Ahead of the end of the Electoral Commission’s consultation on the referendum question, the proposals of the Secretary of State for Wales have been criticised by a number of commentators in the press and on the internet.

In the Western Mail yesterday, the Chair of the All-Wales Convention Sir Emyr Jones-Parry said the question was ‘misleading’, as it does not adequately reflect the choice on offer.

On its blog today, the Institute of Welsh Affairs says that the question in its current form is ‘tendentious’, and ’suggests that the status quo that would be delivered by a No vote would be “a moderate, middle ground and common sense way to proceed’.

Meanwhile, on his Devolution Matters blog Alan Trench suggests that the question is ambiguous and imprecise.

What do you think of the referendum question? Have your say by adding a comment below.

In a Tomorrow’s Wales event at the Royal Welsh Show this week Elin Jones AM highlighted the need for further legislative powers to be devolved to the National Assembly for Wales, which can only be achieved through a successful referendum.  The Minister drew attention to the Red Meat LCO and Measure that took three years to pass through two governments and two Committees in both Cardiff and London.    

Elin Jones, the Minister for Rural Affairs said:  

“There is no doubt that rural and agricultural interests have been served well by devolution and government in Wales.  However, a more streamlined and responsive democratic process would see the Senedd better serve the interests of rural Wales.   

“Agricultural and rural legislation is better developed and scrutinised in Wales, because it can be more appropriately tailored to the needs of Wales.  The current legislative process is wasteful of resources and democratic scrutiny.   

“There is no better example of this than the recent Red Meat LCO and Measure.  This has been a wholly uncontroversial piece of legislative transfer.  However, it has still taken three years to achieve legislation - and in the meantime, the legislation was developed by two Governments - in Cardiff and London - and then scrutinised by two sets of Committees and Legislatures, in Cardiff and London.   

“It is now time to give the National Assembly its own legislative powers so that rural Wales can achieve its aspirations within Welsh democratic scrutiny.” 

Moving to part four of the Government of Wales Act 2006 will give the National Assembly law-making powers that will enable elected members in Wales to create laws according to the needs and interests of Wales.   

Gareth Vaughan, the Farmers’ Union Wales president said:  

“Farming is an integral part of the landscape and culture of Wales, and decisions that might suit other parts of the UK have the potential to damage not only Welsh agriculture but also our landscapes, communities and culture. Devolution, which was fully supported by the FUW, has given powers to Welsh policy makers to focus on Welsh issues; it means we can lobby people who are elected in Wales for decisions to be made that suit Wales, and that the majority of important decisions affecting our industry are not taken by people in London who know nothing about our industry and may never have even been to Wales. 

“We may not always agree with the decisions made by Welsh policy makers, but I have no doubt that without devolution our grievances would be far more numerous and acute.”  

In their evidence to the All-Wales Convention, National Farmers’ Union Cymru said:  

“In NFU Cymru’s experience devolution has brought politicians and government much closer to the people of Wales, giving us much easier access to both than had been possible previously. 

“Securing a historic approach to the single farm payment is a positive outcome to devolution which would not have been possible had it not been devolved to Wales. Wales’s simpler system allowed for swifter payments to farmers.  

“It is our view that the advent to devolution has done much to lift the self esteem and national mood of Wales as a nation, and there appears to be a growing awareness from outside Wales that there is scope to do things differently in Wales.”

It is good to see that David Cameron and the UK coalition government intend ‘respect’ to be the hallmark of its relationships with devolved governments. In Wales the agreement to ‘take forward the Sustainable Homes Legislative Competence Order’, which the Conservatives in opposition had managed to block, may be an indication of that respect.

The proposals on funding for Scotland and Wales however suggest that the former is to be accorded more respect than the latter.

On page 28 of the Programme for Government document we read that ‘we will review the control and use of accumulated and future revenues from the Fossil Fuel Levy in Scotland’. That’s pretty unequivocal, and the advantage to the Scottish Parliament’s budget is likely to be substantial.

Not so the issue of the demonstrable injustice of the current funding arrangements for Wales. The ‘concerns expressed by the Holtham Commission’ are recognised (which is some way short of accepting the substance of Holtham’s findings), but action to correct the injustice must await ‘the stabilisation of the public finances’ which, need one emphasise is likely to take a long time. The spin that the ‘priority must be to reduce the deficit’ is of course is irrelevant: correcting an injustice in funding terms is as important in times of scarcity as it is in times of plenty – indeed it is probably more so.

The gross inequity in the funding for Scotland and Wales under the Barnett formula has a long pedigree. Those interested in the story should read Tomorrow’s Wales’s evidence to the Holtham Commission and the House of Lords Barnett Committee of Inquiry. It has nothing to do with justice and everything to do with the comparative esteem in which Wales and Scotland are held by the UK Government.

What has this to do with the forthcoming referendum and the issue of proper law-making powers of the National Assembly? Quite a lot, it seems.  The Coalition’s Programme for Government document also says, ‘Depending on the outcome of the forthcoming referendum, we will establish a process similar to the Calman Commission for the Welsh [sic] Assembly.’ (Calman considered issues of  funding as well as further powers for the Scottish Parliament.)

Try breaking the code and you might get something like: ‘We shall see from the result of the forthcoming referendum whether you Welsh deserve to be taken seriously and your grievances addressed’.

It looks as if a resounding Yes vote is vital, not just to get a more effective, more democratic system of government for Wales, but to get at least some of the extra cash we need to protect us in what promises to be a time of hardship.

Allan Little’s item (click here, 30 minutes in) on Welsh devolution that appeared on last night’s (April 26) BBC Ten O’Clock news was highly misleading and misrepresented the current debates about devolution in Wales.

Mr Little interviewed three people in the Vale of Glamorgan, all hostile to further devolution, including a teacher who referred to her class as being anti-devolution en-masse. This may have been representative of those to whom Mr Little spoke, but does not reflect broader public opinion, and the fact that his interviews were so unrepresentative suggests they were chosen with little care.  One of those interviewed was said to fear that further devolution would mean higher taxes.  However, no-one pointed out that there are no powers for the National Assembly to increase taxes, regardless of the result in the forthcoming referendum on primary law-making powers for the Assembly.

Mr Little also said that ‘many in Wales remain sceptical’ about further devolution. However, opinion polls consistently show strong support for enhanced forms of Welsh devolution (and declining support for both independence and abolition of the Assembly). This year, the BBC’s own St David’s Day poll showed that well over half (56%) the people surveyed were in favour of primary lawmaking powers for the Assembly. This compares with only a third (35%) who were against further devolution. Mr Little appears to have been unaware of work done by the Corporation on this very issue. 

South Wales was portrayed as being removed from ‘Welsh-speaking Wales to the north’, which is more supportive of Plaid Cymru and of ‘more autonomy for Wales’. South Wales, on the other hand, is said to be much more integrated into ‘Britain-wide’ political concerns’.  This is a grave over-simplification, and to the extent it was ever true is badly out of date.  Even in the 1997 referendum such parts of , South Wales as Blaenau Gwent, Bridgend, Caerphilly, Methyr Tydfil, Neath Port Talbot, Rhondda Cynon Taff and Swansea voted Yes, while such parts of the north as Wrexham, Flintshire, Denbighshire and Conwy voted No.

In any event, the suggestion that Plaid Cymru is the only party in favour of further devolution is erroneous.  All parties support the idea of a referendum, and in February this year the National Assembly voted unanimously in favour of holding a referendum on primary lawmaking powers for the Assembly.  All four parties in the Assembly – Labour, Liberal Democrats and Conservatives, as well as Plaid – supported the motion.  Labour and the Liberal Democrats are committed to campaigning for a ‘yes’ vote in that, as will many individual Conservatives (the party as a whole is committed to a ‘free vote’) .  As the opinion polling clearly shows, support for devolution in Wales is strong. 

On the language issue, the Welsh Language Board states that numbers of Welsh speakers are increasing throughout Wales, and the demand for Welsh medium education in Cardiff and other parts of south Wales shows that it is disingenuous to suggest that ‘Welsh-speaking Wales’ is confined to the north of the country.

Mention is made at the end of the piece of ‘many (in Wales) who want far-reaching change’. However, no representative of such advocates (including Tomorrow’s Wales) is given a chance to express their view, nor is that view articulated by the broadcaster.

It is disappointing that such an item was broadcast in view of the conclusions of the King report, and with political sensitivity currently heightened in Wales given the upcoming general election and the prospect of a referendum on the Assembly’s powers on the horizon. It reflected a badly dated and clichéd view of Wales and its constitutional politics, of the sort that might be expected from a correspondent ‘parachuting in’ with preconceptions which his inquiries did little to challenge.  As a result, this report and did a serious disservice not just to Wales, but also to the many staff of BBC Wales who have sought to report Wales’s developing politics fairly and accurately. 

These are important times in Wales.   Not only is there a UK general election underway, but a referendum campaign may well take place this autumn.  We hope that the BBC’s coverage will reflect these factors from now on, and become more balanced and in tune with Wales as it now is.

The Assembly ‘has established itself as the effective Parliament of Wales’, says former key aide to Margaret Thatcher, Lord Brian Griffiths of Fforestfach.

In a speech to the Cardiff Business Club on Monday evening, Lord Griffiths highlighted devolution as one of the major issues facing Wales in the future.  

As well as arguing for a renegotiation of the Barnett formula as a matter of priority and for the granting of greater fiscal powers to Wales in the longer term, Lord Griffiths outlined how his experiences of discussing Welsh issues such as education in London have convinced him of the benefits of the Assembly, which has, he said, brought decision making closer to the people of Wales and led the way in the UK in responding to the recession. 

Lord Griffiths said:  

“Since 1997 the Assembly has been enthusiastically supported by all political parties and established itself as the effective Parliament of Wales. It is the symbol of the emerging political culture of the nation, is much closer to the electorate than Westminster could ever be, and has changed its structure.  

“Instead of being a beefed up version of a local authority as originally it started it has evolved into a competent legislature and to a separate executive supporting cabinet government. 

“The Assembly has improved significantly the quality of the debate over potential policy changes in areas such as education and health. “In some areas such as the speedy response to the recession it has led the way in the UK. Under the £48million Pro Act scheme companies on short term working can receive up to £4000 per employee, half as a wage subsidy and half as training subsidy in order to keep them employed. So far more than £24million had been extended to over 200 companies across Wales supporting 9200 jobs.

“(Public opinion has undergone) a remarkable turnaround in little over a generation. It is now unthinkable that we could return to the previous system of government in which a Secretary of State and two Ministers, not one of which need be Welsh, had complete control of policy in Wales.” 

Lord Griffiths also described how the All-Wales Convention’s report, which recommends that the National Assembly for Wales be given primary lawmaking powers, is backed by the five criteria set out in Tomorrow’s Wales’ Declaration for Welsh Democracy.

Tomorrow’s Wales has welcomed the Welsh Affairs Select Committee’s ‘Wales and Whitehall’ report, published today.

The report concludes that ‘Ministers and senior civil servants at both ends of the M4 need to be more coordinated, strategic and transparent in their development and delivery of devolution with a much higher priority given to awareness raising of Welsh devolution in Whitehall’ and raises concerns about the time taken for some LCOs to receive Whitehall clearance.

A spokesperson for Tomorrow’s Wales said:

“This report is clear evidence of why we need to move as quickly as possible to a clearer and less complicated devolution settlement.

“We believe that giving the National Assembly primary lawmaking powers would give us simpler, more effective government, and would avoid unneccessary conflict with Westminster.

“Keeping the present system would waste time, and bog the Assembly down in process and disagreement.”

The National Assembly last night voted unanimously to introduce a ban on the use of electric shock collars on dogs and cats in Wales.

The ban means that Wales is the first part of the UK to introduce such legislation under the Animal Welfare Act, with the RSPCA press officer Gethin Russell-Jones describing the vote as a ‘great day for devolution’.  

Two articles in two days about Wales in the London Guardian, one editorial and one by Michael White! What on earth’s going on?

The answer: they’ve heard the news that Welsh  public opinion is now swinging strongly in favour of proper law-making powers for the National Assembly. According to the editorial the swing from opposition to support for devolved government in Wales since 1979, little more than a generation, is ‘pretty spectacular’, and is excellent news. Michael White sees it as a sign that the ‘Miserabilist tendency in the national character is on the wane’. ‘Most Welsh voters think the legislation passed by the assembly in the form of LCOs, a kind of permission slip granted by the 2006 Wales Act, are too slow and clunky. They’re right.’

Thanks for the support, Guardian. But there’s a more important lesson to be learnt from the two-articles-in-two-days story, which is that the way to get London to take Wales seriously is for us to show we’re willing to take real responsibility for steering our own course. Which is exactly what granting primary law-making powers across a wide range of policy areas means.

The results of a BBC Wales/ICM opinion poll, published this morning, show increased public support for a Senedd with primary lawmaking powers.

When asked how they would vote in a referendum on whether the National Assembly for Wales should be given primary lawmaking powers, a total of 56% of those questioned said they would vote Yes, with 35% saying they would vote No.

BBC Wales Political Editor Betsan Powys said:  

‘The gap between those who say they would vote yes and no in equivalent BBC/ICM polls over the past three years has grown from 7% in 2008, to 13% last year and this year reaches 21% - a significant margin in favour of a yes vote.’

The result builds upon public support shown in polling by both the All Wales Convention and YouGov, and is the latest evidence of an upward trend in favour of having an Assembly with the right tools to do the job.

Cymru Yfory Executive member Alan Trench, speaking to the Western Mail, said:

‘It’s very encouraging and confirms our view that the public realise how unworkable the current devolution settlement is’.

For more on the poll results, see Betsan Powys’ blog and WalesHome.

ICM research conducted a total of 1,000 interviews with adults in Wales aged over 18 by telephone between February 19 and February 23. Interviews were conducted across Wales and the results have been weighted to the profile of all adults in Wales.

The Affordable Housing (now Sustainable Housing) LCO saga continued at the Senedd yesterday, as Conservative AMs voted against approving the Draft Sustainable Homes LCO, despite two weeks ago having voted in favour of a referendum on the devolution of these powers and more to the National Assembly.

Once again we saw evidence of how the LCO process creates conflict, and blurs the boundaries between the principles of which powers should be devolved and the policy intentions of the Measures that would then be drawn up using those powers (in this case, the inclusion of the power to suspend the right to buy in areas of housing shortage was at the root of the opposition to the LCO). 

The LCO however was approved, and now needs to be passed at Westminster.  With a General Election looming the timescale for this is short. For a perspective on whether the LCO will survive the pre-election ‘wash-up’, see this post on the Syniadau blog.