The role and powers of the Prime Minister

WRITTEN EVIDENCE SUBMITTED BY THE

WELSH ASSEMBLY GOVERNMENT

Introduction

1. This memorandum is submitted in response to the House of Commons Political and Constitutional Reform Committee’s Inquiry into the role and powers of the Prime Minister. It draws on experience of operating within the statutory framework within the Government of Wales Act (GOWA) 2006 governing the role of First Minister and highlights how the advent of devolution has impacted upon the role of the Prime Minister.

Operating as First Minister within a statutory framework

2. GOWA 2006 sets out the process governing the appointment of the First Minister and provides a framework for the First Minister’s role as head of, and part of, the Welsh Assembly Government. Under GOWA 2006 the framework for the First Minister’s role is as follows:

· The First Minister of Wales is appointed by Her Majesty after nomination by Assembly members in accordance with section 47, GOWA 2006.

· The First Minister may, with the approval of Her Majesty, appoint Welsh Ministers from among the Assembly members. No more than twelve persons are to hold a relevant Welsh Ministerial office at any time.

· The Counsel General is to be appointed by Her Majesty on the recommendation of the First Minister. No such recommendation can be made without the approval of the Assembly.

· The First Minister may, with the approval of Her Majesty, appoint Deputy Welsh Ministers from among the Assembly members to assist the First Minister, a Welsh Minister or the Counsel General in the exercise of functions.

· The First Minister, a Welsh Minister and Counsel General, on appointment must take the official oath.

3. GOWA 2006 also makes provision for the First Minister, Welsh Ministers, Deputy Welsh Ministers and the Counsel General to continue to hold office while the Assembly is dissolved, thus providing for continuity of Ministerial authority up to and through an election period until new appointments are made. The Act sets limits on the time within which the Assembly must nominate a new First Minister and defines the circumstances in which such a nomination must be made. The First Minister has no power to cause an election to be held: dates of Assembly elections are fixed by the Act, although section 3 of GOWA 2006 provides that the Assembly may trigger an extraordinary election if a resolution is approved by at least two thirds of all Assembly Members.

4. GOWA 2006 provides for a basket of statutory powers intended to confer broad statutory functions upon the First Minister. The First Minister may exercise any of the functions conferred on "the Welsh Ministers", which is the collective term for the First Minister and the Welsh Ministers appointed by the First Minister. Functions may also be conferred specifically on the First Minister. Specific functions conferred on the First Minister include those relating to the civil service; freedom of information; remuneration and civil contingencies.

5. There are features of the executive role of the First Minister that are not dealt with in legislation. GOWA 2006 does not state in terms that the First Minister is head of the Welsh Assembly Government (although that is perhaps implicit in the title of the office); in effect, he or she is head of the Welsh Assembly Government by acceptance and convention. However the formal executive role of both the Prime Minister and the First Minister of Wales is broadly similar. Both are responsible for the organisation of government and the allocation of functions between Ministers as well as making changes to the machinery of government as necessary.

The role of the Prime Minister in UK Government relations with the Devolved Administrations

6. Devolution within the UK has added a new dimension to the role of Prime Minister of ensuring the effective management of the territorial structure and the positive relationships between administrations across the UK.

7. The Prime Minister has a leading role on promoting openness and transparency in how the UK Government works with the devolved administrations; promoting through his Cabinet colleagues and UK Government Departments the need for, and benefits of, building and maintaining good relations with the devolved administrations; ensuring the effectiveness of mechanisms to support those relationships and working arrangements between UK Government and the devolved administrations individually and collectively; and supporting those improvements needed to make relations with the devolved administrations more effective. The Prime Minister must also be responsible for fostering and maintaining the relationship with devolved administrations bilaterally and collectively at a head of government level.

8. The Joint Ministerial Committee (JMC) established under the Memorandum of Understanding (MoU) between the UK Government and devolved administrations is a vital forum within which the political leaders of the UK Government and the devolved administrations can discuss matters of common interest, review the workings of devolution and discuss and seek to resolve differences, disagreements and disputes that may arise between administrations.  The importance that the present Prime Minister has placed on the JMC, signalled by his personally taking on the role as chair of the Committee in plenary format ( a role that has been delegated to other UK Ministers in the past), is welcomed.

9. It is essential that the role of the Prime Minister as head of the JMC continues, to ensure that there is visible engagement in devolution at the highest political level. It provides a signal that the Prime Minister is making every effort to understand the consequences of devolution and attaches importance to having good relationships with the devolved administrations. It also provides a message across UK Government of the commitment to devolution at the highest level; and the cascade effect that this has on officials at every level to invest time in dealing with devolution issues and working with the devolved administrations.

10. The advent of devolution has resulted in a divergence of policy approaches between each of the devolved administrations and the UK Government. On occasion this may result in differences, disagreements or disputes arising between administrations. The dispute avoidance and resolution protocol developed within the Memorandum of Understanding and implemented through the JMC needs to provide confidence to all involved. As chair of the JMC, the Prime Minister must help to ensure that there is respect between administrations in the conduct of their wider governmental relationships and that confidence is maintained in the dispute process. The future success of devolution will be more easily achieved as a result of the value given to this process by the Prime Minister’s recognition and personal commitment to this.

Role of the Prime Minister on International issues

11. The responsibility within Wales for the relationships with the rest of the United Kingdom, Europe and internationally lies with the First Minister and mirrors the Prime Minister’s responsibilities for the UK’s relationships with Europe and internationally. Although the First Minister and Prime Minister may have different political viewpoints it is important that both the First Minister of Wales and the Prime Minister should be publicly perceived as acting in the best interests of the public in Wales and across the UK on international and domestic headline issues.

12. It is often the case that the UK Government acting as the EU member state takes forward discussion on issues that touch on the responsibilities of the devolved administrations. The Prime Minister should demonstrate clear commitment, and ensure it is cascaded through his UK Government Ministers and officials, to take the measures necessary to ensure that this context is clearly understood. This highlights the importance that progress in improving relations is maintained across both domestic and European issues, given close links between them. Effective use of the JMC machinery assists in securing this.

Conclusion

13. The fact that the First Minister of Wales operates within a statutory framework has not in itself proved an obstacle, in part because GOWA 2006 contains supplementary powers. There are statutory obligations and constraints placed on the Welsh Ministers as a whole – and indeed on the Assembly – but these are not unique to the First Minister.

14. The advent of devolution across the UK has necessitated a change in the role of the Prime Minister to include understanding and managing how devolution impacts on the development and delivery of policy and public services across the UK. The Prime Minister is in a unique position to foster a constructive relationship between the different administrations within the UK.

15. Devolution now permeates government policy making and delivery at official and ministerial levels. The distinction between the role of the Prime Minister as the Prime Minister of the United Kingdom, and his or her role in overseeing domestic policies as they are exercised in England, needs to be more clearly understood and recognised, although the failure to recognise that distinction appears to be endemic to devolution, rather than a misunderstanding of the Prime Minister’s particular role.

ANNEX A

First Minister's responsibilities:

· Exercise of functions by the Welsh Assembly Government;

· The Ministerial Code;

· Policy development and coordination of policy;

· Relationships with the rest of the United Kingdom, Europe, internationally and Wales Abroad;

· Freedom of Information (including the access to Public Records and the National Archive for Wales);

· Overall responsibility for Openness in Government;

· Staffing/Civil Service including the terms and conditions of Special Advisers and Welsh Assembly Government civil servants but not members of the Senior Civil Service;

· Issues relating to the Civil Contingencies Act;

· Cross cutting responsibility for the strategic approach to the delivery of public services including performance, collaboration and citizen focus;

· Overall co-ordination of programmes of measures to improve the performance of public services;

· Joint working with the Wales Audit Office on public service improvement and oversight of operational matters relating to inspection, regulation and audit;

· Taking forward the action to improve local service delivery;

· The work of the Economic Research Advisory Panel;

· Overall responsibility for public appointments (i.e. ensuring that public appointments made by the Welsh Assembly Government are made in accordance with the Commissioner for Public Appointments' Code). Other Ministers will be responsible for public appointments issues within their portfolio area;

· Wylfa Power Station.