Supporting charities, volunteers and communities Wales Council for Voluntary Action   Voices for Change Cymru supported by

Voices for Change Cymru Began in May 2008 Direct response to latest stage of devolution in Wales Provide services to help the voluntary sector understand implications and opportunities of devolution Training, website, info resources, advice

“Devolution is a process, not an event” Ron Davies, Secretary of State for Wales

The history……… 1536 & 1543: Acts of ‘Union’ passed by Henry VIII, Wales is “united to and annexed with England.” 1881: First piece of Wales only legislation – Sunday Closing Act 1964: Sec of State for Wales & Welsh Office established 1979: Referendum – 80% against

1997 Referendum By 1997 devolution back on the agenda Thatcherism Cross party co-operation within Labour Party Scottish precedent – A “yes” vote one week before Welsh vote Referendum – 50.3% vote YES

Government of Wales Act 1998 Establishes National Assembly for Wales as a body corporate (not a Parliament – Government model) 60 Assembly Members Policy development and subordinate legislation only – no primary legislative powers Statutory obligation to consult the voluntary sector – Vol Sector Scheme and Partnership Council established

Labour Minority Government (Alun Michael) 2000Rhodri Morgan takes over, Lib Dem coalition, begins to create distinct Welsh Assembly Government 2002Richard Commission set up 2003Labour Government after election 2004 Richard Commission reports 2005Labour Party response is Better Governance for Wales paper (not all recommendations accepted) 2006Government of Wales Act 2006 passed at Parliament, the next phase of devolution for Wales

Quick quiz True or False... Vote now! 1.Wales now has more than 60 AMs 2.Wales has primary law making powers 3.AMs can speak in Welsh in the Chamber and committees 4.Wales has tax raising powers

Government of Wales Act 2006 Officially splits the Executive (Welsh Assembly Government) and the legislature (National Assembly for Wales) Gives law making powers to Wales – in certain policy areas and with consent of Westminster Allows for further devolution if certain criteria are met

National Assembly for Wales 60 AMs elected every 4 years 40 AMs covering constituencies 20 covering 5 regions (north, mid & west, south west, south central, south east). 4 in each region Mix of First Past the Post and Proportional Representation So each Welsh citizen has 5 AMs

The National Assembly today Wales has a four-party system; –Labour (26 AMs) –Plaid Cymru (15 AMs) –Conservatives (12 AMs) –Liberal Democrats (6 AMs) –Plus currently 1 independent AM Need 30+ AMs to form the government All parties have realistic potential to form part of governing coalition Currently Labour/Plaid coalition “One Wales” government

Party Leaders Kirsty Williams Liberal Democrats Rhodri Morgan Labour Ieuan Wyn Jones Plaid Cymru Nick Bourne Conservative

The NAfW / WAG relationship National Assembly for Wales – All 60 AMs 44 “Backbenchers” – without Ministers and Presiding Officer / Deputy Welsh Assembly Government 14 Ministers Hold to account / scrutinise Civil servants support Third Sector Scheme Assembly Commission and AM’s own staff support Committees / questions / petitions / AMs ballot

What can we do in Wales? There are 20 areas of Policy devolved to Wales. List of what’s devolved not what’s reserved (compared with Scotland) Welsh Ministers can make policy decision and subordinate legislation in these areas. We can also request the power to make primary legislation in these 20 areas but Westminster has to agree - totally new system, complex but an opportunity nonetheless

20 devolved areas or “fields” Agriculture, fisheries, forestry & rural development Housing Ancient monuments and historic buildings Local Government CultureNational Assembly for Wales Economic developmentPublic administration Education & TrainingSocial Welfare EnvironmentSport & Recreation Fire & rescue services and promotion of fire safety Tourism FoodTown & Country planning Health & Health ServicesWater & flood defence Highways & TransportWelsh language

Lawmaking process 2 ways that the power to make legislation can be transferred to Wales: 1. Through the inclusion of powers in a UK Act of Parliament 2. Using a Legislative Competence Order (the Assembly asking for the powers) Once the power is transferred only then can we make Welsh laws – “Assembly Measures”

The rules of the LCO Game! Can only ask for powers in one of the 20 devolved areas Can be proposed by WAG, AMs or a committee Cannot ask for the powers over the whole of an area e.g. cannot request the power to make laws in whole “Social Welfare” field only part of it Considered by Assembly and at Westminster – both must agree to the transfer of powers Must deepen not broaden the devolution settlement Wales needs to make the case for having the powers

Issues with the LCO process New, complex and hard to engage with Lack of clarity over what the “rules” actually are More work for civil society – lots of lobbying and still a very key role for Westminster in agreeing powers so need to lobby in Cardiff and Westminster Means the powers of Wales are constantly changing and being added to – makes devolution even harder to keep up with Aren’t laws themselves just the potential – can take over a year and then the law making has to begin

LCOs so far Examples of LCOs passed so far: Education (Additional Learning Needs) Vulnerable Children Domiciliary Care (Charging) Controversial LCOs still waiting: Environment Affordable Housing Welsh Language

It’s not all bad news We can make laws where we have the powers Once the power is there Assembly measures can be proposed by WAG, AMs or a Committee Some examples of Welsh laws that have been made so far include: Healthy Eating in Schools Measure (backbencher) NHS Redress Measure Learner Travel Measure At least we now have the possibility to make legislation

Ways to engage in Wales Third Sector Partnership Council / Ministerial Meetings – the Government route Scrutiny of Government via AMs – questions / short debates / committee work Ideas for legislation – AMs ballot Petitions system

Welsh Campaigns “Little steps make a big difference” Footcare campaign Canoe Wales – Access to Rivers Petition

Issues for devolved campaigns Different powers and devolution settlements, knowing what’s devolved isn’t easy (especially in Wales as it changes!) Capacity – project survey revealed issues Different policies = different statistics and reports required But gives new opportunities and can learn from each other

The future for Wales More powers built into GoWA 06 – powers to make primary legislation in all 20 “fields” but still no tax raising powers. Only if the people of Wales want it – referendum 2/3s of AMs; Sec of State for Wales and both Houses of Parliament must agree to Referendum Labour / Plaid coalition aiming for 2011 All Wales Convention due to report 18 November 09

Issues Labour do not want referendum defeat (memory of 79 looms large) Peter Hain warns against “rushing in.” But it’s the basis on which Plaid Cymru went into coalition with them May have Conservative Secretary of State by 2011 New leader of Labour Party in Wales by end of the Year

Thank you for listening. Any questions?