There was an exceptionally important debate in the National Assembly Chamber yesterday; despite its importance it probably won't receive much media attention.
It was a debate about work based training for vulnerable children. This might not be a subject that raises the blood pressure of political activists in Wales; indeed it was so uncontroversial that it was given unanimous support by Assembly Members.
The result of the debate will mean that the Government will change some of its policies regarding work based training for the most vulnerable children in Wales, but the importance of the debate is much more than the beneficial effect that it will have on the lives of vulnerable children; its importance lies in how vulnerable children, themselves, have actually caused a changed of Assembly Government policy.
The change in government policy began with two vulnerable children voicing their frustration to the child protection charity Action for Children - Gweithredu dros Blant. Gweithredu dros Blant took up the children's issues and presented them in a petition to the Assembly. The Assembly's cross party Petitions Committee looked at the petition, took evidence from interested parties and presented that evidence to ministers; and the ministers have acted on that evidence.
This is fantastic, this is real democracy in action, and this is an example of real people changing policy in areas that affect their lives.
Historic is an overused word in politics but an occasion where vulnerable children's complaints can lead to a change in government policy is really historic!
Petitions being ignored have played a big part in the Westminster government's history. I have signed some of the Petitions to the Prime Minister on http://petitions.number10.gov.uk/ and all of them have resulted in an e-mail that says in civil service speak "p*** off"!
Petitions to the Welsh Assembly, even from vulnerable children, can change government policy!
The Government in Wales reacts to the opinions of the people of Wales in a way that Westminster doesn't!
Is there a better reason for voting YES on March 3rd?
Showing posts with label Government of Wales Act. Show all posts
Showing posts with label Government of Wales Act. Show all posts
26/07/2010
Why not delay the referendum for now and have a substantial referendum in 2012?
Last week I was invited to be part of a focus group commissioned by the Electoral Commission to garner opinions about the wording of the prospective Assembly Powers Referendum.
There were about 20 people in the group from different backgrounds. Some of us were keen supporters of the Assembly others wanted the institution abolished, but all, apart from myself, were under the illusion that the referendum was about giving the Assembly the same powers that the Scottish Parliament has now. When it was explained that they were mistaken, that the referendum was just about the way that the Assembly gained powers and that the full powers could be gained, over time, even if the referendum produced a 100% No vote, all thought that the referendum was a complete waste of time and money.
The members of the group were all annoyed that they had come to the meeting with strong views on opposing or supporting enhanced devolution only to find that the discussion was about administrative tinkering rather than anything of substance.
Because of the current government's desire to equalize the size of Westminster constituencies the Government of Wales Act 2006, will have to be amended, because the said act insists that Westminster and Bay constituencies must be the same size. In amending the bill why not add an amendment to give the Assembly Schedule 7 powers without the need for a referendum, and have a referendum in a year or two's time on substantive Full Scottish Type Powers for the Assembly, which most people, from both sides of the argument, think that the part 4 referendum is about anyway?
There were about 20 people in the group from different backgrounds. Some of us were keen supporters of the Assembly others wanted the institution abolished, but all, apart from myself, were under the illusion that the referendum was about giving the Assembly the same powers that the Scottish Parliament has now. When it was explained that they were mistaken, that the referendum was just about the way that the Assembly gained powers and that the full powers could be gained, over time, even if the referendum produced a 100% No vote, all thought that the referendum was a complete waste of time and money.
The members of the group were all annoyed that they had come to the meeting with strong views on opposing or supporting enhanced devolution only to find that the discussion was about administrative tinkering rather than anything of substance.
Because of the current government's desire to equalize the size of Westminster constituencies the Government of Wales Act 2006, will have to be amended, because the said act insists that Westminster and Bay constituencies must be the same size. In amending the bill why not add an amendment to give the Assembly Schedule 7 powers without the need for a referendum, and have a referendum in a year or two's time on substantive Full Scottish Type Powers for the Assembly, which most people, from both sides of the argument, think that the part 4 referendum is about anyway?
20/09/2009
Referendum for young voters
The Scotsman reports that the Scottish Government has announced 16 and 17-year-olds are to be given a vote in the independence referendum it intends to hold next year.
As the idea of lowering the voting age to 16 has been supported by Liberal Democrat, Labour and Plaid AMs I wonder if they might consider lobbying for 16 & 17 year olds to be given the right to vote in the Government of Wales Act referendum.
As the idea of lowering the voting age to 16 has been supported by Liberal Democrat, Labour and Plaid AMs I wonder if they might consider lobbying for 16 & 17 year olds to be given the right to vote in the Government of Wales Act referendum.
21/07/2009
Scottish Powers v GoW2006 Powers
Being the first weekend of the school holidays I have been away taking the kids to visit their grandparents etc. On my return today I found a comment on my last post which is worth an in-depth answer, despite being posted by my friend Anonymous.
In my last post I mentioned the fact that many respectable commentators claim that a referendum held under part 4 of the Government of Wales Act 2006 would give Wales Scottish type powers, and noted that this was not true.
Anonymous responded by saying:
The major differences are discussed in academic detail in a Web Journal of Current Legal Issues article written by Nigel Johnson LLB, MSc (Econ), Principal Lecturer in Law at Sheffield Hallam University. The most pertinent point that he makes is:
So the simple difference is that the Scottish Parliament is told what it can't do, but the Welsh Assembly is told what it can do. The list of things that the Scottish Parliament can't do is fairly limited. The list of things that the Welsh Assembly can do is also fairly limited.
The Scottish Parliament can do whatever it likes regarding anything other than Social Security, International Affairs, Defence, Internal Security and European Issues etc
The Welsh Assembly, even after a referendum, would only have responsibility over partial issues regarding:
And even in these matters, would not be able to pass measures that effected the overall judicial unity of England and Wales in either criminal or civil judicial matters.
If a referendum was held and won tomorrow the Scottish Parliament could make abortion illegal, the Welsh Assembly couldn't (if either would wish to do so is besides the point. One could, the other couldn't). The Scottish Parliament could stop parents smacking children, the Welsh Assembly couldn't. The Scottish Parliament could imprison those who allowed their dogs to foul footpaths, the Welsh Assembly couldn't.
Scottish law is different to, not a part of and is independent to English law. Even under part 4 powers Welsh legislative powers will not be allowed to change the law of England-and-Wales. The Assembly will not be allowed to create a body of Welsh Law that is different to English Law. So The Assembly will have nothing close to, so called, Scottish powers!
To have parity with Scotland, to have Scottish Type Powers the National Assembly would have to be able to have control over the Welsh judicial system, both criminal and civil. That is not offered in the referendum clause. On the contrary it is specifically denied. The creation of a Welsh Legal System similar to the Scottish Legal System is not allowed under the GoW 2006 Act -So those who claim that the referendum is about Scottish Powers are either deluding themselves or deluding the people of Wales or both.
In my last post I mentioned the fact that many respectable commentators claim that a referendum held under part 4 of the Government of Wales Act 2006 would give Wales Scottish type powers, and noted that this was not true.
Anonymous responded by saying:
OK, then MOF, tell us what the differences are between Scottish parliamentary powers and GoWA2. I dunno.
The major differences are discussed in academic detail in a Web Journal of Current Legal Issues article written by Nigel Johnson LLB, MSc (Econ), Principal Lecturer in Law at Sheffield Hallam University. The most pertinent point that he makes is:
It is noticeable that Wales in this respect is not to follow the Scottish model, in which matters reserved to Westminster are specified and everything else is devolved. Instead the GWA 2006 adopts the defined functions model (Rawlings 2005, p 850) where the devolved powers are listed. The explanation given for this is that whilst Scotland is a separate legal jurisdiction. An important feature of the enhanced legislative competence of the Assembly is that it will legislate within a unified England and Wales jurisdiction
So the simple difference is that the Scottish Parliament is told what it can't do, but the Welsh Assembly is told what it can do. The list of things that the Scottish Parliament can't do is fairly limited. The list of things that the Welsh Assembly can do is also fairly limited.
The Scottish Parliament can do whatever it likes regarding anything other than Social Security, International Affairs, Defence, Internal Security and European Issues etc
The Welsh Assembly, even after a referendum, would only have responsibility over partial issues regarding:
Agriculture, fisheries, forestry and rural development; ancient monuments and historic buildings; culture; economic development; education and training; the environment; fire and rescue services and the promotion of fire safety; food; health and health services; highways and transport; housing; local government; public administration; social welfare; sport and recreation; tourism; town and country planning; water and flood defence and the Welsh language.
And even in these matters, would not be able to pass measures that effected the overall judicial unity of England and Wales in either criminal or civil judicial matters.
If a referendum was held and won tomorrow the Scottish Parliament could make abortion illegal, the Welsh Assembly couldn't (if either would wish to do so is besides the point. One could, the other couldn't). The Scottish Parliament could stop parents smacking children, the Welsh Assembly couldn't. The Scottish Parliament could imprison those who allowed their dogs to foul footpaths, the Welsh Assembly couldn't.
Scottish law is different to, not a part of and is independent to English law. Even under part 4 powers Welsh legislative powers will not be allowed to change the law of England-and-Wales. The Assembly will not be allowed to create a body of Welsh Law that is different to English Law. So The Assembly will have nothing close to, so called, Scottish powers!
To have parity with Scotland, to have Scottish Type Powers the National Assembly would have to be able to have control over the Welsh judicial system, both criminal and civil. That is not offered in the referendum clause. On the contrary it is specifically denied. The creation of a Welsh Legal System similar to the Scottish Legal System is not allowed under the GoW 2006 Act -So those who claim that the referendum is about Scottish Powers are either deluding themselves or deluding the people of Wales or both.
20/09/2008
Gwenllian's referendum.
I am confused about what the forthcoming referendum is going to be about. My understanding was that the referendum would be the one legislated for in Section 4 of the Government of Wales Act 2006, which will only give powers to the Assembly to legislate in those areas that it already has executive responsibility for.
However in an interview with the Total Politics magazine Plaid Cymru's Chief Executive says something slightly different:
What Gwenllian is saying is that if the Convention comes to the conclusion that the Assembly needs more powers than the Act currently offers, (over policing for example), or a different constitution to the present set up (more members, a different voting system etc) then THAT is what the referendum will be about.
If Gwenllian's interpretation is right then I would be much more supportive of the Convention and more enthusiastic about the referendum. If I am right then I think that the Convention and the referendum are a waste of time effort and money.
Is Gwenllian right or is this another example of Plaid over exaggerating what it can get from its pact with Labour in order to please its supporters, in the same way that it promised a daily paper but was only able to deliver a web page?
However in an interview with the Total Politics magazine Plaid Cymru's Chief Executive says something slightly different:
one of the points within the One Wales Agreement is the establishment of the All Wales Convention, which has just started work, and then having a referendum on its conclusions before 2011.
What Gwenllian is saying is that if the Convention comes to the conclusion that the Assembly needs more powers than the Act currently offers, (over policing for example), or a different constitution to the present set up (more members, a different voting system etc) then THAT is what the referendum will be about.
If Gwenllian's interpretation is right then I would be much more supportive of the Convention and more enthusiastic about the referendum. If I am right then I think that the Convention and the referendum are a waste of time effort and money.
Is Gwenllian right or is this another example of Plaid over exaggerating what it can get from its pact with Labour in order to please its supporters, in the same way that it promised a daily paper but was only able to deliver a web page?
18/03/2008
Not spluttering, not bovvered Glyn
Glyn can hear Alwyn and Alun spluttering . I don't know about Alun, but Alwyn doesn't splutter, Alwyn is a gentleman and gents don't do spluttering!
Why should I splutter? Because Glyn thinks that a referendum on additional powers for the Assembly should be delayed until 2015 and Glyn is going to tell Sir Wyn so!
I am not that bothered about the referendum. Because anybody who has read the Government of Wales Act (2006) should know that the referendum is a delaying tactic rather than a means of enabling Wales to have further powers.
The powers that the Government of Wales Act Referendum will give the Assembly are already available through LCO's, and will continue to be available if a referendum is held and lost tomorrow!
All that a yes vote in a referendum will do is make the system simpler.
A Yes vote won't give the Assembly further potential powers than it has now, a No vote won't stop the Assembly from gaining those powers. Rather than splutter at Glyn's 2015 proposal, or Hain's 2012 idea or UKIP's 2999 referendum date, my attitude is hold this waste of public expenditure referendum at your leisure, the result will be just clerical not constitutional.
The GoW Act is a statutory pissing competition - who gets pissed off with the convoluted system first; Westminster or Cardiff Bay? I suspect that London will lose in the end, but surely all will agree that the governance of our country (be it Wales or Britain) should be based on higher ideals than puerility!
Of course, I do have a problem with Plaid's attitude to the referendum. Adam Price has said that after the referendum is won Plaid will, at long last, accept that the next stage in the evolution of devolution will be campaigning for independence.
Why wait?
The 2006 GoW Act is on the statute book, all the powers are there for the asking, the referendum is an irrelevance, a delaying tactic, a clerical nuisance!
CAMPAIGN FOR INDEPENDENCE NOW!!!
Why should I splutter? Because Glyn thinks that a referendum on additional powers for the Assembly should be delayed until 2015 and Glyn is going to tell Sir Wyn so!
I am not that bothered about the referendum. Because anybody who has read the Government of Wales Act (2006) should know that the referendum is a delaying tactic rather than a means of enabling Wales to have further powers.
The powers that the Government of Wales Act Referendum will give the Assembly are already available through LCO's, and will continue to be available if a referendum is held and lost tomorrow!
All that a yes vote in a referendum will do is make the system simpler.
A Yes vote won't give the Assembly further potential powers than it has now, a No vote won't stop the Assembly from gaining those powers. Rather than splutter at Glyn's 2015 proposal, or Hain's 2012 idea or UKIP's 2999 referendum date, my attitude is hold this waste of public expenditure referendum at your leisure, the result will be just clerical not constitutional.
The GoW Act is a statutory pissing competition - who gets pissed off with the convoluted system first; Westminster or Cardiff Bay? I suspect that London will lose in the end, but surely all will agree that the governance of our country (be it Wales or Britain) should be based on higher ideals than puerility!
Of course, I do have a problem with Plaid's attitude to the referendum. Adam Price has said that after the referendum is won Plaid will, at long last, accept that the next stage in the evolution of devolution will be campaigning for independence.
Why wait?
The 2006 GoW Act is on the statute book, all the powers are there for the asking, the referendum is an irrelevance, a delaying tactic, a clerical nuisance!
CAMPAIGN FOR INDEPENDENCE NOW!!!
08/09/2007
I Want a Referendum
I'm not sure that I do, actually. I have a general problem with referendums, in that I feel that before any other referendum is called there should be a Referendums Act, that automatically triggers referendums in particular circumstances. That referendums should be called or not be called for political expedience, to me, appears abhorrent.
The referendum bit of the Government of Wales Act 2006 is a case in point. If the creation of the National Assembly was a sufficient constitutional change to merit a referendum, then the Government of Wales Act 2006 that gave the Assembly law-making powers for the first time should also have been the subject of a referendum, but it wasn't.
Under the present Act, Wales could become virtually independent by judicious use of LCO's without ever needing to call upon the referendum clause of the Act!
The Government of Wales Act 2006 says that we must have a referendum, not to give the Assembly extra powers, but merely to change the administrative way in which the extra powers it was given, without plebiscite, are exercised - which seems a bit silly to me.
This exemplifies the problem of referendums. Constitutional institutions change gradually. The EU that Britain is a member of today is not the EEC that we voted to join in 1976, there is no doubt that huge changes have happened in the last 30 years. If we didn't vote on other occasions when things changed there is no moral, historical or traditional reason for saying we must vote on the current proposed changes.
It appears to me that we have two choices, either we trust our elected representatives to legislate as they see fit without the need for further referendums - on any subject - ever, or we have a law that says that these changes must be decided by referendum whether it is convenient to our elected representatives to hold a referendum or not. The idea that referendums should be held on an ad-hoc basis for political convenience is just illogical.
Sorry, what was meant to be a link posting has turned into a sermon :-(
I want a referendum can be found here. Enjoy!
The referendum bit of the Government of Wales Act 2006 is a case in point. If the creation of the National Assembly was a sufficient constitutional change to merit a referendum, then the Government of Wales Act 2006 that gave the Assembly law-making powers for the first time should also have been the subject of a referendum, but it wasn't.
Under the present Act, Wales could become virtually independent by judicious use of LCO's without ever needing to call upon the referendum clause of the Act!
The Government of Wales Act 2006 says that we must have a referendum, not to give the Assembly extra powers, but merely to change the administrative way in which the extra powers it was given, without plebiscite, are exercised - which seems a bit silly to me.
This exemplifies the problem of referendums. Constitutional institutions change gradually. The EU that Britain is a member of today is not the EEC that we voted to join in 1976, there is no doubt that huge changes have happened in the last 30 years. If we didn't vote on other occasions when things changed there is no moral, historical or traditional reason for saying we must vote on the current proposed changes.
It appears to me that we have two choices, either we trust our elected representatives to legislate as they see fit without the need for further referendums - on any subject - ever, or we have a law that says that these changes must be decided by referendum whether it is convenient to our elected representatives to hold a referendum or not. The idea that referendums should be held on an ad-hoc basis for political convenience is just illogical.
Sorry, what was meant to be a link posting has turned into a sermon :-(
I want a referendum can be found here. Enjoy!
Subscribe to:
Posts (Atom)