Consultation on the note of issues raised
at the Committee on Senedd Reform’s stakeholder event on the
capacity of the Senedd:
Response from an individual via online questionnaire –
February 2020
Issue 1: Size of the Assembly
Extract from note: There was general consensus that the
Assembly does not have the capacity it needs, and that this
presents challenges for scrutiny and democratic accountability.
Some participants noted that the Assembly has responsibility for
many of the issues which affect people most in their daily lives,
but that once members of the Welsh Government and the Presiding
Officers had been taken into account, only around 45 Members are
available to undertake the Assembly’s scrutiny functions.
While there was consensus that scrutiny is generally of a good
quality, some participants felt it was inevitable that without
increased capacity, the Assembly would miss significant issues
which should be subject to scrutiny. There was general support for
an increase in the size of the Assembly. Some participants
suggested that an increase should be towards the upper end of the
Panel’s proposed bracket of 80-90 Members to future-proof the
institution and avoid further adjustments being required in the
foreseeable future.
Response: agree with the assessment
above. The National Assembly has done tremendously well to absorb
and adapt to a great deal of constitutional change that involved
both significant structural changes but also a broadening and
deepening of its powers and competencies. It has done so by
strengthening the provision supporting the work of the Assembly
Members and the work of committees. However, at the core of the
representative Welsh democracy should sit the quality of
deliberation done by its elected representatives. This deliberation
should be driven and enriched by politicians and only supported by
officials, experts and civil servants. Evidence has pointed out
that by any measure (see the regional authority index for
instance), the Assembly's size is under what international
benchmarks show as standard floor capacity. And even though the
Assembly has a track record of versatility and fast institutional
learning, the challenges it faces in the next few years are
inseparably more complex and problematic than ever before (Brexit,
nationalist populism in and from England, devolution of justice,
etc). The Expert Panel's compelling evidence and arguments for a 90
Member Assembly should be taken into real consideration.
Issue 2: Role and responsibilities of the Assembly
Extract from note: The role of the Assembly has changed
significantly since it was established in 1999; in particular it
now has law-making and taxation responsibilities. Brexit and the
recommendations of the Commission on Justice in Wales that justice
and policing should be devolved may result in further changes.
Participants noted that the establishment of the Assembly, and
subsequent changes to the devolution settlement, had been
controversial, but that support for devolution had increased. There
was general consensus that it was important to help the public to
understand that the Welsh Government and Assembly take decisions
which directly affect people’s lives, and that such decisions
must therefore be properly and effectively scrutinised by Members
who have the skills, time, capacity and expertise to do so. The
lack of media focus on the Assembly was regarded by some
participants as a major concern. It was felt that good work
sometimes went unnoticed, and that Members may be aware that they
work in a parliamentary environment which is subject to less
scrutiny than other UK legislatures. Some participants suggested
that the media, both at Welsh and national levels, could do more to
explain the work of the Assembly and why more Members are
needed.
Response: The above is a fair
statement. The Assembly is essentially a very institution to that
established in 1999. All main functions of the Assembly (scrutiny,
law making, tax raising and representation) are likely to be tested
in the next few years by Brexit, devolution of justice and the
changing nature of the Union. However, I would like to raise
another point here. This is linked with the representational role
of the Assembly. One of the main challenges in the Assembly
deploying this role is tackling the endemic information deficit,
political disaffection and disenchantment. This makes Welsh
devolved democracy vulnerable. Sentiments around the Assembly
operating in a 'Cardiff Bubble' are counter to the devolution
aspirations of inclusivity and shaping a new kind of politics in
Wales, essentially different from Westminster. Antidevolutionist
sentiments capitalising on the media and information deficit in
Wales may prove real challenges in the future.
Issue 3: Assembly
Committees
Extract from note: Participants felt there were severe
limitations on the time available to Members to prepare for formal
Assembly business, to engage with the evidence and available
expertise, and to reflect on the matters they are scrutinising.
Participants suggested that smaller parties struggle to take up
places on all Assembly committees and that larger parties find it
difficult to fill all of the committee places allocated to them. It
was noted that the recent reduction in committee size had partially
alleviated the pressure of the number of places, but that it would
now be harder for Members to specialise in different aspects of
committee portfolios. This was felt to be exacerbated by the
breadth of committees’ remits. Participants suggested that
the breadth of remits was itself partly driven by the constraint
the Assembly’s size puts on the number of committees which
can be established. A further consequence of the breadth of remits
combined with a lack of capacity was felt to be an increase in the
number of short inquiries in place of longer, more detailed pieces
of work. Opportunities for postlegislative scrutiny and
horizon-scanning to anticipate areas of interest and importance
were also thought to be limited. Some participants were concerned
that scrutiny of Government decision-making tended to be
retrospective, limiting the opportunities for Members and
committees to influence and shape Government policy. The constraint
on strategic and creative thinking was felt to lead to missed
opportunities to set the agenda and influence policy, spending and
legislation, as the time required to prepare for and attend
committee and Plenary meetings limited the time available for
creative political thinking or the development or consideration of
alternative options. There was also some concern about whether the
range of organisations and individuals from whom committees take
evidence is sufficiently broad. Some participants observed varying
levels of expertise among committee members in relation to the more
technical aspects of scrutiny, and were concerned that committee
activity was being led by the skills and knowledge of the
supporting officials. Participants recognised the technicality and
complexity of some of the issues Members consider, including
primary and secondary legislation and detailed Government policy
proposals. This contributed to concerns about the level of turnover
of committee memberships, which participants felt could hinder
Members’ ability to build up expertise upon which detailed
and probing scrutiny could be based, especially in technical areas
such as taxation. Some participants noted that constraints on the
time or capacity available for scrutiny could have a detrimental
impact on the Assembly’s capacity; for example, inadequate
scrutiny of legislation could lead to defective or ineffective
legislation requiring resolution by further policy or legislative
action and giving rise to additional scrutiny requirements
Response: Some fair
observations here. This is a typical case of structure vs.
strategy. The small size of the Assembly has constrained the
strategic choices available to the Assembly in what regards its
operation (of it committees for instance), and its focus
(legislative burden my take time away from committees that want to
engage in more 'out of the box' type of inquiries). It is generally
accepted that successful organisations let strategy determine their
structure - that is they can adapt and fine tune their structure
and operation according to their overall strategic intent.
Organisations that are constrained by their own limited capacity
(structures of resources) may be resilient, may be great at
streamlining and adapting, but ultimately their ability to set
their aspirations and goals at strategic level are hindered and
limited by size, for instance.
Issue 4: Engagement with the public and stakeholders
Extract from note: Participants felt that the majority
of Members’ time while on the Assembly estate was taken up
with formal Assembly business, with limited opportunities to
undertake formal Assembly business away from Cardiff Bay, or for
Members to engage informally or meet with stakeholders,
constituents, service users or others. Some participants noted that
the current capacity constraints are particularly acute for Members
representing the constituencies which are furthest from Cardiff
Bay, as a greater proportion of these Members’ time is spent
travelling. Concerns were expressed that access to Members might
sometimes be on the basis of personal relationships, rather than
the importance of specific issues or strength of argument.
Participants felt that if an increase in capacity reduced the time
pressures within the working week, or allowed Members to specialise
in particular policy issues, it could improve and increase the
quality and diversity of engagement. Participants also suggested
that constraints on Members’ time can limit the scope for
them to engage with each other on a cross-party basis. This was
felt to encourage a tribal culture within the institution and limit
the scope for working across party lines to build consensus and
think creatively about the issues facing Wales.
Response: The above is a fair
assessment as well. Pressure on Assembly members' time and on
committees may impede more meaningful engagement with a wider and
diverse range of stakeholders. With the franchise being extended to
16 and 17 year olds, more effort will need to be paid to make a
success of this and really galvanise young people to engage in the
democratic process. This is not only a matter for the individual
members but also an important matter for the Assembly collectively
and in fact for the entire Welsh political class and associated
political institutions (including at local level).
Issue 5: Assembly Commission staff support
Extract from note: Participants highlighted the role of
Assembly Commission staff in supporting scrutiny, especially
through the Assembly’s committees. They noted that while
staff support has been increased and is generally of a high
standard, it cannot substitute for Members having the time to
engage directly with the evidence and the issues, or for the
political perspective that only Members can bring. Some
participants noted that on occasion they had observed a lack of
experience or specific technical knowledge in the advice provided
to Members, which had been reflected in the approach to questioning
taken by Members in committee.
Response: A fair comment and
assessment. Official support cannot replace deliberation of
political elected representatives and they cannot over rely on
advice and support. A better integration of and access to experts
is something that can help, but again, ultimately, the democratic
deliberation will be influences both by how big the pool of talent
among members is (i.e. size) and by the calibre of those
members.
Issue 6: Comparisons with other legislatures and intra-party
scrutiny
Extract from note: Participants reflected on the size of
other UK and international legislatures, noting that the Assembly
appears undersized in comparison. Some participants suggested that
in a smaller legislature Members may be less likely to be critical
of their own party than members of larger legislatures, and argued
that a larger membership might allow for more scrutiny within
parties, as well as of the Welsh Government. There also were some
concerns that the regional list element of the current electoral
system might deter Members from criticising their own party if they
felt they had been elected in the name of the party rather than as
individuals.
Response: small number do
affect the nature and quality of relationships within an
organisation.
The respondent did not respond to the remaining extracts from
the note.