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Power transfer to Cardiff Bay should be 'all at once'

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18th November 2009

There should be a wholesale transfer of power from Westminster to the National Assembly for Wales, according to a new report.

Today the All Wales Convention, chaired by Sir Emyr Jones Parry, formally presented its report on the future governance of Wales to first minister Rhodri Morgan and deputy first minister Ieuan Wyn Jones at the Senedd in Cardiff Bay.

It concluded there is "substantial advantage" in transferring powers all at once rather than the current arrangements, where powers are transferred step by step with the approval of the UK Parliament.

"Transferring powers all at once would offer greater efficiency, permit a more strategic approach to the drafting of the legislation, provide greater clarity and be more consistent with the rule of law and democratic tradition," the report concluded.

Compiled by the chair and a 16-strong executive committee, the 130 page report contains recommendations include creating a 'one stop shop' where lawyers and members of the public can access an up to date record of the law that applies in Wales.

The report also called for a reduction of the "bureaucratic load" on local authorities, and a more sustained effort with regards to scrutiny of laws that apply in Wales.

The all at once option to transfer of powers would only come into effect if there were a 'yes' vote in a referendum on the issue.

"The question at the heart of the debate was complex and it soon became clear that it wasn't well understood at all," Sir Emyr said.

"It was important that people were aware of what was on the table - we were not talking about the scale of law-making powers afforded to Scotland.

"The National Assembly for Wales would, in the event of a successful referendum, only be entitled to increased powers across the 20 defined areas of Welsh life set out in the Government of Wales Act 2006."

Sir Emyr said the report was the result of "one of the most wide-ranging and exhaustive public consultations of its kind and the people of Wales have spoken".

The report found that current arrangements for giving the assembly law-making powers through legislative competence orders or LCOs were seen as cumbersome and slow.

The parallel route for giving the National Assembly powers through framework provisions in UK Parliamentary Bills was seen to be problematic.

Although potentially quicker than the LCO route, this process was seen as being subject to less scrutiny than LCOs, and most importantly not scrutinised by the National Assembly at all.

"Having the powers all at once offers distinct advantages, and can only be obtained through a 'yes' vote in a referendum," Sir Emyr said.

"If that happened, it would give particular legitimacy to the National Assembly for Wales."

He added that if a referendum is to go ahead before the May 2011 assembly elections, a decision should be taken on whether to call a referendum ideally no later than June 2010.

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