Is ‘the next Welsh devolution referendum’ worth it?

We all know the difficulties of the current devolution settlement for Wales. It’s difficult and time consuming and it’s a tribal battle between the pro-devolutionists in the Bay and the anti-devolutionists in Westminster. What I have noticed lately is that the Welsh Affairs Select Committee is now taking their role rather more seriously, remaining true to the spirit of the settlement.

Many see the WASC as a barrier towards Welsh self-determination. I now see it as a competent ‘upper house’ of the National Assembly of Wales. That is not its true role and there are constitutional difficulties surrounding such an arrangement, but it means that potential Welsh primary legislation is exhaustedly reviewed. This can only be of a benefit to the people of Wales, even if we have to learn to be patient.

The current settlement does enlighten some of the shortcomings of a post referendum age. Have the members of the Assembly learned how to scrutinise legislation and the government properly? There has been criticism of some of the secondary legislation passed by the Assembly. Additionally, there have been some notable events where senior Government ministers have refused to appear before Assembly Committees. Should the committees have the power of subpoena?

Secondly, should the Assembly have an upper house? The political answer would obviously be no. It would be impossibly difficult to sell the idea of more politicians to the people of Wales. But a second house would be an ideal way of bringing in experts to review draft legislation in detail.

To return to the original question, is the next referendum worth it? The referendum as put in the Government of Wales Act 2006 asks whether to remove the process where the Assembly has to request competency from Parliament in fields or matters in order to pass primary legislation. This referendum does not make any fundamental changes. Over time the WASC will enable the Welsh Assembly to legislate in all fields allowed under the 2006 act.

Should we start to consider another act of Parliament that would enable the devolution of further powers? Many people have ideas for further devolution in fields that would be more appropriately managed from Wales. Today, the most talked about issues are devolution of certain elements of the justice system, including the Prison Service and Youth Justice. The devolution of Youth Justice would open the door for further devolution of Criminal Justice and this would start to separate Wales from English law. Can our legislature cope?

Fundamentally, if Wales became independent when we all wake up tomorrow morning, the country would cope because it would have to cope. But that’s not my point. What I want to know is whether Wales has the tools, the institutions and the processes to manage our own affairs competently? As devolution quite rightly continues, there is much at stake for Wales.