A few people have asked me to explain what the Assembly Powers Referendum is all about in a biased and simplest way as possible – A Hard job!
I was pleased when our MP Glyn Davies copied me in to an email this week, as I think this achieves the above objectives!
Here goes:
Firstly there must be an understanding of the Government of Wales Acts of 1998 and 2006.
In the 1998 Act, competence (power) was granted to the new National Assembly for Wales in 20 policy areas only – health, education, agriculture, environment, culture etc. However the Assembly could not create ‘primary law’. It could only implement ‘secondary law’. Trying to explain this would be too confusing for the purposes of this email. Until 2006, the Assembly’s power was derived from the 1998 Act, and thereafter by what are called ‘framework powers’. – new ‘secondary’ powers included in any new Act passed into law at Westminster after 1998. An example of this would be a clause in a new Health Act at Westminster promoting a range of issues about prentative care stating that “all powers relating to illness prevention in Wales will be granted to the National Assembly”. However no powers outside the original 20 policy arears could be devolved.
The 2006 Act granted power to the National Assembly to make primary law itself for the first time – but only in specific areas asked for by the Assembly and then granted by Westminster. But the process of transfer of these powers is so complex that very few people understand how it works. In effect primary law making powers are being transferred to the Assembly ‘bit by bit. Again it must be noted that no powers outside the original 20 policy areas can be devolved.
The referendum on March 3rd, asks whether the people of Wales are in favour of transferring the primary law making powers that are currently being transferred ‘bit by bit’ all in one go. Again it must be noted that no powers outside the original 20 policy areas can be devolved.
The above will spawn lots of secondary questions which I would be pleased to answer. However, I have sought to limit my explanation to the absolute essential. The more I write, the more confused the issue will become.
So there goes!
Posted by russellgeorge 
