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For many the big vote tomorrow will be the Barnsley by-election and what it says about the current standing of the government. For people in Wales though it’s the big referendum and whether we want the Welsh Assembly to have greater law making powers
For such a major step in governance of the country – sorry principality – there has been very little activity from what i have seen or experienced. A couple of people standing in the high street with a few sorry looking balloons has been about it. Even trying to find out exactly what the referendum means for the people is not that easy.
Trying to understand what the referendum means.
But let’s take a rough stab at it. As I understand the Welsh Assembly has devolved powers in about 20 areas. The ones that interest me are environment – including agriculture and fishing – and housing. As I understand it, if the assembly wanted to make a law in one of those areas they have to go and get authorisation from Westminster to allow them to make that law in the Senedd – the Welsh government.
A recent example of this is with wales requiring all new homes to now be built with a fire sprinkler system installed. The Senedd would have asked Welsh Secretary to give it powers to require new homes to have sprinklers and she would then place the request before Parliament for discussion. Once it had passed the Senedd could then put together legislation for the requirement for fire sprinklers. Once the law making decision has been passed to Wales for that matter then they do not have to go back to Westminster if they want to amend the legislation. So at some time in the future the Senedd could amend or scrap the law concerning sprinklers without having to go through the process of submitting to Parliament. That is my understanding of the current situation. What the referendum will do – if passed – is allow the Senedd to make laws within it’s 20 areas of devolution without having to refer it to Westminster. It’s hoped that by having this law making power the Senedd could operate in a smoother and more efficient way.
Concerns over the lack of second chamber.
The biggest problem though is that there is no second house in the Welsh Assembly. this means there is no counter to bad law making. There’s no review of legislation before it becomes law. That could cause a problem. An example of this would be the current case of the Senedd wanting to bring in a law of presumed consent for organ donation – or snatching depending on your point of view. The Senedd want automatic inclusion of people on the donor scheme with an opt out facility but Westminster views this as being in breach of Human rights and the current situation of opting in to the donor register is the best way. If the referendum gives a yes vote then the Senedd will be able to impose their presumed consent legislation. This could then mean at some stage in the future that the Senedd’s decision could be challenged in the European Courts and that could cost the Welsh Assembly a great deal of money.
It may be that having law making powers devolved to the Senedd would be beneficial from a wildlife and environment point of view. At the moment there is a consultation going on about marine conservation around the Welsh coast. It would be good if the Welsh government could make any decisions relating to protecting the coast and coastal waters without having to refer back to Westminster.
During the protests about the selling off of the Forestry Commissions lands in England highlighted the benefits of being in Wales. The Welsh forests were not gong to be sold off, forestry is a devolved matter which the Senedd has law making powers for. The 38% of Welsh woodlands that are owned by the Welsh assembly were never going to be sold off.
Current situation can cause problems.
Does it really make a difference if Wales votes yes or no tomorrow? Well it could do. Let’s take another quick look at that plastic bag tax that will be in place probably by May. From may every time you use a single use plastic bag you will be charged a tax or levy. This was brought in under the devolved powers under the Climate Change Act. However while it has law making powers to introduce compulsory charges for plastic bags it does not have the power to legislate where that charge goes. So it is hoping to encourage shops who have to make the charges will donate it to environmental causes voluntarily.
It is, of course, debatable whether the Senedd would be able to tell shops were to spend the compulsory charges anyway as the referendum does not provide for tax raising powers.
The YES vote is probably best.
The likelihood is that I will be voting yes tomorrow. With the numbers of Welsh MPs due to be reduced in the upcoming boundary changes I think it’s only right that the Senedd should have greater powers to run the affairs of Wales.
