‘A process, not an event’: Devolution in Wales, 1998-2018

Prior to the 1997 referendum on devolving power from Westminster to Wales, the then Secretary of State for Wales, Ron Davies, referred to devolution as 'a process, not an event'. In a pamphlet published ahead of the first elections to the new National Assembly for Wales in May 1999, he explained:

'Devolution is a process. It is not an event and neither is it a journey with a fixed end-point. The devolution process is enabling us to make our own decisions and set our own priorities, that is the important point. We test our constitution with experience and we do that in a pragmatic and not an ideologically driven way'.

The story of devolution in Wales in the two decades since the Government of Wales Act 1998 received Royal Assent on 31 July 1998 illustrates Davies’ point, for the 'process' of devolution continues to this day.

This briefing paper summarises the main developments regarding devolution in Wales since 1998. It begins by setting out the current constitutional position before examining five broad phases of devolution:

+ administrative devolution (1964-1999);
+ executive devolution with secondary law-making powers (1999-2007);
+ executive devolution with enhanced secondary powers (2007-2011);
+ legislative devolution under a 'conferred powers' model (2011-2018);
+ legislative devolution under a 'reserved powers' model (2018- ).

In doing so, this paper revisits the key pieces of legislation involved in each phase, beginning with the Government of Wales Act 1998 and continuing with the Government of Wales Act 2006 and Wales Acts of 2014 and 2017. It also looks at the work of the Richard, Holtham and Silk Commissions in shaping those Acts of Parliament and, finally, summarises ongoing debates concerning Wales’ constitutional future.

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