The Government of Wales Act 2006: Welsh devolution still a process and not an event?

Following the Assembly Elections in May 2007 Wales moved into a new area in its devolutionary settlement with a change of government and new legislation - the Government of Wales Act 2006. The Act is designed to revise fundamentally the Government of Wales Act 1998. Critics at the time predicted that executive devolution would be unlikely to be stable and would lead to "catch up" devolution with more privileged nations such as Scotland. Hence the second phase of Welsh devolution in which a Westminster model of Government is introduced as well as enhanced legislative powers for the National Assembly for Wales, including powers for the Assembly to be given legislative competence by Order in Council to make law in certain of the devolved fields, as an interim stage towards achieving full legislative devolution following a referendum. This paper argues that the Government of Wales Act 2006 has not conclusively settled the constitutional issues of asymmetrical devolution, such as the distribution of power between London and Cardiff; the role of the Secretary of State; the clarity and transparency of Welsh governance; and the question of how long these interim arrangements will last before Wales gains legislative devolution.