Wales Devolution

Introduction

Welsh devolution has evolved through a series of legislative steps, developing from a limited executive devolution model to a full legislative settlement comparable to Scotland’s. The journey from the Government of Wales Act 1998 to the Wales Act 2017 reflects a gradual but transformative constitutional development. The Welsh devolution settlement is distinctive in its incremental character: each successive Act has expanded the powers of the devolved institutions and refined their constitutional relationship with the UK Parliament. The Welsh Parliament, known as the Senedd Cymru (or simply the Senedd), is now a primary legislative body with competence across a wide range of devolved matters.

Government of Wales Act 1998

The Government of Wales Act 1998 was passed following a referendum in September 1997 in which 50.3% of voters supported devolution, a narrow margin that shaped the cautious nature of the initial settlement. The Act established the National Assembly for Wales as a corporate body combining legislative and executive functions, with secondary legislative powers only—it could not enact primary legislation. The Assembly operated under a powers-conferred model: it could only act in areas expressly authorised by Westminster legislation. This model was criticised as constitutionally inadequate, as the Assembly lacked the capacity to address Welsh needs independently. The Assembly had devolved functions transferred from the Secretary of State for Wales across areas such as health, education, local government, and economic development, but could only exercise these functions within the framework set by UK Parliament Acts.

Government of Wales Act 2006

The Government of Wales Act 2006 introduced two fundamental reforms. First, it separated the legislature from the executive: the National Assembly became the legislative body, and the Welsh Assembly Government (now the Welsh Government) became the separate executive, headed by the First Minister. Second, it conferred primary legislative powers through a new mechanism: Assembly Measures, which required the approval of both the Assembly and the UK Parliament. The Act also introduced a Legislative Competence Order process, allowing the UK Parliament to confer additional legislative competence on the Assembly on a case-by-case basis. The 2006 Act provided for a future referendum on moving to a full legislative model (Part 4 of the Act), in which the Assembly could enact Acts of the National Assembly for Wales without individual Westminster approval. A referendum held in March 2011 produced a decisive vote in favour, with 63.5% supporting the transfer to full legislative powers.

Wales Act 2014

The Wales Act 2014 devolved limited tax powers to the Assembly, following the recommendations of the Silk Commission (Part I). The Act devolved stamp duty land tax (enabling the Welsh Government to replace it with a Welsh land transaction tax), landfill tax (replaced by the Welsh landfill disposals tax), and provided for a Welsh rate of income tax subject to a future referendum. The Act also made provision for borrowing by the Welsh Government and established the principle that the Assembly could determine its own name and size. The Welsh Government received new borrowing powers to support capital investment. The 2014 Act represented a significant step toward fiscal devolution, though the income tax powers were not brought into force until the Wales Act 2017 created a more comprehensive fiscal framework.

Wales Act 2017 and the Reserved Powers Model

The Wales Act 2017 was the most significant reform of Welsh devolution, adopting a reserved powers model analogous to the Scottish settlement. Under the previous conferred powers model, the Assembly could only legislate in areas expressly granted by Westminster. The 2017 Act reversed this: all matters are devolved unless expressly reserved to the UK Parliament. The Act specifies reserved matters in Schedule 7A, including the constitution, foreign affairs, defence, macro-economic policy, and the criminal justice system (except for specific areas such as policing, youth justice, and the courts system, which were devolved). The Act also renamed the Assembly as Senedd Cymru (Welsh Parliament), though the formal change took effect in 2020. The Act devolved powers over transport (including speed limits, taxi licensing, and bus services), energy (onshore wind and solar projects up to 350MW), and electoral administration for Senedd elections. The Act gave the Senedd the power to determine its own name, size, and electoral system.

The Senedd (Welsh Parliament)

The Senedd consists of 60 Members of the Senedd (MSs): 40 constituency members elected by first-past-the-post and 20 regional members elected by the additional member system. This makes the Senedd smaller than the Scottish Parliament (129) and the Northern Ireland Assembly (90). The electoral system for the Senedd was reformed by the Senedd Cymru (Members and Elections) Act 2024, which increased membership to 96, introduced a closed proportional list system for all members, and enfranchised 16- and 17-year-olds. The Senedd’s legislative process involves several stages: introduction, Stage 1 (consideration of general principles by committee), Stage 2 (committee scrutiny of amendments), Stage 3 (plenary consideration), and Stage 4 (final vote). Bills must be within legislative competence, and the Senedd’s Counsel General or the UK Attorney General can refer bills to the Supreme Court for competence determinations.

Devolution of Justice and Policing

One of the most significant issues in Welsh devolution is the devolution of justice and policing. Unlike Scotland and Northern Ireland, Wales shares a single legal jurisdiction with England. The Commission on Justice in Wales (Thomas Commission), reporting in 2019, recommended the creation of a distinct Welsh legal jurisdiction and the devolution of youth justice, probate, and the courts system. The UK government responded cautiously, agreeing to further consideration. The Justice (Wales) Act 2019 made some progress, devolving responsibility for the administration of courts and tribunals in Wales. Policing in Wales remains under the Home Office and is overseen by four territorial police forces (Dyfed-Powys, Gwent, North Wales, and South Wales Police), with the Welsh Government having some influence through the Police and Crime Commissioners but not direct control.

Conclusion

Welsh devolution has transformed the governance of Wales, evolving from a limited administrative body to a legislature with primary powers across a wide range of policy areas. The reserved powers model adopted by the Wales Act 2017 provides a clearer and more robust constitutional foundation. The settlement remains less extensive than Scotland’s in fiscal autonomy and legislative reach, and the question of a distinct Welsh legal jurisdiction continues to be debated. The Senedd’s role as a permanent part of the UK constitution is now recognised in statute, and further devolution remains possible. The Independent Commission on the Constitutional Future of Wales, reporting in 2024, made recommendations for further powers, including the devolution of the Crown Estate in Wales and enhanced justice responsibilities. The trajectory of Welsh devolution has been one of steady, incremental expansion, reflecting the gradual strengthening of Welsh democratic institutions and national identity.