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Scottish Public Law Group Summer Conference 2011 View from Wales Natalie Lancey, Legal Services, Welsh Government. Corporate slide master With guidelines for corporate presentations. Welsh Devolution 1998 - 2007. Corporate slide master With guidelines for corporate presentations.
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Scottish Public Law Group Summer Conference 2011 View from Wales Natalie Lancey, Legal Services, Welsh Government Corporate slide master With guidelines for corporate presentations
Welsh Devolution 1998 - 2007 Corporate slide master With guidelines for corporate presentations Welsh Devolution has had a slower evolution than Scottish Devolution Scotland Act 1998 (SA 98) gave Scotland a Parliament and a Government
Welsh Devolution 1998 - 2007 Government of Wales Act 1998 (GOWA 98) gave Wales one statutory corporation – the National Assembly for Wales A Government comprised of 60 elected Assembly Members Intention was that it would have only the type of powers exercised by government
Welsh Devolution 1998 - 2007 Corporate slide master With guidelines for corporate presentations National Assembly for Wales could not pass the equivalent of Acts of the UK Parliament or Acts of the Scottish Parliament Was to get powers such as making subordinate legislation and allocating funding
Welsh Devolution 1998 - 2007 Corporate slide master With guidelines for corporate presentations Difference not just in type of power devolved, but also in areas of power devolved SA 98 gave Scottish Government (and Parliament) broad general transfer of power, with some matters reserved to UK All powers in all areas transferred unless specifically reserved
Welsh Devolution 1998 - 2007 Corporate slide master With guidelines for corporate presentations No general transfer of power to National Assembly for Wales - powers to be devolved on an individual power-by-power basis In 1999, individual powers contained in over 300 separate Acts of UK Parliament were transferred to the Assembly by Order in Council Many more individual powers subsequently devolved to the Assembly by other legislation
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations Government of Wales Act 2006 (GOWA 06) moved Wales a little closer to Scotland Given a Government and a Legislature Welsh Assembly Government and National Assembly for Wales
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations Government of Wales Act 2006 (GOWA 06) moved Wales a little closer to Scotland Given a Government and a Legislature Welsh Assembly Government and National Assembly for Wales
Welsh Devolution 2007 - 2011 Welsh Assembly Government = First Minister, other Welsh Ministers, Deputy Welsh Ministers and Counsel General Still no general devolution of power to Government Most powers of National Assembly for Wales statutory corporation transferred to Government As under GOWA 98, new powers could be given to the Government on power-by-power basis Corporate slide master With guidelines for corporate presentations
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations Old statutory corporation National Assembly for Wales “reconstituted” as a legislature Given power to pass Assembly Measures Akin to Acts of the UK or Scottish Parliaments –could, in principle, make the type of provision those could do But could only make provision which was within the Assembly’s legislative competence
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations GOWA 06 passed with a largely blank Schedule 5 Over time, the “Matters” over which the Assembly was to have competence would be inserted into Schedule 5 No general transfer of areas about which the Assembly could pass Measures
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations • Matters to be inserted by further Acts of UK Parliament, or by Orders in Council which had first been approved by UK Parliament • Matters covered specific, and sometimes relatively small, areas
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations For example: “Provision about entitlement to primary, secondary and further education and to training”, or “Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.”
Welsh Devolution 2007 - 2011 Corporate slide master With guidelines for corporate presentations 22 Assembly Measures passed 2007 – 2011 72 Acts of the Scottish Parliament in same period But much time spent in Wales securing insertion of Matters into Schedule 5 prior to being able to pass a Measure about those Matters
Welsh Devolution 2011 - ? Corporate slide master With guidelines for corporate presentations GOWA 06 contained a full Schedule 7, setting out Subjects about which, after future referendum, Assembly would be able to pass Acts Much broader Subject areas, such as Education, Agriculture, the provision of Health Services Extensive list of exceptions carved out of the Subject areas
Welsh Devolution 2011 - ? Corporate slide master With guidelines for corporate presentations Referendum on Assembly Acts in March 2011 63.5% voted yes - 35.6% turnout May 2011 Elections Labour took 30 seats out of 60 - formed government
Welsh Devolution 2011 - ? Corporate slide master With guidelines for corporate presentations Labour and Plaid Cymru in coalition before elections Labour gained 4 seats, Plaid lost 4 First Minister Carwyn Jones
Welsh Devolution 2011 - ? Corporate slide master With guidelines for corporate presentations Labour manifesto commitments in the areas of education, health, travel for elderly and disabled people, and tackling unemployment Rejection of possibility of income-tax varying powers Pursuit of a “fairer funding formula” for Wales
Scottish Public Law Group Summer Conference 2011 View from Wales Natalie Lancey, Legal Services, Welsh Government Corporate slide master With guidelines for corporate presentations