Notes on Law-Making and Devolution in Wales

Overview of Law-Making in Wales

  • Devolution: Process of transferring powers from the UK Parliament to the regions of the UK, particularly Wales.
  • Senedd Cymru: Known as the Welsh Parliament since 2020, it holds legislative and executive powers.

Historical Context of Welsh Devolution

  • 1998: Government of Wales Act established the National Assembly for Wales, allowing creation of secondary legislation in 9 areas.
  • 2006: Government of Wales Act enhanced powers to create legislation in 20 areas.
  • 2011 Referendum: Welsh people conferred primary law-making power, expanding areas to 21, covering health, education, transport, etc.
  • 2017 Wales Act: Introduced a reserved powers model where the Senedd can legislate on any matter not reserved to Westminster.

Current Powers of the Senedd

  • Law-Making Powers: Wales has primary law-making powers in 21 areas, including the ability to raise taxes.
  • Reserved Powers Model: Over 200 areas reserved for the UK Parliament include foreign affairs and defense.
    • Notable Exceptions: Includes control over Senedd election rules, voting age changes, and certain administrative areas.

Structure of the Senedd

  • Legislature: Comprises 60 Members of the Senedd (MSs).
    • Composition: 40 constituency members, 20 from electoral regions.
    • Role of MSs: Scrutinize bills through a process similar to that in the UK Parliament.
  • Legislative Process:
    • Public Bills: Can be introduced by the Welsh Government, a Senedd Committee, or an individual MS.
    • Stages: 1) Committee consideration, 2) Detailed scrutiny and amendments, 3) Full Senedd consideration, 4) Final vote.

Executive Structure

  • Welsh Government: Made up of representatives from the ruling party in the Senedd (currently Labour).
  • First Minister: Head of the Welsh Government, currently held by Vaughan Gething.

Future Developments in Welsh Law

  • Justice Commission: Established to develop a distinct Welsh justice system to enhance access, reduce crime, and promote rehabilitation.
  • Legislation (Wales) Act 2019: Aimed at improving accessibility of Welsh law and providing a framework for statutory interpretation of Welsh legislation.
  • Emerging Welsh Law: Increasing reference to "Welsh law" as unique legislation separate from UK law, with debates on the potential for a separate legal system for Wales concerning criminal justice.