6. Statement by the Counsel General and Minister for the Constitution: Interim Report of the Independent Commission on the Constitutional Future of Wales

Part of the debate – in the Senedd at 4:35 pm on 31 January 2023.

Alert me about debates like this

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour 4:35, 31 January 2023

I note the commission’s conclusion that there are,

'significant problems with the way Wales is currently governed', and that it has identified 10 immediate pressure points on the current settlement. Now, it’s interesting that these mainly relate to

'relations between the UK and Welsh governments'— a view that indeed chimes with some of our observations as a committee during our scrutiny of legislative consent memoranda. So, it's therefore welcome that, in the next phase of the commission's work, it will explore how these pressures could be addressed, and we'll watch that with interest.

One of these 10 pressure points is, in fact, the fragility of these inter-governmental relations. So, I welcome the commission's intention to take evidence on whether the new machinery, which was established only last year and—indeed, we remember on the committee the Counsel General coming in front of us and it was one of those rare occasions where we saw smiles and optimism that this was a good way forward, but we have yet to see how it will bed in and how effective it will be—that they will take evidence on whether this new machinery, established last year, is indeed improving relations between the Welsh and UK Governments.

In fact, Counsel General, we intend as well to undertake some work on this area of inter-governmental relations ourselves before the summer recess. But, as you know, much of our time is now focused on the scrutiny of legislative consent memoranda and Welsh Government legislation, so our opportunities to be proactive in this area are much more limited than we would like to see. Later this year, we may also have to contend, of course, with the scrutiny of statutory instruments arising from Retained EU Law (Revocation and Reform) Bill. So, we welcome the fact the commission is going to look at this.

I note also that the next stage of the commission’s work will include looking at options for reform of constitutional structures, and exploring with the people of Wales how they believe their country should be governed in the future. And, interestingly, Darren’s point here on devolution and empowering people, extending way beyond the Senedd, is a point well made. So, we will look with interest at what proposals they might come forward with in that respect. So, I look forward to considering the commission's final report and some of these points in particular, which leads me to the following questions, Counsel General.

First of all, how does the work of this commission, as it moves ahead, fit with Welsh Government's constitutional policy agenda? I guess I'm asking you to look forward a little bit and suggest to us what impact this might have in shaping your policy intention, going forward.

Secondly, how might the work of the commission help realise improvements that we know are needed to the Welsh Government's capacity to legislate as we've taken on additional powers, as we develop more legislation, as we legislate also, or seek to steer legislation at the other end of the M4, so, in fact, that we can rely less on that, less on Westminster, and so that legislation in devolved areas is predominantly made in Wales, by the Senedd, for the citizens who elect us for that purpose? Do you anticipate that the commission will actually look at how we can do more of 'legislated in Wales, for Wales'?

And, thirdly, how does the Welsh Government intend to engage with the UK Government on these issues? This is the big question that sits underneath this, particularly given concerns around inter-governmental relations over recent years. And, Counsel General, maybe I could ask you to speculate on how receptive you think the UK Government will be to you coming forward saying, 'We have some good ideas that have come forward; what do you think? Can we work together on this?'

My final point would simply be that I noticed in your statement that you referred to the fact that this constitutional analysis should be grounded, and the commission themselves have said it should be grounded, in the lives of those people whose lives are affected. I entirely agree, because that's what constitutional work should always be focused on: it's how better we and the institutions we have can serve the electorate, rather than some arcane debate. Grounded in people's lives. Diolch yn fawr iawn.