Welsh devolution

The process of devolution in Wales has been described as ‘cautious’ by Welsh politicians and their English counterparts. Devolution has been far more rapid in Scotland and Northern Ireland, primarily because of historical differences; for example, prior to devolution they had separate legal systems, whereas Wales was fully subsumed into ‘England and Wales’. However, in recent years Welsh politics, policy and legislation have diverged from England at an increasing pace. Wales has obtained significant legislative and financial powers, but it remains far from autonomous. Welsh mental health services operate in conditions that in some respects are similar to or the same as those in England, but which in other respects are very different.

Under the Government of Wales Act 1998, a new National Assembly for Wales (‘the Assembly’) with 60 Assembly Members (AMs) was established as the legislative arm of government. The Assembly was given secondary legislative powers in 20 ‘conferred areas’, including health and health services. At first, the Welsh Assembly government was a committee of the Assembly. In law it had no executive power. It had only those powers that the Assembly as a whole voted to delegate to ministers. The Government of Wales Act 2006 gave the Assembly limited primary law-making powers on some matters in specific areas. These laws were known as ‘Assembly measures’, and they required the approval of the UK Parliament in the form of Legislative Consent Orders. The same Act also formally recognised a division between the Assembly and the Welsh Assembly government, creating an executive branch of government that is now called the Welsh Government. A referendum in 2011 gave the National Assembly further primary law-making powers. These are known as ‘Acts of the Assembly’, and they become law without UK parliamentary approval. However, many areas of domestic policy continue to be legislated across England and Wales by the UK Parliament.

The Wales Act 2014 granted further powers over some taxes and in relation to housing debt. The system of conferred areas has caused confusion over what is, and what is not, under the authority of the Welsh Government.