The referendum on the law-making powers of the National Assembly for Wales

When the Government of Wales Act 2006 came into force in May 2007 the National Assembly was given the potential power to make primary legislation for the first time. These Welsh laws were known as Assembly Measures and could only be made if they fell within the 20 devolved areas AND if permission was given from Westminster first, on a case by case basis.

However, contained within the Government of Wales Act 2006 is the provision for Wales to be granted further powers but only if Welsh citizens agree to this through a referendum. This referendum took place and was won on 3rd March 2011.

What was the referendum about?

The law-making system explained above came into force in May 2007 – which is when the Government of Wales Act 2006 officially came into operation. After that time the law-making powers of the National Assembly for Wales incrementally and some Wales – only laws (Assembly Measures) were made. However, the Government of Wales Act also set out a mechanism which would remove the incremental system and see Wales achieve primary law-making powers in all of the 20 policy areas (but only these areas) in one go.

In the referendum the people of Wales were asked whether they agree that the National Assembly for Wales should have law-making powers in the 20 areas. They voted YES thus ending the system of requesting powers on a case by case basis from the UK Parliament and giving the National Assembly the power to make laws for Wales in the 20 policy areas. It is still not be able to make any laws in areas not in the list of 20 e.g. defence, immigration, the benefit system and others.

Implications for the third sector

WCVA undertook research into the third sector’s experiences of the previous law-making system in order to provide written and oral evidence to the All Wales Convention. Based upon this work WCVA took the view that the third sector in Wales would benefit from a move to primary law-making powers in all 20 areas. We believe that the YES vote in the referendum has given Wales a clearer devolution settlement and we hope that this will enable more organisations to engage with the National Assembly as it uses its increased powers.

For more information on the powers that the National Assembly now has click here.

For information about the National Assembly’s law making processes click here.