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: [email protected] 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.