Senedd
The Senedd, officially known as the Welsh Parliament in English and italic=unset in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, its role is to scrutinise the Welsh Government and legislate on devolved matters that are not reserved to the Parliament of the United Kingdom. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was officially known as the National Assembly for Wales and was often simply called the Welsh Assembly.
The Senedd comprises 60 members who are known as members of the Senedd, abbreviated as "MS". Since 2011, members are elected for a five-year term of office under an Additional-member system, in which 40 MSs represent smaller geographical divisions known as "constituencies" and are elected by first-past-the-post voting, and 20 MSs represent five "electoral regions" using the D'Hondt method of proportional representation. Typically, the largest party in the Senedd forms the Welsh Government.
A National Assembly for Wales was created by the Government of Wales Act 1998, following the result of the 1997 referendum. The Assembly initially had no powers to make primary legislation. Limited law-making powers were gained through the Government of Wales Act 2006. Its primary law-making powers were enhanced following a Yes vote in the referendum on 3 March 2011, meaning that the UK Parliament or the Secretary of State for Wales were no longer consulted when passing acts of the National Assembly for Wales related to the 20 devolved areas. These powers were further extended by the Wales Act 2014 and Wales Act 2017, with the latter moving the Assembly to a reserved powers model of devolution like that of the Scottish Parliament. In May 2020, the Assembly was renamed to "Senedd Cymru" or "the Welsh Parliament" when section 2 of the Senedd and Elections Act 2020 came into force. The Senedd's powers in economic matters are significantly restricted by the UK Internal Market Act 2020, a primary purpose of which is to constrain the capacity of the devolved institutions to use their regulatory autonomy. Matters devolved to the Senedd include health, education, economic development, transport, the environment, agriculture, local government and some taxes.
History
Road to devolution
Political movements supporting Welsh self-rule began in the late nineteenth century alongside a rise in Welsh nationalism. The Sunday Closing Act 1881 was the first legislation to acknowledge that Wales had a separate politico-legal character from England. The late 19th century saw the formation of a number of national institutions; a national and annual cultural event, the National Eisteddfod of Wales in 1861, the Football Association of Wales in 1876, the Welsh Rugby Union in 1881 and the University of Wales in 1893.In 1896, Education in Wales began to become distinct with the formation of the Central Welsh Board which inspected grammar schools in Wales and The Welsh Intermediate Education Act 1889 was brought about to "make further provision for the intermediate and technical education of the inhabitants of Wales and the county of Monmouth.", making the board responsible for inspection of secondary schools. In 1907, the Welsh department of the Board of Education was formed and in the same year, a Welsh Inspectorate was established for inspection of elementary schools in Wales.
The early 20th century also saw the continued formation of a number of Welsh national institutions; the National Library of Wales in 1911, the Welsh Guards in 1915 and the Welsh Board of Health in 1919. The Church in Wales came into existence in 1920 following the disestablishment of the Church of England via the Welsh Church Act 1914.
An appointed Council for Wales and Monmouthshire was established in 1949 to "ensure the government is adequately informed of the impact of government activities on the general life of the people of Wales". The council had 27 members nominated by local authorities in Wales, the University of Wales, National Eisteddfod Council and the Welsh Tourist Board. A post of Minister of Welsh Affairs was created in 1951 and the post of Secretary of State for Wales and the Welsh Office were established in 1964 leading to the abolition of the Council for Wales. The establishment of the Welsh Office effectively created the basis for the territorial governance of Wales. The Royal Commission on the Constitution was set up in 1969 by Harold Wilson's Labour Government to investigate the possibility of devolution for Scotland and Wales. Its recommendations formed the basis of the 1974 White paper Democracy and Devolution: proposals for Scotland and Wales, which proposed the creation of a Welsh Assembly. However, Welsh voters overwhelmingly rejected the proposals in a referendum held in 1979.
Following the 1997 general election, the new Labour Government argued that an Assembly would be more democratically accountable than the Welsh Office. For eleven years prior to 1997 Wales had been represented in the Cabinet of the United Kingdom by a Secretary of State who did not represent a Welsh constituency at Westminster. A referendum was held in Wales on 18 September 1997 in which voters approved the creation of the National Assembly for Wales with a total of 559,419 votes, or 50.3% of the vote.
The following year the Government of Wales Act was passed by the United Kingdom parliament, establishing the Assembly. On 1 July 1999 the powers of the Secretary of State for Wales were transferred to the Assembly and the Welsh Office ceased to exist.
In July 2002, the Welsh Government established an independent commission, with Lord Richard as chair, to review the powers and electoral arrangements of the National Assembly to ensure that it is able to operate in the best interests of the people of Wales. The Richard Commission reported in March 2004. It recommended that the National Assembly should have powers to legislate in certain areas, whilst others would remain the preserve of Westminster. It also recommended changing the electoral system to the single transferable vote which would produce greater proportionality.
In response, the British government, in its Better Governance for Wales White Paper, published on 15 June 2005, proposed a more permissive law-making system for the Welsh Assembly based on the use of Parliamentary Orders in Council. In so doing, the Government rejected many of the cross party Richard Commission's recommendations. This has attracted criticism from opposition parties and others.
Enhanced powers: The Government of Wales Act 2006
The Government of Wales Act 2006 received Royal assent on 25 July 2006. It conferred on the Assembly legislative powers similar to other devolved legislatures through the ability to pass Assembly Measures concerning matters that are devolved. Requests for further legislative powers made through legislative competence requests were subject to the veto of the Secretary of State for Wales, House of Commons or House of Lords.The Act reformed the assembly to a parliamentary-type structure, establishing the Welsh Government as an entity separate from, but accountable to the National Assembly. It enables the Assembly to legislate within its devolved fields.
The Act also reforms the Assembly's electoral system. It prevents individuals from standing as candidates in both constituency and regional seats. This aspect of the act was subject to a great deal of criticism, most notably from the Electoral Commission., although it was supported in the Richard Commission
The Act was heavily criticised. Plaid Cymru, the Official Opposition in the National Assembly from 1999 to 2007, attacked it for not delivering a fully-fledged parliament. Many commentators have also criticised the Labour Party's allegedly partisan attempt to alter the electoral system. By preventing regional Members from standing in constituency seats the party has been accused of changing the rules to protect constituency representatives. Labour had 29 members in the Assembly at the time, all of whom held constituency seats.
The changes to the Assembly's powers were commenced on 4 May 2007, after the election.
Following a referendum on 3 March 2011, the Welsh Assembly gained direct law making powers, without the need to consult Westminster.
Reserved powers model: The Wales Act 2017
The Conservative-Liberal coalition government created the Commission on Devolution in Wales, composed of members nominated by the 4 parties represented in the Welsh Assembly and several leading legal and political experts, to "create a lasting devolution settlement for Wales". Following the first set of recommendations by the Commission, the UK government announced in November 2013 that some borrowing powers are to be devolved to the Assembly along with control of landfill tax and stamp duty. Additionally the Wales Act 2014 provides for a referendum to be held on the Assembly's ability to set a degree of income tax, though there is a proposal for the requirement for a referendum to be removed.Both the UK and Welsh governments supported the Silk Commission proposal to move to a "reserved powers" model of devolution where the UK government would have specific "reserved" powers and the Welsh Assembly would have control of all other matters. This replaced the previous model where certain powers were "conferred" and all others were assumed to be powers of the UK national government. Since the passing of the Wales Act 2017, the power model in Wales has been in line with that of Scotland, being a reserved matter model.
The Wales Act 2017, based on the second set of recommendations of the Silk Commission, proposed devolving further areas of government, including some relating to water, marine affairs, energy, rail franchising and road travel.