The Legislative Future of Wales
| Published date | 01 July 2005 |
| Author | Timothy H. Jones,Jane M. Williams |
| Date | 01 July 2005 |
| DOI | http://doi.org/10.1111/j.1468-2230.2005.00554.x |
REPORTS
The Legislative Future of Wales
Timothy H. Jones and Jane M.Williams
n
INTRODUCTION
This note presentsa critical analysis of the Report of the Commissionon the Powers and
Electoral Arrangements of the National Assembly forWales (the‘Richard Commission’),
published in March 2004, together with an examination of some of the proposals
emerging from the political discussion that has ensued. During the ¢rst term of
the National Assembly forWales (1999^2003), the Labour/Liberal Democrat coa-
lition agreed that there should be an independent commission to examine the
powers and electoral arrangements of the Assembly, ‘in order to ensure that it is
able to operate in the best interests of the people of Wales’ and to‘investigate, inter
alia, the extension of . . . the relevant competencies devolved’.
1
The remit of the
Commission included both the depth and breadth ofthepowersoftheNational
Assembly.
2
Thus were created the circumstances in which a thorough, in-depth
analysisof the workingof Welsh devolution couldtake place, andproposals could
be drawn up for its future development, including alterations to the legal frame -
work itself (provided by the Government of Wales Act1998).
In reviewing the evidence of public opinion which it received, the Commis-
sion noted an‘apparent paradox’, in the form‘of low levels of enthusiasm for what
has been achieved and growing support for more devolution’.The explan ation, it
suggested, lay in two factors: ¢rst,‘the view that the Assembly is held back by its
limited powers’; and secondly,‘people do trust the Assembly to act in the interests
of Wales’.
3
The Commissionwas led to the conclusion thatthe status quo was not
an option.There had been majorchanges to the powers of the NationalAssembly
since its establishment in 1999, but this had occurred on an ad hoc basis,i nstead of
being based o n an agreed policy on ext ending powers. The status quo depended
on goodwill between the administrations inWestminster and Cardi¡: more for-
mal agreement would be needed in the event of administrations being led by
opposing political parties. The Commission proposed a new legislative frame-
work for the governance of Wales, with the opportunity for primary legislation
to originate in the National Assembly (rather than solely in the Westminster
n
Department of Law,University of Wales Swansea.
1PartnershipAgreement(October 2000).
2Report of the Commission on the Powers and Electoral Arrangements of the National Assembly for Wales
(March 2004) 1.This is referred to as ‘Report’.
3ibid 44.
rThe Modern LawReview Limited 2005
Published by BlackwellPublishing, 9600 Garsington Road,Oxford OX4 2DQ,UK and 350 Main Street, Malden, MA 02148, USA
(2005) 68(4) MLR 642^653
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