Devolution - Wales

Question 1

What is the judicial attitude towards Wales’ devolution like?

Answer 1

Inconsistent - Agricultural Bill quite generous but Asbestos Diseases not as much.

Question 2

Facts of the Agriculture Bill case?

Answer 2

Bill established a regime setting minimum T&Cs of employment for agricultural workers – e.g. on minimum wages & holiday days.

Agriculture is a devolved power, but employment isn’t.

Question 3

UKSC’s judgement in the Agriculture Bill case?

Answer 3

Didn’t matter that it related to both devolved and non-devolved matters (i.e. could be classified as a ‘reserved matter’) – GWA 2006 to be broadly read re devolved powers to Wales.

Question 4

Lady Hale in the Agriculture Bill case?

Answer 4

It’s not possible to divide ‘devolved’ and ‘reserved’ matters into precise/watertight areas -> some overlap is inevitable.

Question 5

Facts of the Asbestos Diseases bill case?

Answer 5

Bill imposed a quasi-tortious liability on insurers/compensators for cost of NHS services for victims of asbestos related diseases.

Question 6

UKSC’s judgement in Asbestos Diseases Bill and rationale?

Answer 6

Outside legislative competence of Welsh gov - two reasons why:

1. Bill related to purpose of raising funds to cover med costs - gov has power over hospitals/NHS but Bill aiming to punish companies, not regulate health and they don’t have general fiscal powers
2. Incompatible with ECHR - new financial liabilities would be applied retrospectively to pre-Bill asbestos exposure.

Question 7

Gov of Wales Act 1998?

Answer 7

Formed a Welsh gov and National Assembly - now Welsh Parliament (May 2020).

Question 8

Model of devolution in Wales?

Answer 8

Conferred powers model – can make laws on specific subjects e.g. agriculture/health.

New Labour adopted asymmetric devolution – different levels of autonomy for different devolved govs meant Wales behind in terms of leg autonomy.

Question 9

Gov of Wales Act 2006?

Answer 9

Pt A1 declared the Assembly and Welsh gov as permanent part of the UK’s const. arrangements and abolition of either can only occur by people of Wales voting in a referendum.

Question 10

Three changes in the Wales Act 2017?

Answer 10

2. Moved from conferred powers to reserved powers model – similar to Scottish model with more leg powers.
3. Powers for Senedd over its own affairs (inc. elections) and ability to name change.
4. UK parli won’t normally legislate over devolved matters w/o Senedd consent – similar to Sewel convention.