The next steps for reforming the Senedd

In September, the Committee on Senedd Electoral Reform published a report that recommended a wide range of reforms to the Welsh Parliament’s arrangements, including increasing the number of Members of the Senedd, adopting a new electoral system, and implementing measures to improve diversity. In this post, Michela Palese summarises the key recommendations and reflects on the likely next steps.

Reform of Wales’s legislature has been on the political agenda for many years. Earlier this year, the first phase of reform led to the extension of the franchise to 16- and 17-year olds; to changing the name of the Welsh Assembly to the Welsh Parliament/Senedd Cymru and of its members to Members of the Senedd (MS); and to changes around electoral administration. These reforms were part of the Senedd and Elections (Wales) Act 2020, which became law on 15 January.

Another area of reform, which has yet to be taken forward, is the size of the legislature itself. Constitutional developments in Wales, particularly following the Wales Act 2017, have meant that the Welsh legislature has acquired new, primary law-making powers, including in relation to its size and electoral arrangements, and is now recognised as permanent within the UK’s constitutional settlement, alongside the Welsh government. The 2017 Act also moved Wales from a conferred powers model of devolution (an anomaly in the UK’s set-up) to a reserved matters model similar to that of Scotland, as recommended by the Unit in 2016

These significant new legislative powers have not been matched, however, by an increase in the number of members of the legislature (hereafter, MSs or Members of the Senedd, though note their name was Assembly Members/AMs until May 2020), which have remained at 60. 

There has been much, long-standing debate around this issue – it is broadly accepted that 60 MSs are insufficient to carry out the important legislative and scrutiny work of a fully-fledged parliament, with its own committee system, particularly if one considers that 14 MSs (around 23% of the total) are part of the executive.

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Five key questions about coronavirus and devolution

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The coronavirus is a once in a generation event that has required an almost unprecedented response from government at all levels, from Westminster to West Lothian. Akash Paun argues that it has raised five crucial questions about the politics of devolution at a time when efficient and effective intergovernmental relations are crucial. 

Coronavirus has hit all parts of the UK and has required a comprehensive response by government at all levels – central, devolved and local. The crisis has raised (at least!) five big questions about devolution, intergovernmental relations and the politics of the Union:

  • Does the crisis show that the UK and devolved governments can cooperate effectively?
  • To what extent does devolution enable policy divergence between the UK nations?
  • How is the crisis affecting the operation of the devolved institutions themselves?
  • How is the pandemic response being funded – and with what impact on devolution?
  • What might this period mean for wider constitutional debates and the Union?

It is too early to give a definitive answer to any of these questions. But developments over the past few months already point to some preliminary conclusions, as well as identifying important lines of investigation for future research.

The UK and devolved governments can work together – at least in a crisis

One important finding, as the Institute for Government (IfG) recently concluded, is that the UK and devolved governments have shown the ability to work together well at various points over the past three months. Given the many disputes over Brexit, the Union and other matters in recent years, and the underlying weaknesses of the UK’s system of intergovernmental relations, it was far from a foregone conclusion that the different administrations would be able to cooperate at all.

But credit should be given where it is due. In early March, the UK and devolved governments published a joint Coronavirus Action Plan – a rare sighting of a government policy paper that was co-branded by the four administrations. There was close working too on the Coronavirus Act, which was drafted with significant devolved input before being passed at Westminster with devolved consent under the Sewel Convention. And devolved leaders participated in meetings of the COBRA emergency committee throughout this period, helping to ensure that major announcements, not least the imposition of the lockdown in late March, were coordinated between the capitals. Continue reading