultation process should begin on a re-think immediately. The new way to think about doing social, economic and environmental good “Recently, Welsh local authorities were taken should be to aim to be a European to task for shutting down half their street lights ‘Transition Region’. Many readers will have heard of to save electricity when the price of energy was Transition Towns. ‘Transition Regions’ so high.” are one step up. They innovate green technologies and they sell them via public procurement and to private markets, sometimes with consumer But among many things including should be bolder. Will it, for example, subsidies (dread word). This protects an private consumption, demand-side say that the Assembly Government emergent green technology niche so that means public procurement. The Welsh supports local District Heating schemes a market can grow. Green technologies Assembly Government controls 22 local and Combined Heat and Power Stations? such as District Heating expertise with authorities, NHS Wales and its hospitals, This would help create more jobs in firms collaborating and mixing solar, day care centres, and long-term care companies like Cardiff’s Eco2 that wind and biomass or biogas can grow centres, schools, colleges and universities, designs local biomass power stations for within such partially protected market museums, libraries and art galleries and, customers all over England, Spain and which can be highly innovative. For crucially, their budgets. even gets orders for its straw-burners example, the Danes power many of their What a grand day for green jobs from Romania. It gets few orders in combined heat and power schemes with in Wales it would be if, at the very Wales, the renewable energy plant at the surplus pig manure from their bacon minimum, these public bodies were Port Talbot featured in the previous industry. With the development of such required to source an experimental 20 page being a rare exception. innovative technologies, export markets per cent of their supplies from locally or Would Assembly Government like China and India can open up, regionally grown or processed food for representatives lobby UK government creating vast new demand. their canteens. What about demanding legislative processes to ‘support’ such In European regional terms, a new green fleets of vehicles? Wales has one firms when, as in the case of Gordon regime may be said to have been put in of Europe’s noteworthy Hydrogen Fuel Brown’s Eco-towns idea, now stymied place when that regional production- Cells clusters including the Naro Car by all sorts of blockages, the first draft consumption link is made. That region Company and Connaught Engineering. of the legislation allowed for ‘collective is in transition to an ultimately new The experiment could be ratcheted up energy’ provision, stimulating the likes of socio-technical landscape. In this no every six months or so, based on learning Eco2 to treat biomass District Heating as hydrocarbons are used, or if they are how to change demand patterns. an interesting and important new market. emissions are sequestered – a term that Recently, Welsh local authorities were What was the problem? Well, by the resonates in our coalfield – underground. taken to task for shutting down half their time ‘big power’s lobbyists had got at it, Such a global post-hydrocarbon street lights to save electricity when the the second draft stated that power landscape would mean that all jobs in price of energy was high. I never once supply would be according to ‘individual Wales would be green. In Proverbs 29:18 heard the notion that they might make a choice’ meaning no combined heat and the Bible says: ‘Where there is one-off investment in light emitting diode power schemes or localised supply could no vision the people perish”. It is a (LED) street-lamps that would save them compete or survive against ‘big power’. prescient statement that Assembly thousands a year anyway. And why not Will the Assembly Government help Government policy drafters would do put in LED traffic lights at the same those who would like to generate their well to ponder upon as we face global time? Probably the collective councillors own renewable energy to be able to feed- warming, not to mention fiscal storms of Wales would think I was hallucinating in surpluses to the grid? What more if they ever heard such apparent rwtsh. enjoyable pastime for a deracinated But these lamps exist, are installed in Cardi than to observe his smart meter Professor Phil Cooke is Director some towns and cities, New York City for informing him that his feed-in tariff was of the Centre for Advanced Studies one, and produced by small, smart firms currently reducing her electricity bill by at Cardiff University.

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The Queen and Presiding Officer Lord Dafydd Elis-Thomas at the official opening of the Senedd in 2006. This ‘dignified’ part of the emerging Welsh constitution – to use Bagehot’s phrase - is working well. It is the ‘efficient’ part of legislating for executive action that needs reform.

authority from Parliament to make Bypassing primary legislation. However, in practice the main way the Assembly is receiving new legislative the Assembly powers is directly by Acts of Parliament. These ‘framework powers’, which add Matters to Schedule 5 of the 2006 Act set Marie Navarro and David Lambert Reading the media, and the statements out the Assembly legislative powers. Also, find that new powers are being of some AM and MPs, the impression new Acts are passing new responsibilities to handed to Wales without scrutiny is that all new devolved powers since the the Assembly Government with little debate or debate 2006 Government of Wales Act came or scrutiny, either at Westminster or Cardiff into force have been the result of Bay. Since the Government of Wales Act Legislative Competence Orders (LCOs). 2006 came into force following the May These are the Westminster procedures 2007 election, the National Assembly has through which the Assembly seeks been by-passed for most devolved powers.

34 | www.iwa.org.uk The media has concentrated on Assembly Government directly by Acts government’s priority is to deal with the problems of getting the Assembly’s of Parliament. the economic crisis. legislative bids by means of LCOs In 2007-8 there were 21 such Acts, Unlike 2007-8, there are so far no through Parliament. What has not been of which six gave executive powers to powers given to the Welsh Ministers commented upon is the way in which the Assembly Government only; 10 gave directly which are not also subject to the LCO system and the Assembly itself both executive powers to the Assembly affirmative or negative resolution have been excluded from the bulk of the Government and affirmative or negative procedure in the Assembly. However, transfer of powers during the last two resolution procedure powers to the apart from the two Bills giving years. LCOs are only the tip of the Assembly. A further 5 Acts gave both framework powers to the Assembly, iceberg of the transfer of powers to executive and legislative powers to the there are no other Bills containing Wales by means of framework powers, Assembly Government and the Assembly. framework powers. Transfer of Functions Orders and However, what 16 Acts did not give In the last two years, the proportion executive powers in Acts. During the the Assembly is the legislative power to of executive devolution only, against present 2008-9 session of Parliament the make Measures within the scope of the combined legislative and executive Assembly is still by-passed but at least Acts. This is surprising in that some of devolution is respectively 21 to 2 and its existence and role as a legislature is the Acts are in the main devolved fields 7 to 2. receiving greater recognition. such as education, health and housing. In evidence to the Assembly’s In the last eighteen months What is even more surprising is that Subordinate Legislation Committee in Parliament has agreed three LCOs under the Assembly Government obtained December 2008, the Counsel General, Part 3 of the Government of Wales Act executive powers under six Acts for Carwyn Jones, said Bills which give 2006, adding 12 new Matters to which there was no parliamentary legislative powers to the Assembly and/or Schedule 5. This Schedule now contains control in the form of affirmative or executive powers to the Assembly 47 Matters, 35 of which are in force and another 12 are being proposed. Table 1: Sources of new powers handed to the Assembly since May 2007 Yet the 12 Matters which have arisen from the three LCOs have been far Powers status LCOs Framework Powers Conversion Orders outweighed by Acts of Parliament. These In Force 12 23 10 have resulted in 23 Matters being added Proposed 3 (new) 4 (new) 0 to Schedule 5. In addition 10 further Matters have been devolved as a result of 5 backlog ‘Conversion Orders’, a device to devolve 2007-8 powers from existing Acts. In all, therefore, 33 Matters have come from Acts of Parliament, against 12 from negative resolution debates given to the Government, are not matters for the LCOs. These 33 Matters were never Assembly. The existence and role of the Assembly’s involvement. He declared that debated widely either in the Assembly, the Assembly as a legislature was therefore Parliament can delegate powers to the Welsh Affairs Select Committee or in the totally ignored six times that Welsh Ministers directly and that it is press. The Assembly has no say in the parliamentary year. “a matter for them … as to whether nature or extent of the framework powers. The latest Queen’s Speech unveiled Welsh Ministers receive that power”. Some of the Matters handed down the legislative programme of the UK The Assembly does not have a role in directly by Parliament are very wide, for Government for 2008-09. Of the 13 deciding whether the Assembly example Matter 12.1 inserted by the Bills announced in the speech, nine Government receives specified powers. Local Government and Public UK Bills would devolve powers to the According to the Counsel General, the Involvement in Health Act 2007. Others Assembly Government directly. Of those Assembly only has a role, through are narrower, for example Matter 18.2 nine Bills, two would also give legislative scrutiny by one of its Subject inserted by the Planning Act 2008. powers to the National Assembly for Committees, when the Assembly Overall there are many more such Wales. Four Bills would not devolve Government “seeks to exercise that power”. Matters than those introduced by LCOs, any powers to either the Assembly Carwyn Jones was clear that decisions as shown in Table 1. Government or the Assembly. The total in relation to having and framing Outweighing all the legislative powers number of 13 Bills is very low as this Measure making powers in Bills are taken given to the Assembly, either through year’s the Queen’s Speech contains half collectively “in the Welsh Assembly LCOs or framework powers, is the of the usual number of Bills. We must Government and UK Government”. He practice of giving powers to the Welsh assume that this is because the UK insisted that any decision to confer

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powers in a UK Act is one for Parliament. Table 2: Powers transferred during 2007-08 This process totally excludes the Assembly, and was not accepted by Members of the Subordinate Legislation Executive Powers only Committee. However, it has not altered the views of Mental Health Act 2007 c.12 - NAW= Welsh Ministers Schedule 5 Field Assembly Government. Consumers, Estate Agents and Redress Act 2007 c.17 Schedule 5 Field To make matters worse, the old route of Transfer of Oender Management Act 2007 c.21 X* Function Orders is still being used in addition to the Acts. Sale of Student Loans Act 2008 c.10 Schedule 5 Field Last year there was one such Order transferring some Criminal Evidence (Witness Anonymity) Act 2008 c.15 X executive powers to the Assembly Government in relation Human Fertilisation and Embryology Act 2008 c.22 X to mental health. This year the same device is expected to Executive and Assembly +/- resolution procedures transfer powers over building regulations. Rating (Empty Properties) Act 2007 c.9 Schedule 5 Field What all this reveals is that executive devolution as Concessionary Bus Travel Act 2007 c.13 Schedule 5 Field established under the Government of Wales Act 1998 is still Tribunals, Courts and Enforcement Act 2007 c.15 X predominant, even under the Government of Wales Act Statistics and Registration Service Act 2007 c.18 X 2006. This may come as a surprise to many people. The Regulatory Enforcement and Sanctions Act 2008 c.13 X surprise is even greater as the transfer of executive powers is Housing and Regeneration Act 2008 c.17 Schedule 5 Field preferred to the transfer of legislative powers in main Health and Social Care Act 2008 c.14 Schedule 5 Field devolved fields such as education and health. Serious Crime Act 2007 c.27 X The surprise continues when looking at Tables 2 and 3. Dormant Bank and Building Society Accounts Act 2008 c.31 X These show that executive powers are also transferred Climate Change Act 2008 c.27 Schedule 5 Field outside the scope of Schedule 5 Fields. For example, some Executive and Legislative powers relate to criminal law, human fertilisation and embryology, Further Education and Training Act 2007 c.25 Schedule 5 Field banks and coroners. Local Government and Public Involvement in Health Act 2007 c.28 Schedule 5 Field The operation of the new system demonstrates that Education and Skills Act 2008 c.25 Schedule 5 Field between them, the government administrations in Whitehall Local Transport Act 2008 c.26 Schedule 5 Field and Cathays Park decide on the scope and extent of Planning Act 2008 c.29 Schedule 5 Field powers to be devolved, even the legislative powers of the TFO Assembly. They also decide the route by which powers are The Welsh Ministers (Transfer of Functions) Order 2008 No. 1786 Schedule 5 Field devolved, either by direct executive transfers or via

* Outside of the scope of Schedule 5 framework powers in Acts or Transfer of Functions Orders or Legislative Competence Orders. Table 3: Powers transferred during 2008-09 The Assembly has no say in any of these decisions or in

Executive Powers only the contents of the resulting Bills or other legislation. While they can debate the Bills after they are published they have None so far no machinery to influence their contents as the Bills go Executive and Assembly +/- resolution procedures through Parliament. It can only influence the contents of Apprenticeships, Skills, Children and Learning Bill Schedule 5 Field Legislative Competence Orders which so far have been the Coroners and Justice Bill Schedule 5 Field marginal source of new power in Wales. Health Bill Schedule 5 Field There is no doubt, therefore, that in the first years of Policing and Crime Bill X* the operation of the Government of Wales Act 2006 the Welfare Reform Bill Schedule 5 Field Assembly has been by-passed for most devolved powers. -partly This surely goes against the sentiment in the White Paper Executive and Legislative powers that preceded the Act, which stated, “The Government Local Democracy, Economic Development Schedule 5 Field believes that it is now time to re-balance legislative authority and Construction Bill -partly towards the Assembly.” Experience so far suggests that we Marine and Coastal Access Bill Schedule 5 Field will need to move to Part IV of the 2006, giving full legislative Not published yet powers to the Assembly, following a referendum, before this

Child Poverty Bill Schedule 5 Field aspiration will be realised

Equality Bill Schedule 5 Field Marie Navarro is Research Associate, Editor and Chief -partly Researcher for Wales Legislation Online, Cardiff Law TFO School. David Lambert is a Lecturer at Cardiff Law The Welsh Ministers (Transfer of Functions) Order Schedule 5 Field School and a former Legal Adviser to the Welsh Office and – Building Regulations the Presiding Office of the National Assembly for Wales. * Outside of the scope of Schedule 5

36 | www.iwa.org.uk Creating a Welsh Jurisdiction Phil Richards says Wales should take control of her Justice system

All together now for a Welsh jurisdiction - the legal establishment on parade at a Senedd opening.

“How can you as an Assembly, Prime Minister Gordon Brown asked address common criminality, low-level crime this question on 16 September 2008. He presumably realised he was not in and youth disorder when you are responsible Cardiff where his question may well for only some of the levers for change, when have received a sympathetic response. you have responsibility for education and health However, he was at the Stormont Assembly in Belfast where the executive and social development but have to rely on had not met for three months. This was Westminster for policing and justice?” a consequence of Sinn Fein's anger at the refusal of the Democratic Unionist Party to advance devolution

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of justice and agree to the passing of Isle of Man and the Channel Islands, devolved, as well as responsibility for the an Irish Language Act along the lines without the responsibility for the probation service, prisons and policing. of the Welsh Language Act of 1993. administration of the laws which its The administration of the courts would The Government at Westminster legislative body passes. It was the absence become a Welsh responsibility as well had not merely been prepared to in Wales of a jurisdiction which the as matters of law and procedure. countenance the return of control Kilbrandon Commission in 1974 cited The Assembly Government and over the administration of justice and as a justification for proposing lesser Welsh local authorities already contribute the police to Stormont after the hiatus devolved powers for Wales as compared more than half of the general funding brought about by Direct Rule. Here with Scotland. Notwithstanding the late of Welsh police authorities through the was its leader pleading with the John Smith's assurance as leader of the aggregate external finance system and reluctant unionists to seize the Labour Party that a devolved Welsh through council tax income. Additional opportunity it presented. Parliament would have the same powers sums are paid by the Assembly It is little wonder that Mr. Brown's as Scotland, the absence of a jurisdiction Government to the Home Office for Labour colleague, Counsel General (a consequence of conquest rather than specific policing costs. Yet the Assembly Carwyn Jones considered it "inevitable" agreement being the basis for Wales' Government has no power to determine in his speech on the Maes at the Cardiff membership of the Union) was again how these sums are spent, although they National Eisteddfod in 2008 that "should relied upon in 1997 as a justification for are understood to run into hundreds of the situation arise where the Assembly is distinguishing between the two countries millions of pounds. The distribution of able to exercise primary legislative in terms of the devolution settlements. funds among forces is based on an powers that a debate will have to take Now the coalition government in outdated formula rather than one based place as to whether England and Wales Cardiff is taking an interest in the matter. on current needs. This is despite the should retain a single legal jurisdiction". The One Wales agreement contains a existence of partnerships between the He was, of course, contemplating a 'Yes' commitment to consider the evidence for Assembly Government and the four vote emerging from the referendum on the devolution of the criminal justice police authorities on issues such as primary powers proposed in the system within the contexts of (a) substance abuse and crime reduction. Government of Wales Act 2006. This was not the first time that Mr Jones has dipped his toe in this particular “The distribution of funds among forces is water. In September 2007 in an address based on an outdated formula. rather than to a Legal Wales symposium in Cardiff he spoke of the development of a Welsh one based on current needs.” jurisdiction. "If you've got two parliaments which have primary powers, I think it makes it very difficult to have one jurisdiction. I'm not aware of anywhere devolution of funding, and (b) moves The four Welsh forces have in the world where you have that." towards the establishment of a single demonstrated a commitment towards His unawareness of such a administration of justice in Wales. collaboration at a national Welsh level phenomenon is shared by other lawyers. The argument is advanced that which should ease a shift to a devolved His predecessor as Counsel General, public disquiet about the justice system system. They have also established Winston Roddick Q.C., now leader of relates not so much to the laws which national bodies such as the Association the Bar in Wales, expressed the view in are passed, but to the way in which of Chief Police Officers and the Police the Lloyd George lecture he delivered justice is administered. The establishment Authorities of Wales and are co- in Cricieth in June 2008 that "a of a single administration would vest operating over projects such as language devolution settlement by which the responsibility for this in the elected Welsh training. Devolution of policing would Assembly is given full legislative body. Judges in Wales would be mean that the Assembly Government competence but not the responsibility appointed on the recommendation of would have responsibility for all the for the administration of justice would a Welsh Judicial Appointments emergency services. be dysfunctional, constitutionally Commission. There would be an The probation and prison services unsound and demeaning to Wales’s independent prosecution service for now come under the umbrella of the developing constitutional status". Wales. The crucial area of Youth Justice, National Offender Management Service Such a settlement would leave Wales, in which local authorities in Wales (NOMS) which has a Welsh arm, unlike Scotland, Northern Ireland, the already have important roles, would be NOMS Cymru with a Welsh Director.

38 | www.iwa.org.uk The Assembly Government has been Become a Fellow and proactive in supporting local centres to support our work. “Wales has treat substance abusers and establishing programmes for young people not in “I appreciate the immense contribution that the education, employment or training. Institute has made and is making to the life of been a net Wales. We would be much poorer without it.” Devolution of responsibility for justice IWA Fellow, Labour Peer matters would assist in ensuring that Lord Gwilym Prys Davies exporter offenders subject to programmes in “I am an admirer of the quality of the work custody will be able to move produced by the IWA. Its research and of the most automatically to community programmes publications are of inestimable value to Wales on their release, thus helping their and its people.” rehabilitation. The probation service has IWA Fellow, Liberal Democrat Peer, talented legal Lord Livesey of Talgarth four areas which equate to the areas served by the four police forces and “The IWA fulfils a vital role in Welsh civic society. brains for If it were not there it would have to be invented.” consequently could readily be devolved. IWA Fellow, Rt. Hon. Dafydd Wigley Few Welsh lawyers, if any, would Honorary President, Plaid Cymru centuries.” suggest that the legal profession in Wales “As someone who has been involved all of my is ill-equipped to cope with the challenge professional career in thinktanks, research bodies of devolution. Wales has been a net and policy units, I would like to pay tribute to the exporter of the most talented legal brains way in which the IWA has clearly established for centuries. Nevertheless, its own courts itself as a leading forum for debate in Welsh system needs development and political life.” IWA Fellow, Conservative Peer modernisation so that facilities are better Lord Griffiths of Fforestfach and travelling for court users is reduced. Fellows of the IWA are able, if they so wish, In the legal profession specialisation must to become involved in shaping the work programmes increase so that the long-felt need to of the IWA. In addition Fellows will: There is a joint NOMS/Assembly journey to London to litigate certain types • Receive special recognition in the IWA’s regular Government strategy for reducing of cases can be successfully challenged. journal Agenda (unless they have re-offending supported by the Reducing The development in Wales over chosen to give their support anonymously). • Be invited to special Fellows events each year. Re-offending Strategy Board for Wales. recent years of Chancery, Mercantile • Have access to the IWA for policy advice Pathway groups have been established and Administrative jurisdictions is doing and briefing. for each part of the strategy chaired by much to address the challenge. We ask that Fellows subscribe a minimum annual Assembly Government officials. Meanwhile, Welsh judges took a historic payment of £200 to the Fellows Fund. Life fellowship There are currently five prisons in step in Deganwy in October 2008 in will be bestowed for a single payment of £1,000. Wales, all for males and none catering establishing their own association. This These donations will qualify under GiftAid. for high risk category A prisoners The follows the establishment in 2006 of a I wish to become a Fellow/Life Fellow most northerly institution is at Usk, a single unit of Her Majesty's Court and enclose a cheque for £200/£1000. mere 16 miles from the southern Service in Wales with a Director for I wish to become a Fellow/Life Fellow seaboard. A new prison is proposed at Wales. All this means that court services and pay by credit/debit card the sum of Caernarfon. Its opening may reduce are now being administered on an all £ some of the deficiencies in the Welsh Wales basis. Acct No. _ _ _ _ /_ _ _ _ /_ _ _ _ /_ _ _ _ prison estate. These deficiencies have In short, the building blocks for Expiry date _ _ /_ _ resulted in long journey times for devolution of justice and policing in I wish to pay by Direct Debit inmates's visitors, with consequent Wales are being put in place. Gordon (This will help us keep our costs down) negative impact on rehabilitation. There Brown considered that full devolution Please send me a Direct Debit application form. are serious unacceptable language in these areas is crucial for the troubled Please send me details about becoming an IWA Fellow. restrictions for Welsh prisoners in province whose representatives he was English prisons. Racism is reportedly a addressing last September. Is the time Name: Title: substantial problem. There are no high not also ripe for Wales? secure hospitals in Wales and few secure Address: places for young offenders. One might anticipate that the devolution of justice Post Code: would produce a greater commitment His Honour Philip Richards Tel: Fax: to address these matters. is a Welsh circuit judge. E-mail:

Return to: Freepost INSTITUTE OF WELSH AFFAIRS Institute of Welsh Affairs, 4 Cathedral Road, Cardiff CF11 9LJ politics economy legal wales environment social policy communications culture

government established a Law Commission for England and Wales, and a separate one Reforming the for Scotland. A key figure in this initiative was Wilson’s Lord Chancellor, Gerald Gardiner. Writing in 1963, Gardiner law for ourselves analysed the problem as follows: “The governmental machinery for John Williams makes the case for Department of Health and the Welsh law reform is not geared to steady, an independent Law Commission Assembly Government. Instead the lead planned and co-ordinated operation. for Wales Government department will be the Whenever there is need for urgency Department of Health. If circumstances or for the services of persons specially The Law Commission for England change during the course of the project skilled in a particular branch of law, the and Wales recently published its 10th then the Welsh Assembly Government preparation of reforming measures is Programme of Law Reform, including may review this decision.” entrusted to ad hoc committees which reviews of the law on adult residential Rhodri Morgan’s ‘clear red water’ operate in isolation and with their and domiciliary care and the provision speech to the National Centre for Public attention focussed on one particular of support for informal carers. The Policy in 2002 identifies a desirable anomaly or group of anomalies.” outcome will be a proposal for unified objective for a devolved jurisdiction, This could be a critique of legislation replacing the current labyrinth. although the colour of that clear water is contemporary Wales. Against this This review is timely, but for Wales it now less obviously red. If clear water is background, Parliament passed the Law poses a problem. The list of Assembly desirable, and the rationale of devolution Commission Act 1965. The primary Matters in Schedule 5 to the Government is that in many cases it is, how is it to be duties of the Commissions are to keep: of Wales Act 2006 includes social welfare. achieved? Political parties are adept at “... under review all the law with Currently Wales works under Westminster identifying, in union or disunion, law- which [it is] concerned with a view to legislation such as the National Health making initiatives. Party manifestos set its systematic development and reform, Service and Community Care Act 1990. out legislative programmes. The plural including in particular the codification However, it is an area where a Welsh nature of Wales means other bodies, of such law, the elimination of approach distinct from England is emerging. many in the voluntary sector, also anomalies, the repeal of obsolete and Another example is the Strategy for contribute to law reform. For example, unnecessary enactments, the reduction Older People, now in its second phase. the Welsh Consumer Council report on of the number of separate enactments Is a review by the combined Law palliative care in Wales led to the Minister and generally the simplification and Commission for Wales and England a establishing a planning group to identify modernisation of the law...” sensible way to consider an area where a Welsh standard for palliative care. They do this by preparing reports the National Assembly has an interest? Such drivers of law reform are essential outlining the case for reform (often Will the result be an Anglo-centric components of law making in a devolved including draft legislation), identifying proposal from which Wales may deviate Wales, and there is potential for radical programmes of work, and undertaking if it thought appropriate? Such a process changes in the law in relation to the twenty law reform projects at the request of would delay reforms and reinforce the subject matters listed in Schedule 5 of the government departments. The remit of idea that Wales has to consciously Government of Wales Act. This potential the Law Commission for England and distance itself from English based would be enhanced if success in a Wales includes Family Law, Housing, proposals, rather than identify its referendum led to legislative powers similar Public Law and Criminal Law. Many own law reform agenda de novo. In its to those in the Scottish Parliament. of their proposals have been Scoping Report, the Law Commission The process of law reform must implemented, often with cross party recognises neither the current position achieve a balance between discrete support. The strength of the two nor the potential that devolution offers. initiatives. Examples would be charging Commissions is their independence. It states that it will: provisions for domiciliary based However, their power is limited to “…develop appropriate mechanisms to community care services, and a more making proposals; implementation is ensure that we are aware of developing thematic and holistic approach to reform, for government and Parliament. Government thinking, both in the such as reviewing community care law in In preparing their reports the Department of Health and the Welsh its entirety. The two are not mutually Commissions consider the law in other Assembly Government. However, it is exclusive and we need them both, but too jurisdictions. They also undertake public considered that the differences are not much reliance on incrementalism will lead consultations on draft proposals. This currently significant enough to justify to an atomistic approach to law reform. consultative process is important and this being a joint project between the Against this background, Harold Wilson’s experience suggests that the Commissions

40 | www.iwa.org.uk listen carefully to respondents. Under the Government of Wales 2006, of Orders in Council, but ... at quite Is there a case for a separate Law the law making powers of the Assembly focussed Orders in Council giving the Commission for Wales, or are we may be enhanced either by Legislative Assembly powers to legislate in a adequately served by the present Competences Orders (LCOs) or through particular area they have requested.” Commission for England and Wales? framework legislation. LCOs enable This is the narrowest of the three options In areas of law outside the legislative enhanced legislative competences to be for LCOs envisaged in Better Governance competence of the National Assembly, given to the Assembly within devolved for Wales, the Labour White Paper that a combined Commission makes sense. fields. In the Summer 2008 issue of preceded the 2006 Act. Whereas it is a Examples would include criminal law Agenda Lord Elystan Morgan referred suitable starting point, it is hoped that and the law on cohabitation. However, to the use of LCOs as a period of LCOs giving broader powers will be if the area of proposed reform is within purgatory between the status quo and sought. Whether this will find favour or potentially within the legislative the creation of a domestic Parliament. with Westminster remains to be seen. competence of the Assembly then the LCOs, he argued, will give Wales the A Law Commission for Wales could case for a separate Commission is opportunity to show that it can perform an important role in identifying persuasive. A Law Commission for formulate and implement Welsh laws. broader areas of law suitable for the Wales would work closely with the other However, the scope of the LCO LCO procedure. A report proposing two Commissions where there are procedure is unclear. Morgan rightly reforms within one of the Schedule 5 common interests or where the subject stressed the need for a balance between Fields could lead to an application for a matter straddles jurisdictions. As with the LCOs making minor changes and those more broadly based LCO. Similarly, a existing Commissions, the primary duty that make more revolutionary and Law Commission for Wales report could of a Wales Commission would be to keep potentially controversial changes. But provide the basis for primary legislation. law under review and make proposals for where does the balance lie? Nick Ainger In the event of a ‘Yes’ vote in a reform, including draft legislation. when Under Secretary of State for Wales, referendum on greater legislative powers, A Law Commission for Wales could said that he was not looking “... at a the Assembly would in the words of contribute to the devolution process. generality, a sort of broad brush Better Governance for Wales, "... be able Engaging the Dragon

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to make law on all subjects within its devolved fields". Again, a Law Elfyn Llwyd argues that bilingual juries should Commission for Wales would then have a significant role to play in proposing be appointed where defendants request it legislation suited to the needs of Wales. There is a need for a body in Wales with responsibility for reviewing broad areas of law reform and making recommendations to the Assembly Government. The existing Law Commissions consist of judges and academic lawyers, supported by research Justice in staff. This could, but not necessarily should be the model for Wales. It would have power to propose a programme of work for the approval of the Government, and would respond to specific requests from Tongues government departments. It would not exclude others from proposing reforms. In a plural Wales, political parties, statutory bodies and the voluntary sector have an essential part to play in law reform. However, a Commission would provide an overview of areas of law, with the possibility of breaking down some of the artificial In 1575, one of Wales’ foremost Juries. This is why I tabled an barriers between the different fields listed in Judges at the time, Sir William amendment to the Language Act of Schedule 5 of the Government of Wales Garrard, stated that judges in Wales 1993, which was lost by a casting vote 2006. In this way it would contribute to should be able to understand a in the Standing committee. the integrated working of government witness who gave evidence in After what seemed a promising start advocated in the Making the Connections Welsh. He said that it was essential by Sir William Garrard, a less promising Assembly Government initiative. to be able to understand the chapter was entered during the Age of Legal Wales has the capacity and language and thus the original Victoria. In 1873 the Lord Chancellor, growing confidence to provide the evidence at first hand, and not Lord Hatherley, decided that he intellectual and professional support for a through translation. This was a wouldn’t be willing to appoint a bi- properly resourced Law Commission for firm acknowledgment of a current lingual County Court judge in Wales. Wales. We have a strong and proactive dilemma back in the 16th Century. This was in case an English Plaintiff or legal profession, an increasingly separate Since then, of course, a lot of good work Defendant wouldn’t believe that a Welsh legal identity, and five distinguished law schools providing a strong research base. “It is an integral and important question within As with Scotland in 1965, the creation of a separate Law Commission for Wales this debate because, clearly, a Jury must be would be an appropriate recognition of able to fully understand evidence presented.” the growing independence of law making in Wales. More importantly, it would identify Wales as a dynamic independent jurisdiction having a carefully devised and Welsh-owned has been done regarding the Welsh Judge could deliver justice! What can programme of law reform appropriate language and its use on the circuit. you say to that kind of logic? to the needs of Wales and its people However, despite the fact that Welsh is By today, I don’t have to argue why used daily and without-objection in the I am in favour of the principle that all John Williams is Professor of Law at Civil and Magistrates Courts – and also evidence should be presented in its Aberystwyth University. Tribunals – a problem remains regarding original language. Indeed, this principle

42 | www.iwa.org.uk is outlined clearly in Section 10 of the a misunderstanding between the Welsh would be impossible to implement. In 1974 Juries Act – where there is a clear version and the English version, then it support of his position he called in aid requirement that a Juror must be able was the English version that was to be the authority Blackstone, that such a to understand English, and if his or her accepted. As was discussed at the time, change would be: proficiency isn’t adequate, then he or she if the Welsh version said that two and “…a radical departure from that is dismissed from the Jury. Therefore, two equals four and the English said five, random formation of the jury panel that it isn’t a question about linguistic then five would be the official version. Blackstone described as a ‘palladium’ of our proficiency but rather should this The situation was reviewed once liberties” House of Lords, 12 June 1973. competence only be applicable to the again in the 1993 Welsh language Act. But the truth is that there is no such English language, or rather as the need I remember visiting the late and dear principle of selecting juries at random, Lord Williams of Mostyn when he was and it’s certain that Blackstone realised Chairman of the Bar, and before he was this as well. The panel is selected, to use made a member of the House of Lords. Blackstone’s words again, on the basis The purpose of the meeting was to seek that among: his opinion on my amendment to the “…a competent number of sensible Welsh Language Act to create Welsh and upright jurymen chosen by lot from language juries. After a very polite and among those of the middle rank will be friendly hearing, Gareth said that he found the best investigators of truth and couldn’t support the amendment because the surest guardians of public justice”. he believed that it went against the According to that principle, women principle of random selection. Despite did not have the right to sit on a jury The late Lord Williams of Mostyn – “he gave a my best arguments, he would not move until 1919, and even in 1972 there was a mischievous ‘wink’ in my direction”. on the matter. property ownership criterion. Since 1974 A few months later, his term as people over 65 years of age and then over arises in Wales, to Welsh language Chairman came to an end and he was 70 haven’t been eligible to sit on a jury. proficiency as well? It is an integral and appointed to the House of Lords. One There are also other classes of people important question within this debate of the first Bills he was involved with who are ineligible, including bankrupts because, clearly, a Jury must be able to was the Language Bill. Imagine my and people judged to be insane. fully understand evidence presented. pleasure – and surprise – when I heard Therefore, where Welsh is used, Juries him raise my amendment on behalf of should be able to understand that the opposition party in the House of language, as well as English. Lords. I was sitting in the Gallery at Since 1974, the law regarding the the House of Lords at the time, and Welsh language has changed. Historically, as Gareth stood up to speak, he gave Welsh has been used daily in the courts, a mischievous ‘wink’ in my direction. prior to and after the Acts of Union – During his speech, he gave an with clauses trying to prohibit the use of example of a man being accused of Welsh in official activities. Considering stealing £200. He could go to the that the majority of people living in Magistrate Court in Aberteifi, Aberaeron Wales up until the nineteenth century or Aberystwyth and claim his right to In 1973 Lord Hailsham claimed ensuring that spoke only Welsh, the use of Welsh was have his hearing heard through the Juries were able to speak Welsh would be constituationally wrong. inevitable. Indeed, it was essential to medium of Welsh. He could call his ensure that justice was delivered in evidence in Welsh and get his advocate Therefore, there isn’t a principle of Wales, just as Judge William Garrard to use the language. However, if he was general eligibility based on selecting had found over two centuries earlier. elected to trial or jury, he wouldn’t have juries at random. This is an empty Even so, the clauses banning the use this fundamental right. argument. Yet this is the main argument of Welsh were in place until the Welsh On the 12th June 1973, Lord that opponents to this change have Courts Act of 1942, which gave the right Hailsham presented a summary of insisted on proposing. Indeed, during to use the Welsh language in certain recommendations to the Lord Justice recent discussions with Judges and situations. This was expanded upon in Edmund Davies regarding the operation politicians, the same old mantra, to the Welsh Language Act of 1967, which of the Language Act of 1967. This quote Lord Justice Thomas, is once stated that Welsh and English were to report stated that ensuring that Juries again seeing daylight. I cannot accept be treated on the basis of equality. But were able to speak Welsh would be this mantra. When a Census takes place, interestingly, if there was a difference or constitutionally wrong and that this a question is asked about a person’s

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ability to speak Welsh. This information 4. What implications would this have accept that this is a reason to justify not is therefore already available. on trials in Wales? implementing this change. There’s no basis either to the claim 5. What would be the best options in My friend and colleague Hywel that this will cost more money. Indeed, terms of summoning juries? Williams, MP for Caernarfon, has also if translation services aren’t needed, then No obstacles are presented to any of the been campaigning on this issue and hundreds of pounds in savings could be above questions. Indeed, in terms of prepared a Private Members Bill which made daily. practicality and fairness, it’s fair to say makes the necessary change to the Juries We also hear the argument that even that translations are never as good as the Act of 1974. It has cross-bench support, though there might be enough Welsh original. Further, there is a possibility of and we hope it will be selected for speakers in Gwynedd and west Wales, unfairness and even injustice. There are consideration during the next what about Cardiff and Newport? The nuances in a language and everyone parliamentary session. It is certainly long answer to this is that there are almost as knows when leading evidence or cross- overdue and it undermines the excellent many Welsh Speakers in the old County examining that one sentence, indeed one work being done on the Circuit to of Glamorgan as in the rest of Wales. word, can make all the difference. It could promote the use of the Welsh language in So, to mimic the Judges of the Appeal mean winning or losing a case. Consider County and Crown Courts. By making Courts, “what are their best points?” when a defendant gives evidence and that this simple change no one is intending The truth is that there are no such good evidence is then translated. Of course, the that every case should be conducted points. A consultation paper by the Office standard of translation has improved but through the medium of the Welsh of the Criminal Justice was published in it still isn’t perfect. language except where a defendant so December 2005. In it, five questions are Many of us feel by now that it is high wishes it should happen. posed that should be considered in time to rectify this situation. The Language The time has surely come to right relation to Welsh language juries: Act of 1993 was supposed to give equal this ancient wrong so that the two main status to both Welsh and English. The languages of Wales are treated on the 1. Is there a justification for them current inability to provide Welsh Juries basis of equality in principle? completely undermines that principle. 2. Are they in line with the principle One tends to think that some oppose of ‘random selection’? this proposal because, perhaps, they aren’t 3. How would the right to demand fluent or proficient enough in the language having a Welsh language Jury be to hold trials through the medium of Elfyn Llwyd is Plaid Cymru MP implemented? Welsh. With the greatest respect, I cannot for Meirionnydd.

Forthcoming events

Devolution Decade Relations in these Islands How Well is NHS Wales Monday 20 April 2009 Thursday 23 April 2009 tackling cancer, heart disease, Royal Hotel Hotel, Cardiff Rt Hon Peter Robinson MLA, MRSA and c. Difficile? First Minister, Northern Ireland IWA/Academy Health Wales Keynote speakers: 6.45pm Lecture at Cardiff Law School, conference Dame Gillian Morgan, Permanent Museum Avenue, Thursday 7 May Secretary, Welsh Assembly followed by dinner at Aberdare Hall Novotel, Cardiff Government, Professor Kevin Morgan, Cardiff University, and Keynote speakers: Professor Malcolm Dr Richard Wyn Jones, Wales Mason, Cancer Research Wales; Governance Centre Dr Phil Thomas, Director of Cardiac Services Wales; and Dr Eleri Davies, Director of Welsh Healthcare Access www.iwa.org.uk Associated Infection programme. and click on Events for more details

44 | www.iwa.org.uk The scalloper Albion , David Symes and Jeremy Phillipson photographed in Cardigan Bay. describe how the Assembly Government is centralising control over our inshore waters

Ocean Fiefdom The Assembly Government is growing in importance, especially in By the early years of the 20th century proposing a top-down centralised Britain. Reliable estimates for revenues two very different approaches to inshore solution to the management of derived from inshore waters are hard to fisheries management had emerged in Wales’s inshore coastal waters by come by, but it would be reasonable to Britain. Under the provisions of the putting itself directly in charge of assume that 60 per cent or more of the Sea Fisheries Regulation Act 1888, them from April 2010. This is a £10.6m of landings into Welsh ports responsibility in England and Wales had striking divergence from the more in 2007 were taken in inshore waters. been devolved to local Sea Fisheries decentralised approaches being These waters also play host to valuable Committees, one of the earliest examples established in both England and marine habitats, dynamic ecological of co-management between local Scotland. The danger is that the new communities and some charismatic government and the fishing industry. system will lose transparency and, mammal, bird and fish species. Large Seats on these committees were shared equally important, the direct input parts of the inshore waters around Wales equally between local authority councillors of local fishing and conservation are already designated marine Special and representatives of the fishing industry, organisations around the Welsh coast. Areas of Conservation under the EU's with seats later allocated to the Consultations on the changes in the Natura 2000 programme. Environment Agency and a representative UK Government’s Marine Bill during Inshore fisheries are coming under of a local conservation organisation. 2008 made clear the Assembly increasing pressure not only as a result of In Wales the geographical Government's ambition to have direct reduced fishing opportunities offshore and arrangements were rather untidy. Two dominion over a Welsh fisheries zone. restrictions on fishing activity in designated Committees shared the supervision of Given the way in which the area of areas, but also from the growth of Welsh inshore waters: one in south ocean it will control will be compressed recreational fishing and the licensing of Wales, established in 1890 with an office by the median lines in the Irish and activities such as renewable energy and in Swansea, covering an area from the Celtic Seas, the Welsh fisheries zone aggregate dredging. Inshore waters require Severn Estuary to Cemaes Head in north would be a small and rather empty sensitive management. The purpose of the Pembrokeshire; and the more spatially fiefdom were it not for the highly Marine Bill, now being finalised across cumbersome North Western and North productive inshore waters. Britain, is to provide an appropriate Wales Committee, based in Lancaster, While there are few signs of an framework, with inshore fisheries stretching from Cemaes Head to immediate and substantial improvement management forming a cornerstone. Haverigg Point in Cumbria. The latter in the fortunes of Europe's offshore However, what is happening in Wales was formed as the result of the merging fisheries, inshore fishing activity is is out of kilter with the rest of Britain. of the Lancashire and Western Sea

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Fisheries Districts in 1900. action was needed to modernise inshore of the more complex authorities and is Sea Fisheries Committees have access fisheries management. likely to be moderated. A third of the to two basic instruments for regulating the In the event it was Scotland that took seats would be held by local authority fisheries within their districts. The more the lead. The Executive's 2005 Strategic representatives, one seat each for the common is the byelaw used, for example, Review of Inshore Fisheries Management in Marine Management Organisation, to limit the size of vessel, impose Scotland proposed the establishment of Natural England or Countryside Council minimum landing sizes and restrict the voluntary, non-statutory advisory Inshore for Wales, and the Environment Agency, use of certain fishing gears. Secondly, in Fishing Groups tasked with developing with the remainder allocated to the case of the highly prized shellfish management plans for their districts. appointed members “acquainted with beds, Fishery Orders may be deployed A feature of the proposal was the the needs and opinions of the fishing to limit the public right of fishing and separation of stakeholder representation community … and with knowledge of, develop comprehensive management between the executive committee or expertise in, marine environmental schemes, as with the renowned Burry (commercial fishing interests) and the matters”. When the final configuration Inlet cockle fishery in Carmarthen Bay, advisory committee (other stakeholders). of Inshore Fisheries and Conservation or to allow leasing of small allotments to Legislative responsibility would remain Authorities’ districts is announced later individual gatherers for the cultivation of with the Scottish government to whom in 2009, some rationalisation of the shellfish, as in the Menai Strait oyster and the Inshore Fishing Groups would be twelve existing Sea Fisheries Committees mussel fishery. The Committees have their own enforcement capabilities both on land and at sea, and over the years have built up a considerable scientific knowledge of the local fisheries. In marked contrast, Scottish inshore fisheries were subject to a simpler and more reactive management approach, with responsibility remaining in the hands of the central administration. Under the Inshore Fishing (Scotland) Act 1984, the Minister is granted powers to restrict fishing activity within a six mile zone. A triennial review canvasses proposals for amendments to the regulatory system from local fishermen's The Three Rivers Cockle Fishery at Llanstephan, Carmarthenshire. associations. In almost all instances the amendments are concerned with accountable. Six of a possible twelve districts is expected. resolving inevitable and somewhat Groups are expected to be in operation It had been widely assumed that acrimonious local disputes between static by June 2009. the reconfiguration of Sea Fisheries and mobile gear fishermen, rather than Outline proposals for reform of the Committees’ districts would result in with the conservation of the fisheries. system in England and Wales were the creation of an all-Wales district, more By the start of the present century contained in the draft Marine and Coastal in keeping with the Welsh devolution both systems were palpably suffering Access Bill, 2008. Although most of the settlement. Neither was the Assembly fatigue and struggling to cope with details remain to be finalised, the key Government's decision in October 2008 the additional duties of environmental action is to replace Sea Fisheries to break ranks with England over the responsibility placed on them by the Committees with Inshore Fisheries future governance of inshore fisheries, Environment Act, 1995 and the and Conservation Authorities. Important by taking full responsibility for their Conservation (Natural Habitats etc) changes to the constitution, powers management in Welsh waters from 2010, Regulation, 2000. In England and Wales, and funding of the new authorities a complete surprise. Tensions between it was becoming clear that the century are anticipated. some local authorities and the Sea old system was no longer fit for purpose. The draft Bill intimated that the Fisheries Committees, especially in south Sea Fisheries Committees were Inshore Fisheries and Conservation Wales and largely over funding, had struggling to apply good management Authorities' executive committees would been simmering for a number of years. practice under the constraints of be limited to 21 seats, though this figure Overall, the systems of inshore inadequate funding. Throughout Britain seems unreasonably restrictive for some fisheries management in Britain have

46 | www.iwa.org.uk been further diversified. What had been Conservation Authority with revised stakeholders from the decision making, a simple dichotomy between proactive powers answerable directly to the relegates them to an advisory role, devolved management in England and Welsh Assembly Government. Instead, and places less onus on them to take Wales and reactive centralised it offered a modernisation of Sea responsibility for good management. management in Scotland is now much Fisheries Committees or a transfer Also, to counter risks of expert advice altered. Scotland has moved closer to a of responsibility for inshore fisheries being dissipated by a lack of suitably co-management model but on an informal management to the Environment Agency qualified and experienced personnel in basis. England has remained faithful to the as the only alternatives. the new Fisheries Unit based in co-management approach though with a In reaching its verdict, the Assembly Aberystwyth, the Assembly Government system better able to satisfy the demands Government ignored the weight of must hope to retain most of the highly for integrated management. Meanwhile, in evidence provided by the 68 respondents. skilled officers and support staff from the Wales there has been a remarkable retreat A significant majority rejected the 'in disbanded Sea Fisheries Committees. from the co-management principle and house' solution. Only one 'constituency' – Much will depend on how the the adoption of centralised management. local authorities – were strongly in favour. advisory body is constituted and its remit The reasons for this move are not all that Fishing interests were more evenly defined. The Assembly Government easy to understand. divided, with the new Welsh Federation could decide to reproduce the What possessed the Assembly of Fishermen's Associations failing an membership structure of the Sea Government to buck the trend, abandon important early test of its ability to lead Fisheries Committees – accommodating a century of largely successful devolved the industry by opting to sit on the fence. local authorities, fishing and marine management and opt instead to take A majority of other fishing organisations environmental interests – but without the direct responsibility for what is and individuals opposed the 'in house' powers to legislate. Or it could mimic potentially a troublesome technical option. Environmental bodies – including the constitutional arrangements proposed operation? And why, after inconclusive the Countryside Council for Wales, for the Scottish Inshore Fishing Groups, discussions with the Sea Fisheries WWF, the RSPB and the Government's strengthening the hands of the Committees, did the Assembly own advisory body on coastal matters, commercial fishing industry in the Government pre-empt the outcome by the Wales Coastal and Maritime advisory function. In which case, it will embarking on an inadequate and ill- Partnership – all with experience of be interesting to see how the Assembly timed public consultation designed to working alongside Sea Fisheries Government manages the discourse achieve only one end? Committees on marine environmental between fishing and environmental Was it for pragmatic reasons rooted in issues, came out strongly against interests in framing its policy decisions. the alleged reluctance of some local dismantling the devolved model. There is no reason to suppose that authorities to engage with the proposed The concern now is how the new the new system will be any more or less Inshore Fisheries and Conservation system will work after April 2010. successful than its predecessor or the Authorities for financial reasons? Was Questions remain to be answered on alternative systems being adopted elsewhere it because the Assembly Government stakeholder involvement, adequate in Britain. However, the Assembly considered this model in some way funding, new legislation and the Government is taking considerable risks unsuited to the Welsh case? Or were there provision of appropriate regulatory in attempting to build a new system of deeper, undeclared political reasons? instruments. No detail has so far cost-effective centralised management more Certainly, the Assembly Government has emerged on any of these issues. All we or less from scratch. The modern world a track record of bringing some of its have are familiar phrases of good intent is littered with examples of centralised agencies within the fold – the so-called and promises that all will be taken care management systems that fail to recognise ‘bonfire of the Quangos’ which saw the of in framing the Marine Bill. These do the role of traditional local institutions or abolition of the WDA, ELWa and the little to reassure the industry. the value of devolving management Wales Tourist Board. However, in the Whatever form inshore fisheries responsibilities. Rediscovering the essential case of inshore fisheries it is hard to see management might take, its success will chemistry between local inshore fishermen where the political advantage might lie. depend on capturing and utilising 'local and the managers that helped to deliver The very nature of the public ecological knowledge' acquired through a widely respected and largely successful consultation lends support to the years of practical experience in fishing. This system of inshore management in Wales notion of a political fait accompli. The is why stakeholder representation and the may prove elusive consultation document loaded the channels that feed advice into the decision argument in favour of the 'in house' making process are such crucial issues. David Symes is Reader Emeritus in the option. It conspicuously failed to It will not be easy to replicate University of Hull and Jeremy Phillipson include the most logical alternative of the achievements of Sea Fisheries is a member of the Centre for Rural a single Welsh Inshore Fisheries and Committees in a system that distances Economy at Newcastle University.

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Tackling Plant Blindness Kevin Lamb examines the National Botanic Garden’s role in saving threatened Welsh plant species

Do the people of Wales really need a We shouldn’t expect others to look original plants cling on to the wind- National Botanic Garden? It is a fair after our plants. The botanic garden in swept limestone crags. With so few question and one that I get asked on Dublin focuses on Irish species, the plants left and such scant genetic a regular basis. You could substitute Royal Botanic Garden in Edinburgh diversity it is vital that representatives the Botanic Garden for ‘National’ looks after Scottish plants. Should Wales of all six individuals are grown in Museum, Library, Gallery, Theatre, leave it to the likes of Kew Gardens to cultivation to provide a safety net or any other national institution. care about Welsh plants? I would say no. against extinction. In order to do this, On one level a botanic garden is We have a responsibility to care for our horticulture teams from the Garden simply a statement of nationhood, own. That is not to say we shouldn’t carefully air-layered each of the plants to one of those things that all nations collaborate, and we do, for the nations of enable ‘new’ plants to be grown. We also have. The coalition government in the British Isles share many of the same have some research to carry out on this the Assembly recognises the species. However, some are endemic. species. At the moment very few of the importance of such things when it That is to say, they exist in Wales and plants produce berries in the wild and no talks of ‘national institutions’ as part nowhere else. natural regeneration has been observed. of the One Wales agenda. The National Botanic Garden of We need to find out more about the On a deeper level there are very solid Wales is working on a number of ecology of this species to see why it is arguments as to why a botanic garden is threatened Welsh species. One, wild not reproducing successfully. a vital component of any nation. A key cotoneaster (Cotoneaster cambricus) is very Another plant, Spreading bellflower role of botanic gardens is to help rare indeed. The only site in the world (Campanula patula), a rare plant found in conserve the world’s amazing diversity of for this plant is the Great Orme the wild in sunken lanes and woodland plant species, and plants most definitely at Llandudno in Gwynedd, where six tracks of the Welsh borders, is need our help. It is estimated that up to 100,000 plants, representing more than one third of the world's plant species, are currently threatened or face extinction in the wild. Botanic gardens can help to protect plants from all around the world but a key priority must always be with the plants in our own country. So are plants in Wales doing any better than in the rest of the world? Well, of the 1,467 species found in Wales, three per cent have already become extinct, 18 per cent are threatened with extinction, six per cent are near to being threatened and for three per cent we simply do not have enough information to judge at the moment. With 30 per The rare Spreading bellflower cent under threat, Welsh plant species (Campanula patula) found on the Welsh certainly need our help. borders is a critically endangered species.

48 | www.iwa.org.uk endangered in the UK and critically endangered in Wales. Very little is known about its ecology, and without this information we cannot conserve it. The Garden is starting to fill in some of the gaps in our knowledge of this species. Already this work has enabled the identification of key habitat areas that will now be protected to conserve this species. Another endemic species is Ley’s Whitebeam (Sorbus leyana). This critically endangered tree is found only on two Left: This critically endangered tree, Ley’s cliff faces in the Brecon Beacons with Whitebeam (Sorbus leyana) just 17 trees in total. The Garden has is only found on two cliff faces in the Brecon Beacons. successfully propagated this tree so that Now there are more growing today there are more in the Garden than in the Botanic Garden than in the wild. there are in the wild. It is hoped that by Below: Wales’s rarest plant, understanding the origins of the species, the wild cotoneaser what it needs to grow and why it is (Cononeaster cambricus), only found on the Great Orme at currently so restricted in the wild, we will Llandudno where just six one day be able to reintroduce plants to plants survive. the wild from the specimens grown in the National Botanic Garden. But why bother? Why should we be worried if a few plants go extinct? After all who’s ever heard of Ley’s Whitebeam, let alone cares whether it survives? I believe we have a moral imperative. These species are truly Welsh. If we let them become extinct we lose something unique to the nation. Surely it is our duty to do all we can to prevent their loss? We should celebrate their existence not ignore it. We must also recognise that our lives are inextricably linked to plants. Most of us suffer from ‘plant blindness’, a condition where we look at the landscape and see the buildings, livestock, and the ever-increasing presence of human intervention. The plants are just so much set dressing. We all need to understand the fundamental importance of plants in our lives. They provide the vast majority of our food and medicine. We build with them, and clothe ourselves in them. Plants maintain our climate and are the best indicators of when it is going wrong – they’ll also be the best way of solving climate change. How many of us realise that 25 per cent of all modern medicines are derived from plants, and 75 per cent if you live

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climate change will have begun to make real alterations to temperature, precipitation and seasonality. The ability to study these trees as they establish themselves could provide huge insights into the speed and depth of climatic change in Wales. It also demonstrates that botanic gardens need time to develop. This year Kew celebrates 250 years. In 2010, the National Botanic Garden of Wales celebrates a mere 10 years. A botanic garden also needs to be a centre for education, both formal and informal. It is absolutely vital that today’s young people are aware of, understand and appreciate the importance of plants to their lives and to the health of the planet as a whole. The Garden welcomes 20,000 learners every year, from primary school children to mature students. In addition we operate a policy of ‘stealth learning’ aimed at all our visitors. Each and every visitor to the Garden should leave with a little more knowledge and understanding than when they arrived – even if they don’t necessarily realise it at the time. Conserving plants in the wild has been enormously enhanced Of course, a major role for a modern by the designation on 450 acres of the Botanic Garden as the Waun Las Nature Reserve, with 12,000 species. botanic garden is to be a first class visitor attraction. This is vital for us for in the developing world? Or that plants combines ex-situ work, that is work in one principal reason. Unlike the gardens still provide one of the richest seams of the laboratory and in the cultivating of of England, Scotland or Ireland (or medical research? The rosy periwinkle ‘captive’ collections, and in-situ work, indeed virtually every country) the (Catharanthus roseus), a perennial plant which conserves plants in the wild. The Garden in Wales doesn’t receive the from Madagascar, is now the primary latter has been enormously enhanced majority of its funding from the state. source for drugs treating childhood by the designation of 450 acres of the So it has to attract visitors simply to leukemia. Yet Madagascar is losing its National Botanic Garden as the Waun make financial ends meet. plants at an alarming rate. One can only Las National Nature Reserve. The As importantly, and in a way that guess how many vital medical 12,000 plants in the living collection at will never alter, there is little point breakthroughs will never happen because the Garden make it one of the biggest in conserving plants, maintaining living the plants have been lost before we’ve in the UK. collections or undertaking scientific had a chance to research them. Closer Our work isn’t solely focused on research if there is no audience with to home the natural plant alkaloid conservation. It also incorporates such which to engage. It is our visitors who galanthamine is being extracted from diverse areas of endeavour as climate provide this audience. daffodils in the Brecon Beacons to change, sustainable living, food research, We are a young institution, very provide treatment for sufferers of medical research, energy production, and young in the world of botanic gardens. Alzheimer’s disease. general well being. By way of illustration, Yet we are rapidly establishing ourselves The role of a modern botanic garden the Garden is currently planting out a as a key part of conservation, education, is therefore many fold. It is a centre for phytogeographic collection of trees, species public engagement and tourism in Wales conservation research to help protect from different areas of the world that share endangered and threatened species. a similar climate to south west Wales. In Wales we have the good fortune to This collection will take up to 50 Kevin Lamb is Director of the National have a National Botanic Garden that years to reach maturity during which time Botanic Garden of Wales.

50 | www.iwa.org.uk Turning the Tide Roger Falconer assesses the environmental impact of the proposed Severn Barrage

With the projected Severn Barrage The model predictions also show now short-listed by the Department that there would be reduced peak water of Energy and Climate Change for elevations, both upstream and further study, it is worth examining downstream of a barrage, thereby the emerging evidence about its reducing flood risk. A barrage would also environmental impact. At Cardiff “According to the Government offer considerable opportunities for University’s Hydro-environmental it would cost around £21 mitigating sea level rise in the future. Research Centre we have developed a billion, which is in line with The proposed barrage would stretch sophisticated set of computer modelling the costs estimated by the from Lavernock Point south of Cardiff, tools to predict tidal currents and levels, Severn Tidal Power Group, a to Brean Down south of Weston-Super- sediment and mud transport, and water Mare - see Figure 1. It would be 16 quality changes that would occur in the consortium of contractors.” kilometres long, generate five per cent of Severn Estuary if a barrage was built. the UK’s current electricity needs, save There is no doubt that there would particular, there would be a general more than a million tonnes of carbon be a number of adverse environmental reduction in the tidal currents, leading to emissions a year, and could provide new and ecological impacts, for example a significant reduction in the suspended road or rail connections across the on fish migration and bird habitats, sediments and turbidity levels, clearer estuary. According to the Government it especially upstream of the barrage. water, a corresponding increase in the would cost around £21 billion, which is However, the model studies also show light penetration levels, increased in line with the costs estimated by the that there would be a number of positive biological decay and reduced effluent Severn Tidal Power Group, a hydro-environmental benefits. In levels in the water. consortium of contractors.

Figure 1: Artist’s impression of a Severn Barrage from Cardiff to Weston

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Key findings from the Hydro- Figure 2: Predicted maximum tidal elevations along estuary environmental Research Centre’s study of the environmental impact of a Barrage are as follows:

1. The peak tidal elevations are shown in Figure 2, with the predicted peak levels being reduced both upstream and downstream of a barrage. This is to be expected from the considerable increase in the resistance to the flow upstream of a barrage and due to the reduced natural frequency of the estuary seawards of a barrage. Thus the results show that a barrage would a) Without barrage b) With barrage tend to reduce flood risk, both upstream and downstream. Figure 3: Predicted maximum tidal currents along estuary 2. The peak tidal currents are shown in Figure 3, with the peak currents exceeding two metres over much of the main channel from a transect seawards of Minehead to Aberthaw to well upstream of the old Severn Bridge. Figure 3 (b) shows that if the barrage were to be built, then the region identified within the red domain would no longer be suitable for tidal stream turbines.

3. Figure 4 shows a plot of the Severn a) Without barrage b) With barrage Estuary which identifies clearly the region of high turbidity and high suspended sediments stretching from beyond Barry to Minehead on the concentrations in suspension would be Mersey and Humber. The significant seaward side and well upstream of the reduced significantly, to a peak level of reduction in the suspended sediment old Severn Bridge on the landwards around 200 milligrams per litre, as loads would also lead to increased decay side of a barrage. shown in Figure 5. This significant rates, which means that any effluents reduction in the suspended sediment discharging into the estuary under storm Anyone crossing the Severn Bridge levels would mean that the water would conditions, from sources such as sheep or flying into Cardiff Airport will only become much clearer. waste, would decay much more rapidly be too well aware of the high turbidity There would be a corresponding than under current conditions. levels (or mud) in the estuary. These significant increase in the light The current proposal is to operate high levels of mud in suspension (with penetration through the water column the barrage to generate electricity only concentrations in excess of 1,200 which, in turn, would lead to increased during the ebb tide. This means that the milligrams per litre) are caused by the dissolved oxygen levels and a changed incoming tide would pass through the high tidal currents in the region. If a and more productive ecosystem. It is also open sluice gates, filling the Severn barrage were to be built from Cardiff worth noting that the upstream tidal estuary basin upstream, as at present. At to Weston, then the currents would be range would still be high by UK and high tide the sluice gates and turbines reduced, except in the immediate locality international standards, with a seven would be closed. About two-and-a-half of the sluice gates and the turbine sites, metre range being larger than most major hours later the turbines would be opened and the corresponding sediment UK estuaries, such as the Thames, and electricity generated over the next

52 | www.iwa.org.uk Figure 4: Evidence of high suspended sediment levels in the estuary

some of the bird populations have reduced markedly over the past 20 years. For example, according to RSPB figures Dunlin populations have dropped from 41,683 in 1988-93 to 23,312 in 2000- 05. With such marked changes occurring in bird populations over such a short “If we’re going to do something about these threats then we’re going to have to do something very bold in the UK…”

time scale, it is clear that considerable changes are occurring in the estuary Figure 5: Predicted sediment levels in suspension for a spring tide without a barrage. Meeting the EU Habitats Directive by producing compensatory habitats will be a major challenge to enable the barrage to proceed. Against this, the compensatory habitats project for the Cardiff Bay barrage has been successful. In a recent edition of the BBC Wales current affairs programme Week In Week Out Jonathan Porritt, Chairman of the Sustainable Development Commission, declared, “My colleagues in the environmental movement don’t seem to understand the scale and threat of climate change. For me that takes a) Without barrage b) With barrage priority over everything else. If we’re going to do something about these five hours until the water levels equate to recharge car batteries. threats then we are going to have to do either side of the barrage. This proposed operation of the something very bold in the UK and for Alternative operating conditions may barrage means that, upstream of the me one of those things is to get the be adopted, such as two-way generation. barrage, low water would typically be Severn Barrage built”. On the basis of Thus far the Severn Tidal Power Group seven metres higher than at present our research findings I am inclined to has proposed operating the structure in for the very largest of spring tides. agree with this conclusion ebb-tide generation mode only. As a According to the Sustainable result one of the main objections Development Commission report frequently raised about a barrage is that Turning the Tide, this would equate to an Roger Falconer is Halcrow Professor it will only produce power for eight to estimated habitat loss of 14,500 hectares. of Water Management at the School of ten hours per day and half of that supply Thus, if a barrage were built then Engineering, Cardiff University, and a is likely to be at night. At present this roughly half of the inter-tidal mudflats Fellow of the Royal Academy of would undoubtedly be a disadvantage. would be lost, with this being the half Engineering. He is a Welsh Assembly However, by the time a barrage is towards low tide. Government appointee on the operational we will be mainly using There would still be a substantial Environment Agency’s Wales Flood Risk electric cars and we shall have all the area of inter-tidal mudflats for birds, Management Committee and a member benefits of smart technology, with price compared to many other comparable of the Government’s Expert Panel for the incentives, to use this electricity at night UK estuaries. It is also worth noting that Severn Tidal Power Development studies.

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individual children in the Valleys will be escorted everywhere, whilst some in the Kids city will be allowed to walk to school alone. The children in north Wales, who travel some distance to school, will have Today friends spread over a much wider geographical area than those attending Sally Holland finds reasons school down the road. And of course it is to be cheerful in a new IWA not just parents’ decisions that will affect report on how we are bringing up children’s experiences. Factors such as our children poverty, housing, disability, religion and culture all lead to varied experiences. Focus groups, organised by the IWA In the sociology of childhoods there during late 2008 provide an accessible is an emphasis on children’s ‘agency’, and vivid snap-shot of the opinions of that is, that children can act and make some children, parents and grandparents choices. They are not just passive in contrasting locations in contemporary recipients of adult behaviours. In this Wales. The BBC commissioned What are report we can see examples of children we doing to our kids? from the IWA as expressing their views quite clearly and background to a series of programmes it parents commenting on how good it is broadcast during March 2009, aimed at that they are more confident to speak up they organise their lives today, with generating a national debate. It is not a and speak out than earlier generations some feeling pressurised to work long full research study. However, the themes were. We can also see examples of hours and as a result seeing too little that emerge from the groups’ discussions children’s ability to act and think for of their children. are strikingly resonant with larger themselves being constrained by adults’ Some concerns were expressed by research studies and current debates in agendas, for example by having their participants of all ages in this report. childhood studies. out of school time more structured and There were worries about children’s The participants in the focus groups, supervised by adults. safety outside the home, about parents’ held in primary schools in inner city Much has been written about our long working hours and about the Cardiff, in the Valleys, and in a Welsh- increasingly individualised society, with transition to secondary school. On the medium school in a mixed urban and each of us pursuing our own life goals other hand, there were many positives. rural area in north-east Wales, raise issues alongside more movement between jobs, Despite media panics about ‘couch that strike chords with many of the key between communities and even between potato children’, these children do play debates in the social sciences today. partners. Some see these as contributing outside and want to do so more. We Of course, we need to be careful not to a decline of the family. Others see may be living in a more individualised to talk about ‘children today’ as if they societal changes as potentially bringing society, but many of these children have are all the same and all have the same better ways of living, with more freedom the experience of extended family experiences. Childhoods are very diverse, to pursue different ways of ‘doing’ involved in their care, and parents do not just between, say, India and Wales, family life. Much research in the UK want to be spending more quality time but from community to community, and suggests that many (but not all) families with their children, not just pursuing within communities too. In this report are becoming more democratic, with material goals. Children are thought to we can see how the local environment parents and children discussing things be more confident and the older has the potential to strongly affect more and more equality between adult generations thought it was good that children’s everyday experiences. partners. This more democratic way of things are more informal now. We can see that at least some communicating with children is reflected So, what changes do we need to children in the Valleys and rural areas in the focus groups in this study, with make to society to build on these still go up the mountain or call for adults commenting that children have positives? One of the strongest themes friends to play. In the city, primary more of a say in families and in schools. coming out of the focus groups was that, school children are perhaps more But the parents and grandparents also although many children do still play supervised due to traffic concerns. Some express some ambivalence about how outside, they do not have the freedom

54 | www.iwa.org.uk that their parents and grandparents did. Safe routes to school so that children can walk and cycle by themselves, ‘home zones’ where pedestrians take priority on residential streets and a reduction in speed limits are the sort of measures that would ease some parental (and child) worries. Social policies that make flexible Trailblazers working the norm for both fathers and mothers, and a change to how we talk Nigel Thomas reports on an for Wales Act came into force in August and think about children’s care so that it evaluation of the role of the 2001. These dual origins are perhaps is seen as equally a concern for fathers Children’s Commissioner for Wales reflected in the expectations which people as for mothers might help reduce some have of the Commissioner. Some look for of the anxieties and burden that women When the decision was first taken to a wide-ranging public advocacy for create a Children’s Commissioner for children and young people, while others “Childhoods are very Wales, the immediate impetus was have expected the first priority to be the Waterhouse report into abuse in safeguarding the rights of children and diverse, not just children’s homes. So the provisions young people in care, or leaving care. between, say India in the Care Standards Act 2000 to A wide range of powerful, sometimes and Wales, but from establish the post were primarily conflicting, expectations have provided focused on the needs of children in a constant backdrop to the Children’s community to various forms of out-of-home care. Commissioner’s first eight years. community, and within However, the background impetus Particularly forceful have been the was the long running campaign for a expectations of policy makers and communities too.” Commissioner who would promote the professionals working with children and rights of all children. Soon afterwards, young people, and to a lesser extent therefore, the Children’s Commissioner those of parents and other adults. When for Wales Act 2001 extended the powers we planned the evaluation of the office feel. The debate should not be about and duties to encompass all children and with Peter Clarke, we were determined whether women should work or not, but young people and all devolved matters that it should also reflect the expectations how whole families can be enabled to (with more limited powers in relation to and perceptions of children and young spend enough time together whilst still non-devolved matters). people. Peter himself was particularly having an adequate income for their needs. The stark differences in maternity and paternity leave are a clear reminder that as a society we do not expect fathers to be too involved in children’s care. Lastly, in Wales we have made great strides in encouraging children’s participation in society, from school councils to Funky Dragon. The adults in this focus group did not think that the children in their lives are disrespectful in speaking out more and being informal with adults. If we can continue to give children good experiences in playing a part in how decisions are made, then we are role modelling respect, care and how The late Peter Clarke, the first Children’s Commissioner, established the post in early 2000. Given the challenges to listen to others. We may learn he faced, establishing the office to become a permanent part of the Welsh scene was an impressive achievement. something from them too Peter Clarke, the first Commissioner, keen that young people should participate Sally Holland is a Senior Lecturer spent his first six months in office with in the research as fully as possible. in the School of Social Sciences at only the Care Standards Act powers and The evaluation, which ran from 2005 Cardiff University. duties, before the Children’s Commissioner to 2008, was directed by a group of

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children and young people working with The methods we used had to be cent said that they had heard of the professional researchers. The young people straightforward enough to be understood Commissioner, falling to 8 per cent were aged from 12 to 20 when the project and ‘owned’ by every member of the in the second year. began, and came from organisations across group, and practical enough to be On the other hand, 60 per cent south Wales. There was some early input completed with the limited resources were aware that children had rights, and gave examples which showed an understanding of what this means - “Asked whether the Commissioner had lived up the main categories were health and to those expectations, five responded positively, wellbeing, education, speaking and being heard, freedom and respect, not three negatively and four were mixed.” being hurt, play, fun and friends. Moreover, 30 per cent said they had heard of the United Nations Convention on the Rights of the Child. This contrasts with Funky Dragon’s research for the United Nations Committee on from young people in north Wales, which available to us. We decided early on to the Rights of the Child, in which only unfortunately we lacked the resources to observe the Commissioner’s team at 8 per cent answered yes to ‘Has the sustain. Most of the young people work, and to undertake a large-scale UNRC ever been explained in your remained with the project throughout, survey of children and young people to school?’ We found that 12 per cent and took an active part in planning the find out how much they knew about the had heard of it in school, others from research, designing the methods and Commissioner and more generally about television, the press, internet, friends, instruments, producing and analysing their rights. family, youth groups and libraries. data, and preparing and presenting the We interviewed 67 ‘stakeholders’ – The ‘stakeholders’ we interviewed final report. The eventual product reflects people whose professional activity may saw the Commissioner as an advocate, this process, and the final report contains be affected by the Commissioner’s work a champion or a voice for children and the individual voices of the young people – and 13 ‘key players’ who were young people. They generally thought who took part, as well as their collective involved in the decision to appoint the there had been some improvements for contributions to the research. Commissioner or who had particular children and young people in Wales as a The questions we asked were drawn expertise in relation to his work. We read result of the Commissioner’s work. Most from the Commissioner’s duties as set and analysed policy and consultation thought the team were determined in out in legislation, coloured by the young documents, and talked to the following up on issues, but that other people’s perceptions of what was most Commissioner’s staff. We originally organisations were not good at acting on important. We asked ourselves ‘what planned to examine the work of the the Commissioner’s recommendations. would we expect to find if the advice and support service, but it was Many respondents were themselves Commissioner was carrying out these not possible to establish an agreed unclear about the Commissioner’s role, duties successfully, and where would we protocol for this work. or felt they did not know enough about look for the information?’ We distilled The survey was conducted with a the work. Some thought that the the results of this into five key questions: structured sample of 7-16 year olds in Commissioner had not paid enough 62 school classes in eight local authority attention to the needs of looked after • How well does the Commissioner’s office areas across Wales in the autumn of children, and many thought the office engage with children and young people? 2006, and repeated with the same classes were taking on too many cases for • How much do children and young people in the following year. In total 1,373 advice and support – in effect know about the Commissioner? questionnaires were returned in the first duplicating other advocacy services. • What impact is the Commissioner having year, and 1,155 in the second year. The In the absence of an agreement for on policy and services for children and results showed that children and young studying the work of the advice and young people in Wales? people’s awareness of the Children’s support service, we were reliant on figures • How effective is the advice and Commissioner was pretty low. Only 4 published in the Commissioner’s annual support service? per cent recognised the Commissioner’s reports and comments made in interviews. • Has the Commissioner lived up logo - compared with 7 per for Save the The figures show a steady increase in to expectations? Children, 42 per cent for Childline, and referrals, from around 100 a year in the 97 per cent for McDonalds. Only 13 per early years of the Office to around 500

56 | www.iwa.org.uk a year more recently. The majority of the research and accepted most of them and then by the Clywch Inquiry referrals come from parents, and very in principle. They included: (published in July 2004 into accusations few from children and young people. of abuse by a drama teacher at Ysgol Our analysis of the policy work • An action plan to tackle low levels of Gyfun Rhydfelen over a period of showed a number of examples of issues awareness of the Commissioner among years), and the later years by his illness where the Commissioner’s intervention children and young people (to involve and death. In these circumstances it is had made a discernable impact, but other Government and the media). impressive that the Commissioner’s instances where the results of his work • A thorough review of the functions of Office has established itself as part of the can only be described as disappointing. the Commissioner and the organisation landscape, has had a definite impact in The interviews with ‘key players’ of the office. several areas of public policy, and has began by asking them about their • Continuation of the schools-based survey contributed to a higher public profile original expectations. Nine said that they and further research to evaluate the for children’s rights. expected the Children’s Commissioner impact of the Commissioner on policy. The introduction of the Children’s to be a champion for all children, while • An evaluation of the advice and support Commissioner was a substantial change three had wanted someone who would service and a review of its function to the arrangements for promoting rights give priority to looked after children. Six and purpose. and providing services for children and also said that they looked for someone young people in Wales. Its success or who would emphasise children’s voices. An organisational review and failure depends on how effectively the Asked whether the Commissioner had restructuring is now in progress. office engages with the rest of the lived up to those expectations, five As the first nation in the Isles to system, and on how well the other parts responded positively, three negatively establish a Children’s Commissioner, of the system adapt to the innovation. and four were mixed. Only two thought Wales is in a unique position. The Wales The fact that many professionals the balance was right between individual Commissioner has been the trail-blazer have a limited understanding of the case work and general advocacy, with the in a number of ways. Although all the Commissioner’s work, that those who remainder unsure or critical. Four felt nations of the British Isles now have do have a good understanding are concerned about the work being dominated by individual casework which other agencies should be providing, and that most children and young people are blissfully unaware that they have a Commissioner at all, suggest that there is still a great deal of work to be done – not only by the Commissioner’s team, but by Government and civil society too

Keith Towler took over as Children’s Commissioner during 2008. He has put in place an action plan to raise awareness of his office. Nigel Thomas is Professor of Childhood and Youth Research at the strongly that the office should be much similar posts, all are different in the University of Central Lancashire, and a more selective and strategic in its model adopted (with the English version Fellow of the IWA. He led the evaluation exercise of this function. being markedly weaker than the others). with the assistance of Mandy Cook at Keith Towler, the new Commissioner, No one should underestimate the Swansea University, Anne Crowley of took office as the evaluation reached its challenges in setting up such an office Save the Children, and Darren Bird of final stages, and reacted very positively to from scratch. Peter Clarke’s early years Funky Dragon. The report is available it. He asked for recommendations from in office were dominated by this process at www.childcom.org.uk

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we are all familiar and which now seems set to shrink even further. From a north Wales perspective, it National is also worth noting that despite Irvine’s vigorous defence, and a certain reliance on Welsh 'symbolism' to cement the Balancing Act paper's new identity, the Daily Post's role in informing the public about Assembly Government decisions is already rather Simon Roberts is worried that political paradigm. Content was (and still limited. Well before the 'amalgamation' an amalgamation of Trinity Mirror’s is, for the moment) generated in a new was first touted, Cardiff University operation will further isolate head office in Llandudno and the academics found that the Daily Post's north Wales newspaper has an entirely separate coverage of Welsh politics fell short of editorial team with an emphasis on Welsh the oft-maligned Western Mail. Indeed, News that Trinity Mirror's Media news, as well its own managing director. the Western Mail carried almost twice as Wales wing is planning a major Readership levels increased after the many items (94) about the 2004 Welsh 'reorganisation' by amalgamating relaunch, and a recent media pack felt local elections as the Daily Post, which its Welsh and north-west England able to make the somewhat hyperbolic carried 54 items about the elections over operations has inevitably heightened claim that the newspaper has "become the monitoring period. The South Wales the sense of crisis in the Welsh media part of the fabric of Welsh culture". Evening Post in Swansea carried 153. landscape. In the words of Blaenau According to editor Rob Irvine: In the light of such statistics, it could be Gwent MP Dai Davies, "Wales is "The manner of the relaunch was also argued that the relaunch was always becoming a media wasteland in which driven by the opportunity presented by relatively insubstantial, particularly with only the publicly subsidised BBC and the growing sense of a separate identity regard to Assembly politics. S4C seem secure. This is very, very in Wales – fostered by the EU and the To be fair to the Daily Post, worrying for democracy." development of the Assembly and the editorial decision-making on the Indeed it is. And for those of us Welsh Assembly Government". newspaper must be particularly in the north, the fact that there is an Editorially, there have been considerable problematic as a consequence of its uncomfortable precedent makes the news changes aimed at reflecting the post- unusually diverse audience. While it doubly distressing. The notion of shifting devolution motivations of the re-launch. is true that most local papers avoid the commercial headquarters of Media In its former incarnation, the Post was Wales from Cardiff to Liverpool is an regularly attacked for what some perceived “In its former incarnation, anachronistic echo of the pre-devolution to be its ‘anti-Welsh’ content. Certainly, it era and the still more entrenched media was clearly identified as merely a Welsh the Post was regularly deficit we associate with that time. Lest edition of a Liverpool paper. However, attacked for what some we forget, for over 140 years the Daily over the past five years, the paper has perceived as its Post was produced and largely written in been ferocious in defence of what it sees Liverpool. Much of the content was shared as its newly independent, pro-Welsh ‘anti-Welsh’ content.” between English and Welsh editions and, editorial direction. despite its status as north Wales’s biggest Given all this, how are we to take the partisan politics for commercial selling daily newspaper, specifically Welsh recent changes at Media Wales? In short, reasons, the Daily Post’s response to editorial input was limited. how bad might things now get? There devolution – as a political philosophy - However, in 2003 the newspaper has been long-standing criticism of the is complicated by its circulation area, relaunched after a major rebranding fact that Trinity Mirror, an English- which is culturally and linguistically exercise mimicking, to an extent, similar based company, owns the Western Mail, diverse. For example, at 24.9 per cent, moves in the Scottish newspaper industry Daily Post and Wales on Sunday. Might Alyn and Deeside’s turnout in the 2003 in that an explicit link with devolution they now simply pool resources? Assembly election was the lowest in was made at the outset. The relaunch Concentration of ownership has long Wales, while Ynys Mon’s 50.4 per cent was heralded as a deliberate attempt to been cited as a factor in Wales' was the highest. separate the paper from the English ‘information deficit’, contributing to that As a paper representing all of north editions and thereby reflect the new narrow range of expression with which Wales and parts of mid Wales, there is

58 | www.iwa.org.uk News conference underway at the Daily Post, with Editor Rob Irvine pictured right. arguably an editorial duty to reflect the consider themselves English. In this area that Welsh newspapers changed their views of the audience and the time- at least, an optimistic prognosis in terms approach to devolution en masse during honoured Welsh ‘problem’ of fractured, of potential civic engagement with Welsh the 1990s, the diversity of columnists multiple identities obscuring debate. In politics is difficult to make. opinion in the Daily Post has improved particular, in parts of north-east Wales Post-devolution this continuing considerably since the re-launch. the disinterest in post-devolution Welsh ambiguity of parts of north-east Wales The second change is that the news politics remains acute. However, the has received little attention. Yet it raises content has shifted away from conceiving Daily Post still outsells all the London acute raises questions about the media’s the newspapers’ ‘region’ as daily newspapers in north Wales, role and especially that of the Daily Post. encompassing north Wales together with representing around a quarter of all Is the newspaper there to inform the Merseyside, to more of a pan-Welsh newspaper sales and remains therefore ‘public sphere’ in terms of Welsh civic national outlook. At least the affairs potentially highly influential. In a political engagement, or more weakly, simply to of north Wales are treated on the context, then, the news from Media reflect the multiple identities that exist assumption that they are affected by Wales merely accentuates an already across north Wales? To a limited, but Welsh politics. The regional versus missed opportunity. Bearing in mind the pragmatic, extent it does both with national balancing act currently being oft-cited statistic that only 15 per cent reasonable success. This is why the struck by the Daily Post is an interesting of Welsh newspaper readers buy Welsh possibility of the Welsh daily newspaper reflection both of the post-devolution media products, what price now an industry’s 'amalgamation' is such a paradigm in the Welsh regional press, informed electorate? retrograde and potentially damaging step. and the particular socio-cultural issues It is interesting to note that since the For we should not be over-critical of inevitably generated by the diversity of Daily Post's relaunch in 2003, figures the Daily Post’s engagement with the north Wales audience. suggest that support for the National Assembly politics. Notwithstanding the There has been a real editorial effort Assembly has risen most rapidly among 2003 research, there is no doubt that the to relate Assembly politics to the region. those groups who were most opposed to paper has changed editorially since the At the same time there is also a distinct devolution in 1997. Even so, the eastern relaunch. It has always had a strong effort to cope with the reality of multiple fringes of Flintshire remain stubbornly emphasis on north Wales news stories, audience identities within the region. marginalised by the process, and but two things have changed. The first is At least in a small way, devolution’s damagingly estranged from Welsh that editorial preoccupations (reflected in democratic deficit suffered by some in the politics. Consider, for instance, the the leaders and columns) have become north has been countered by the Daily statistics released last year which more supportive of the Assembly – that Post's relaunch. The recent news from confirmed that Alyn and Deeside was the is to say its existence, if not necessarily Trinity Mirror holds out the worrying Welsh constituency where only 20.5 per its decisions. Columnists in the pre- prospect that this good work will be lost cent of school pupils consider their devolution Daily Post were frequently national identity to be Welsh – the lowest criticised for their conservative, anti- Simon Roberts is a senior lecturer in percentage in Wales - while 27.3 per cent devolution stance. And while it is true journalism at the university of Chester.

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Andrew Green charts a course through an ocean of digital knowledge

Surviving the Present “I don’t want to achieve immortality through my work”, said Woody Allen, “I want to achieve it through not dying”. Still, many of us persist in wanting our lives to be remembered long after we take our leave of them. For this to happen two conditions need to be met. Our achievements need to be valued by enough of our successors for posterity to distinguish them from those of millions of others. However, there is a prior condition: that any recorded memory of us must survive in the first place. In the past the chances of the records of a person surviving in purely material form were reasonable, depending on the format of the record. We know about Voteporix, the 6th Century ruler of Dyfed, because of the record he left on stone. We can read the poems of Taliesin since their texts were Top: Gloves are de rigueur when dealing with old manuscripts at the National Library. Above: Gloves are also needed when manuscripts join the digital age. committed to animal skins. We can find out about countless individual Welsh have known how to do it. But this was taken together. Knowing where to start men and women since the middle ages in the analogue world. That world is in collecting and preserving this ocean of thanks to the traces of ink and print on rapid retreat and is being replaced by knowledge is not so obvious. parchment or paper, and, since the early the world of digital knowledge. Yet the Second, much of it is ephemeral. 20th century, of their voices and permanence of that knowledge in the Digital information, as easily erased as movements on more fragile but still future is much less secure. created, tends to vanish without warning, preservable shellac, vinyl and tape. Why should this be so? First, there permanently. Sixty per cent of the It is the work of museums, archives is a great deal of it. There is more digital electronic links to documents included and libraries to collect and preserve these information publicly available today than in answers to Parliamentary Questions kinds of record, and by and large they all the publications of the pre-digital era between 1997 and 2006 are broken.

60 | www.iwa.org.uk Important web coverage of world events that, on their own, print publications were copies of analogue originals. Most were has been lost forever because no one no longer an adequate reflection of this created to give wider or enhanced access thought to capture it for the future. output. Legal deposit had to be extended to the public. Others were substitutes for The same is true of unpublished to digital publications, in the shape of a obsolete or endangered originals. As this information. Early drafts of a poet’s private member’s bill passed successfully store grows it will become an essential work, if on paper, are often retained into law as the Legal Deposit Libraries safe repository for all kinds of digital and preserved, but considerable care is Act 2003. knowledge, and the first stage in ensuring needed to keep and store drafts in digital Since then the legal deposit libraries that such knowledge will be available in form, rather than simply ‘writing over’ have been working with publishers and usable form to future readers. early versions. the Westminster government to The Library’s National Screen and And third, the manifestations of implement the Act. It looks likely that Sound Archive of Wales is also using a digital information are prone to rapid the first Regulation to be passed will digital store to keep both radio and obsolescence. In the case of hardware allow the legal deposit libraries to collect, television programmes from Wales it the classic example is the BBC’s 1986 by regular automatic harvesting, those records off-air and also digital copies Doomesday videodiscs: by 2002 the data publications that are freely available on of programmes it previously recorded on them was readable only through an the Web. What this will mean for Wales on analogue tape. emulator specially built to recreate the is that the National Library will be able The National Library collects both original application. But software too is for the first time to collect and store published and unpublished digital impermanent. How readable will be the systematically most of the ‘Welsh Web’: information it judges to be of lasting contents of the BBC Cymru/Wales online everything from the Assembly’s website national importance. Other Welsh organisations may also wish to preserve As this store grows it will their own digital information and the question arises, should they entrust this become a safe repository to a ‘Trusted Digital Repository’, a for all kinds of digital persistent institution like the Library that knowledge… has the skills and capacity to ensure its storage and future accessibility? The National Library has recently formed a new unit dedicated to the care of its digital assets. This is starting news website in twenty year’s time, when and commercial sites to individuals’ to put into operation the Library’s web software will have evolved? Even if it blogs and Flicker photographs. digital preservation policy and to is readable, will readers be able to follow This first Regulation may be followed embed digital survival into the Library’s up, as they can today, the audio and by more, so that the libraries can collect plans and procedures. video files, the website hosts, or the online publications that are protected by Among other initiatives is a Library hypertext links to external websites? authentication or subscription barriers, project to work with a selection of Welsh It seems unlikely that much of this and publications that take the form of literary authors to alert them to the need supplementary or contextual information dynamic databases. To deal with the to retain, organise and store their key will be readily accessible. complexities of ingesting, storing and ‘personal digital papers’, and to consider What are the solutions? It is only giving access to the resulting electronic how to transfer them to the Library for quite recently that memory institutions collection the Library is building a permanent preservation. The literary have begun to tackle the complexities of technical infrastructure, in collaboration archives of the future are likely to be capturing this new fleeting universe of with the British Library and the National hybrid, containing digital documents, digital knowledge. Library of Scotland. images, videos, e-mail messages and web Part of the answer lies in an extension The National Library has also built pages as well as papers and books. of the ‘legal deposit’ system. Since 1911 its own digital store to keep non-legal These are the kinds of task, therefore, publishers have been depositing under deposit material, mainly about Wales. that are essential if our successors are to statute copies of their printed publications Some of this is bought or deposited, but enjoy the same access to knowledge as our in the National Library of Wales. The much of it originates from the Library’s forerunners did, that is to say if today’s aim of this system is to capture and extensive digitisation programme: more Wales is to be recognisable tomorrow preserve the total intellectual output of the than a million ‘digital objects’, most of nation, as represented by its publications. them viewable on the Library’s website Andrew Green is Librarian, By the turn of the millennium it was clear (www.llgc.org.uk), have been created as National Library of Wales.

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Natural Selection

Anthony Campbell explains that Darwin’s ideas are as relevant today as when they were published a century and a half ago

Darwin’s concept of natural bonds parents for a long time. Without selection remains the unifying sex a marriage survives with great concept in biology, and is as relevant difficulty. For Darwin’s ideas to be true: today as it was when he first made • Life must have evolved over it public in 1858. Life on our planet hundreds of millions of years from has evolved over 4,000 million years original single cells. from single cells to the diversity of today’s microbes, plants, and multi- • Species must change over time, and cellular animals. evolve into new species. As the force that drives evolution, natural selection is a scientific truth. • There must be variation within a It works. It is used daily in genetic population for a selection to take place. engineering, in artificial selection in agriculture and horticulture, and can be • There has to be both a molecular seen in real time in many animals and mechanism that causes such variations, plants, including those noted by Darwin as well as one that enables the selected on the Galapagos. It even occurs in the traits to be inherited from generation human body, from womb to grave. to generation. Natural selection has huge relevance in • Changes that are selected are very modern medicine and environmental small from one generation to the next. Chalk and water colour drawing of Charles Darwin science, as we have the opportunity to in 1840, by George Richmond. Only over many generations will a change the human genome, and try to significant difference be obvious, or combat the evolution of infectious lead to a new species. disease, drug and pest resistance. Darwin argued in the Descent of Man, • There have to be ways in which first published in 1871, that there in fact separation into groups occurs within two types of selection: a species if new species are to evolve. 1. Natural Selection selects the ‘fittest’ The fossil record is clear. Some 550 2. Sexual Selection selects the ‘sexiest’. million years ago multi-cellular animals We are unusual animals. We have to and plants appeared in abundance. More protect our offspring for some 15 years than 99 per cent have since become before they can pass on their DNA. extinct. Clear sequences of animal and Sex is required for mating, and for the plant species are abundant in rocks from preambles. But it is also the force that all periods. Archaeopteryx is even a

62 | www.iwa.org.uk Map showing the route of Darwin’s visit to Wales in 1831, travelling with the Rev. Adam Sedgwick to Llangollen, Ruthin, Conwy and Bethesda. Darwin then continued on his own to Cwm Idwal, Capel Curig and finally to Barmouth. Map courtesy of National Museum Wales Darwin in Wales which currently has an exhibition in its Cathays Park headquarters exploring Darwin’s Welsh links.

As for the view behind the house, I have seen nothing like it. It is the same with 1830, walking and collecting insects. It was his grandfather, North Wales. Snowden (sic) to my mind, Erasmus, who first described the process of evolution in modern looks much higher and much more terms. But it was Charles and Alfred Russel Wallace who gave us the mechanism – natural selection. Darwin learnt his geology beautiful than any peak in the Cordilleras. from Adam Sedgwick, the Professor of Geology at Cambridge, who Charles Darwin, took him on a tour of north Wales in August 1831, to Capel Curig, writing to his sister Susan from Valparaiso, Chile, 1835. Conwy, Bangor and Anglesey. He found igneous rocks and fossil corals at Cwm Idwal, famous for its climbing ‘slabs’ and its botany. Like many famous naturalists before him, Darwin was inspired He would return in 1842 to see the glaciation marks he had missed by the environment of Wales. He went, pony trekking with his previously. Darwin left Sedgwick to go walking near Barmouth, brother Erasmus, and holidayed with his family in Abergele and before returning to Shrewsbury where he found a letter Tywyn. He made several trips to north Wales between 1824 and recommending him to go on the Beagle.

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missing link - half reptile, half bird. grandfather for his speculations without primitive ‘eye’. And jellyfish have ‘ocelli’ Fertile hybrids occur in birds and proper scientific evidence or experiment. as ‘eyes’ that can enable these floating plants, exhibited by the Darwin’s Darwin insisted on rigorous scientific stomachs to avoid solid objects and nets. Galapagos finches and his orchids. arguments and evidence. We all carry ‘bad’ genes, putting us The DNA revolution has given us the The English philosopher, Herbert at risk of diseases such as cystic fibrosis, molecular proof that natural selection Spencer, who coined the phrase ‘Survival high cholesterol, cancer or diabetes. works, and puts homo sapiens in its place. of the fittest’ after reading Darwin’s Darwin teaches us that they must have We are just animals, susceptible to the work, caused much confusion. The a selective advantage. Mutation in the same laws as a gorilla or a glow-worm. term ‘ ‘best adapted’ would be a more haemoglobin gene causes sickle cell Our DNA is only six per cent different accurate interpretation. A giraffe has a anaemia, and gives a resistance to the world’s biggest killer, malaria. Human evolution is still happening. There is no malaria in the US. So there is no selective advantage in carrying the sickle cell gene. As a result its prevalence is gradually diminishing. What will be the consequence if we remove such genes from the human gene pool? Antibiotic resistance is a natural phenomenon, enabling bacteria to knock out their competitors. A month on antibiotics selects 90 per cent of the bacteria in our gut to be resistant. Natural selection in the environment explains the resistance of flies and mosquitoes to pesticides such as DDT, Cwm Idwal in Snowdonia, where Darwin found igneous and the development of warfarin rocks and fossil corals during his 1831 visit. He returned here in 1842 when he realised the significance of glaciation. resistance in many rodent populations. Photo: National Museum Wales The spread of infections such as AIDS and avian flu all fit Darwin’s ideas of from that of a chimpanzee. Darwin long neck because slightly taller giraffes natural and sexual selection. realised that for one species to evolve into reached a different food supply. These Darwin’s output was awesome – another there had to be some way of were better adapted, and thus more 20 books, hundreds of papers and separating off one group. This occurs by: likely to pass on the genes responsible. pamphlets, and copious notes – models Tiny changes in the beaks of Galapagos of how to write science that convinces • Organism movement, for example finches, or crossbills in Canada, give the professional, yet is also readable by bird flight or floating seeds, or by them a selective advantage. the general public. The first edition of land movement. Natural selection even occurs in the The Origin sold out overnight, and has • Different food human body, in the development of our been translated into all the major • Changes in behaviour, including sexual. embryonic brain, and in gut bacteria. languages. Darwin’s discoveries, his Small changes in temperature of the experiments and, most importantly, Darwin was not the first to suggest human body lead to illness or even his two big ideas – natural and sexual the evolution of animal and plant death. A small percentage increase in selection – must be placed at the heart species. He wasn’t even the first to average temperature of our planet is of 21st century biology and medicine publish the idea of natural selection. leading to major adaptive changes in if we are to halt the panic about global What was unique about Darwin’s ideas animals, plants and microbes, as well as warming, and misplaced fears about in The Origin of the Species, published in great physical changes such as melting genetic manipulation 1859, was the clarity of the argument of the polar ice caps and the weather. and the power of the evidence. Before But could small changes really lead to a Anthony Campbell is Professor Darwin most naturalists had been structure as complex as the human eye? In in Medical Biochemistry at Cardiff satisfied with descriptive accounts of fact microbes exist that move in response University and Scientific Director Nature. Charles even criticised his to light and dark because they have a of the Darwin Centre, Pembrokeshire.

64 | www.iwa.org.uk of ‘loyalist’ protestant clubs. For Wales, Enlightenment Wales the two most important clubs were the Protestant Cymrodorion Society and the John H. Davies describes how Welsh thinkers were at the centre Royal Society for the Advancement of of the 18th Century’s cauldron of revolutionary thought Science. Frequently the same Welsh men were members of both. The reign of the Tudor monarchs disillusionment with the republican The coffee houses were frequented showed the people of Wales that they ‘Commonwealth’ which turned them by other revolutionaries, in all fields of were capable and skilled in running back to the crown. After the restoration, intellectual and business endeavour and not just their own country, the ‘Glorious Revolution’ of 1688, from many countries: Dr Johnson, but the larger and many times removed the divine power of the English Richard Sheridan, William Makepeace more prosperous English Empire. crown for ever and empowered the Thackeray, John Wilkes, Benjamin Major and minor gentry, hill-farmers minor gentry for the first time in the Franklin, Thomas Payne, George and ordinary people from the hills history of these islands. Washington, Voltaire, William Jones II, and valleys of Wales had flocked to the By the 18th Century the religious Dr Richard Price, Thomas Pennant, the Welsh cause which put Henry Tudor and political revolution was fought out Morrisses of Anglesey. Social discourse on the English throne. Even in the 16th between the surviving Roman Catholic moved freely from discussion of Sanskrit century England was an Empire which gentry and the Protestant supporters of poetry and the rights of kings and extended from northern Yorkshire to the Elector of Hanover. The military common people to the mathematics of the south of France. By the reign of failure of the Jacobite movement in this probability, physics and religious dissent. Elizabeth Tudor, that empire was island at least, forced the conflict from This enlightenment did not stay in expanding around the world and our the battlefield into the debating chambers. London either. The ideas of the day ancestors who had travelled to London were brought directly to the people of with the Tudors were at the heart of its Wales, at the time the most literate in the politics, business and emerging science. world due to the work of Griffith Jones In the field of mathematics and and Madam Bevan. Euclidian geometry the revolution was William Jones (1746-1794), the led by people such as Rhobert Recorde youngest child of William the elder (c.1513-1558) of Tenby, who became and nicknamed ‘Oriental Jones’, was physician to Edward VI. He was the paramount in translating and introducing first person to develop the idea of the the ancient literature of the Near East equation and particularly the ‘=’ sign and India to Western Europe. He for equality. His students and their became Chief Justice of Bengal, where contemporaries included Humphrey he is revered for his contribution to the Lhwyd (1527-1568) the physician, promotion of Indian culture. He it was antiquary and cartographer, of Denbigh, who introduced the idea of the Indo- and John Dee (1527-1608) of Mortlake European family of languages. William who first coined the term ‘The British Jones was an enlightened ‘Whig’ Empire’. Humphrey Llwyd produced Portrait of John Dee (1527 -1608), precursor of the politician and, like Dr Richard Price Welsh Enlightenment who first coined the term the first map of Wales, printed in three ‘British Empire’. (1723-1791) of Llangeinor, was an languages; British (Welsh), English and advocate of emancipation of the people. Latin by the famous cartographical The exploitation of the New World In 1782 William Jones published a printers in Antwerp. had provided two very important social pamphlet on the right of an oppressed It was no wonder that young Welsh drugs which added to the civilisation of populace to overthrow, by force if men flocked to even the Stuart king’s society. One was tobacco and the other, necessary, a despotic king. This was fine support during the religious wars which and by far the most important, was in English, because only the gentry were tore Europe apart in the 16th and 17th coffee. It was the coffee-houses of literate. However, when William Jones’s centuries. However, their disillusionment London which provided venues for brother-in-law William Davies ‘Dean’ with Roman Catholic monarchy and, in social intercourse - places for the Shipley (1745-1826), of St Asaph had particular, the way it had treated its upwardly mobile young Welsh it translated into Welsh, the authorities faithful Welsh supporters at Edgehill and population to network with their peers panicked - for the Welsh could read and Marston Moor, turned many thinking from other countries. Meetings of young were as ripe for revolution as were the people to the theological revolution of men in these places at the time of the American colonists and of course the the parliamentary side. Then it was Jacobite wars led to the establishment French. Thomas Edwards, Twm o’r Nant

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(1739-1810) interpreted the leaflet into one of his famous ‘Interludes’ to be performed at fairs around north and mid Wales. Liberty’s Apostle The radicalisation of Welsh society was stimulated by supporters of the Paul Frame looks back at the life American revolutionary war and the of Richard Price, a largely forgotten Revolution in France such as Edward son of Wales Williams, ‘Iolo Morgannwg’ (1749- 1826), William Owen Pugh (1759-1835) Line drawing of Richard Price, 1793. and John Jones, Jac Glan-y-gors (1766- 1821), the satirical poet. However, the greatest contributor to this cause and to world history was Dr Richard Price marriage, Richard received his early (1723-1791), who was invited to become education at dissenter academies in Wales Chancellor of the new United States of before moving to London in 1740. There America, and, on his death received he became a dissenting minister, married three-days state mourning in France. Sarah Blundell in 1757 and eventually Without this man, we would have no settled in Newington Green. insurance industry, no state pension and Price entered public life in 1758 with probably no national health service. the publication of A Review of the Dr Richard Price was a philosopher Principal Questions and Difficulties in Morals. and the mathematician who studied In this he asserted our intuitive probability and constructed the first understanding of right from wrong and actuary tables on which insurance is our predisposition to virtue. This was an based. He was a nonconformist minister, argument that prefigured the categorical who worked in London, following the imperative of Emanuel Kant by more great revolution in Christian thought and than thirty years. Price also tried to live celebration promoted by Rhys Prichard - Readers of books on the 18th by the moral precepts of his philosophy, ‘Ficer Prichard’ (1579-1644), Vivasor Century Enlightenment could be though not always successfully. These Powel (1617-1670), Howell Harris forgiven for thinking that while precepts included an adherence to virtue, (1714-1773) and William Williams members of the ‘English’ and candour, usefulness, benevolence, reason Pant-y-celyn (1717-1791). ‘Scottish’ Enlightenments were and toleration and a belief in free will. Following the dreadful wars of the actively pursuing parliamentary As part of his devotion to 16th and 17th Centuries, 18th Century reform, religious and civil liberty and ‘usefulness’ Price often edited and society had a similar optimistic new ideas of social justice, the Welsh sometimes contributed to the work of atmosphere to the ‘New Elizabethan’ age, had simply slipped into a sort of his friends and acquaintances including the 1950s and 1960s that followed the Winkle-esque slumber. Joseph Priestley, John Howard the prison 20th Century wars. It was also a period This limited view of Wales’s reformer and the economist Adam of scientific and intellectual ferment, and contribution to the Enlightenment raises Smith. In 1764, on behalf of his the pushing of new frontiers in which our two questions. Is it accurate and, if it is deceased friend Thomas Bayes, Price fellow countrymen contributed greatly. In not, how might we reveal the true picture edited and published a mathematical celebrating the contribution made by the to the general public both inside and work on probability and the Doctrine people of Wales during the Age of outside Wales. That the view is inaccurate of Chances. This contained a theorem Enlightenment we give ourselves can be demonstrated by a cursory look described by Prof. G. A. Barnard in confidence to meet the challenges of the at the life of the one person who usually 1958 as “one of the most famous in the future. The creation of the Senedd in rates a brief mention in the more world’. It was for this work, and for his Cardiff Bay is emblematic of a reviving enlightened of Enlightenment histories. mathematical publications on probability, confidence analogous to the experience Richard Price was born on the 25 that Price was elected a Fellow of the and contribution of 18th Century Wales February 1723 at Tynton, a still extant Royal Society in 1765. Cadw-listed farmhouse in the village of Stemming from his interest in Dr John H. Davies is Communications Llangeinor near Bridgend. As the third probability was Price’s passion for Officer with the Welsh History Forum. child of his Calvinist father’s second demography and the creation of the

66 | www.iwa.org.uk mathematically complex tables of mortality used in the then burgeoning business of annuities and life assurance. These included his famous Northampton Tables that were used for over 50 years by the forerunner of today’s Equitable Life. Price acted as an unpaid advisor to the Equitable for about 15 years and during this time his nephew, William Morgan of Bridgend, was installed as the societies actuary. Under Morgan’s 55-year tenure as actuary the Equitable became one of the world’s largest financial institutions. Price himself is now regarded as one of the founders of modern life assurance and the first to show how a life office should be run. Ironic, then, that when the Equitable Life finally ran into difficulties in the early years of the 21st Century it was partly because it ignored advice given by Price over 200 years earlier.

Price himself is now regarded as one of the founders of modern life assurance and the first to show how a life office should be run.

Price summarized his thinking on finance in Observations on Reversionary Payments published in 1771, a book described by his closest friend, Benjamin Franklin, as “the foremost production of human understanding that this century has afforded us”. At the same time Price involved himself in various campaigns aimed at establishing old age pensions and friendly societies in Britain, although all these efforts were defeated in Parliament. Nevertheless, they provided a spur to Price’s parallel Top: Tynton in the village of Llangeinor near Bridgend, where Richard Price was born in February 1723. campaign for parliamentary reform. It remains an empty ruin with great potential to be developed as an interpretation centre to promote One notable success in financial Price’s life and work. matters came in 1786 with the Above: Richard Price’s chapel at Newington Green – today the oldest nonconformist place of worship in London.

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establishment of a sinking fund for the to publicly support the American throughout the thirteen colonies. redemption of the national debt. On this Revolution from start to finish, in Members of the American Congress issue Price met with William Pitt the February 1776 Price published distributed it amongst themselves and Younger at Downing Street. As both Observations on the Nature of Civil Liberty, a it was read by the likes of Jefferson, Prime Minister and Chancellor, Pitt defence of the rebel colonists. This sold Franklin and Adams. A French writer requested Price to submit his ideas for more than 60,000 copies within a year. on Price, Henri Laboucheix has even such a fund. The final scheme was In language and sentiment it was very suggested that it may have been under modelled on Price’s third plan, the reminiscent of Jefferson’s later Declaration the influence of Price’s thinking that least attractive according to Price. of Independence. The pamphlet was Franklin (or Jefferson) changed, “We As one of the few British voices welcomed in America and reprinted hold these truths to be sacred and undeniable” in the draft independence declaration to the now famous phrase “we hold these truths to be self evident”. It is, of course, a conjecture but one that illustrates the influence some writers think Price had at this time. Additional Observations, Price’s second pamphlet on America, appeared in 1777 and his final offering, Observations on the Importance of the American Revolution and the means of making it a benefit to the world, in 1784. In the latter Price urged the Americans to strengthen their federal union, to guard against an unequal distribution of property, and to abolish slavery as quickly as humanly possible. Slave owner George Washington wrote welcoming the pamphlet and Thomas Jefferson sent a letter of reassurance when Price faced criticism from South Carolina and Georgia over his property distribution and slavery admonitions. Often watched and ‘abused’ at home during the war of independence Price was lauded by many in America. In October 1778 the US Congress invited him to move to the United States and to become a citizen and their financial advisor. Price courteously declined on account of his age and settled ways. In sole company with George Washington he was awarded a degree by Yale University in 1781, and he became a member of the American Academy of Arts and Science in Boston and the American Philosophical Society in Philadelphia. When revolution erupted in France in 1789 George Cadogan Morgan, another of Price’s nephews, was in Paris watching the fall of the Bastille. Morgan

Richard Price was a controversial figure in his day. This 1791 engraving kept his uncle informed of the by Annabel Scratch is in the National Portrait Gallery collection, London. developing situation, as did Thomas

68 | www.iwa.org.uk Jefferson who wrote frequently from its Enlightenment history will need modern civil rights. We might end on Paris. Price welcomed the events in a an imaginative response through the the Welsh Window at the 16th Street public sermon in November 1789, later Internet, the National Museum and Church in Birmingham, Alabama where published as A Discourse on the Love of the museum at Saint Fagans. At the Martin Luther King regularly preached. our Country. It was this that induced National Museum this process has Created after a public subscription in Edmund Burke to write his Reflections on begun with the opening of galleries Wales by artist John Petts and depicting the Revolution in France, in opposition to dedicated to exploring the contribution a crucified Negro Christ, the window Price’s ‘wicked principles’. Price made a of eighteenth century Welsh artists. was presented to the bombed Church short reply to Burke’s attack but he was A bigger challenge is at St Fagan’s. in 1965. To round off we might end now too old and frail to enter into a long With its new designation as the National by asking why so many descendants dispute. Instead, Tom Paine in his Rights History Museum it now has responsibility of Negro slaves appear to have Welsh of Man and Mary Wollstonecraft in A for telling the entire history of the nation. sounding surnames? Vindication of the Rights of Man rose to This task, and the space it requires, is As a campaigner for pensions and his defense. obviously large and it may be time for social welfare, Price also prefigures the later Price returned home to Wales almost Saint Fagan’s to think of developing activism in Wales that culminated in the every year to stay at Southerndown, on offsite facilities. We should consider a achievements of Lloyd George, Aneurin the coast in the Vale of Glamorgan. centre dedicated to interpreting the Welsh Bevan and Jim Griffiths. This story might There he recuperated from his hectic Enlightenment with links established to have been told in Bevan’s house in London life by sea swimming, cliff interested parties abroad such as the Tredegar had it not been demolished. climbing, horse riding and walking. In historical and Welsh societies of America, Fortunately Richard Price’s home 1790 he made his last visit and stayed particularly Pennsylvania where many at Tyn-ton still survives. Should this longer than usual. After his return to Welsh people made their mark in the property come on to the market Cadw, London his health failed and he died at eighteenth century. St Fagan’s and other interested subscribers should surely combine to “one of the most celebrated men in London, purchase it for the nation and establish it as an Enlightenment Centre in Price’s contemporaries were convinced of his Llangeinor. The village is a gateway to lasting fame but this was not to be.” the south Wales Valleys and provides a link into the 18th Century industrial history of Blaenafon and the nineteenth century coal industry, as well as to the continuation within Wales of the political and social campaigns Price had fought a century or two earlier. Hackney on 19 April 1791 at the age of The aim would not be to idolise As a boy in Tyn-ton Price was once 68. His request for a quiet funeral was Welsh enlightenment figures but to show discovered reading a book disapproved overridden and the cortège to his burial how the debates and issues of their time of by his father who then grabbed the in London’s Bunhill Fields comprised inform many of those of today. Price’s work and threw it into the fire. Price 30 gentlemen’s coaches and 20 of family life provides many avenues that might started early on the road that led to the and friends. From France many of the be explored in this way. freedom of thought and intellectual new revolutionary societies expressed An exploration of slavery, for curiosity that marked his later life. As their sorrow at the passing of a man example, might begin with his pamphlet Wales is now actively on the road of they dubbed the ‘Apostle of Liberty’. condemning the trade before moving on nation building, and since it is from the As one of the most celebrated men to the contribution of other Welshmen. Enlightenment and the ideas of people in London, Price’s contemporaries were Men such as Morgan John Rhys who, like Price that many of our modern ideas convinced of his lasting fame but this having fled to America in 1794, of nationhood spring, Price’s home in proved not to be. A combination of campaigned vigorously on the issue and Tyn-ton would be a good place for us Burke’s rhetoric, the Terror in France and even tried to help establish a black to learn about and wake up to our Pitt’s clampdown on reformist activity church in Savannah, Georgia from where changing national reality effectively removed Price’s name from Price had received his greatest criticism. the accepted Enlightenment pantheon. From there we might wend our way Paul Frame is a geological consultant How, then, might we restore it? Our via Price’s relatives in America who currently finishing a biography of small indigenous media means that any fought in the civil war and shared rooms Richard Price which he hopes will be attempt to enlighten sleepy Wales as to with Abraham Lincoln, to the era of published during 2009.

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Toothache in Llangollen Rhian Davies reveals a Welsh coda to Mendelssohn’s more famous Hebrides outing

It’s well-known that Mendelssohn’s Anne Taylor left valuable and vivid a few years earlier, in January 1826 and first visit to Scotland inspired his reminiscences of the 20-year-old composer: was the largest in the world at that time. ‘Fingal’s Cave’ Hebrides Overture, but “It was in the year 1829 that we Mendelssohn also wrote long letters details of his time in Wales in August first became acquainted with Mr home to his family, detailing his 1829, a month later, have been Mendelssohn. His arrival created no impressions. The most trenchant was almost entirely overlooked. particular sensation, as many strangers prompted by the performance of a Mendelssohn made a total of ten trips came to our house to see the mines under harpist in a Llangollen hotel: to the UK and, during his first in April my father’s management, and foreigners “Anything but national music! May ten 1829, he was introduced in London to were often welcomed there. Soon, thousand devils take all folklore. Here I am John Taylor, a wealthy mining engineer. however, we began to find that a most in Wales, and oh how lovely, a harpist sits In August, when bad weather frustrated accomplished mind had come among us, in the lobby of every inn of repute playing his plans to sail to Ireland following his quick to observe, delicate to distinguish. so-called folk melodies at you – dreadful, Scottish tour, he altered his itinerary to There was a little shyness about him, great vulgar, fake stuff, and simultaneously a accept Taylor’s invitation to stay at his modesty. I remember one night when my hurdy-gurdy is tootling out melodies, it’s country estate, Coed Du, Rhydymwyn, two sisters and I went to our rooms how enough to drive one crazy, it’s even given near Mold. we began saying to each other ‘Surely this me a toothache.” Here the composer wrote his three must be a man of genius. We can’t be Fantasies or Caprices for solo piano, mistaken about the music; never did we He also complained about the Op. 16, one each for Taylor’s daughters hear any one play so before. Yet we know Welsh weather: Anne, Honora and Susan to play and the best London musicians. Surely by and “Yesterday was a good day, i.e. I only got inspired by the flowers in their garden. by we shall hear that Felix Mendelssohn- soaked three times. Bad days are beyond He also began work on his String Quartet, Bartholdy is a great name in the world.” imagination; a raging, whistling storm has Op. 12, an organ piece to be played at been blowing for four weeks almost without his sister Fanny’s marriage to Sebastian Mendelssohn travelled widely in north interruption, whipping the spray against Hensel in October, and a theatre piece to Wales, including outings to Holyhead, your face – there’s nothing to do for it except celebrate his parents’ Silver Wedding Bangor, Beddgelert, Caernarfon, Capel to sit around quietly indoors.” anniversary in December. Curig, Corwen, the Vale of Ffestiniog and Holywell. Diaries and sketchbooks But there were brighter days, as Anne Above: Coed Du Hall at Rhydymwyn, near Mold, where Mendelssohn stayed and composed in 1829. chart his progress, notably pencil Taylor recalled: The photograph is taken from an estate agent’s drawings of Conwy Castle and the “My father’s birthday happened while Mr catalogue when the property was put on sale in 1921. Photo: Llyfrgell Genedlaethol Cymru / The ‘Bridge over the Menay’. Thomas Mendelssohn was with us. There was a National Library of Wales. Telford’s Suspension Bridge had opened grand expedition to a distant mine, up

70 | www.iwa.org.uk Gregynog Musical Festival Highlights

12 June Ethel Merman. Archive recordings of 20 June The Dufay Collective, one of the UK’s Templeton himself will be interspersed Music for soprano and piano trio marks finest early music groups, marks the with live performances by the pianist 200 years since the death of Haydn, 500th anniversary of Henry VIII’s Simon Crawford-Phillips. including a sequence of Welsh folksong accession to the throne with repertoire arrangements which the composer from the Tudor courts including music 14 June completed during the last year of his life. by Henry himself. To mark the Mendelssohn bicentenary This recital will be the only appearance in the Aronowitz Ensemble play the string Wales by the Haydn Trio Eisenstadt during 13 June Octet plus music written by the composer a year-long world tour to honour the A recital by the Anglo-Swedish in Wales. Haydn anniversary at venues including the Kungsbacka Piano Trio honours 90 Louvre and Metropolitan Museum of Art. years since the founding of the National They are joined by early music superstar Council of Music for Wales which held Elin Manahan Thomas, following a recent its annual conferences at Gregynog. collaboration to record the same repertoire The programme combines core on location in Austria for the forthcoming Classical repertoire with the world Tinopolis/ S4C documentary Papa Haydn. première of Notes to a drama, a piano trio commissioned from the distinguished 21 June Welsh composer Mervyn Burtch to The Sixteen, directed by Harry mark his 80th birthday in 2009. Christophers, perform works by Purcell Mervyn will lead an open rehearsal and to mark the 350th anniversary of his post-performance discussion about his birth, and James MacMillan to mark his new work in which he treats the three 50th birthday (21 June). Again, this is instrumentalists as protagonists in a The Sixteen’s only date at any Welsh miniature opera. Festival as part of the famous Choral Pilgrimage in 2009 and offers an 13 June exceptional opportunity to hear a world- A late-night, jazz-inspired session will class choir perform in a space as intimate conjure up memories of Alec Templeton, 19 June as Gregynog’s historic Music Room. a blind pianist-composer who became a A recital by the countertenor Iestyn huge media star in the USA the 1930s. Davies marks the 250th anniversary of Born in Cardiff in 1909, Templeton is the death of Handel. Davies, fast virtually unknown in his native Wales, emerging as one of the world’s most Further information about all this yet his signature show, It’s Alec Templeton exciting Handel singers, comes to year’s Gregynog Festival events can Time, was sponsored by Alka-Seltzer and Gregynog fresh from his debut recital at be obtained from Theatre Severn broadcast coast-to-coast in the States Wigmore Hall and will be accompanied Box Office, 01743 281281 or visit with guests including Bing Crosby and by the harpsichord virtuoso Gary Cooper. www.gwylgregynogfestival.org

among the hills; a tent carried up there, a dinner to the miners. And although the composer’s time in Wales didn’t include We had speeches, and health-drinkings, and Mendelssohn threw a visit to Montgomeryshire, an extraordinary connection himself into the whole thing, as if he had been one of us. He has just come to light, namely that his grandson Albrecht interested himself in hearing about the conditions and ways of Mendelssohn-Bartholdy attended a conference at Gregynog the Welsh miners. Nothing was lost upon him.” during the 1930s

Mendelssohn’s overall assessment of his Welsh experience was also positive: Rhian Davies is a music historian and broadcaster “Wales is a wonderfully beautiful country, but this sheet and Artistic Director of the Gregynog Festival in her is so small that I will have to describe it to you in person.” native Montgomeryshire.

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of political stupidity was over. The state All the Way, with the USA would now necessarily intervene to protect the infirm and underprivileged and all Peter Stead emigrated to Ohio in the 1880s. At my ethical decisions would now be made beloved Boston Red Sox I made sure rationally. In the event the first two that everyone knew that Ted Williams, months of his presidency were to give baseball’s greatest hitter, was Welsh. At grounds for concern. He had spent too a performance of Eugene Onegin at much time appeasing or appointing Tanglewood, Stuart Burrow’s Lensky was opponents and he had seemed short on acclaimed and most people sitting near specifics. And all the while he faced me soon learnt that both he and I were greater and greater problems. Then in from Pontypridd. I did, I confess, use a the last days of February he made two lecture to inform an ancient society of speeches that silenced his critics in the patriots that most American presidents press. Nobel Prize-winning economist had been essentially Welsh. I was duly Paul Krugman commented, “We finally awarded an impressive medal. have a plan, and a President”. Any day now the team of genealogists, In the process of reinventing myself I was in the States for those two events working under the First Minister’s as an American, politics inevitably played and two things struck me. Picking up on specific instructions, will come up a vital part. For in sharp contrast to the Kennedy’s theme of “not asking what with conclusive proof that the 44th descendants of earlier Welsh settlers, I America can do for you”, Obama asked President of the USA is directly was a confirmed Democrat. My reading Americans who had dropped out of high descended from the Welsh bard Baruc of the New Deal story and the election school or college to go back and graduate. o Barmouth. This will come as a of JFK during my last year in school had He identified the crisis as one in which glorious conclusion to our recent made any other option unthinkable. I everyone had to accept a degree of massive cultural assault on the USA. went to the States in 1973 disappointed personal responsibility. A politician whose Welsh civil servants have clearly been in the knowledge that I could never be intelligence and vision have earned respect ordered not to rest until there is a Welsh president but I had every hope of can look his nation in the eye and ask for poet-in-residence on every campus and becoming the Democratic Senator for individuals to accept that kind of challenge. a Welsh actor in every Broadway show. New York, Connecticut or Obama also looked all the members of Every Welsh Male Choir will be filmed Massachusetts. I assumed my County Congress in the eye and declared, “Those singing in the Grand Canyon. Teams of Cork credentials would be invaluable. of us gathered here tonight have been scholars at Aberystwyth and Carmarthen Every Presidential election since 1960 called to govern in extraordinary times”. have been instructed to make it more has involved my passionate support of the Three months in office had given Obama widely known that it was a Welsh prince nominated Democrat. I have only met every reason to question the motives and who first discovered America and that the two of them. I spoke to Jimmy Carter intentions of many elected representatives. Declaration of Independence was originally on the day in 1992 when he charmed He was calling for a fuller sense of the written in Welsh by Thomas Jefferson whilst Swansea audiences. Earlier in 1988 I had crisis and a greater degree of imagination. back on holiday with his aunt at Llanberis. met the candidate Michael Dukakis on As we go on trying to persuade There is something pleasing about the evening of the Presidential Debate Americans to take our culture seriously hearing Welsh spoken now on the New in Winston-Salem. This had come as a and to come here for their holidays (all York subway, although I must confess to reward for my futile efforts on his behalf the while suppressing the fact that most having a distinct nostalgia for my first in coastal North Carolina. It was not easy of our politicians, academics and writers days living in the USA when I rarely met seeing this able and liberal Governor of favour a Socialist Republic), we should anyone from home (there were fewer Massachusetts lose to the glib George take on board these points made by the British tourists in those days) and could Bush. The Republicans drove home the new President. Individual improvement easily embrace the fiction that I was now fact that disastrously Dukakis had released and responsibility must be the cornerstone an American. The weekly delivery of the a killer: and my fellow Barry-boy, and of economic recovery. Meanwhile our pink Football Echo was all I needed to hitherto hero, Bob Hope mercilessly politicians must resist falling back on confirm my Welsh identity. ridiculed the Governor’s name. crude class and party shibboleths. So far I visited my grandfather’s childhood For all us Democrats, Obama’s we have had calls for ‘Labour to be more friends in their San Francisco home but stunning victory came as the thrill of a Labour’, for ‘Independence’ and for an I was not tempted to trace descendents lifetime. The sheer clarity of his end to coalition. Surely the time has come of a great aunt from Aberaeron who had intelligence gave every promise that an era for thinking outside the box.

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