• Abstract and Figures
• Public Full-text

spring 2003 upfront culture and economy environment 2 whitehall versus wales communications 40 rural survival strategy 62 making development analysing the way Westminster 33 gareth wyn jones and einir sustainable shares legislative power with ticking the box young say we should embrace kevin bishop and unpacking the Welsh 2001 Cardiff Bay robert hazell ‘Development Domains’ as a john farrar report on a census results denis balsom says Wales risks getting the central focus for economic new study to measure our finds subtle connections worst of both worlds policy in the Welsh countryside impact on the Welsh between the language and cover story cover environment 7 news nationality 43 making us better off steve hill calls for the 64 mainstreaming theatre special Assembly Government to renewable energy politics and policy adopt a culture of evaluation peter jones says Wales 13 35 i) a stage for wales in its efforts to improve should move towards clear red water michael bogdanov says Welsh prosperity more sustainable ways of rhodri morgan describes the Cardiff and Swansea living distinctive policy approach should collaborate to developed by Cardiff Bay over science special produce the forerunner europe the past three years for a federal national 47 i) why we need a 15 red green theatre science strategy 66 team wales abroad eluned haf reports on the progressive politics 38 ii) modest venue – phil cooke charts Wales’ adam price speculates on melodramatic progress in venturing into new Welsh representation whether a coalition between debate the Knowledge Economy in Brussels Labour and Plaid Cymru is terry hands teases 51 i) networking 68 farming and the men possible out what we mean by in brussels ‘national’ in addressing the genes 16 our man in whitehall paul atkinson reports glyn davies describes his our north-south jessica mugaseth comes on a new genome encounters with the EU’s theatrical divide face to face with Peter Hain research centre at Cardiff Common Agricultural University Policy and sketches out its future first term special 52 ii) land of science 18 as well as song endpiece i) the devolution dividend rhodri griffiths says we kevin morgan asks whether the Assembly is worth having should learn to love our 72 peter stead 23 ii) art of conversation in the bay scientists interesting times david melding wonders whether Wales has become a more eloquent political entity since devolution social policy 26 iii) devolution’s colour code charlotte williams assesses the impact of the National 55 combating the Cover: Looking north as the Assembly on ethnic minorities Irish Ferry ‘Isle of Inishmore’ ’gender contract’ sails past the Chevron-Texaco 29 helen buhaenko reports on a jetty at Milford Haven. iv) trajectory of change project that is engaging with john osmond puts the Richard Commission on the Assembly’s deprivation in the Gellideg Photograph courtesy of Milford powers under the spotlight Haven Port Authority council estate in Merthyr upfront whitehall versus wales analysing the way Westminster shares legislative power with Cardiff Bay robert hazell says Wales risks getting the worst of both worlds he arrangements one in five of departmental bids managing to gain legislative for making primary slots. Slots are not awarded simply on merit: it is a rare legislation for Wales session when one of the bigger beasts in the Whitehall tare not working smoothly jungle, such as David Blunkett or John Prescott, does not get or delivering satisfactory at least one Bill into the programme. legislation for Wales. There are three The whole process is meant to be kept a tight secret until the fundamental difficulties Queen’s Speech is given and the contents of the new which cannot be ignored: session’s legislative programme are unveiled. In November • The Westminster 2002 the Blair government previewed most of the contents legislative programme in a carefully orchestrated series of announcements in the is chronically days before the Queen’s Speech that broke with all congested, so convention. Who said that for their second term New Labour that it is always were abandoning spin? hard to find space for ‘whitehall knows best’ Wales. • The UK government will always have competing priorities. Into this confidential process have to be inserted the bids for • Legislation is too often drafted or amended at the last primary legislation that come up from the National minute, leaving little time for Wales to be properly Assembly for Wales. Primary legislation is of fundamental consulted. importance to the Assembly, since it is entirely dependent on Acts of the Westminster Parliament for the legal The legislative programme for Westminster is prepared in framework within which it develops its own secondary legislation and administrative policies. Westminster defines an annual cycle culminating in the Queen’s Speech each the powers and functions of the Assembly in matters great November, when the government announces the and small. In the process it can reduce the Assembly’s programme for the coming parliamentary session. The powers – inadvertently or by design – as well as increase programme is planned and managed by the Legislative them. The Assembly has to be constantly alert to the Programme Cabinet Committee, chaired by the Leader of possibilities of new legislation from Westminster, in terms of the House and President of the Council, formerly Robin the opportunities it may present as well as the risks. Cook. At the beginning of each calendar year the Cabinet Office issues invitations to all departments to bid for space The Government of Wales Act provides a formal piece of in the legislative programme, and from Easter onwards it machinery whereby once a year the Secretary of State for begins to prioritise Bills into marshalled lists with four or Wales consults the Assembly about the UK legislative five different degrees of priority. programme, and attends an Assembly debate on the Queen’s Speech, after it has been announced at Westminster. In These range from bills to fulfil international obligations, and practice, by then it is usually far too late for the Assembly to Bills to preserve statutory powers about to expire, to gain any slots in the legislative programme for the new programme Bills promised in the manifesto. Bills with high session just beginning, so the debate is a bit of an empty 2 enough priority receive authorisation to be drafted by ritual. However, the Assembly Government is invited to Parliamentary Counsel over the summer. The rest languish submit bids well before that, in the spring of each year, at the or die. Competition to get into the legislative programme is same time as other Whitehall departments; and it is known extremely fierce, with typically only as few as one in four or what bids the Assembly Government has put forward. spring 2003 upfront So far the success rate of the Welsh Assembly Government has legislative action, geographically and figuratively, and are not been high. Rhodri Morgan claims a 500 per cent improvement heavily reliant on Whitehall goodwill to keep them in the picture. by comparison with the years pre-devolution, but the figures do not seem that encouraging. For the 2001-02 session the Assembly These fundamental weaknesses – the chronic legislative Government put forward four bids and got half a promise on one. logjam, Whitehall’s overriding priorities, and the rush in which For the 2002-03 session they put forward eight bids but didn’t Westminster legislation is prepared – lead in turn to a number improve their strike rate. This may be no higher than the success of undesirable consequences. Legislation for Wales is often rate of any other Whitehall department. But is it right, and in the fragmented and incomplete, because the Assembly needs to spirit of devolution, to rank the Assembly alongside any other grab every legislative opportunity it can. As a consequence Whitehall department? The contrast with Scotland is particularly primary legislation for Wales is hard to find and to understand, stark: the Scots have been passing a dozen bills a session in the because some of it is in patchwork installments in different Scottish Parliament (see Panel on page 5). statutes. Different statutes also treat the Assembly differently, depending on the approach of the individual draftsman. Whitehall guidance also makes it quite clear where Whitehall’s Finally, because the timetables of Westminster and the priorities lie: in supporting the interests of the UK Government, Assembly do not always coincide, legislation for Wales can fall not those of the National Assembly. Cabinet Office guidance between the two legislatures and be poorly scrutinised. on Post-Devolution Primary Legislation affecting Wales, states bluntly that, “The purpose of this guidance is to facilitate the The best known example of fragmentation lies in the only efficient conduct by the UK Government of its legislative Wales-only Bill so far passed by Westminster since devolution, business. Disagreements are an impediment to that .” the Children’s Commissioner for Wales Act 2001. Despite its title, the Act did not establish the Children’s Commissioner for The guidance goes on to enjoin departments to consult the Wales. That was done the previous year, in Part V of the Care Assembly Government at an early stage in the development Standards Act 2000. In his evidence to the Lords Constitution of legislative proposals, in particular those which confer new Committee when they came to Cardiff in May 2002 Rhodri functions on the Assembly or alter its existing functions. Morgan was quite candid about the reason why: Consultation will be in confidence and may constrain wider consultation by the Assembly Cabinet: “… in no “But even that was messy because they said, ‘If you circumstances will the Assembly Cabinet circulate or allude would like to have that a year earlier, we can include it to Bill material without the consent of the lead Department.” in an England and Wales Bill.’ That has become quite common.

Load more

  72

Copy Link