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At the Scottish Parliament in Edinburgh the delegates received briefings on devolution from Colin Miller, Head of Constitutional Policy and Fergus Cochrane, Senior Clerk in addition to their discussions with Members of the Scottish Parliament (MSPs).
The conversations were centered on the new powers of the Scottish Parliament and its relationship with the Parliament at Westminster. The Scottish Parliament can initiate legislation and has primary legislative power in all areas apart from those reserved to the Parliament at Westminster. The delegates discussed the way that MSPs are elected (73 by majority vote and 56 by proportional representation), the coalition form of government to which this leads, and the nomination process of the Scottish Executive.
The Scottish Parliament also has limited taxation powers and receives a yearly block of funds from the central government of the UK. Members of the Scottish Parliament expressed frustration with the inflexibility of the funding formula and are currently exploring alternative sources of revenue, specifically at the municipal level.
Other issues discussed were the composition of constituencies, financial remuneration of MSPs, their constituency office budgets and the establishment of the procedures of the Scottish Parliament.
DEVOLUTION IN WALES:
In Cardiff the delegates met with several members of the National Assembly of Wales, including Lord Dafydd Elis Thomas, Presiding Officer and Deputy Presiding Officer Dr. John Marek, who hosted the delegates to lunch. This coupled with presentations by David Lambert, Legal Advisor to the Speaker (Presiding Officer) of the Assembly and Paul Silk, Clerk to the Assembly allowed the delegates to gain a deeper understanding of how devolved powers have been implemented in Wales.
Devolution in the United Kingdom is asymmetrical in the sense that Scotland and Wales did not receive the same powers. Unlike the Scottish Parliament, the National Assembly of Wales cannot initiate primary legislation; it can only review legislation originating at the Parliament of Westminster. The Scottish Parliament has limited taxation powers, whereas the Welsh Assembly has no taxation powers and relies completely on funding from the UK government.
Rather than identifying specific subject area responsibilities, the powers reserved for the Welsh Assembly were transferred from the Secretary State for Wales at the time that devolution was enacted. However, the responsibilities of the Secretary of State for Wales had never been described, established nor confirmed and often changed depending on circumstances. The result is that the responsibilities of the Welsh assembly are not clearly delineated. There is a general consensus that the National Assembly of Wales needs to have executive responsibilities in clear subject areas to outline and confirm its spheres of control. Delegates learned that this created a great deal of confusion and frustration for Assembly members who are eager to further the legislative work of the Assembly.
The original concept for the Welsh Assembly included the premise that it would conduct its business on a consensual, cross-party basis, however, the proceedings have become more adversarial. This move towards a more adversarial, party-based system highlighted the distinction between the Assembly and the Executive in terms of the exercise of policy.
Finally, one distinct element of the Welsh Assembly is its policy of official bilingualism. The Assembly decided on this policy as part of a larger attempt to foster the use or the Welsh language. Approximately 20% of the population of Wales speaks the Welsh language in addition to English. Delegates met with representatives of the Record of Proceedings and Translation Unit to discuss this policy.
Assembly members have the right to speak in Welsh and simultaneous translation services are provided from Welsh into English. The Assembly also provides written translation services from Welsh into English for any documents related to Assembly business. The same services apply to Committee meetings and press conferences. Translation services are not provided from English into Welsh.
FUTURE OF CANADA-UK PARLIAMENTARY RELATIONS
The Canada-United Kingdom Inter-Parliamentary Association was created in response to the Joint Declaration made by Canadian Prime Minister Jean Chrétien and British Prime Minister Tony Blair in Denver on June 20, 1997. The declaration stated that: “Parliamentary contacts will be invigorated and refocused with specific linkages being encouraged between parliamentary committees in both countries with smaller mandates as well as the creation in Canada of a Canada-UK Parliamentary Association.” The British government designated the British-Canadian Parliamentary Group (BCPG) as the official counterpart to the Canada-UK Association. However, the BCPG has no annual budget to fund any activities. The delegates, while meeting with M.P. David Marshall, Chairman of the BCPG and other UK parliamentarians in London, inquired about whether a more formal organization would be created and funded at Westminster.
The British parliamentarians explained that the main impediment to the creation of a formal Canada-UK Association was the lack of funding. While there was considerable interest amongst British Parliamentarians to create an official counterpart to the Canada-United Kingdom Inter-Parliamentary Association, the source of the necessary funding remains elusive. British MPs and Lords appear very keen to increase their contact with their Canadian colleagues, but have been frustrated when trying to establish official structures to facilitate these meetings. The government of the United Kingdom was said to be discussing different ways to fund inter-parliamentary exchanges, including bilateral conferences or seminars.
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