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Following a referendum in 1997, the Assembly was created by the Government of Wales Act 1998. Most of the powers of the Welsh Office and Secretary of State for Wales were transferred to the Assembly. When first created, the Assembly had no powers to initiate primary legislation. However, following the passing of the Government of Wales Act 2006, the Assembly now has powers to legislate in some areas through Assembly Measures, though still subject to the veto of the Secretary of State or the Parliament of the United Kingdom.
The following year the Government of Wales Act was passed by Parliament, establishing the Assembly.
In July 2002, the Welsh Assembly Government established an independent commission, with Lord Richard (former leader of the House of Lords) as chair, to review the powers and electoral arrangements of the National Assembly in order to ensure that it is able to operate in the best interests of the people of Wales. The Richard Commission reported in March 2004. It recommended that the National Assembly should have powers to legislate in certain areas, whilst others would remain the preserve of Westminster. In so doing, the Government rejected many of the cross party Richard Commission's recommendations. This has attracted criticism from opposition parties and others.
Recent polls suggest that a majority of the Welsh support full legislative powers. over 80% of people in Wales want a new parliament according to a new survey published in 2008 and Assembly members are willing to extend further powers to Cardiff Bay from Westminster.
The Act reforms the assembly to a parliamentary-type structure, establishing the Assembly Government as an entity separate from, but accountable to the National Assembly. It enables the Assembly to legislate within its devolved fields.
The Act also reforms the Assembly's electoral system. It prevents individuals from standing as candidates in both constituency and regional seats. This aspect of the act was subject to a great deal of criticism, most notably from the Electoral Commission.
The Act has been heavily criticised. Plaid Cymru, the Official Opposition in the National Assembly from 1999–2007, attacked it for not delivering a fully-fledged Parliament. Many commentators have also criticised the Labour Party's allegedly partisan attempt to alter the electoral system. By preventing regional Assembly Members from standing in constituency seats the party has been accused of changing the rules to protect constituency representatives. Labour had 29 members in the Assembly at the time, all of whom held constituency seats.
The changes to the Assembly's powers were commenced on 4 May 2007, after the election.
The debating chamber in Cardiff Bay, the Senedd (English:Senate), was designed by the Richard Rogers Partnership and built by Taylor Woodrow, with environmental and MEP design by BDSP Partnership. It uses traditional Welsh materials such as slate and Welsh Oak in its construction, and the design is based around the concepts of openness and transparency. The Timber ceiling and centre funnel, manufactured and installed by BCL Timber Projects (sub-contracted by Taylor Woodrow) is made from Canadian sourced Western Red Cedar.
The Senedd houses the debating chamber () and Committee Rooms. It was officially opened by Queen Elizabeth II on St. David's Day, 1 March 2006.
, home to the National Assembly for Wales]] The Senedd is designed to be environmentally friendly: it uses an Earth Heat Exchange system for heating; rainwater is collected from the roof and used for flushing toilets and cleaning windows, and the roof features a wind cowl which funnels natural light and air into the debating chamber below.
The debating chamber was initially based in Ty Hywel, next to the site of the present building. The offices of Assembly Members are still in this building which is connected to the Senedd by a skyway. The National Assembly for Wales Commission is also responsible for the Pierhead Building, which is the location of "The Assembly at the Pierhead" exhibition, and is the Visitor and Education Centre for the National Assembly for Wales as well as housing a small giftshop. The exhibition (currently still in the process of being updated following May's election) provides visitors with a unique opportunity to access the most up-to-date information on who's who, what's happening and how the Assembly works. Cathays Park consists of two buildings; the older building contains offices for the First Minister for Wales and senior civil servants, whilst the newer building is a large modern building built as an extension to the older building.
The executive and civil servants are mainly based in Cardiff's Cathays Park while the Assembly Members, the Assembly Commission and Ministerial support staff are based in Cardiff Bay where a new £67 million Assembly Building, known as the Senedd, has recently been built.
One important feature of the National Assembly until 2007 was that there was no legal or constitutional separation of the legislative and executive functions, since it was a single corporate entity. Compared with other parliamentary systems, and arrangements for devolution in other countries of the UK, this was highly unusual. In practice, however, there was separation of functions, and the terms "Assembly" and "Assembly Parliamentary Service" came into use to distinguish between the two arms. The Government of Wales Act 2006 regularised the separation when it came into effect following the 2007 Assembly Election.
Initially, the Assembly did not have primary legislative or fiscal powers, as these powers were reserved by Westminster. The Assembly did have powers to pass secondary legislation in devolved areas. Sometimes secondary legislation could be used to amend primary legislation, but the scope of this was very limited. for example, the first Government of Wales Act gave the Assembly power to amend primary legislation relating to the merger of certain public bodies. However, most secondary powers were conferred on the executive by primary legislation to give the executive (i.e., Ministers) more powers, and the Assembly has had wider legislative powers than appearances might suggest. For example, the Assembly delayed local elections due to be held in 2003 for a year by use of secondary powers, so that they would not correspond with Assembly elections. In 2001 the UK parliament used primary legislation to delay for one month local elections in England during the Foot and Mouth Disease epidemic.
The Assembly gained limited primary legislative powers following the 2007 election and the passage of the Government of Wales Act 2006. These laws are known as Assembly Measures and can be enacted in specific fields and matters within the legislative competency of the Assembly. New matters and fields can be devolved by Acts of the UK Parliament or by LCOs approved by Parliament.
While in principle the Assembly has no tax-varying powers, in reality it has some very limited power over taxes. For example, in Wales, as in England, the rate of Council Tax is set by local authorities, but since the Assembly largely determines the level of grants to local councils, it can influence the level of local taxation indirectly. It also has some discretion over charges for government services. Notable examples where this discretion has been used to create significant differences from other areas in the UK include:
# Charges for NHS prescriptions in Wales — these have now been abolished. # Charges for University Tuition — are different for Welsh resident students studying at Welsh Universities, compared with students from or studying elsewhere in the UK. # Charging for Residential Care — In Wales there is a flat rate of contribution towards the cost of nursing care, (roughly comparable to the highest level of English Contribution) for those who require residential care.
This means in reality that there is a wider definition of "nursing care" than in England and therefore less dependence on means testing in Wales than in England, meaning that more people are entitled to higher levels of state assistance. These variations in the levels of charges may be viewed as de facto tax varying powers.
This model of more limited legislative powers was partly due to the fact that Wales has had the same legal system as England since 1536, when it was merged with England. Ireland and Scotland were never merged by England, and so always retained some distinct differences in their legal systems. The Scottish Parliament and the Northern Ireland Assembly both have deeper and wider powers.
The Assembly inherited the powers and budget of the Secretary of State for Wales and most of the functions of the Welsh Office. It has power to vary laws passed by Westminster using secondary legislation. Cheryl Gillan, who represents the English constituency of Chesham and Amersham, in the Westminster Parliament is currently the Secretary of State for Wales.
Those fields are:
* Agriculture, fisheries, forestry and rural development
Measure making competence is limited to specific Matters identified within each Field. Matters can be added to each field by Legislative Competency Orders (LCOs).
The National Assembly for Wales also has matters to legislate which governs the body itself, mainly the costs of passing Assembly Measures and the register of interests.
Category:Politics of Wales Category:National Assembly for Wales Category:Welsh politicians Category:Members of the National Assembly for Wales Category:Statutory corporations of the United Kingdom government Wales Wales Category:Politics of Cardiff
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