Report of the Richard Commission Commission on the Powers and Electoral Arrangements of the National Assembly for Wales Spring 2004 contents chapter page 1 Introduction 1 2 The historical and international context 5 3 The views of the people of Wales 23 4 The role and structure of the Assembly 47 5 The scope and adequacy of the devolved powers 85 6 The scrutiny of unelected public bodies 125 7 The Wales–Whitehall relationship 141 8 The Wales–Westminster relationship 169 9 The boundaries of devolution 183 10 The financing of devolved government 197 11 The cost of devolution 215 12 The electoral arrangements 225 13 Developing devolution in Wales 241 14 Conclusions: the way ahead 253 annexes 1 Terms of reference 265 2 Programme of evidence sessions 267 3 Public meetings 281 4 Index of written evidence 283 5 Primary legislation affecting Wales 291 6 Acts of the first session of the Scottish Parliament, 1999-2003 299 7 Acts of the Northern Ireland Assembly, 1999-2002 303 8 Letter to the Chair 305 chapter 1: introduction Introduction This chapter sets out the background to the Commission and explains our approach, processes and the structure of our report. Background 6. In evaluating the evidence submitted, we have sought to distinguish between 2. The Richard Commission was constraints or frustrations arising from appointed in July 2002 by the First the structure of the settlement, and Minister of the National Assembly for those which could be described as Wales. Our Chair, Lord Richard, was ‘teething’ problems, which naturally appointed by the First Minister. Five occur in the first years of such radical Commissioners were appointed constitutional change. following open competition and interview. Four were nominated jointly 7. The Rt Hon Peter Hain MP, Secretary by the four party leaders in the first of State for Wales, suggested to us Assembly. that: Terms of reference a practical delivery benchmark test 3. These are set out in full at Annex 1. should be applied to any proposal for They require us to review two aspects change: how will it benefit life in of the National Assembly, which came Wales? How will it improve it in into being in July 1999: the adequacy practical terms?1 of its powers and its electoral arrangements. 8. We set out in Chapter 13 the vision and principles that have informed our 4. Within the powers part of the remit, enquiry. We have worked on two there are two elements: the depth of assumptions. First, that gains in the powers – the capacity of the democracy and accountability are Assembly to act within the fields that valuable in themselves. Second, that are devolved to it; and the breadth of more open, participative and the powers – whether more fields responsive governance is likely to should be devolved. produce better policy outcomes. We recognise, however, that conclusive The Commission’s approach evidence on this would be elusive even 5. In considering the way forward, we if our review had been conducted at a have been conscious of the fact that much later stage.2 It is also fair to say the current devolution settlement is that better delivery of public services, only four years old, covering one or improvements in the economy, Assembly and barely four UK depend on many factors that are Parliamentary sessions. outside the scope of our enquiry. The Richard Commission 1 chapter 1: introduction 9. We decided to approach our remit 12. Each chapter of the report examines a from a broad and practical perspective. different aspect of the existing We felt that the terms of reference devolution settlement and concludes raised fundamental questions, which with findings specific to that chapter. could only be addressed by looking at The conclusions we have reached, the operation of the devolution based on those findings, are set out in settlement in the round, including the Chapters 13 and 14. work of the Assembly as a parliamentary body and the role of the The scope of our report Welsh Assembly Government. The 13. We were clear that it was not our role questions we have addressed are to evaluate the performance of the practical ones: how are the Assembly or the Welsh Assembly arrangements working at the moment; Government. This would have what, if any, problems have been entailed going outside our terms of encountered; and how could things be reference and making subjective improved in the interests of the people judgements. We have focused on the of Wales? evidence and limited our observations to matters directly relevant to the 10. Our enquiry has drawn on the views of Assembly’s powers and its capacity to those who operate the present exercise them effectively. settlement, of those who work with them on a daily basis and of ordinary 14. On the electoral arrangements, we people in Wales. We are confident that have not tried to go over the ground the analysis of the first four years, set covered by previous and concurrent out in the following chapters, has reviews specialising in electoral provided a sufficient body of evidence systems. We have drawn on these but to enable us to identify in detail the focused on the practical operation of strengths and weaknesses of the the existing system and what seem to present arrangements and to us the realistic alternatives to it. recommend a sustainable settlement for the long term, based upon both The processes we have followed principle and practical experience. 15. We began our work in September 11. Many aspects of the remit – the 2002 when we decided on a process Assembly’s size, powers, structure, designed to enable us to gather solid capacity and electoral system – are evidence on which to base our inter-dependent. In reaching conclusions. conclusions on individual aspects, we have sought to take account of the 16. Between October 2002 and impact on the Assembly as a whole, September 2003 we held 115 3 and on the governance of Wales more evidence sessions, 3 seminars, and 4 widely, and to present a coherent and issued 2 consultation papers. We integrated set of recommendations for received over 300 written the way ahead. submissions. We held 9 public 2 The Richard Commission chapter 1: introduction meetings, starting in Swansea and I Chapter 4 describes the role and ending at the National Eisteddfod in structure of the National Assembly. It Meifod. We observed the Assembly in examines the capacity of the plenary and in committee, visited the Assembly and its committees to carry Scottish Parliament in Edinburgh, met out the role of scrutiny and holding the Speaker of the Northern Ireland the government to account, and the Assembly and visited Westminster, to implications for the organisation of meet MPs, Peers and others, three acquiring further powers. The main times. focus is on the experience of the First Assembly, but relevant developments 17. Since our appointment, the during the Second Assembly are also Parliament at Westminster has considered; produced two reports that have been I Chapter 5 considers the nature of the of great value to us, as discussed in 5 powers conferred on the Assembly later chapters. These are: and how they have been used in I Devolution: Inter-institutional relations practice by the Welsh Assembly in the United Kingdom – Report of Government; the House of Lords Select Committee I Chapter 6 reviews the Assembly’s on the Constitution, HL 28 of 2002- powers in relation to the non-elected 03; public bodies it sponsors and how the I The Primary Legislative Process as it relationship between government and affects Wales – Report of the Welsh these bodies has changed since Affairs Committee of the House of 1999; Commons, HC 79 of 2002-03. I Chapter 7 examines the relationship between the Welsh Assembly The structure of the report Government and the UK Government 18. The structure of our report is as at Ministerial and official level. It follows. considers the strengths and weaknesses of present arrangements I Chapter 2 reviews the history and and their sustainability in the future; wider context of the Government of I Chapter 8 considers the way primary Wales Act 1998 and demonstrates legislation affecting Wales is handled how the establishment of the at Westminster and the impact of Assembly built upon and changed the devolution on the arrangements for model of administrative devolution scrutiny and debate. Again the that existed before. It also provides a advantages and disadvantages of the summary of the international context; system are discussed; I Chapter 3 reviews the evidence on I Chapter 9 reviews proposals for the views of the people of Wales – broadening the powers of the drawing on views put to us at our Assembly and considers the public meetings as well as public implications of further transfers of opinion survey evidence; powers from the UK Government; The Richard Commission 3 chapter 1: introduction I Chapter 10 examines the Assembly’s relevant, thoughtful and perceptive and financial powers and the scope for gave a unique insight into the far- extending them; reaching implications of devolution for public life in Wales. We are also most I Chapter 11 looks at the cost of devolution in Wales and the possible grateful to many others who have implications of further development; helped our research, including officers of the Parliament at Westminster and I Chapter 12 considers the Assembly’s the devolved bodies, and officials in electoral system, examines its merits Whitehall and the devolved and weaknesses and the case for administrations. change; I Chapter 13 sets out our vision for 20. We hope that our report does justice to developing devolution in Wales; the evidence we received.