Making laws in Wales: from executive devolution to a reserved powers model
The way laws are made in Wales has changed more in the last 25 years than in any other part of the United Kingdom.
From the Assembly’s start as an institution making only secondary legislation, the Senedd has evolved into a fully-fledged legislature, passing primary legislation and setting Welsh taxes.
This article explores the different periods of law-making in the Senedd’s history and how it has developed over the last quarter of a century.
Executive devolution
The National Assembly for Wales was initially established as an executive body, with no division between government and legislature. It was able to make secondary legislation with powers granted to it under Acts of the UK Parliament.
Secondary (or subordinate) legislation is law created by Ministers (or other bodies) under powers given to them by a piece of primary legislation (such as an Act). The initial powers of the Assembly to make legislation were set out in a series of Transfer of Functions Orders (moving functions from UK Ministers) and in subsequent Acts passed by the UK Parliament.
This type of devolution limited the ability o
History of devolution
chat_bubble_outline Where can I find information about changes to Members, the voting system, and new constituencies for the election?
Law making and government in Wales has changed significantly over the years. Here is a brief overview.
Wales has its own native law-making tradition which can be traced back to the mid 10th century. Hywel Dda (Hywel the Good) is reputed to have overseen the codification and re-ordering of Welsh law during this period. However, the failure of the final great rebellion led by Owain Glyndŵr (c), a popular leader who organised parliaments in Machynlleth and Harlech, brought an end to native Welsh law.
During the reign of Henry VIII the Laws in Wales Acts and were passed. The Acts annexed Wales to the Kingdom of England. The Act extended English law to Wales, and specified English as the language of the law, though it established separate judicial structures for Wales in the Court of Great Sessions. There were 26 (rising to 27) Members of Parliament for Wales in the English Parliament.
When the United Kingdom was formed in , the English and Scottish Parliaments were dissolved and a new Parliament of Great Britain w
Senedd Cymru (Welsh parliament)
The Senedd Cymru (Welsh parliament) in Cardiff is the devolved legislature of Wales. It is unicameral, meaning that, unlike the UK parliament at Westminster, it only has one chamber.
Why was the Senedd created?
Senedd Cymru was originally created as the National Assembly for Wales in as part of the Labour UK government’s plans to devolve power to Scotland, Wales and Northern Ireland. Devolution to Wales was intended to allow for decisions on key services to be taken by “people directly elected by, and accountable to, Welsh voters”, and “above all else… provide a clear and distinctive voice for Wales”.12
The creation of the Welsh assembly was approved in a referendum in (in parallel with a vote in Scotland) with a slim majority of % of votes cast in its favour, on a turnout of %. Previous proposals for a Welsh assembly had been defeated in a referendum, with % of votes cast against the proposals.
The new assembly took on the executive functions previously held by the (central government) Welsh Office and had the power to make secondary legislation in those areas – that is, law created under powers given by specific acts of the UK parliamen
Senedd Cymru
Senedd Cymru (previously known as the National Assembly for Wales), was created by section 1(1) of the Government of Wales Act (GoWA ):
“There is to be an Assembly for Wales to be known as the National Assembly for Wales or Cynulliad Cenedlaethol Cymru.”
The Wales Act (WA ) inserted section A1 into GoWA which establishes the (now) Senedd Cymru and the Welsh Government as a permanent part of the UK’s constitutional arrangements.
Section A2 of GoWA , as inserted by the WA recognises a distinct body of Welsh law made by Senedd Cymru and the Welsh Ministers.
Senedd Cymru consists of 60 Members; 40 constituency Members elected on a first-past-the-post basis, and 20 regional Members elected by a form of proportional representation. The main function of Senedd Cymru is to pass Acts in accordance with its legislative competence as set out in section A of and Schedules 7A and 7B to GoWA
Another important function of Senedd Cymru is to hold the Welsh Government and other devolved Welsh bodies to account. Accordingly, Senedd Cymru may, as set out in section 37 of GoWA , call the Welsh Ministers and others
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