Released archive material shows turmoil in Labour over extra powers for Wales

Martin Shipton

Files released by Britain’s National Archives have revealed the extent of the turmoil that existed within the Labour Party after an independent commission recommended in 2004 that the then National Assembly should be able to make its own laws.

The Richard Commission also said that the Assembly should be expanded from 60 members to 80, with all Members elected by the Single Transferable Vote (STV) method of proportional representation.

But members of Prime Minister Tony Blair’s Cabinet were reluctant to make such radical changes, with resistance also coming from MPs.

Realising that a move to primary law-making powers was not going to be available immediately, First Minister Rhodri Morgan argued in favour of an arrangement where the Assembly would have the power to amend laws in devolved policy areas that had already been made at Westminster.

His motive for wanting such a reform was to protect Labour governments in Wales from having to implement Conservative laws if they came to power at Westminster.

Former Welsh Labour Minister Leighton Andrews, now a Professor of Practice in Public Service Leadership and Innovation at Cardiff University, has written about the release of documents in his web newsletter Welcome to Ukania.

He states: “I argued at the [party’s] special conference [to debate the Richard Commission report] that Welsh Labour’s response should have been an immediate commitment to primary law-making powers if backed by a referendum, saying: ‘Are we really going to say that Rhodri Morgan cannot have primary law-making powers when Gerry Adams and the Reverend Ian Paisley can [in the Northern Ireland Assembly]?’

“The National Archive folder PREM49-4453 … reveals that [Secretary of State for Wales] Peter Hain had to have ‘very difficult negotiations’ with Rhodri Morgan and the Welsh Government, with the result that there had to be provision for giving Wales primary legislative powers in the future after a referendum.

“Peter says in a letter to Lord Falconer, as chair of [the Cabinet Committee looking at devolution proposals] which had to agree the government legislative programme, on 26 April prior to the 2005 general election that he did not envisage a referendum [on primary law-making powers for the Assembly] during the life of the next Parliament. He anticipates that the changes would apply in Wales after the 2007 Assembly election, which is of course what happened. The commitment to primary powers went further than the original discussions in Cabinet Committee and therefore had to be brought back for discussion.

“Peter had originally written to Falconer on 24 February with his draft White Paper, intended for formal sign-off after the next UK general election. This letter reveals that Rhodri’s concerns about a Welsh Labour Government having to cohabit with a UK Tory government underpinned his proposals for a form of Henry VIII power [allowing the Assembly to amend Westminster legislation]. Peter says there had been ‘months of difficult negotiation to move Rhodri from that position’. There was a proposal to allow a referendum on primary powers which some felt went further than what the UK Cabinet had agreed.

“ … A briefing note to the PM in advance of his meeting with Rhodri Morgan in July 2004 is included. This is to focus on the response to Richard and there is a determination to rule out primary powers.

“There is also a briefing to the PM for his bilateral with Peter Hain on Richard, which says that Peter’s proposal ‘stops well short of a commitment to primary legislative powers in the next manifesto’. The briefing notes concerns that [Deputy Prime Minister) John Prescott would feel he was being bounced by Peter over devolution as he had previously been ‘on tuition fees’.

“The Ministerial Committee on Devolution Policy (PD Committee) had been unable to agree a response to Richard or negotiating position for Secretary of State Peter Hain in July 2004 … as Prescott was opposed to a reopening of the devolution settlement and insisted that the matter went to full Cabinet. There is a briefing to the PM on how to handle this without it going to Cabinet.

“In the end, it did go to Cabinet on 22 July 2004. There was a long discussion which is recorded in detail in the minutes. The Prime Minister summed up helpfully for Peter Hain, but it was absolutely clear that there was a determination to avoid primary legislation:

“In the released files, there is a briefing to the PM in advance of the publication of Richard and a letter from Peter Hain to Falconer setting out his proposed holding response. There is a letter from Paul Murphy to Falconer shortly after the Richard Commission publication setting out his view that matters should proceed cautiously, warning of the dangers of ‘a civil war’ in the Labour Party in Wales. Paul’s letter welcomes the establishment of the ‘contact group’ of AMs and Welsh MPs (full disclosure: I was a member of the contact group, elected by AMs).

“The released archive files also include [folder] CAB134-6756, containing the minutes of the PD Committee for 24 March 2005 which considered the final pre-election draft of the Better Governance for Wales White Paper, recommending it for discussion by Cabinet ‘in due course’. This said there should be provision for a further consultation by the UK Government if two-thirds of Assembly Members voted for a referendum on primary powers.”

‘Halfway house’

Peter Hain told the UK Cabinet he was pleased that the Labour special conference had unanimously approved a proposal which led to what some have described as a “halfway house” under which the Assembly was allowed to legislate in devolved policy areas if permission was granted by both Houses at Westminster.

In 2011 a referendum was held that approved by 63.49% to 36.51% primary law-making powers in devolved areas for what is now the Senedd.