The UK Government’s draft Wales Bill is made for Wales, but not made with Wales, according to a National Assembly committee.
The Constitutional and Legislative Affairs Committee has been looking at what impact the draft bill, currently being considered by the Welsh Affairs Select Committee in London, will have on the Assembly and Wales as a whole.
If passed the bill would provide a reserved powers model for Wales, where everything is considered devolved unless specifically reserved. This, it is intended, would end the uncertainty of what powers are devolved to Wales and provide a clearer settlement.
However, the committee decided that the draft bill could in fact roll back the Assembly’s legislative competence.
The committee considered that the draft Bill’s proposed list of powers reserved to Westminster was too long and could, reduce the Assembly’s ability to make laws in certain areas.
The committee concluded that the draft Bill should be amended if it is to meet its intended objective of establishing a lasting constitutional settlement for Wales.
David Melding AM, Chair of the Constitutional and Legislative Affairs Committee, said: “The weight of evidence we have taken during this inquiry shows that there are significant concerns around the draft Wales Bill and its ability to provide a lasting constitutional settlement for Wales.
“The committee feels this is a draft bill made for Wales, but not with Wales, and one which would have benefited from closer co-operation between the UK Government, Welsh Government and the National Assembly.
“In addition to amendments to the necessity tests and the list of reserved powers which would erode the Assembly’s legislative competence as they stand, we would also like the Bill to consolidate existing legislation, repealing the Acts from 1998, 2006 and 2014 to make the next Act the clear and accessible source of Wales’ constitution for generations to come.
“There is a sense that the draft Bill has been more about responding to key Supreme Court judgments that went against the UK Government rather than establishing a lasting constitutional settlement.”
If the UK Government decides not to consolidate existing legislation, the Committee recommends the Wales Bill includes a commitment to do so in the future, either during the current UK Parliament term, or through a clause allowing the National Assembly to do it.
Last month Welsh Secretary Stephen Crabb MP said he agreed that the list of reserved powers in the draft Wales Bill was “too long”.
Speaking to AMs on Monday, November 23, Stephen Crabb MP said: “I do expect the final piece of legislation that gets Royal Assent to be significantly different from the draft, but let’s see how people use this time to come forward with ideas.”
If the bill will roll back powers I fully support it. Anything to get rid of the terrible Labour and Plaid AMs’ influence in Cardiff Bay is welcomed. In an ideal world Wales would have no devolved power.
It actually makes a mockery of the parties in Westminster. Just look at what we have found out now the Scottish referendum has passed: Forget #BetterTogether it is now #BetterTogetherButWalesShouldHaveMorePowerDespitePeopleNotWanting – ItBecauseWeKnowBetterThanThePeopleWhoElectUs.