The way in which laws are made for Wales has been heavily influenced over the last 25 years by a series of commissions, committees and panels convened to assess the operation of the devolution settlement.
These bodies, often made up of former politicians and civil servants, alongside academics and representatives of business and civil society, have played a key role in shaping Welsh law-making.
This article will look at the role these groups have played and how their key findings have come to influence law-making in Wales.
Richard Commission – a first look at reform
Early in the first term of the then Assembly, Welsh Labour and the Welsh Liberal Democrats agreed as part of their coalition to establish an independent commission to look into the powers and electoral arrangements of the Assembly “to ensure that it is able to operate in the best interests of the people of Wales”.
The Commission, chaired by Lord Richard, a Labour Peer and former leader of the House of Lords, published its report in 2004. It set out a proposal for primary law-making powers for the Assembly, specifying matters that would be reserved to Westminster. In doing so, the Commission recommended that the Assembly should increase in size to 80 and split into two separate bodies – an executive and a legislature – bringing to an end the ‘corporate body’ structure that was in place since 1999.
Some of the Commission’s recommendations were taken forward in the Government of Wales Act 2006, which established a limited set of primary law-making powers for the Assembly, with the possibility of broadening these powers following a referendum vote, which was subsequently held in 2011. Our article on the powers of the Senedd explores this in further detail.
Silk Commission – fiscal and legislative devolution
Following the affirmative vote in the 2011 referendum, the Commission on Devolution in Wales (known as the Silk Commission) was established as part of the UK Government coalition agreement between the Conservatives and the Liberal Democrats.
The Commission was tasked with reviewing the “financial and constitutional arrangements in Wales”. It was chaired by Sir Paul Silk, a former Clerk to the Assembly, with representatives of the four political parties in the Assembly and two independent members.
The Commission’s first report on fiscal devolution was published in November 2012. The report made 33 recommendations that the Commission said would “empower the Welsh Government and bring greater responsibility by giving Wales its own taxation and borrowing powers”. The report drew on the findings of the Holtham Commission on Funding and Finance for Wales. Many of the recommendations were taken forward in the Wales Act 2014.
Its second report, published in March 2014, recommended that the model of devolution to Wales should be replaced by a ‘reserved powers model’, with new legislation setting out the powers that would be reserved to the UK Parliament. It also recommended the devolution of powers over elements of transport, energy project consenting and policing.
The report also recommended that the size of the Assembly should be increased “so that it can perform its scrutiny role better” and that the institution should be recognised as “permanent, so long as that is the will of the majority of the people of Wales”.
The UK Government’s response to the second report was set out in ‘Powers for a Purpose’ and changes to the devolution settlement were taken forward in the Wales Act 2017.
Senedd Reform – a changing and evolving institution
In anticipation of the Senedd gaining new powers over its size and legislative arrangements under the Wales Act 2017, the Expert Panel on Assembly Electoral Reform was established to provide:
robust, politically impartial advice on the number of Members needed to effectively represent the people of Wales, the most suitable electoral system, and the minimum voting age
The Panel, chaired by Professor Laura McAllister, made a series of recommendations for changes to the size of the Senedd, its electoral system and who could vote in Senedd elections.
Some of these recommendations were taken forward in the Senedd and Elections (Wales) Act 2020, which lowered the voting age to 16, allowed certain foreign citizens to vote and changed the name of the National Assembly for Wales to Senedd Cymru or Welsh Parliament.
Without the political consensus to take forward the rest of the reforms recommended by the Expert Panel, the Senedd established the Committee on Senedd Electoral Reform to examine the Panel’s recommendations and outline a “roadmap for reform” to inform political parties’ policy positions and manifestos for the 2021 Senedd election.
Following that election, the Special Purpose Committee on Senedd Reform was established in October 2021 to come up with proposals to be included in a Welsh Government Bill to reform the Senedd. The Committee made 31 recommendations, some of which were different to those reached in previous reports and some agreed by only a majority of the Committee.
Two Welsh Government Bills have been introduced to the Senedd aimed at taking forward these recommendations. The Senedd Cymru (Members and Elections) Bill, passed by the Senedd on 8 May 2024, will expand the size of the Senedd to 96 Members and introduce a closed list electoral system. The Senedd Cymru (Electoral Candidates List) Bill, which would introduce mandatory gender quotas for Senedd elections, is still being considered by the Senedd.
Independent Commission on the Constitutional Future of Wales – a continuing conversation?
The introduction of this legislation has not been the end of the discussion about the constitution of Wales. The Independent Commission on the Constitutional Future of Wales was established by the Welsh Government, as part of its cooperation agreement with Plaid Cymru, in November 2021, with two broad objectives:
- to consider and develop options for fundamental reform of the constitutional structures of the UK, in which Wales remains an integral part; and
- to consider and develop all progressive principal options to strengthen Welsh democracy and deliver improvements for the people of Wales.
The Commission’s final report, published in January 2024, concluded that the current devolution settlement is “at risk of gradual attrition” and without urgent action there will be no “viable settlement to protect”. The Commission recommended the devolution of further powers over areas such as justice, policing and rail services.
While it concluded the current settlement is “not a reliable or sustainable basis for the governance of Wales”, it stopped short of recommending a particular way forward, instead identifying three “viable options”: enhanced devolution, federalism and independence.
However, the Commission’s report did not receive unanimous support from the Senedd, and its recommendations fall to the Welsh Government to consider and take forward.
Changes ahead
Throughout the period of devolution, there has been an almost continuous discussion about the powers and size of the Senedd. Legislation has now been passed that will increase the number of Members of the Senedd from 60 to 96.
It’s likely this will have a significant impact on how the Senedd operates and the capacity available within its membership to perform its role in scrutinising the Welsh Government and legislation.
Article by Josh Hayman, Senedd Research, Welsh Parliament
