3. Statement by the Counsel General and Minister for the Constitution: Convention on our Constitutional Future

Part of the debate – in the Senedd at 3:21 pm on 13 July 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 3:21, 13 July 2021

Well, can I thank Darren Millar for the very positive and the very constructive statement he's made, and a lot of very valid questions that have been asked? The issue of reform and the delivery of services, which is an issue that frequently gets raised within this Chamber, is one where I think it is well recognised now that there are levers that we just don't have in order to actually fulfil some of the policies that we are actually elected upon. We've argued for a long time, for example, in justice areas—a whole range of areas that are within our responsibility where, for example, key levers just aren't with us. We look at the areas of youth justice, of probation and family. Those things would just so naturally fall within one umbrella where some of the levers are with us, but some of the key ones aren't. And there is a logic to further progress within those areas.

We've also looked at the area of the police on many occasions, and, of course, not only do we make a substantial financial contribution towards the cost of the police, and in addition towards community support officers—who, let us not forget, came in because of the reductions in police numbers, so we had to take that step—but when you discuss things like community safety and you realise that you don't have some of the key levers to engage with the police and in terms of the planning and the direction of community policing, then clearly there are real issues in terms of those particular levers.

There are also key levers in respect of funding that have an impact. We have lost substantial amounts of money in funding by virtue of our leaving the European Union, and that money not being replaced and coming back to this place, where it would fund a comprehensive programme of implementation in terms of our public policy objectives. So, clearly there are issues there that are very important, and are among some of the many issues that would be the substance of what we would want to see the commission discussing.

In terms of the timescale, I have delivered several lectures so far to talk about the general concept of the commission, and it seems to me that one of the objectives of the commission would be to try and complete work within about 18 to 24 months, but also to make a recommendation in terms of the establishment of a longer standing constitutional commission. Because, really, if they're going to come forward with a series of important recommendations and proposals, if they're able to build a consensus around key areas that could make governance within Wales better, then we need to have those carried through beyond that period of time. But the sort of citizens' commission that we're talking about at the moment would not be that particular body.

And, in terms of co-chairs, well, whether it's a chair and a vice-chair to support, or co-chairs, those are options that are there to consider how the responsibility of leading such a commission might be shared, how it might be shared with better gender balance and so on.

In terms of the issue of governance and devolution within Wales itself, I think one of the things it would want to look at certainly would be governance, not just in terms of this place, but in terms of local government, the decentralisation of policy, how governance might be better, brought closer to the people, more effective and so on. So, I think all those issues are issues I raised not so long ago within questions when I was asked about this as well.

And, in terms of an expert panel, well, of course, in considering options, it is necessary also to look at the hard data to actually form a proper evaluation to test and to probe some of the ideas that may be coming forward, some of the things that people might suggest. So, I think that is important.

In terms of the actual terms of reference, those are things I think that when we're able to identify a chair and vice-chair or co-chairs, and begin work in terms of drawing up a list of people that might be appropriate for the commission, that we will want to engage with those people in order to identify and develop what would be the sorts of terms of reference and what would be the mechanisms whereby the commission could go forward. So, as I said, the biggest challenge is going to be how we actually develop an engagement programme and how we actually put together a commission that is as diverse and representative as possible.

The Member asked what size; the size isn't absolutely fixed. I suspect it's going to be a commission of around nine to 11 people, so there are going to be obviously difficult choices. That is not an absolute, but that would seem to me to be the sort of operational structure that we would want to see established.

In terms of the conversation itself, well, you can't go out to the people of Wales and say, 'We're going to have a conversation about the future of Wales, the governance of Wales, the values of Wales' and to try and predetermine the parameters within which that can take place—that is in terms of excluding views that people would want to make. Because if you engage with people, they will come up with a whole variety of views, maybe things we've never thought of, but it is important that it is inclusive and that it is an open conversation, that it is a genuine conversation as well.