National Assembly for Wales Survey Results

I must say that I was alarmed (not) by the Assembly's positive spin in their statement "One of the most comprehensive surveys undertaken in Wales to gauge public understanding of the Principality’s political landscape has shown that 70% of people want Wales to have either full or partial devolution."

Lib Dem Commissioner in the Assembly, Peter Black AM has provided us with a full account:

The Assembly Commission has just published the results of the most comprehensive survey undertaken in Wales to gauge public understanding of the nation’s political landscape.

The survey was commissioned by the National Assembly for Wales and carried out by Aberystwyth University's Institute of Welsh Politics in collaboration with GfKNOP. It involved questioning over 2,500 people in June and July 2008.

When questioned, the majority of respondents (39%) wanted Wales to remain part of the UK but to have its own elected Parliament with full law-making and taxation powers. 31% of the people questioned wanted the Assembly to retain its current level of powers and 10% wanted Wales to become a fully independent nation.

Of the remaining respondents, 15% wanted to return to the pre-devolution status and 6% expressed a ‘don’t know’ opinion.The survey indicated that this preferred constitutional status was based on a robust level of political understanding among respondents. When asked to identify the scope of the National Assembly for Wales’ law-making powers, 77% correctly identified that it “has powers to make laws in a number of areas, and these can be expanded with the agreement of the UK parliament’.

The survey also indicated that there is an increasing homogenisation of opinion and understanding across Wales. Previous surveys had seen variations in levels of support across various regions. However, the National Assembly for Wales survey indicated that there was more consistency in people’s aspirations towards devolution across the country, and aligned to this was a greater consistency in levels of understanding. (There was a modest regional difference in understanding across Wales on the Welsh Assembly’s law-making powers, with 72% of people in North Wales giving the correct answer, compared to 83% in South East Wales.)

However, the survey also indicated that many Welsh citizens are unclear about the distinction between the National Assembly for Wales and the Welsh Assembly Government, with 52% admitting that they know only “a little” about the National Assembly for Wales.

I was particularly intriqued by the question which sought to determine how people get their information about the Assembly and Welsh politics. In percentage terms this is summarised as follows:

TV News (87%)
Friends, family and word of mouth (66%)
Local newspapers (64%)
British newspapers (56%)
National Welsh newspapers, Western Mail and Daily Post (39%)
BBC Radio, such as Radio 4 and 5Live (42%)
The Internet (37%)
Radio Wales/Radio Cymru (36%)
Commercial Radio News (23%)

Note the relatively high score for the internet. The breakdown of which daily newspapers the respondents rely on for news is also interesting:

Daily Mail (named by 12.8% of all survey respondents)
Daily Mirror (9.5%)
The Sun (9.1%)
Western Mail (6.3%)
South Wales Echo (5.0%)
Daily Telegraph (4.8%)
The Times (4.3%)
Daily Express (4.2%)
Daily Post (3.6%)
South Wales Evening Post (3.5%)
The Guardian (3.2%)
South Wales Argus (2.8%)
The Independent (2.0%)
Daily Star (1.7%)
Evening Leader (1.5%)
Wrexham Evening Leader (0.9%)

The Western Mail confirms its position as the pre-dominant Welsh newspaper even if its circulation is lower than more local offerings such as the South Wales Echo and the Evening Post. Top of the heap though is the Daily Mail. What is that all about?

The Lord versus St Michael

There's too much free time during recess for letter writing, or so it seems. I haven't blogged on the latest saga involving former short-term Secretary of State for Wales and short-term First Secretary [FM], Alun Michael MP hitting back at the Assembly's rather long-term Presiding Officer. The gist of it is below. From an insider's point of view you're better off reading Peter Black AM's summary and the views of Glyn Davies, and pick out the best bits in order to gain a better understanding of what's really going on.

In The Western Mail on Monday, the National Assembly’s Presiding Officer, Lord Dafydd Elis-Thomas, accused a group of MPs of misrepresenting the facts about the making of new Welsh laws. Today, Alun Michael MP hits back at the claims, labelling them an attempt to undermine devolution.

Elis-Thomas: Time to accept constructive criticism

Catching up with the news, the Western Mail reports on the National Assembly’s Presiding Officer has fired a broadside at an all-party group of MPs, accusing them of misrepresenting the facts about the making of new Welsh laws.

In a letter to Welsh Secretary Paul Murphy, Lord Elis-Thomas, pictured, says claims by members of the Welsh Affairs Committee that they are in danger of being “swamped” by legislative proposals coming from the Assembly are groundless.

Since last year, the Assembly has been able to seek permission from Westminster to make its own laws in defined areas. Permission is granted in the form of Legislative Competence Orders (LCOs) passed by both Houses of Parliament. Prior to approval, draft LCOs are considered by the Welsh Affairs Committee.

In a recent memorandum to Mr Murphy from the committee, MPs suggested the number of LCOs coming through from the Assembly could prove unmanageable. Now Lord Elis-Thomas has intervened to “set the record straight”.

In a letter sent to Mr Murphy on Friday, he refers to the allegation made by the committee that the system is being swamped, stating: “This conclusion, which has attracted much publicity, is, in my opinion, clearly contrary to the evidence actually set out in the memorandum itself.

“The Assembly acquired its new legislative powers on May 25 2007. During the first 12 months following that date, seven proposed LCOs were laid before the Assembly, five of which were proposed by the Assembly Government and two by backbenchers. As the memorandum itself makes clear, only four of these proposed Orders have as yet been referred to the Welsh Affairs Committee.

Or was it entirely constructive, and part pantomime politics?

Welsh 'laws': Quality, not quantity needed

Both the BBC and the Wales Online have run stories today about the concerns of Welsh MPs when it comes to legislative proposals from the National Assembly.

The Welsh Affairs select committee say 11 proposed legislative competence orders (LCOs) risk swamping the system, when they expected only four or five.

The assembly's limited powers for more laws, under review by Welsh Secretary Paul Murphy, must win the MPs' backing.

It warns of a “logjam” and says the Assembly and the Wales Office should aim to produce “a reasonable number of high-quality Orders each year rather than allowing volume to swamp the system here and in the Assembly as seems to be happening at the moment”.

It seems the underlying message is QUALITY not QUANTITY when it comes to the Assembly's proposals.

Poverty and housing laws planned: Anyone can make a statement!

First Minister Rhodri Morgan has outlined plans for new Welsh laws on child poverty, affordable housing and home care charging over the next year.

The assembly government's plans also include laws to help children with learning needs and to suspend the right to buy council homes in some areas.

He said he wanted "to make a practical difference to the people of Wales".

But Welsh Conservative leader Nick Bourne accused ministers of "failing to match ambition with delivery":

long on rhetoric, short on substance, and lacking in timescale. While there are some positives to consider in this legislative statement, there is little to give us confidence that the assembly government can deliver it.

I have to agree with this. Anyone can make a statement. I plan on becoming a millionaire over the next year. There!... I've made one! Somehow I don't think my ambition will match delivery.

Homegrown NHS law and badge recognition

Would be silly of me to let this day end without mentioning a further landmark in the future of Wales

The first piece of Welsh legislation in modern times is poised to become law.

Under the Government of Wales Act, the Welsh assembly gained powers to make legislation in some areas without permission from Westminster.

The NHS Redress Measure is set to be approved by the Queen, making it easier and quicker to claim compensation after negligent treatment by the Welsh NHS.

The legislation will also carry the Welsh coat of arms, or Royal Badge of Wales, for the first time.
This will be the first measure, or Welsh law, to complete the process. The Royal Badge of Wales will also appear on all future Welsh laws. It is based on the arms of the native princes of Wales, dating back to the 13th Century, and designed by the Garter King of Arms, Peter Gwynne-Jones.

The product and the process

One of the most important moves of the Labour-Plaid Cymru government was the establishment of the all-Wales Convention. The Convention will explore the case for further powers for the Assembly, was a key One Wales commitment and will test the strength of the coalition. The test will be how quickly Labour (Welsh and UK) can respond to Plaid Cymru's efforts to push full steam ahead towards a Welsh Parliament.

The Convention deals with proposed future powers. The Assembly has two important processes already, Legislative Competence Orders and Measures. For the unfamiliar, a Measure should be explained first. It is an Assembly law and can make 'any provision that could be made by Act of Parliament' (according to the new arrangements since the last Assembly election.) But there are three conditions to this. Firstly, and most naturally, it must relate only to Wales. Secondly, it must fall under an Assembly 'Field' of legislative competence, something like 'economic development' or 'health and social care'. Thirdly, it must relate to specific 'Matter' within one of these Fields. An LCO is more simple to define. It is the process of adding Matters to the Fields. In other words, it is Westminster's permission to legislate and represents a widening of Assembly powers within a Field.

Crucially, it is only permission to legislate and so the Assembly will still have to form Measures afterwards to make Assembly laws. We should find it concerning that there is only one Measure currently being processed, the NHS Redress Act. At the same time, there are five LCOS – on learning needs, environmental protection, vulnerable children, domiciliary care and affordable housing. Put far more simply, and in light of the Convention, the Assembly seems more concerned with widening its powers with no clue (sorry, one clue) about what to do with the powers!

Fundamental flaws found in drawing up a new law

Fundamental flaws have been identified with one of the Welsh Assembly Government's first attempts at drawing up a new law as reported by the BBC.

Under the 2006 Government of Wales Act, Wales-only legislation can be created in certain devolved areas. But a scrutiny committee has found a number of problems with proposals for legislation to improve travel to schools and further education. These include a basic lack of powers over key issues, such as seat belts. The Enterprise and Learning Committee's scrutiny report found the new law, known as an assembly measure, would be powerless with regard to vehicle standards, seating arrangements or seatbelts. The committee also found inadequacies over codes of conduct.

In order to plug the gap the Assembly Government will present more detailed proposals in the new year. But if it fails to request enough powers to plug the gap, the committee has said it may consider bringing forward its own request for extra powers from Westminster. It wants the Assembly Government to give further consideration to the code of conduct, including to the issue of who will be covered by it. The committee also wants the assembly government to give further consideration to the possibility of staggering the opening and closing times of schools.

In recent months I've been notified of the first recruitment of legal trainees for solicitor's Training Contracts, having been advertised by the Welsh Assembly Government on its website. With an emphasis on providing opportunities for trainees, the real need lies in a demand for more experienced staff. As I've been led to understand, the Legal Services Department of the Assembly Government is vast in numbers and should be equipped to tackle any legal proposal before a problem arises at committee level. If it feels that they haven't got the manpower or expertise, they've the backing of the UK Government Legal Service (GLS) with their expert knowledge in drafting legislation for Westminster. At this stage of devolution there's no time to be too proud in asking for assistance.

On 22 October 2007 the Welsh Assembly Government made an announcement that Professor Thomas Glyn Watkin had been appointed as the First Welsh Legislative Counsel. Professor Watkin is an eminent man and as I understand, made sacrifices to become Counsel. The Welsh Assembly Government are very fortunate to have him in their employment, and on talking to someone in the Legal Services Department, I've been informed that he was actually appointed in April 2007 and has a token number of staff to call upon.

This just doesn't bode well for the future and will inevitably slow up procedure if it continues.