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| Devolution plan is 'not thought through', warn academics | Devolution plan is 'not thought through', warn academics |
| (about 1 hour later) | |
| Wales could be left with an "unclear, highly complex and unstable" devolution settlement, academics have warned. | Wales could be left with an "unclear, highly complex and unstable" devolution settlement, academics have warned. |
| They say UK government plans to change the way powers are handed to Wales fall short of a pledge for a "clear, robust and lasting settlement". | They say UK government plans to change the way powers are handed to Wales fall short of a pledge for a "clear, robust and lasting settlement". |
| UK ministers have agreed to calls to clear-up what powers the assembly has, with details expected soon. | UK ministers have agreed to calls to clear-up what powers the assembly has, with details expected soon. |
| The report authors claim the policy has "many attractions", but has not been thought through properly. | The report authors claim the policy has "many attractions", but has not been thought through properly. |
| A Wales Office spokesman said the new Wales Bill would secure a stronger, clearer devolution settlement for Wales. | A Wales Office spokesman said the new Wales Bill would secure a stronger, clearer devolution settlement for Wales. |
| The report, by the Wales Governance Centre at Cardiff University and the Constitution Unit at University College London, looked at proposals to set up a so-called reserved powers model of devolution, similar to the one that exists in Scotland. | |
| In Wales, a conferred powers model lists the responsibilities the assembly has. | In Wales, a conferred powers model lists the responsibilities the assembly has. |
| In Scotland, all policy areas are assumed to be the responsibility of the parliament in Edinburgh, unless specifically reserved by Westminster. | In Scotland, all policy areas are assumed to be the responsibility of the parliament in Edinburgh, unless specifically reserved by Westminster. |
| The Welsh government said it would be easier to understand how devolution works if Wales had a reserved powers model too. | The Welsh government said it would be easier to understand how devolution works if Wales had a reserved powers model too. |
| It would also avoid legal tussles over the extent of the assembly's powers, ministers claim. | It would also avoid legal tussles over the extent of the assembly's powers, ministers claim. |
| The Conservatives have committed to delivering reserved powers through a Wales Bill. | The Conservatives have committed to delivering reserved powers through a Wales Bill. |
| Draft legislation is expected during the autumn. | |
| Reserved powers vs conferred powers | Reserved powers vs conferred powers |
| When Wales decided it wanted its own assembly in the 1997 referendum, ministers and MPs in the UK Parliament drew up a list of every power that would be passed to the new body. | |
| For health and education in Wales, details were drawn up of what laws would be under the control of Cardiff Bay, as well as those that would stay in the hands of UK ministers. | |
| This is the conferred powers model. | This is the conferred powers model. |
| Under a reserved powers model it is assumed the assembly and its government hold all powers, unless the UK government says otherwise - for example over defence, welfare benefit rates, or setting a minimum wage. | Under a reserved powers model it is assumed the assembly and its government hold all powers, unless the UK government says otherwise - for example over defence, welfare benefit rates, or setting a minimum wage. |
| The report, being unveiled on Thursday, said decisions about which powers are reserved by Westminster should be based on "wider principles about how a devolved UK should work". | The report, being unveiled on Thursday, said decisions about which powers are reserved by Westminster should be based on "wider principles about how a devolved UK should work". |
| "Another ad hoc political bargain underpinned by short-term considerations will not produce a robust, stable and lasting settlement," it warns. | "Another ad hoc political bargain underpinned by short-term considerations will not produce a robust, stable and lasting settlement," it warns. |
| Prof Richard Wyn Jones from the Wales Governance Centre said: "The problem that we've identified with the proposals is that frankly the Wales Office haven't then thought this through properly. | Prof Richard Wyn Jones from the Wales Governance Centre said: "The problem that we've identified with the proposals is that frankly the Wales Office haven't then thought this through properly. |
| "They seem to be suggesting a model of devolution which is actually going to be convoluted rather than clear, which is going to be unstable rather than robust and which frankly doesn't really stand much of a chance of lasting very long." | "They seem to be suggesting a model of devolution which is actually going to be convoluted rather than clear, which is going to be unstable rather than robust and which frankly doesn't really stand much of a chance of lasting very long." |
| Assembly Presiding Officer Dame Rosemary Butler said the report "chimes closely with my own vision for what a move to reserved powers should achieve - a clearer, more workable devolution settlement for the people of Wales". | |
| A Wales Office spokesman said: "The Wales Office will continue to discuss the draft Bill with the Welsh government and other interested parties as we move towards publication. | A Wales Office spokesman said: "The Wales Office will continue to discuss the draft Bill with the Welsh government and other interested parties as we move towards publication. |
| "But the secretary of state has made clear that under no circumstances will he publish legislation that creates a pathway to independence." | "But the secretary of state has made clear that under no circumstances will he publish legislation that creates a pathway to independence." |
| Analysis by Vaughan Roderick, BBC Welsh Affairs Editor | Analysis by Vaughan Roderick, BBC Welsh Affairs Editor |
| The academics' fears that the UK's latest devolution proposals won't provide a clear and lasting settlement for Wales are shared at the highest levels of the Welsh government. | The academics' fears that the UK's latest devolution proposals won't provide a clear and lasting settlement for Wales are shared at the highest levels of the Welsh government. |
| Officials and ministers fear the proposals would actually weaken rather than strengthen the assembly's powers. | Officials and ministers fear the proposals would actually weaken rather than strengthen the assembly's powers. |
| At the heart of the problem is the difficulty of crafting a lasting settlement while Wales and England share a common legal system - an issue the academics claim the Wales Office has failed to tackle in drawing up the proposals. | At the heart of the problem is the difficulty of crafting a lasting settlement while Wales and England share a common legal system - an issue the academics claim the Wales Office has failed to tackle in drawing up the proposals. |
| Privately, Welsh government sources say they regard the current proposals as unacceptable, while some AMs suggest the assembly should refuse its consent for the bill to be tabled in Westminster. | Privately, Welsh government sources say they regard the current proposals as unacceptable, while some AMs suggest the assembly should refuse its consent for the bill to be tabled in Westminster. |
| That is a situation both governments are desperate to avoid, since it would create something of a constitutional crisis on the brink of next year's assembly election. | That is a situation both governments are desperate to avoid, since it would create something of a constitutional crisis on the brink of next year's assembly election. |