Whilst all the coverage surrounding Welsh devolution first ten years surrounds its achievements, I think the real question is when should we move to primary law making powers.
The 1997 referendum, and the subsequent National Assembly which was set up 10 years ago, wasn’t devolution at all. The system which was set up merely democratised the existing powers of the Welsh Office. Instead of having a Secretary of State (often a non Wales based MP) with sole command, responsibility was awarded to 60 politicians directly elected by the people of Wales. Arguably the great mistake of the 97 referendum yes campaign was to play solely on national fervour rather than point out that the real result of a Yes vote in 97 would have been to democratise powers that were already in the hands of the Secretary of State. How could anyone vote against that?
The 2006 Act, although lacking in any real ambition in terms of moving the constitutional question forward with its cumbersome and convoluted system of transferring the ability to pass law to the National Assembly, did set some pretty important precedents. Firstly, the Executive was formally split from the legislature. Wales now has a Government of its own with a distinct legislature. The Act also via the LCO system, does allow the National Assembly to pass laws put forward by the Executive or backbench AMs. The Petition system also allows an innovative form of participatory democracy whereby the people of Wales can effectively present their own laws to the legislature. Although the 2006 Act therefore was a wasted opportunity, constitutionally it was a significant step forward with enormous ramifications for Welsh democracy.
With that in mind moving forward to Part 4, whereby the National Assembly would have powers to pass laws within current devolved fields is a no-brainer. The real argument is not as the All Wales convention is presenting it in terms of step by step as opposed to a all in one go approach; but rather do you want a complicated system that just doesn’t work or a system whereby the Welsh legislature can pass laws without the London veto. Again who (apart from self interested MPs) would want to vote for the current arrangements?
Although a commitment to hold a referendum before 2011 is a key plank of the One Wales Plaid – Labour coalition agreement, Labour in typical party interest have an agreed position of supporting Part 4, but after 2011. This will enable them to keep their warring factions united whilst enabling them to portray that they managed to stitch up Plaid.
With the onset of a Tory landslide next year, with possibly Labour in opposition for at least three terms at UK level, they have to decide whether they want to be at the mercy of a Tory dominated House of Commons interfering in the Government of Wales’ conflicting programme or are they going to bite the bullet and put the communities of Wales first. The way in which Labour MPs on the Select committee have deliberately skewed the LCO system only serves to indicate the chaos a Tory dominated Welsh Affairs Select Committee could have on the democratically mandated WAG programme.
When the gun for the Labour leadership election in Wales finally blasts off, this is the only real important question. It would be a travesty if Huw and Carwyn (and hopefully Edwina) were allowed to side step an issue they will all be desperately trying to avoid talking about in order to avoid party splits.
As for the question when should we move to Part 4; the triggers have to have gone through before the General Election leaving a referendum vote to be held on the date of the next National Assembly elections.