Oral - Legislative Competence Order on Culture and other fields

It is a pleasure to present the proposed legislative competence Order on culture before the National Assembly today. This is another important milestone in the National Assembly taking competence in relation to its areas of devolved responsibility. I am sure you will agree that it is appropriate for the National Assembly to be given the power to legislate in the field of culture. Today is the first opportunity for us to discuss the Order, but I look forward to working with Members and others in scrutinising the LCO over the coming months.

Culture is not a luxury—it plays a crucial role in our everyday lives. Welsh culture has played a fundamental role in the creation of our national identity, and continues to do so. It is one of the most important tools in attracting those who want to work, learn, visit and invest in Wales. The Welsh arts and creative industries play an important part in the Welsh economy and contribute to the prosperity of Wales. Cultural tourism, the built heritage and major cultural events generate income for Wales.

At a local level, culture is an important element of community regeneration. Cultural activities are widely recognised as an essential element for developing and sustaining community spirit. Sports and recreational activities are an essential element of the health and wellbeing agenda. Culture is an essential part of the education and development of children and young people, and is fundamental to individuals who have the ability and the will to learn new skills. Cultural activities bring pleasure to all of our lives without exception.

The Welsh Assembly Government aims to widen participation in the full range of arts, cultural, sport and recreational services and activities. Low income, background or where people live should not be a barrier to access and participation. We fully recognise the key role of Welsh local authorities in the provision of cultural services and activities to their local communities. Local authorities already provide a wide range of cultural services and activities for their citizens and I am conscious of the good work they do.

It is in this context that ‘One Wales’ identified the strengthening and supporting of the role of local authorities in the development and delivery of arts and media services and activities across Wales as a key area. Our aim is to build on the excellence that already exists. We have been working with local authorities and the Welsh Local Government Association in taking the ‘One Wales’ commitment forward.

While local authorities have extensive powers to provide cultural services and activities, the majority of these powers are permissive, in that they do not place an absolute duty on local authorities to provide the majority of such services and activities. There are however some exceptions. The key areas include legislative provisions regarding libraries, archive services, allotments and providing rights of access to historical remains, monuments, buildings and so on under local authority control.

The central aim of the ‘One Wales’ commitment is to improve the delivery of high-quality cultural experiences across the whole of Wales. The proposed LCO is required in order to provide competence to enable the Welsh Assembly Government to implement the ‘One Wales’ commitment and achieve its policy objectives in this area.

The proposed LCO is concerned solely with the functions of local authorities. It is specifically linked to three elements of local authority cultural provision, namely: support, improvement and promotion. The proposed LCO has been drafted in this way to ensure that the competence provided will enable the policy aim of the ‘One Wales’ commitment to be achieved through, for example, local authority functions such as planning, consultation, collaboration, co-operation or through financial or other support. Furthermore, to ensure that the full range of the diverse cultural activities and services provided by local authorities across Wales are within the scope of the power, the competence being sought extends into three fields in part 1 of Schedule 5 to the Government of Wales Act 2006: field 3, culture; field 2, ancient monuments and historic buildings; and field 16, sport and recreation. The detail of the scope of the proposed LCO is set out in the explanatory memorandum for those who wish to consider it in more depth. The memorandum was laid alongside the proposed LCO yesterday.

It is important to note three exclusions to the competence are being sought. Section 2(3) of the proposed LCO does not extend to the removal of the duty of local authorities to provide a comprehensive and efficient library service; section 2(3) also does not extend to the arrangements by local authorities for the care, preservation and management of local authority records; and section 2(2) does not extend to the removal of any public right to have access to any local authority-owned historic remains, monuments, buildings, places or wrecks. These aspects of the relevant local authority service areas are outside the scope of the proposed competence.

The proposed LCO is an important step for culture in Wales and the wider constitutional journey for this Assembly. I hope that it will be welcomed by all parties in this Assembly. I look forward to working with Members and others with an interest in local authority cultural provision in scrutinising the proposed legislative competence Order in order to transfer the power to legislate in this area from Westminster to Wales.