Editing Senedd (section)

==History==
{{Politics of Wales}}
===Road to devolution===
{{main|Welsh devolution}}
Political movements supporting Welsh self-rule began in the late nineteenth century alongside a rise in [[Welsh nationalism]]. The [[Sunday Closing (Wales) Act 1881]] was the first legislation to acknowledge that Wales had a separate politico-legal character from England. The late 19th century saw the formation of a number of national institutions; a national and annual cultural event, the [[National Eisteddfod of Wales]] in 1861,<ref>{{Cite web|title=BBC Wales - Eisteddfod - Guide - A brief history of the Eisteddfod|url=https://www.bbc.co.uk/wales/eisteddfod2008/sites/guide/history/pages/history_eisteddfod.shtml|access-date=2022-02-04|website=www.bbc.co.uk}}</ref> the [[Football Association of Wales]] in 1876,<ref>{{Cite web|title=FAW / Who are FAW?|url=http://www.faw.cymru/en/about-faw/who-are-faw/|access-date=2022-02-04|website=www.faw.cymru|language=en}}</ref> the [[Welsh Rugby Union]] in 1881<ref>{{Cite web|title=140 Years of the Welsh Rugby Union|url=https://www.wru.wales/article/140-years-of-the-welsh-rugby-union/|access-date=2022-02-04|website=Welsh Rugby Union {{!}} Wales & Regions|language=en-GB}}</ref> and the [[University of Wales]] in 1893.<ref>{{Cite web|title=History of the University of Wales - University of Wales|url=https://www.wales.ac.uk/en/AboutUs/Developments/History.aspx|access-date=2022-02-04|website=www.wales.ac.uk}}</ref>

In 1896, [[Education in Wales]] began to become distinct with the formation of the Central Welsh Board which inspected grammar schools in Wales and The [[Welsh Intermediate Education Act 1889]] was brought about to "make further provision for the intermediate and technical education of the inhabitants of Wales and the county of Monmouth.", making the board responsible for inspection of secondary schools.<ref>{{Cite web |date=2013-08-12 |title=The Welsh Intermediate Education Act, 1889 |url=https://www.bbc.co.uk/blogs/wales/entries/ee4a5728-7f96-3b9f-93ac-29300c2d6066 |access-date=2022-02-04 |website=BBC |language=en}}</ref><ref name=":4">{{Cite book |url=https://discovery.nationalarchives.gov.uk/details/r/C815 |title=Records of the Welsh Department and successors |date=1880–1983 |others=Board of Education, Board of Education, Welsh Department, Department of Education and Science, Education Office for Wales, Department of Education and Science, Welsh Education Office, Education Department, Ministry of Education, Welsh Department |language=English}}</ref> In 1907, the Welsh department of the [[Board of education|Board of Education]] was formed and in the same year, a Welsh Inspectorate was established for inspection of primary and secondary schools in Wales.<ref name=":0" />

The early 20th century also saw the continued formation of a number of Welsh national institutions; the [[National Library of Wales]] in 1911,<ref>{{Cite web|title=History of the Building {{!}} The National Library of Wales|url=https://www.library.wales/librarybuilding/historyofthebuilding|access-date=2022-02-04|website=www.library.wales}}</ref> the [[Welsh Guards]] in 1915<ref>{{Cite web|title=Welsh Guards|url=https://www.army.mod.uk/who-we-are/corps-regiments-and-units/infantry/welsh-guards/|access-date=2022-02-04|website=www.army.mod.uk|language=en-GB}}</ref> and the Welsh Board of Health in 1919.<ref>{{Cite book|url=https://discovery.nationalarchives.gov.uk/details/r/C923|title=Records of the Welsh Board of Health|date=1919–1969|others=Welsh Board of Health|language=English}}</ref> The [[Church in Wales]] came into existence in 1920 following the disestablishment of the [[Church of England]] via the [[Welsh Church Act 1914]].<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/Geo5/4-5/91|title=Welsh Church Act 1914}}</ref>

An appointed [[Council for Wales and Monmouthshire]] was established in 1949 to "ensure the government is adequately informed of the impact of government activities on the general life of the people of Wales". The council had 27 members nominated by local authorities in Wales, the [[University of Wales]], [[National Eisteddfod of Wales|National Eisteddfod Council]] and the [[Welsh Tourist Board]]. A post of Minister of Welsh Affairs was created in 1951 and the post of [[Secretary of State for Wales]] and the [[Welsh Office]] were established in 1964 leading to the abolition of the Council for Wales. The establishment of the Welsh Office effectively created the basis for the territorial governance of Wales.<ref>''[http://www.bbc.co.uk/wales/history/sites/nation/pages/new_nation01.shtml The road to the Welsh Assembly]'' from BBC [http://www.bbc.co.uk/wales/history/ Wales History] website. Retrieved 23 August 2006.</ref> The [[Royal Commission on the Constitution (United Kingdom)|Royal Commission on the Constitution]] (the Kilbrandon Commission) was set up in 1969 by [[Harold Wilson]]'s Labour Government to investigate the possibility of devolution for Scotland and Wales.<ref name="devolution">{{Cite web |last= |first= |title=Devolution in the UK |url=http://www.dca.gov.uk/constitution/devolution/ukdev.htm |url-status=dead |archive-url=https://web.archive.org/web/20040626074959/http://www.dca.gov.uk/constitution/devolution/ukdev.htm |archive-date=26 June 2004 |access-date=2022-12-31 |website=[[Department for Constitutional Affairs]] |language=en}}</ref> Its recommendations formed the basis of the 1974 [[White paper]] ''Democracy and Devolution: proposals for Scotland and Wales'',<ref name="devolution" /> which proposed the creation of a Welsh Assembly. However, Welsh voters overwhelmingly rejected the proposals in a [[1979 Welsh devolution referendum|referendum held in 1979]].<ref name="devolution" /><ref>[http://www.bbc.co.uk/politics97/devolution/wales/briefing/79referendums.shtml The 1979 Referendums]: BBC website. Retrieved 9 July 2006.</ref>

Following the [[1997 United Kingdom general election|1997 general election]], the new Labour Government argued that an Assembly would be more democratically accountable than the [[Welsh Office]]. For eleven years prior to 1997 Wales had been represented in the [[Cabinet of the United Kingdom]] by a [[Secretary of State for Wales|Secretary of State]] who did not represent a Welsh constituency at [[Parliament of the United Kingdom|Westminster]].<ref>[http://www.comisiwnrichard.gov.uk/content/template.asp?ID=/content/evidence/oral/wlga/index-w.asp Evidence to Richards Commission] {{webarchive|url=https://web.archive.org/web/20070928162655/http://www.comisiwnrichard.gov.uk/content/template.asp?ID=%2Fcontent%2Fevidence%2Foral%2Fwlga%2Findex-w.asp |date=28 September 2007}} of Cllr Russell Goodway. 10 July 2003. Retrieved 9 July 2006.</ref> A [[1997 Welsh devolution referendum|referendum was held]] in Wales on 18 September 1997 in which voters approved the creation of the National Assembly for Wales with a total of 559,419 votes, or 50.3% of the vote.<ref>[http://www.bbc.co.uk/politics97/analysis/rozenberg2.shtml Politics 97] by Joshua Rozenberg: BBC website. Retrieved 9 July 2006.</ref>

The following year the [[Government of Wales Act 1998|Government of Wales Act]] was passed by the [[United Kingdom parliament]], establishing the Assembly. On 1 July 1999 the powers of the Secretary of State for Wales were transferred to the Assembly and the Welsh Office ceased to exist.<ref>{{citation |title=Key Events in the Development of the National Assembly for Wales: First Assembly, 1999–2003 |url=https://senedd.wales/NAfW%20Documents/ke-1997-2003.pdf%20-%2023052011/ke-1997-2003-English.pdf |page=15 |publisher=National Assembly for Wales |access-date=1 July 2019}}</ref>

In July 2002, the [[Welsh Government]] established an [[Richard Commission|independent commission]], with [[Ivor Richard|Lord Richard]] (former leader of the [[House of Lords]]) as chair, to review the powers and electoral arrangements of the National Assembly to ensure that it is able to operate in the best interests of the people of Wales.<ref name="richardspage">''[http://webarchive.nationalarchives.gov.uk/20100410160947/http://www.richardcommission.gov.uk/content/template.asp?ID=/index.asp The Richard Commission]''. Archived Richard Commission Website, includes copy of Commission report. Archived 10 April 2010.</ref> The Richard Commission reported in March 2004. It recommended that the National Assembly should have powers to legislate in certain areas, whilst others would remain the preserve of Westminster.<ref name="richardspage" /> It also recommended changing the electoral system to the [[single transferable vote]] (STV) which would produce greater [[proportional representation|proportionality]].<ref name="richardspage" />

In response, the British government, in its ''Better Governance for Wales'' White Paper, published on 15 June 2005, proposed a more permissive law-making system for the Welsh Assembly based on the use of Parliamentary Orders in Council.<ref>''[http://webarchive.nationalarchives.gov.uk/20060213211049/http://www.walesoffice.gov.uk/2005/better_governance_for_wales_report.pdf Better Governance for Wales White Paper, Archived February 2006]''. Presented to Parliament by the Secretary of State for Wales in June 2005. Downloadable PDF. Retrieved 9 December 2005.</ref><ref>''[http://www.electoral-reform.org.uk/topstories/wales.htm Electoral Reform for Wales] {{webarchive|url=https://web.archive.org/web/20041208073417/http://www.electoral-reform.org.uk/topstories/wales.htm |date=8 December 2004 }}''. Electoral Reform Society response to rejection of Richard Commission recommendations. Retrieved 9 December 2005.</ref> In so doing, the Government rejected many of the cross party Richard Commission's recommendations. This has attracted criticism from opposition parties and others.{{citation needed|date=May 2016}}

===Enhanced powers: The Government of Wales Act 2006===
{{main|Government of Wales Act 2006}}
The [[Government of Wales Act 2006]] received [[Royal assent]] on 25 July 2006. It conferred on the Assembly legislative powers similar to other [[devolution|devolved]] legislatures through the ability to pass [[Measure of the National Assembly for Wales|Assembly Measures]] concerning matters that are devolved. Requests for further legislative powers made through [[Legislative Competence Order|legislative competence]] requests were subject to the veto of the [[Secretary of State for Wales]], [[House of Commons of the United Kingdom|House of Commons]] or [[House of Lords]].

The Act reformed the assembly to a parliamentary-type structure, establishing the [[Welsh Government]] as an entity separate from, but accountable to the National Assembly. It enables the Assembly to legislate within its devolved fields.

The Act also reforms the Assembly's electoral system. It prevents individuals from standing as candidates in both constituency and regional seats. This aspect of the act was subject to a great deal of criticism{{Citation needed|date=October 2019}}, most notably from the [[Electoral Commission (United Kingdom)|Electoral Commission]].{{citation needed|date=May 2020}}, although it was supported in the Richard Commission<ref name="richardspage" />

The Act was heavily criticised{{Citation needed|date=October 2019}}. [[Plaid Cymru]], the Official Opposition in the National Assembly from 1999 to 2007, attacked it{{Citation needed|date=October 2019}} for not delivering a fully-fledged parliament. Many commentators{{who|date=May 2020}} have also criticised the Labour Party's allegedly partisan attempt to alter the electoral system. By preventing regional Members from standing in constituency seats the party has been accused{{by whom|date=May 2020}} of changing the rules to protect constituency representatives. Labour had 29 members in the Assembly at the time, all of whom held constituency seats.{{citation needed|date=May 2020}}

The changes to the Assembly's powers were commenced on 4 May 2007, after the [[2007 National Assembly for Wales election|election]].<ref>[http://news.bbc.co.uk/1/hi/wales/5211918.stm Assembly powers bill becomes law]: ''BBC News''. 25 July 2006. Retrieved 15 September 2006.</ref>

Following a [[2011 Welsh devolution referendum|referendum on 3 March 2011]], the Welsh Assembly gained direct law making powers, without the need to consult Westminster.

===Reserved powers model: The Wales Act 2017===
The [[Cameron–Clegg coalition|Conservative-Liberal coalition government]] created the [[Commission on Devolution in Wales]] (also known as Silk Commission), composed of members nominated by the 4 parties represented in the Welsh Assembly and several leading legal and political experts, to "create a lasting devolution settlement for Wales". Following the first set of recommendations by the Commission, the UK government announced in November 2013 that some borrowing powers are to be devolved to the Assembly along with control of landfill tax and stamp duty. Additionally the [[Wales Act 2014]] provides for a referendum to be held on the Assembly's ability to set a degree of [[income tax]],<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-wales-politics-24763988|title=Wales offered tax raising powers|date=1 November 2013|work=BBC News}}</ref> though there is a proposal for the requirement for a referendum to be removed.

Both the UK and Welsh governments supported the Silk Commission (Part 2) proposal to move to a "[[Devolved, reserved and excepted matters|reserved powers]]" model of devolution (similar to that of the [[Scottish Parliament]] and the [[Northern Ireland Assembly]]) where the UK government would have specific "reserved" powers and the Welsh Assembly would have control of all other matters.<ref>{{cite web|url=http://www.parliament.uk/documents/commons-committees/welsh-affairs/SOS-draft-Wales-Bill-Govt-response.pdf|title=Government Response to the Welsh Affairs Committee Report on Pre-legislation Scrutiny of the Wales Bill|last=Wales Office (UK Government)}}</ref><ref>{{cite web|url=http://gov.wales/about/organisationexplained/devolution/?lang=en|title=Draft Government and Laws Bill in Wales|last=Welsh Government|date=26 May 2016 }}</ref> This replaced the previous model where certain powers were "conferred" and all others were assumed to be powers of the UK national government. Since the passing of the [[Wales Act 2017]], the power model in Wales has been in line with that of Scotland, being a reserved matter model.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2017/4/contents/enacted |title=Wales Act 2017 |website=legislation.gov.uk }}</ref>

The [[Wales Act 2017]], based on the second set of recommendations of the Silk Commission, proposed devolving further areas of government, including some relating to water, marine affairs (ports, harbours, conservation), energy (subsidies, petroleum extraction, construction of smaller energy-generating facilities, etc.), rail franchising and road travel.<ref>{{cite web|url=https://publications.parliament.uk/pa/bills/cbill/2016-2017/0005/17005.pdf|title=Wales Bill 2016}}</ref>

===Name change===
In July 2016, Assembly members unanimously agreed that the name of the Assembly should reflect its constitutional status as a national parliament.<ref>{{cite web |title=The Senedd and Elections (Wales) Bill |url=https://seneddresearch.blog/2019/03/05/the-senedd-and-elections-wales-bill/ |date=5 March 2019 |publisher=Senedd Cymru |language=en-GB |access-date=27 May 2020 }}</ref> The [[Senedd Commission|Assembly Commission]] ran a public consultation on the proposal, which showed that 61% of respondents agreed or strongly agreed that the Assembly should change its name.<ref>{{cite web |title=National Assembly to be renamed Welsh Parliament under new law |url=https://www.itv.com/news/wales/update/2017-06-13/welsh-assembly-name-to-be-renamed-welsh-parliament-under-new-law/ |date=13 June 2017 |publisher=[[ITV News]] |language=en |access-date=27 May 2020 }}</ref> In 2018, the commission announced its intention to introduce legislation to change the name of the Assembly. Later that year, the {{lang|cy|[[Llywydd of the Senedd|Llywydd]]}} – the Assembly's presiding officer – wrote to all Assembly Members explaining that the name change proposed in the Bill would be the monolingual name Senedd.<ref>{{cite web |title=Letter from the Llywydd to all Assembly Members |url=https://senedd.wales/en/abthome/role-of-assembly-how-it-works/Documents/Members%20Letter%20en%2012112018.pdf |last=Jones |first=Elin |date=2018 |publisher=Senedd Cymru |access-date=27 May 2020 |archive-date=4 August 2020 |archive-url=https://web.archive.org/web/20200804060205/https://senedd.wales/en/abthome/role-of-assembly-how-it-works/Documents/Members%20Letter%20en%2012112018.pdf |url-status=dead }}</ref> In 2019, the [[Senedd and Elections (Wales) Act 2020|Senedd and Elections (Wales) Bill]], favouring the name Senedd, was introduced on behalf of the Assembly Commission. Following support of a subsequent amendment to the Bill which favoured a bilingual name for the institution, the Bill was passed by the Assembly on 27 November 2019 and was given Royal Assent on 15 January 2020.<ref>{{Cite news |last=Ifan |first=Mared |date=30 September 2019 |title=National Assembly set for new bilingual name |language=en-GB |work=[[BBC News Online]] |url=https://www.bbc.com/news/uk-wales-49887160 |access-date=27 May 2020 }}</ref><ref>{{cite news |url=http://www.wrexham.com/news/historic-act-enables-voting-for-16-and-17-year-olds-renames-assembly-to-welsh-parliament-179517.html |title=Historic Act enables voting for 16 and 17-year olds – renames Assembly to "Welsh Parliament" |date=16 January 2020 |website=Wrexham.com }}</ref> The Act changed the name of the Assembly to {{lang|cy|Senedd Cymru}} or the ''Welsh Parliament''. Its guidance states that the institution will be commonly known as the Senedd in both languages. The name change came into effect on 6 May 2020. Members of the renamed body are known as Members of the Senedd (MS), or {{lang|cy|Aelodau o'r Senedd}} (AS) in Welsh.<ref>{{cite web |url=http://www.assembly.wales/en/abthome/about_us-commission_assembly_administration/namechange/Pages/NameChangeConsultation.aspx |title=Name Change Consultation |publisher=assembly.wales |access-date=7 August 2017 |archive-date=6 November 2019 |archive-url=https://web.archive.org/web/20191106163736/http://www.assembly.wales/en/abthome/about_us-commission_assembly_administration/namechange/Pages/NameChangeConsultation.aspx |url-status=dead }}</ref><ref name="auto">{{cite news |url=https://www.bbc.com/news/uk-wales-politics-47212492 |title=Votes at 16 plan for 2021 Senedd election |work=[[BBC News Online]] |date=12 February 2019 |access-date=15 May 2019 }}</ref>

===Constraints on powers: UK Internal Market Act 2020===
As part of the process of leaving the European Union, the Conservative Party in power in Westminster passed the [[United Kingdom Internal Market Act 2020]]. This legislation aims to prevent internal trade barriers within the UK, and to restrict the exercise of legislative powers of the devolved administrations in economic areas.{{refn|name=Restrict20|<ref name=DouganMcEwen20>{{cite report |last1=Dougan |first1=Michael |last2=Hayward |first2=Katy |last3=Hunt |first3=Jo |last4=McEwen |first4=Nicola |last5=McHarg |first5=Aileen |last6=Wincott |first6=Daniel |date=2020 |title=UK and the Internal Market, Devolution and the Union |url=https://www.centreonconstitutionalchange.ac.uk/publications/uk-and-internal-market-devolution-and-union |department=Centre on Constitutional Change|author-link1=Michael Dougan|author-link2=Katy Hayward|author-link4=Nicola McEwen|author-link6=Daniel Wincott|publisher=[[University of Edinburgh]]; [[University of Aberdeen]] |pages=2–3 |access-date=16 October 2020}}</ref><ref name=DougEvi20>{{cite report |last=Dougan |first=Michael |author-link=Michael Dougan |title=Professor Michael Dougan: Evidence on the UK internal market bill |department=Finance and Constitution Committee |date=23 September 2020 |url=https://www.parliament.scot/parliamentarybusiness/report.aspx?r=12840 |publisher=[[Scottish Parliamentary Corporate Body]] |id=21st Meeting 2020, Session 5 |location=Edinburgh |quote=By imposing widespread obligations of non-discrimination and, more important, mutual recognition, the bill seeks to restrict the way that devolved competences operate in practice. |access-date=15 October 2020}}</ref><ref name=Keating21>{{cite journal |last=Keating |first=Michael |title=Taking back control? Brexit and the territorial constitution of the United Kingdom|author-link=Michael Keating (political scientist)|journal=[[Journal of European Public Policy]]|publisher=[[Taylor & Francis]]|location=Abingdon|date=2 February 2021 |volume=29|issue=4|pages=491–509|doi=10.1080/13501763.2021.1876156|hdl=1814/70296|doi-access=free|hdl-access=free|quote=The UK Internal Market Act gives ministers sweeping powers to enforce mutual recognition and non-discrimination across the four jurisdictions. Existing differences and some social and health matters are exempted but these are much less extensive than the exemptions permitted under the EU Internal Market provisions. Only after an amendment in the House of Lords, the Bill was amended to provide a weak and non-binding consent mechanism for amendments (equivalent to the Sewel Convention) to the list of exemptions. The result is that, while the devolved governments retain regulatory competences, these are undermined by the fact that goods and services originating in, or imported into, England can be marketed anywhere.}}</ref><ref name=MaMu22>{{cite book |last1=Masterman |first1=Roger |last2=Murray |first2=Colin |title=Constitutional and Administrative Law |date=2022 |publisher=[[Cambridge University Press]] |location=Cambridge |isbn=9781009158503 |pages=471–473|edition=Third|chapter=The United Kingdom's Devolution Arrangements|quote=UK Internal Market Act 2020 imposed new restrictions on the ability of the devolved institutions to enact measures...mutual recognition and non-discrimination requirements mean that standards set by the legislatures in Wales and Scotland cannot restrict the sale of goods which are acceptable in other parts of the UK. In other words, imposing such measures would simply create competitive disadvantages for businesses in Wales and Scotland; they would not change the product standards or environmental protections applicable to all goods which can be purchased in Wales and Scotland.|doi=10.1017/9781009158497|s2cid=248929397 |url=https://www.cambridge.org/highereducation/books/constitutional-and-administrative-law/E1EB9FEDC43459C991E42BD945231DB5}}</ref><ref name=KenMcEw21>{{cite journal |last1=Kenny |first1=Michael |author-link1=Michael Kenny (political scientist)|last2=McEwen |first2=Nicola|author-link2=Nicola McEwen|title=Intergovernmental Relations and the Crisis of the Union|doi-access=free|location=London|publisher=[[SAGE Publishing]]; [[Political Studies Association]]|journal=Political Insight|date=1 March 2021 |volume=12 |issue=1 |pages=12–15 |doi=10.1177/20419058211000996|s2cid=232050477 |quote=That phase of joint working was significantly damaged by the UK Internal Market Act, pushed through by the Johnson government in December 2020...the Act diminishes the authority of the devolved institutions, and was vehemently opposed by them.}}</ref><ref name=WolffeDevol>{{cite journal |last1=Wolffe |first1=W James |title=Devolution and the Statute Book|journal=[[Statute Law Review]] |date=7 April 2021 |doi=10.1093/slr/hmab003 |author-link=James Wolffe|location=Oxford|publisher=[[Oxford University Press]]|url=https://academic.oup.com/slr/advance-article/doi/10.1093/slr/hmab003/6213886|volume=42|issue=2|pages=121–136|access-date=18 April 2021|quote=the Internal Market Bill—a Bill that contains provisions which, if enacted, would significantly constrain, both legally and as a matter of practicality, the exercise by the devolved legislatures of their legislative competence; provisions that would be significantly more restrictive of the powers of the Scottish Parliament than either EU law or Articles 4 and 6 of the Acts of the Union...The UK Parliament passed the European Union (Withdrawal Agreement) Act 2020 and the Internal Market Act 2020 notwithstanding that, in each case, all three of the devolved legislatures had withheld consent.|url-access=subscription}}</ref><ref name=Wincott21>{{cite journal |last1=Wincott |first1=Daniel |last2=Murray |first2=C. R. G. |last3=Davies |first3=Gregory |title=The Anglo-British imaginary and the rebuilding of the UK's territorial constitution after Brexit: unitary state or union state?|volume=10|issue=5|journal=Territory, Politics, Governance|author-link1=Daniel Wincott|location=Abingdon/Brighton|publisher=[[Taylor & Francis]]; [[Regional Studies Association]]|date=17 May 2021|pages=696–713|doi-access=free|quote=Taken as a whole, the Internal Market Act imposes greater restrictions upon the competences of the devolved institutions than the provisions of the EU Single Market which it replaced, in spite of pledges to use common frameworks to address these issues. [[David Hope, Baron Hope of Craighead|Lord Hope]], responsible for many of the leading judgments relating to the first two decades of devolution, regarded the legislation's terms as deliberately confrontational: 'this Parliament can do what it likes, but a different approach is essential if the union is to hold together'.|doi=10.1080/21622671.2021.1921613}}</ref><ref name=DouHu22>{{cite journal |last1=Dougan |first1=Michael |last2=Hunt |first2=Jo |last3=McEwen |first3=Nicola |last4=McHarg |first4=Aileen|author-link1=Michael Dougan|author-link3=Nicola McEwen|title=Sleeping with an Elephant: Devolution and the United Kingdom Internal Market Act 2020 |journal=[[Law Quarterly Review]] |date=2022|volume=138|issue=Oct|pages=650–676 |url=https://dro.dur.ac.uk/35167/|location=London|publisher=[[Sweet & Maxwell]]|ssrn=4018581|via=[[Durham University|Durham Research Online]]|access-date=4 March 2022|quote=The Act has restrictive – and potentially damaging – consequences for the regulatory capacity of the devolved legislatures...This was not the first time since the Brexit referendum that the Convention had been set aside, but it was especially notable given that the primary purpose of the legislation was to constrain the capacity of the devolved institutions to use their regulatory autonomy...in practice, it constrains the ability of the devolved institutions to make effective regulatory choices for their territories in ways that do not apply to the choices made by the UK government and parliament for the English market.|issn=0023-933X}}</ref><ref name=Hor22>{{cite journal |last1=Horsley |first1=Thomas |title=Constitutional Reform by Legal Transplantation: The United Kingdom Internal Market Act 2020 |journal=[[Oxford Journal of Legal Studies]] |date=2022 |volume=42 |issue=4 |pages=1143–1169 |doi=10.1093/ojls/gqac018|doi-access=free|location=Oxford|publisher=[[Oxford University Press]]|pmid=36518972 |pmc=9732217 |quote=The market access principles may not preclude the devolved administrations from legislating in the same way that, for example, the Devolution Acts make it unlawful (ultra vires) for the Scottish Parliament, Welsh Senedd and Northern Ireland Assembly to enact legislation [that] is contrary to Convention rights. Nonetheless, their prospective application under the UKIMA imposes significant practical limits on their political autonomy in areas of devolved competence—limits that the dominance of the far larger English market further reinforce.}}</ref><ref name=Arm22>{{cite journal |last1=Armstrong |first1=Kenneth A. |title=The Governance of Economic Unionism after the United Kingdom Internal Market Act |journal=[[Modern Law Review]] |date=May 2022 |volume=85 |issue=3 |pages=635–660 |doi=10.1111/1468-2230.12706|doi-access=free|location=Oxford|publisher=[[Wiley (publisher)|Wiley]]|quote=So when used to disapply relevant requirements in a destination devolved jurisdiction the effect is different from that generated by the devolution statutes when they treat rules that are outside of competence as being ‘not law’. In this way, the legislative competence of each jurisdiction is formally maintained, but its exercise constrained by the extraterritorial reach of regulatory norms applicable elsewhere in the UK and by the potential for regulatory competition where local producers are subject to local rules but competing goods can enter that market in compliance with the regulatory standards from where they originate}}</ref><ref name=LydgateEvi20>{{cite report |last=Lydgate |first=Emily|title=Dr Emily Lydgate, University of Sussex: Evidence on the UK internal market bill |department=Finance and Constitution Committee |date=23 September 2020 |url=https://www.parliament.scot/parliamentarybusiness/report.aspx?r=12840 |publisher=[[Scottish Parliamentary Corporate Body]] |id=21st Meeting 2020, Session 5 |location=Edinburgh |quote=In that context, even though the new powers might not be used, I expect that the UK Government wants the legislation to be in place before those statutory instruments come into force, in case the common frameworks fall apart. What we are seeing is the UK Government responding to a threat by trying to centralise power or create a system that will function in case there is a problem...For example, England might authorise a new active substance for pesticides, or a new GMO, and would then be able to freely export those products to devolved nations, even if they had controls domestically. In so doing, England could competitively undercut producers and in effect undermine permitted divergence.|access-date=15 October 2020}}</ref>}} It has several effects on the constitutional arrangements regarding devolved legislative powers. Principal amongst these is the effect that the market access principles will have on the practical ability of the devolved administrations to regulate economic activity.<ref name=Wincott21/><ref name=LydgateEvi20/> It also expressly reserves the regulation of distortive or harmful subsidies to the UK Government, and gives them spending powers in numerous policymaking areas.<ref name=DouganMcEwen20/><ref name=Wincott21/>

These powers undermine the authority of the Senedd to determine infrastructure priorities within its jurisdiction. The principles undermine devolved competences in two ways. These relate to its status as a protected enactment, and to the disproportionate market size and power of the economy under English jurisdiction.<ref name=DouganMcEwen20/> Because the Senedd will be unable to disapply the market access principles, if they attempt to introduce new or stricter regulatory standards, they will only apply to goods produced within the devolved jurisdiction. This means that these standards will have little or no practical effect other than to disadvantage their own economy, severely restricting their ability to introduce regulatory divergence, or pursue different economic or social choices to those made in Westminster.<ref name=Wincott21/><ref name=LydgateEvi20/>

===Expansion===
{{main|Senedd Cymru (Members and Elections) Act 2024}}
On 22 November 2021, [[2021 Welsh Labour–Plaid Cymru agreement|Welsh Labour and Plaid Cymru agreed a co-operation deal]]<ref>{{cite news|url=https://inews.co.uk/news/politics/welsh-labour-plaid-cymru-approve-co-operation-deal-1312322|title=Welsh Labour and Plaid Cymru approve co-operation deal|date=21 November 2021|last=Alibhai|first=Zaina|website=[[i (British newspaper)|i]]|access-date=23 November 2021|language=en}}</ref> that will see the implementation of 46 policies that the two parties share.<ref>{{cite news|url=https://www.thenational.scot/news/19732552.labour-plaid-cymru-agree-welsh-government-co-operation-deal/|title=Labour and Plaid Cymru agree Welsh government co-operation deal|last=Webster|first=Laura|date=22 November 2021|website=[[The National (Scotland)|The National]]|access-date=23 November 2021|language=en}}</ref> One of these is the expansion of the Senedd from 60 Members to between 80 and 100 Members.<ref>{{cite news|url=https://www.walesonline.co.uk/news/wales-news/free-school-meals-primary-school-22236702|last=Mosalski|first=Ruth|title=Welsh Government wants to give free school meals to all primary school pupils|date=22 November 2021|work=Western Mail|access-date=23 November 2021|language=en}}</ref>

At its Conference on 12 March 2022, Welsh Labour unanimously approved increasing the size of the Senedd. "The expansion of the Senedd is essential because the journey of devolution is not yet complete", former First Minister [[Alun Michael]] said. "There is more to come. And the capacity needs to be there for those backbenchers to do the job of holding to account that you rightly said, cannot be done by to smaller number of representatives."<ref>{{cite web |url=https://nation.cymru/news/welsh-labour-back-increasing-the-size-of-the-senedd-at-party-conference/ |title=Welsh Labour back increasing the size of the Senedd at party conference |work=Nation.Cymru |date=12 March 2022 |accessdate=16 March 2022}}</ref> Two weeks later, Plaid members backed the expansion proposal as well.<ref>{{cite news |last=Masters |first=Adrian |date=26 March 2022 |title=Plaid Cymru members back Senedd expansion at party conference vote |url=https://www.itv.com/news/wales/2022-03-26/plaid-cymru-members-set-to-back-moves-to-create-more-senedd-members |access-date=29 March 2022 |website=ITV News |language=en}}</ref>

On 10 May 2022, plans to increase the number of MSs from 60 to 96 were unveiled, as well as the scrapping of [[first past the post]], which is currently used to elect 40 of the 60 Members of the Senedd (MSs). Drakeford said these changes were required as "report after report" had demonstrated that the Senedd in its current form "cannot do the job in the way that people in Wales have a right to expect it to be done".<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-wales-politics-61392204|title=Senedd: Plans for 96 politicians agreed by Labour and Plaid|last=Deans|first=David|date=10 May 2022|publisher=[[BBC News]]|accessdate=11 May 2022}}</ref> Welsh Lib Dem leader [[Jane Dodds]] criticised these plans, claiming that they would disproportionately impact smaller parties.<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-wales-politics-61406888|title=Senedd reform: Plans for more politicians 'could freeze out Lib Dems'|last=Deans|first=David|date=11 May 2022|publisher=[[BBC News]]|accessdate=11 May 2022}}</ref>

On 8 June 2022, the Senedd voted 40–14 in favour of expanding the number of MSs.<ref>{{cite web | url=https://www.walesonline.co.uk/news/wales-news/live-updates-mss-set-vote-24176402 | title=Senedd set to increase to 96 members as politicians back reform | date=8 June 2022 }}</ref>

In 2023, the reform bill committee heard reforms included taking 32 new constituencies created that will be used in the [[2024 United Kingdom general election|2024 general election]] and pairing them to create 16 Senedd constituencies – with each returning six members in [[multi-member district]]s.<ref>{{Cite web |date=2023-11-10 |title=Plans to reform Senedd elections 'a step back' |url=https://www.abergavennychronicle.com/news/politics/plans-to-reform-senedd-elections-a-step-back-649335 |access-date=2023-11-24 |website=Abergavenny Chronicle}}</ref> Opposition to the proposed [[closed list]] voting system was expressed by some Labour<ref>{{Cite news |date=2024-01-30 |title=Wales' voting changes will confuse people - Labour politician |url=https://www.bbc.com/news/uk-wales-politics-68130660 |access-date=2024-02-09 |work=BBC News |language=en-GB}}</ref> and Plaid Cymru<ref>{{Cite news |date=2024-02-03 |title=New Wales political system poses great danger - Wigley |url=https://www.bbc.com/news/uk-wales-68187286 |access-date=2024-02-04 |work=BBC News |language=en-GB}}</ref> representatives, while opposition to the overall expansion of the Senedd was expressed by some Labour representatives<ref>{{Cite web |last=Sheehan |first=Rory |date=2023-10-29 |title=Labour councillors oppose Senedd expansion |url=https://www.herald.wales/north-wales/flintshire/labour-councillors-oppose-senedd-expansion/ |access-date=2024-02-09 |website=Herald.Wales |language=en-GB}}</ref> and the Conservatives.<ref>{{Cite news |last=Morris |first=Steven |date=2023-09-18 |title='Historic' plans to expand Senedd draw Conservatives' ire |url=https://www.theguardian.com/politics/2023/sep/18/wales-historic-plans-to-expand-senedd-draw-conservatives-ire |access-date=2024-02-09 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref>