The Welsh Cabinet Minutes for the year 2002 are significant for the following reasons:
1. In this year, the Richard Commission is announced and commences its hearings.
2. Mike German returns as Deputy First Minister half-way through the year. In February, there are some internal Cabinet changes, with Andrew Davies becoming Minister for Economic Development and Carwyn Jones adding the Minister for Assembly Business role to his Rural Affairs portfolio. With the return of Mike German, Jones becomes Minister for Open Government and continues with the Assembly Business role. German takes on Rural Affairs.
3. A much wider range of Welsh Government Cabinet Papers is now being published. I have appended these to each Cabinet Meeting, converting them from Word Documents to PDFs where this had not been done (and therefore avoiding the dangers of tracked changes being published).
4. The Cabinet commences preparations for the 2003 Assembly Elections and the first meeting of the Assembly after those elections.
5. There are important policy developments in a number of areas, such as Assembly Learning Grants, the Welsh Bacc, Older People, Planning policy (including second homes), public transport, the Welsh Language and other areas.
6. Inter-governmental issues continue to attract attention, with preparations for bids for the UK legislative programme, concerns about the impact of certain UK policies on Wales (Firefighters, Single Equality Body, Ofcom), and Wales takes the lead on minority language policy for the British Irish Council.
7. £1 billion pounds of EU Structural Funds have been allocated in Wales.
8. In October, Peter Hain takes over from Paul Murphy as Secretary of State for Wales.
The 2002 Minutes illustrate the continuing archiving problems, witha few sets of minutes and papers not available, as I explain below.
I should add one personal note here. I was adopted as the Labour candidate for the Rhondda National Assembly seat then held by Plaid Cymru in July, and from the autumn I have personal diary notes about developments in devolved politics, from which I may quote from time to time.
Cabinet met for the first time in the year on 7 January, the day after Second Division Cardiff City had beaten Premier League Leeds United in the FA Cup at Ninian Park. There had been crowd trouble at the end of the game. The First Minister expressed his concern over the events during and following the game. He was discussing the incidents and their handling with South Wales Police.
The Cabinet discussed the Planning Green Paper, the forthcoming UK Education Bill which included Assembly Government proposals based on its published policy in A Learning Country, and the Voluntary Sector. Cabinet also wanted greater clarity on the visibility of Welsh sections of UK Bills and the Permanent Secretary undertook to meet with UK Parliamentary Counsel.
Two papers for this Cabinet were published:
Unfortunately, I cannot find a working link to the Cabinet Minutes of 21 January. When I try, this happens:
We do know what was discussed, however:
The same problem exists for the Cabinet meeting on 4 February:
Again, we do know what was discussed:
The same thing is true of the meeting on 25 February, which is unfortunate, not least as there was a discussion on Higher Education policy:
But again:
Thankfully, however, we are back to normal on 11 March. This meeting discussed the proposed Commission on Assembly Powers:
It was hoped that progress on the appointment of members of the Commission on Assembly Powers would be made soon. Ministers discussed a number of suggestions for how the appointments should be made.
A new approach to Ministerial Submisisons was being trialled:
Submissions
2.3 The First Minister outlined the new arrangements for submissions which were being piloted in several policy divisions. The pilot had been introduced as part of the implementation of freedom of information policy. Private Offices would be monitoring the arrangements and providing feedback.
The First Minister proposed a strategic approach to influencing EU policy:
There was a need to be selective on the areas for involvement in EU business. Areas needed to be prioritised concentrating on those issues in which Wales could have a creative involvement. There were three types of issues. Those where Wales is in the lead; those where separate Welsh policy needs might require a direct approach; and specific Commission proposals on which Wales could make a distinctive contribution. The First Minister noted that the Commission had already taken an interest in the Assembly Government’s consultative approach to policy-making and might look to build on that. There was also a need to promote collaboration across Europe on areas outside Treaty competence.
This was the first of two discussions during the year. A paper was appended:
Another paoper published was the Annual Social Inclusion report:
Cabinet on 18 March discussed the National Emergency Plan.
By the meeting of 15 April, more can be said on the Commission on Assembly Powers:
The First Minister informed colleagues that a chair for the commission had been identified. The First Minister would make a statement to the Assembly on the appointment of the Chair on Thursday after speaking to the other party leaders. The Terms of Reference and the composition of the commission would need to be discussed at a future meeting of Cabinet.
Four Papers were published. First, a Paper on the proposed Older Person’s Strategy:
There was a paper on the South East Wales Regional Economic Strategy:
A paper on publicity at major events:
And a paper on the Assembly’s Agriculture and Rural Affairs Committee Report:
Broadcasting matters came up at the Cabinet Meeting on 29 April:
2.1 The First Minister informed colleagues about discussion he had held with the Scottish First Minister regarding Welsh and Scottish representation on the board of the Office of Communications (Ofcom)….
2.4 The situation regarding ITV Digital was primarily an issue for the Department of Culture, Media and Sport although the Assembly Government had an interest, particularly in relation to the thousand jobs at the call centre in Pembroke Dock.
Bullying of officials was also a matter of concern:
Bullying
2.5 The First Minister asked the Permanent Secretary to outline the background to the press article on bullying. The issue had been raised in a meeting between officials and the Permanent Secretary. He was taking the issue seriously and had been considering how to build on the policies already in place to address the issue. Ministers expressed the view that there was no place for bullying in the Assembly and made a number of suggestions. A confidential helpline for staff was already being considered. The Permanent Secretary would also issue advice to Assembly Members on the situation.
There were also discussions on heritage, health statistics, the voluntary sector and the Government’s Welsh language Scheme, which gave rise to papers>
First, on valuing heritage:
Health Statistics and Policy:
The Voluntary Sector, where the Health Minister was planning to meet with chief executives of major UK voluntary organisations to discuss devolution:
Finally, the draft Welsh Language scheme:
Cabinet on 20 May had a number of important items:
There had clearly been an unauthorised statement by the Secretary of State’s Special Adviser (SpAd):
Free Personal Care
2.2 The First Minister had discussed with the Secretary of State for Wales the comments made by a special adviser at the Wales Office about the Assembly’s position on free personal care. The Secretary of State had made it clear that the comments were not his and they did not have his approval.
Plans were in hand for the Queen to address the Assembly as part of her Golden Jubilee:
The Minister for Assembly Business outlined the business arrangements for the coming weeks including the arrangements for business coinciding with The Queen’s Jubilee visits to North Wales and Cardiff in the week beginning 10th June. In particular The Queen would be addressing the Assembly on 13th June. The Permanent Secretary agreed to provide details of The Queen’s visit to Ministers.
There was progress to report on the Welsh Bacc:
4.1 The Minister for Education and Life Long Learning updated colleagues on the progress of the Welsh Baccalaureate. The first students would be studying for the Baccalaureate in September 2003. The pilot would last until 2007. Initially, an Advanced Welsh Baccalaureate and an Intermediate Welsh Baccalaureate would be offered with consideration given to a Foundation and/or an Advanced Extended Baccalaureate during the development of the pilot.
4.2 The Welsh Joint Education Council (WJEC) had delivered its accreditation submission for the Baccalaureate to the Qualifications, Curriculum and Assessment Authority for Wales (ACCAC) by 15 March as required and the accreditation process was underway. The maximum number of nineteen schools and colleges from across Wales had been selected to pilot the Baccalaureate in the first year of the pilot with further schools and colleges joining the pilot later.
A paper on this was published:
There was a paper on th importance of Wales’s libraries and archives, including the National Library:
There was a follow-up discussion on advancing Assembly Government priorities through the European Union.
The paper listed the Assembly Government’s priorities and included proposals for their delivery, and was a useful source of reference information. It was suggested that the list should include a reference to the Wales Spatial Plan, which had an international perspective. There should also be an appropriate cross-reference to the issue of sustainable development in the document.
There was a discussion on smoking in public places:
There had been a request to include a clause in the NHS (Wales) Bill to ban smoking in public places. Ministers agreed that although they did not disagree with the principle of the request, it was outside the scope of the Bill and could not be included in it.
A paper on public health and planning was also discussed:
Cabinet on 27 May discussed proposals for Wales to take the lead on minority languages within the British-Irish Council:
The Assembly Government currently took a joint lead on social inclusion with the Scottish Executive. This would culminate in a conference and summit to be held in Scotland in the autumn. The First Minister had indicated at the previous summit his wish that the Assembly Government would like to take forward a project on its own….
Ministers discussed the possible options and concluded that the Assembly Government should take the lead on minority languages. The response of the Assembly Government to the Culture Committee’s Welsh Language Review would provide a good basis for this. It was an area on which Wales had considerable expertise. If that did not meet with approval the Early Years agenda could be offered as an alternative.
There was a paper on health and welbeing which would be the vehicle for implementing the recommendations in the Townsend Report on inequalities in health:
There was also a discussion on Public Transport around the following paper:
Cabinet also discussed the Broadband Wales programme:
The Minister for Economic Development outlined the programme. This was a cross cutting issue impacting in every ministerial portfolio and was particularly important for Wales. To ensure delivery of the programme a new Broadband Wales unit in the Assembly Government was proposed, headed by a high profile director. Ministers noted that any additional funding would require a successful bid in the forthcoming budget planning round.
There were no papers published after the 10 June meeting. The First Minister updated colleagues on the transfer to the Assembly of functions in sections 36 and 37 of the Electricity Act 1989 relating to power stations of over 50 megawatts.
The FM did present a paper on the Commission on the Assembly’s Powers, but this has not been published. The discussion noted:
The process of establishing the Commission was underway. A large number of people had expressed an interest in applying for membership of the Commission. Party leaders had been given the opportunity to comment on the application pack. There would be one nominee appointed to the commission representing each of the parties in the Assembly in addition to the members appointed through the open selection method. Ministers noted that the process was a good example of transparency and demonstrated the Assembly Government’s commitment to open government.
At the Cabinet meeting on 24 June, Mike German returned as Deputy First Minister and took over the Rural Affairs portfolio:
Ministers welcomed the Deputy First Minister back to the Cabinet. The Presiding Officer had written to the First Minister for clarification following a point of order on the new Ministerial responsibilities and the requirement for subject committees to mirror portfolios. Advice from the Counsel General was that the responsibilities of the Minister for Open Government did not require a subject committee as they were cross-cutting.
There was a discussion around a Research Report on planning policy and second homes:
The Minister for Environment introduced the paper. The report had been commissioned following a recommendation of the Land Use Planning Forum and the need to further examine the role of the planning system in the supply of affordable housing in rural areas. The findings addressed some misconceptions about the issue. The report also made a number of recommendations. The Minister highlighted a few key recommendations.
Other papers were on Learning Disabilities:
And on the Culture Minister’s visit to the Basque Country, which will not download:
The Cabinet Meeting on 8 July discussed the proposed Wales Sustainable Development Forum:
The establishment of the group was as a result of a commitment made in Plenary to establish an external forum. The aim was for an organisation that would provide independent research and advice and would have the ability to raise money to supplement its funding if necessary.
It was not envisaged that appointments would be made by the Welsh Assembly Government. The organisation would need to establish its credentials and legitimacy with its stakeholders, and support would come from the Assembly on that basis.
Cabinet discussed the newly established Economic Research Advisory Panel, with the following paper:
There was a paper on the outcome of the consultation on the Planning Green Paper:
There was also a paper on the Danish Presidency of the European Union:
By the time Cabinet met again after the summer recess on 14 October, the Commission on Assembly Powers, chaired by Lord Richard, had held its first session:
The first public hearing had been held and the Commission had also held a joint seminar in Aberystwyth with the Economic and Social Research Council. The First Minister had circulated a note to Ministers on the provision on evidence to the Commission. Ministers agreed to copy written evidence submitted to the Commission to each other.
There was a Joint Ministerial Committee due:
The First and Deputy First Ministers would be attending the next full meeting of the Joint Ministerial Committee in London on 22 October. The agenda included a review of relations between the United Kingdom Government and the devolved administrations and also Ministerial and official conduct during the election period next year.
The Permanent Secretary would be launching a new Dignity at Work Strategy for Assembly staff. This would include a confidential hotline for staff with concerns about bullying or harassment and a network of harassment contact officers able to offer advice and guidance.
The Minister for Education and Life Long Learning was engaged in discussions with Ministers at the Department for Work and Pensions regarding the relationship between the Assembly Learning Grant and benefit entitlements for certain students.
There was a possibility that industrial action would be taken by firefighters on 28th October:
The Assembly Government had no responsibility for fire services in Wales. It was important that Ministers did not get involved in a way which implied the Assembly Government had responsibility in this area, while the Assembly Government would have responsibilities in handling the consequences of the dispute on emergency and other public services.
Looking ahead to the 2003 Assembly election:
The First Minister and the Deputy First Minister had met the leaders of the opposition parties in the Assembly to discuss ‘purdah’ arrangements for the election period. Ministers discussed general guidelines on the conduct of Ministers and Officials during the election campaign. Ministers also discussed the guidance for Assembly staff and the importance of maintaining the political neutrality of the civil service and adherence to the Civil Service Code was highlighted by the Permanent Secretary.
By the 28 October Cabinet Meeting, the Minister for Education and Life Long Learning had given evidence to the Richard Commission:
The Minister informed colleagues that although most of the questions related to her portfolio, some wider issues had also been raised, thereby indicating a need for ministers to inform each other and keep themselves informed of the responses that had been provided to these wider questions.
There were concerns about the security of Government IT in a corporate body:
The First Minister had asked the Permanent Secretary to consider security arrangements in relation to the email system following incidents of emails being sent to the wrong individuals. Officials in Business and Information Systems Division had developed proposals which involved creating separate domains for Assembly Members and the Assembly Government. Ministers discussed the proposed changes and the impact they would have on them, their private offices and their constituency office staff.
St David’s Day would not be made a bank holiday.
Papers were published on the NHS Wales Bill:
The Welsh Language Action Plan:
And on a Nutrition Strategy:
At the Cabinet Meeting on 11 November, the First Minister expressed the need for a national Armistice Day event in Wales.
There was forward thinking about the first meeting of the next National Assembly after the elections in May 2003 and on the conduct of officials during elections:
The First Minister informed colleagues of his recent discussions with the Presiding Officer and party leaders about the timing of the first Assembly meeting after the elections in 2003. The First Minister would continue his previous discussions, and provide a further report to Cabinet in due course….
The Permanent Secretary had previously agreed to consider Ministers’ requests to change guidance for staff on official conduct during elections and the issue of compliance with the Human Rights Act. The National Assembly was significantly constrained in what it could alter, as the relevant authority was not devolved to the Assembly. However the Permanent Secretary outlined the changes to the guidance that could be made.
Ministers asked for representation to be made to the UK Government to consider modernising the Civil Service Management Code. Concerns also remained about the compliance of the Code with the Human Right’s Act. The local government modernisation agenda also affected the application of the Code, particularly in relation to the definitions of ‘local’ and ‘national’ political involvement and the role of councillors. There was a need for the Code to be applied consistently in this area. The Permanent Secretary agreed to take these matters up with the Cabinet Office.
There was a discussion on the Strategy for Older People:
At the Cabinet meeting on 25 November, Cabinet heard back from the British Irish Council:
The First Minister, Deputy First Minister and the Minister for Finance, Local Government and Communities had attended the meeting of the British-Irish Council in Scotland on 22nd November. There had been a good discussion on social inclusion, the project on which Scotland and Wales had jointly taken the lead. The forward work programme of the Council had also been considered including the project on minority languages to be discussed when Wales hosted the summit in Autumn 2003.
Higher Education policy surfaced again in respect of Assembly Learnoing Grants and Top-up fees:
Ministers noted that the Department for Work and Pensions had agreed changes to the wording of the Assembly Learning Grant Regulations, which would enable the receipt of the grant to be disregarded for benefits purposes….
There was a need to promote the grant for the new academic year. The advice given by institutions in the sector was that this should be carried out early in the New Year. Plans to launch a promotion campaign during this period should be announced as soon as possible….
Ministers discussed the UK Government’s plans to introduce Top Up Fees. The Minister for Education and Life Long Learning would be responding to the proposals by the end of the year. Cabinet requested a written paper on the Assembly Government position before the response was sent.
There was an update on the work of the Economic Research Advisory Panel:
Cabinet discussed primary legislation bids:
There was a discussion on the Planning White Paper:
There was a paper on the Welsh Household Survey:
The final Cabinet meeting of 2002 took place on 16 December.
The First Minister noted that the milestone of the commitment of one billion pounds of structural funds assisted projects had been reached:
Ministers were encouraged to remain committed to the programme that affected all portfolios. The programme had been remarkably successful to date. Commitment had been made to £1 billion worth of structural funds assisted projects; targets had been met across all programmes, and Wales’s performance was at least on a par with the programmes in Cornwall and ahead of those in Merseyside and South Yorkshire.
Ministers noted that the Bain report on fire service funding had been published. It supported the proposal to transfer policy and capital funding responsibility to the Assembly. However, this would not include responsibility for pay or terms and conditions of employment.
There were also papers on public access to information and the proposed single equality body:
My diary for this period, which commences in October 2002, the day that Peter Hain is appointed Secretary of State for Wales, notes how campaigning for the 2003 election is now very much in earnest, with a poll predicting Labour would win back the Rhondda seat I was contesting. The diary also reflects my frustration as a candidate at the failure of both the Welsh and UK Governments to maximise campaigning opportunities. Following a meeting with the Welsh MPs in Westminster, to which candidates were invited in early December, I recorded my surprise that it was planned to continue the Coalition with the Liberal Democrats ‘until midnight the night before the election’. I pointed out that if we were campaigning as two parties but appearing on TV with both parties having Ministers it would look very confusing. I was fairly vociferous on the subject at that meeting and then in December at a South Wales Labour constituency cluster meeting. Others agreed with me.