Wales and the Westminster model

Parliamentary Affairs

Volumn 63, Issue 1, 2010, Pages 117-133

  Trench, Alan ^a  

^a UNIVERSITY OF EDINBURGH   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 73849092221     PISSN: 00312290     EISSN: 14602482     Source Type: Journal    
DOI: 10.1093/pa/gsp048     Document Type: Article

References (57)

1. R. Sturm, 'The Adventure of Divergence: An Inquiry into the Preconditions for Institutional Diversity and Political Innovation after Political Decentralisation', in S. Greer (ed.), Territory, Democracy and Justice: Regionalism and Federalism in Western Democracies, Palgrave Macmillan, 2006.
2. Vernon Bogdanor, Devolution in the United Kingdom, Oxford University Press, 1999.
3. For these reasons it is sometimes convenient to talk of the National Assembly Mark 1 (1999-2007), and Mark 2 (since 2007). Despite having the same name, size and premises, legally these are quite separate entities.
4. J. Mitchell, Devolution in the United Kingdom, Manchester University Press, 2009;
5. R. Rawlings, Delineating Wales: Constitutional, Legal and Administrative Aspects of National Devolution, University of Wales Press, 2003.
6. K. Morgan and G. Mungham, Redesigning Democracy: The Making of the Welsh Assembly, Seren, 2000;
7. L. Andrews, Wales Says Yes: The Inside Story of the 'Yes for Wales' Referendum Campaign, Seren, 2000;
8. J.B. Jones and D. Balsom (eds), The Road to the National Assembly for Wales, University of Wales Press, 2000.
9. This was predicated on the idea that Wales was naturally dominated by Labour, in which the Conservative Party had little support or (as a consequence) mandate to rule even when it held office at Westminster.
10. R. Wyn Jones, 'On Architecture and Architects: The constitutional design of Welsh devolution'. Paper presented at conference on 'La dévolution des pouvoirs à l'Ecosse et au Pays de Galles/Scottish and Welsh devolution 1966-1999', Université de Rouen, January 2007. On the 1979 referendum, see D. Foulkes, J.B. Jones and R.A. Wilford (eds.) The Welsh Veto: The Wales Act 1978 and the referendum (University of Wales Press, 1983).
11. For this reason Rawlings classified the Assembly's powers as 'quasi-legislative' rather than executive.
12. K. Patchett, 'The New Welsh Constitution: The Government of Wales Act 1998' in Jones and Balsom 2000, especially 247-52.
13. Welsh Office, A Voice for Wales/Llais dros Gymru: The Government's Proposals for a Welsh Assembly Cm 3718, The Stationery Office, 1997.
14. Jones and Balsom 2000, chapter 5.
15. A. Thomas and M. Laffin, 'The First Welsh Constitutional Crisis: The Alun Michael resignation', Public Policy and Administration, 16, 2001, 18.
16. J. Osmond, 'A Constitutional Convention by Other Means: The First Year of the National Assembly for Wales' in R. Hazell (ed.), The State and the Nations: The First Year of Devolution in the United Kingdom, Imprint Academic, 2000;
17. 'In Search Of Stability. Coalition Politics in the Second Year of the National Assembly for Wales' in A. Trench (ed.), The State of the Nations 2001: The Second Year of Devolution in the United Kingdom, Imprint Academic, 2001.
18. The threat of rescinding these delegations, and therefore the Assembly having to undertake all its statutory functions as a plenary body, had been an element of the threat unveiled by Plaid Cymru during the confidence debate about Michael's position, where it became known as the 'Nagasaki option'. See further Thomas and Laffin 2001.
19. A residual provision meant that, in the absence of an Assembly able to act, the Permanent Secretary could make such decisions as were necessary - but it was also clear that the powers of officials in such circumstances were limited both practically and constitutionally.
20. The Legislation Committee's remit was to ensure that legislation was properly made. Its main tasks were therefore to ensure that proper powers existed to authorise the making of Assembly secondary legislation, and that the proper procedures had been applied in doing so.
21. National Assembly for Wales, Assembly Review of Procedure Final Report, National Assembly for Wales, 2002;
22. J. Osmond, 'Constitution Building on the Hoof: The Assembly's Procedure Review' in J.B. Jones and J. Osmond (eds), Building A Civic Culture: Institutional Change, Policy Development and Political Dynamics in the National Assembly for Wales, Institute for Welsh Affairs and Welsh Governance Centre, 2002.
23. R. Rawlings 'Towards a Parliament: Three faces of the National Assembly for Wales', Contemporary Wales, 15, 2003, 1-19;
24. J. Osmond, 'From Corporate Body to Virtual Parliament: The Metamorphosis of the National Assembly for Wales' in R. Hazell (ed.), The State of the Nations 2003: The Third Year of Devolution in the United Kingdom, Imprint Academic, 2003.
25. House of Commons Welsh Affairs Committee, Government White Paper: Better Governance for Wales, First Report of Session 2005-06, HC 551, London, The Stationery Office, 2005, Ev 65-6, QQ. 199-200.
26. Commission on the Powers and Electoral Arrangements of the National Assembly for Wales, Report of the Richard Commission, National Assembly for Wales, 2004.
27. Wales Office. Better Governance for Wales, Cm 6582, The Stationery Office, 2005.
28. E.g. A. Trench, 'The Government of Wales Act 2006: The Next Steps in Devolution for Wales' Public Law, Winter, 2006, 687-96.
29. Rawlings, Delineating Wales, 2003, chapter 7; Jones and Osmond 2002 above.
30. M. Sandford and L. Maer, Scrutiny Under Devolution: Committees in the Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales, The Constitution Unit, 2003.
31. See T.G. Watkin, The Legal History of Wales, University of Wales Press, 2007, chapter 7.
32. Specific authority is needed to use Welsh in Parliamentary business, which has been granted for the Commons Welsh Affairs Committee (which has simultaneous translation for its meetings when needed but publishes reports only in English). Other committees - even when they sit in Wales - have no such authority, and can only work in English.
33. At the 2003 elections, Labour won 30 of the 60 seats; as both the presiding officer and deputy presiding officer came from the opposition, this appeared to give Labour a bare working majority. However, it lost even this after the expulsion of Peter Law from the party in early 2005.
34. J. Osmond, Crossing the Rubicon: Coalition politics Welsh style, Institute for Welsh Affairs, 2007.
35. A. Trench (ed.), Devolution and Power in the United Kingdom, Manchester University Press, 2007, particularly chapters 6 and 8.
36. Wales Office, Better Governance for Wales, Cm 6582. The Stationery Office, 2005.
37. Private information; see also R. Wyn Jones and R. Scully, 'Welsh Devolution: The End of the Beginning, and the Beginning of. . . ?' in A. Trench (ed.), The State of the Nations 2008, Imprint Academic, 2008, pp. 63-8
38. Set out in Part 4 of the Act.
39. Similar obligations also apply to the Scottish Parliament and Northern Ireland Assembly.
40. For discussion of the pre-2007 arrangements see R. Rawlings, 'Quasi-legislative Devolution: Powers and principles', Northern Ireland Legal Quarterly, 52, 2001, 54-81;
41. Rawlings, Delineating Wales, chapters 8 and 9;
42. House of Commons Welsh Affairs Committee, The Primary Legislative Process as It Affects Wales, 4th report of Session 2002-03, HC 73, The Stationery Office, 2003;
43. K. Patchett, 'The New Welsh Constitution: The Government of Wales Act 1998' in Jones and Balsom, 2000;
44. and K. Patchett, 'Principle or Pragmatism: Legislation for Wales by Westminster and Whitehall', in R. Hazell and R. Rawlings (eds), Devolution, Law Making and the Constitution, Imprint Academic, 2005, pp. 112-54.
45. The National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999 No. 672.
46. Cf D. Lambert and D. Miers, 'Law-making in Wales: Wales-legislation online', [2002] Public Law, 663-9.
47. Wales Office 2005.
48. A. Trench, 'The Government of Wales Act 2006: The Next Steps in Devolution for Wales' Public Law, Winter, 2006, 687-96;
49. 'Old Wine In New Bottles? Relations between London and Cardiff after the Government of Wales Act 2006', Contemporary Wales, 20, 2007, 31-51.
50. An up-to-date version of Schedule 5 can be found on the National Assembly's website at http://www. assemblywales.org/bus-home/bus-legislation/ bus-legislation-guidance/bus-legislation-guidance-documents/ legislation-fields/schedule-5.htm.
51. All Wales Convention Report (Cardiff: Welsh Assembly Government, 2009).
52. House of Lords Select Committee on the Constitution Scrutiny of Welsh Legislative Competence Orders 2nd Report of Session 2007-08, HL 17, The Stationery Office, 2007.
53. In that case, a compromise solution involving a consent by the Secretary of State, introduced to satisfy concerns about use of the power to suspend right-to-buy, was considered by the Joint Committee on Statutory Instruments to breach the provisions of the 2006 Act.
54. This is most notable in its reports on health and transport: House of Commons Welsh Affairs Committee, The Provision of Cross-border Health Services for Wales: Interim Report, Sixth Report of Session 2007-8, HC 870, The Stationery Office, 2008;
55. The Provision of Cross-border Health Services for Wales, First Report of Session 2008-9, HC 56, The Stationery Office, 2009;
56. Cross-border Provision of Public Services for Wales: Transport, Tenth Report of Session 2008-9, HC 58, The Stationery Office, 2009.
57. See data in Wyn Jones and Scully 2008 above, 81-2, and also in All Wales Convention 2009, chapter 5.