Cabinet handbook

The Welsh Government is the devolved government of Wales. The government consists of the First Minister, Welsh Ministers, Deputy Ministers and Counsel General (the Welsh Ministers and Deputy Ministers, respectively, are sometimes known as “Cabinet Secretaries” and “Ministers”). It is the role of Senedd Cymru to nominate a First Minister, usually the leader of the largest political party, for appointment by The King. The First Minister appoints Ministers and Deputy Ministers, with the agreement of The King. The Counsel General is appointed by The King, on the recommendation of the First Minister, but the recommendation for the appointment must be approved by the Senedd.

This Cabinet handbook is an introductory guide to the Welsh Government for incoming ministers, their private offices and those across government. It provides a preliminary overview of the key elements of support available to ministers, and the decision-making mechanisms within government.

The handbook introduces the Ministerial Code, what ministers can expect from their private office and their policy department. It also sets out the constitutional context in which the Welsh Government operates, including its relationship with the legislature, as well as the UK government and other devolved governments.

It also provides information on the main principles and procedures governing decision making made by ministers, including the role of Cabinet and the individual ministerial decision-making process. This handbook is designed to be an aide-memoire for ministers, as well as their special advisers, private offices, and other Welsh Government staff. This first published edition of the cabinet handbook remains true to its original purpose. It is primarily a guide for those working in government, recording the current position rather than driving change. It is not intended to be legally binding or to set issues in stone. The handbook records rules and practices but is not intended to be the source of any rule.

The handbook will evolve over time as government adapts to new challenges and the passage of new legislation and to play its role as a useful guide to the operations and procedures of government, it will need to be updated periodically to reflect such developments.

1.1 In the performance of your duties, ministers are expected to behave according to the highest standards of constitutional and personal conduct. You are expected to observe the Seven Principles of Public Life and the principles of Ministerial Conduct.

1.2 The Ministerial Code issued by the First Minister provides guidance to ministers on how they should act and arrange their affairs to uphold these standards. It applies to all ministers, the Counsel General and deputy ministers. You are required to formally agree to abide by the code when taking up a Cabinet post and your agreement to do so will be published.

1.3 Part 1 of the code provides guidance on the ethics governing ministerial responsibilities, relationships and interests, whilst Part 2 provides procedural guidance on different aspects of the ministerial role. The Ministerial Code can, therefore, be regarded as a ministerial guidebook to fulfilling official duties. It should be read in conjunction with the Welsh Government Civil Service Code which sets out the behaviour expected of Civil Service staff working to the Welsh Government. The Civil Service Code can be found here.

1.4 The latest version of the Ministerial Code is available here.

1.5 You are personally responsible for deciding how to act and conduct yourself in the light of the code. It is not the role of the Permanent Secretary or other officials to enforce the code. However, you can expect the civil servants who advise you to be aware of this code and to use their best endeavours to draw to your attention any potential conflicts which they have identified. In addition, your private office or other officials are available to advise you if there are concerns about how the code might apply in particular circumstances. The Permanent Secretary is responsible for supporting you with the management of your private interests whilst in office, as detailed in section 5 of the code.

1.6 The Independent Adviser on Ministerial Standards assists the First Minister in relation to the Ministerial Code, including in the investigation of complaints that the code has been breached. Where an investigation is undertaken, this will be conducted independently of government and a report provided to the First Minister. The terms of reference for the investigation, as well as the report and any decision by the First Minister on action to be taken, will be published.

1.7 The Independent Adviser may also, at the request of the First Minister, provide comment and advise upon the declarations of interest made by ministers and is responsible for providing advice in relation to the business appointment rules that apply when ministers leave office.

1.8 Serving as a minister is stimulating and rewarding in many ways. However, ministerial posts are complex and carry important responsibilities. While your office will always do their best to help you organise your duties efficiently there inevitably will be, from time to time, competing pressures. The rhythm of political life demands that well-laid plans can sometimes be upset at very short notice, and this can, of course, be frustrating.

1.9 Ministers are encouraged to give attention and priority to their well-being. You should work with your office to develop a reasonable balance between work and life outside work. Downtime is as important as hard work, and you should try to protect it when you can. Time with family and friends is important for well-being.

1.10 It is important that you allow enough time to prepare for your commitments in the Senedd and key meetings and this should be built into your daily schedule. Agree your diary in advance with your office and wherever possible try to stick with your schedule; slippage can exacerbate a sense of lost control. Equally, you will need to show flexibility – a minister’s life has inherent unpredictability and failure to recognise this will also lead to frustration.

1.11 Stress and mental illness can strike anyone in any walk of life and at any time. If you are worried or experience any signals which cause you concern it is important that you seek help. As well as talking to medical practitioners, family and friends, there is a range of support which ministers can access via Senedd Commission and Welsh Government resources.

2.1 The role of the Civil Service of the Welsh Government is to support ministers and assist them in discharging their roles and achieving their objectives.

2.2 There are about 5500 civil servants in the organisation. Many are policy advisers and administrators but there are also over 20 different kinds of specialist grades as well. These include lawyers, doctors, nurses, pharmacists, engineers, scientists, vets, accountants, auditors, IT specialists, press officers, statisticians, research officers, curators and stonemasons.

2.3 As well as those directly involved in advising and supporting ministers and implementing their decisions, staff are also involved in carrying out a range of functions of the Welsh Government, including: exercising the statutory roles of the organisation for inspectorate functions; managing grant schemes; overseeing the maintenance and development of the trunk road network; providing professional and specialist advice; preparing legislation and providing corporate services and support to the organisation.

2.4 The Welsh Government is committed to being a fair and inclusive employer, creating a supportive environment for all staff to grow and perform to the best of their ability. Most staff are based in our main offices in Cathays Park, Merthyr Tydfil, Carmarthen, Aberystwyth and Llandudno Junction, with a network of smaller offices around Wales. However, since the pandemic most staff worked in a hybrid way (at home and in our offices) and meetings are often conducted online.

2.5 Most of the time you would come into contact with only a relatively small proportion of the Civil Service but staff always welcome visits by ministers to meet them and we would be very happy to make such arrangements if you would like us to do so.

2.6 One of the most important responsibilities of the Civil Service is to give ministers informed and impartial advice to assist them in reaching policy decisions. This will usually come up to you in the standard format which is known as “Ministerial Advice” or MA, though correspondence or administrative issues might be dealt with more informally through emails. You can expect the civil servants who are advising you to have an understanding of your overall policy objectives and of the strategic and political context around the issue in question.

2.7 Ministerial Advice should contain the relevant analysis and factual background to the issue being considered and it will usually set out a number of options for decision, together with advice and a recommendation of which option to choose. The recommendation will be the objective and impartial view of the Civil Service, but it does not, of course, constrain ministers, who have a range of considerations and issues to take into account when they make their decisions. All MAs include a financial implications section, this is mandatory. The information contained in this section is vital in ensuring that ministers can make an informed decision on whether the proposal being made makes the best use of available resources within their portfolio and gives maximum value for money. This section should include details of any direct or indirect costs arising that could directly or indirectly impact the Welsh Government Budget – either in the current or future financial years. Key budgetary elements which should be set out in the MA include where the funding is coming from, over what years it will be spent/allocated, and any key risks or pressures within the minister’s portfolio. Detail should be provided as to how to mitigate this eventuality, for example what activities or programmes would need to stop or be postponed to fund the proposal? A decision to use resources in one area always means that those resources are not available to be used in another area. In responding to an MA you may ask questions of officials or seek a meeting with officials to discuss the matter in more depth. Ministers may also seek clarification on the advice or ask for further advice. Ultimately you may wish to decide on a different course of action from that recommended, in which case the Civil Service will implement that course of action (except for the rare occasions where there might be a conflict with the responsibilities of the Accounting Officer, as discussed further on in this note).

2.8 Civil servants have a duty to comply with the requirements of the Freedom of Information Act 2000 and officials will consider each request for information received on its own merits and in accordance with the required process. This will involve considering whether any exemptions should be applied, including whether disclosure would be likely to inhibit the free and frank provision of advice and be likely to prejudice the effective conduct of public affairs. This reflects a long-standing convention that advice from the Civil Service to Ministers, together with discussions about policy issues between ministers and the Civil Service and between Ministers themselves, is conducted in private and not disclosed outside the Welsh Government. On this basis, we would resist strongly any calls from the Public Accounts and Public Administration Committee or other Senedd Committee to release details of any advice given to Ministers and whether or not that advice was followed would also be resisted. We would also resist strongly any attempts to force disclosure of that advice through the FOI route, arguing that disclosure would be likely to inhibit the free and frank provision of advice and be likely to prejudice the effective conduct of public affairs, though we are required to consider each such FOI request on its merits. While our external auditors “Audit Wales” have a statutory right of access to all of our documents, including those which go to ministers, they would not normally make any reference to advice given to Ministers in their published reports.

2.9 Civil servants have a statutory duty to comply with the provisions of the Civil Service Code and its four principles:

• integrity – putting the public service above their own personal interests
• honesty – being truthful and open
• objectivity – basing advice and decisions on rigorous analysis of the evidence
• impartiality - acting solely according to the merits of the case and serving equally well governments of different political persuasions

2.10 The Permanent Secretary is the head of the Civil Service in the Welsh Government and has overall responsibility for all organisational and staffing matters in the organisation. They operate within the constraints of the budget allocated to them for these purposes by the First Minister, which is decided as part of the annual budget round.

2.11 The Permanent Secretary is also designated, under the provisions of the Government of Wales Act 2006, as the Principal Accounting Officer for the Welsh Government. This means that they have a personal responsibility for the stewardship and proper use of all the resources of the organisation, particularly the money. The Permanent Secretary has also designated some senior staff as Additional Accounting Officers for defined areas of the activity of the Welsh Government.

2.12 The Principal Accounting Officer and any Additional Accounting Officers are responsible for ensuring that all advice to ministers includes advice on the proper use of public funds. This includes consideration of:

• Regularity – ensuring that expenditure is within legal powers and complies with parliamentary authority, including budget ambits
• Propriety – ensuring that expenditure is in accordance with the values and behaviour expected of the public sector
• Value for money – ensuring economy, efficiency and effectiveness in public expenditure decisions
• Feasibility – ensuring that spending proposals can be implemented accurately, sustainably or to the intended timetable

2.13 If a minister wishes to proceed with a course of action which the Accounting Officer considers is incompatible with their responsibilities, then they have a duty to inform the minister of their concerns and seek to resolve the position through dialogue. If the issue still cannot be resolved, the matter would need to be discussed between the Permanent Secretary and the First Minister and, ultimately, the Permanent Secretary might need to see a Ministerial Direction from the First Minister, setting out their reasons for so doing. If the First Minister does issue a Ministerial Direction in response, then the Civil Service would proceed to implement the action requested. The advice from the Permanent Secretary and the Ministerial Direction in response are copied to the Auditor General for Wales and to the Chair of Public Accounts and Public Administration Committee (although, to put this in context, these issues arise rarely and there has only been one Ministerial Direction given so far since the Assembly was first established).

2.14 You can expect the civil servants with whom you work to treat you with the respect and courtesy due to your office and to seek to provide a professional service at all times. Similarly, the Ministerial Code states that ministers should be professional in their working relationships with the Civil Service and treat all those with whom they come into contact with consideration and respect. If you have concerns about the conduct of any member of staff, then you should raise them with the relevant Director General or with the Permanent Secretary in the first instance.

2.15 As set out in the Constitutional Reform and Governance Act 2010 and in the Ministerial Code, all appointments of special advisers in the Welsh Government are made by the First Minister.

2.16 Special advisers are a critical part of the team supporting ministers. They add a political dimension to the advice and assistance available to you while reinforcing the political impartiality of the permanent Civil Service by distinguishing the source of political advice and support. Special Advisers attend Cabinet.

2.17 The latest version of the Code of Conduct for Special Advisers was issued in May 2016.

2.18 Special advisers should not be confused with specialist policy advisers, who are civil servants employed to give specialist policy advice in their field of expertise and who sit within a specific policy department.

2.19 “Private office” is the traditional Civil Service terminology for a minister’s office. These are the officials you will work most closely with on a day-to-day basis. The office will support you on all aspects of your ministerial responsibilities. A close and effective relationship will be built on trust, mutual respect and confidence.

2.20 The following provides a starting point for a conversation with your office about your working preferences.

2.21 In summary your private office will:

• connect you to officials within your portfolio, other ministerial private offices, special advisers, and external stakeholders
• liaise with your constituency/MS support staff
• manage your diary in line with your requirements, commission advice, make travel arrangements, attend your meetings and record actions and accompany you to engagements when required
• ensure you have timely briefing to prepare for Senedd Business, working with colleagues to assure quality and brevity; your office will ensure your requirements are shared with colleagues in your portfolio and delivered in the needed format
• co-ordinate delivery of all your Ministerial business, including Cabinet, Plenary and scrutiny papers, including a daily folder of business
• provide advice, or seek advice from others, on the Ministerial Code, as required.

2.22 You should feel free to raise any issues with your private office; they can draw on advice from across the Welsh Government and will always try to help you find answers to questions and solutions to problems.

2.23 Your private office will be able to provide advice, or seek advice from others, on matters arising from the Ministerial Code in relation to your work; including the need to keep separate your ministerial and party-political roles and managing your constituency business while serving as a minister.

2.24 The volume of ministerial work is often high and inevitably it will be necessary to prioritise. You should discuss your priorities with your private secretary; they will be able to assist in marshalling your thoughts. Priorities can change over time, and you will review these matters regularly.

Private office and special advisers

2.25 Special advisers are appointed by the First Minister to help ministers align their work in keeping with the government’s politically mandated agenda. Private offices will develop close working relationships with Special Advisers and help ensure that they are sighted on diary, papers, meetings and material which will help them advise ministers effectively.

Private office and your constituency role

2.26 Your private office will understand the importance of your constituency role. They will form a relationship with your constituency/MS office and ensure that adequate time is provided in your diary for you to attend to constituency matters according to your preferences. They will also manage misdirected correspondence, ensuring it receives an appropriate response (this is covered in more detail in the section on ministerial correspondence).

Ministerial business

2.27 Ministerial duties are complex and can include, simultaneously, accountability to the Senedd, correspondence, communications, official visits, relations with Whitehall and other governments, as well as your duties to the First Minister, Cabinet and ministerial colleagues. Ministers are continually reviewing and developing policy, periodically leading to major announcements via white papers, statements or other means.

2.28 Your private office will commission work on your behalf so that you are briefed and prepared for your business, and work with colleagues across government to help ensure that deadlines are met and that problem issues are flagged in good time.

2.29 Your private office will attend all meetings where government business is discussed. They will ensure that any actions agreed are recorded and followed up as necessary with progress reported back to you.

Diary management

2.30 Effective diary management is an essential tool for ministers. Your private office will discuss your preferences and make recommendations for constructing a diary approach which meets your needs and helps you work effectively. Use of digital technology provides opportunities for working and meeting flexibility. Ministers can also access Welsh Government offices across Wales if that is convenient and helpful.

2.31 Your office will protect your time from random interruptions while alerting you to important priority developments. As a Minister you will work with teams of civil servants across government. There will always be a limit on how much time is available, but your office will encourage you to develop direct and regular relationships with the officials that can help you do your work.

2.32 Guidance on ministerial diary cases is available from your office, which covers how to consider the suitability of an invitation, what to include in briefing and how to cover cross portfolio issues.

Correspondence

2.33 The amount of correspondence received by a minister usually depends on the portfolio. Some attract very high volumes while others can be relatively modest. The ministerial correspondence protocol, found in section 3 of this handbook, sets the default position for the handling of correspondence. However, you should discuss your preferences with your office. Some kinds of correspondence can most efficiently be handled by your officials while others will merit a direct ministerial response. Alongside your private office, special advisers should be part of this discussion, with a special regard for political sensitivities.

Your IT

2.34 IT plays a vital role in working effectively. Your office will supply necessary equipment for use on government work and discuss any additional IT needs you may have to ensure you can work effectively whether at home, in the office, or in ministerial transit. IT support is available in-house, and your office will arrange training or support as required. The Welsh Government is committed to environmental sustainability and use of paper is discouraged where adequate digital provision is available.

Official car service

2.35 Ministerial cars are provided to help ministers do their work efficiently. The Ministerial Code sets out clear circumstances in which official cars may and may not be used, and it is important to respect these rules. Your office will make necessary travel arrangements for all your ministerial business and provide advice on the proper use of official transport.

Ministers and well-being

2.36 Ministers are encouraged to take and preserve downtime when they can. Your working life, and that of your private office, will be very busy and tiring; time away from work is essential for well-being on both sides.

2.37 However, it is important that you always remain contactable by your office; even when you are on holiday and not working your office should be able to make contact quickly in an emergency situation. Likewise, your private office is contactable by you out-of-hours in the event of an urgent situation.

2.38 Above all, your office is there to help you.

2.39 The Welsh Government Communications Service provides support to all ministers across press and media, digital, campaigns and other communications activities. Portfolio heads of communications will work with each minister to establish communications priorities, plans, and key messages as early as possible.

2.40 Each minister has a dedicated press and media team for both proactive and reactive work, as well as advising on and briefing for media interviews.

2.41 There is a 24/7/365 duty rota for out of hours responses and ministerial support. Media training can also be provided as required.

2.42 Ministers remain free to use their personal and MS social media channels, but these are frequently picked up by the media, so it is important to be mindful of the obligation to maintain collective Cabinet responsibility and ensure nothing is posted which conflicts with government policy. The provisions of the ministerial Code apply to all social media postings, including those made in a personal capacity and all ministers must express views and respond to other users with moderation and with regard to the reputation and good standing of the Welsh Government.

2.43 Cabinet Office is a small team whose role is to support the First Minister and Cabinet in delivering their Programme for Government. Cabinet Office works closely with special advisers and senior officials to ensure that policy development and delivery matches political expectations. The work of Cabinet Office is determined by the First Minister and overseen by the Counsel General and Minister for Delivery.

2.44 In pursuance of this core objective, Cabinet Office currently has responsibilities in 3 broad areas.

Programme for Government

2.45 The Programme for Government contains the commitments made by Welsh Labour in their 2021 election manifesto and was published in June 2021. It was updated in December 2021 to incorporate the Co-operation Agreement with Plaid Cymru, which ended on 17 May 2024.

2.46 The current Programme for Government includes 115 commitments that span all portfolios and are collectively owned by Cabinet. A further 169 commitments are included in the document but are the responsibility of individual portfolio ministers.

2.47 The Well-being of Future Generations Act (Wales) 2015 places a duty on Welsh Ministers to publish well-being objectives that set out where government can make the greatest contribution towards the well-being goals. There is also a requirement to annually review the well-being objectives and publish a report on progress.

2.48 Since enactment of the legislation, the Programme for Government has been structured around the well-being objectives, placing them at the ‘heart’ of government in line with statutory guidance.

2.49 Cabinet Office has responsibility for:

• supporting the development and publication of the Programme for Government, including advice on setting well-being objectives that discharge the duties placed on Welsh Ministers in the Well-being of Future Generations Act (Wales) 2015
• developing and publishing a well-being statement to accompany publication of well-being objectives in accordance with the aforementioned legislation
• preparing and publishing the government’s annual progress report including the annual review of well-being objectives – the report forms the basis of the annual debate on government priorities (and the legislative programme) which is a requirement under Senedd Standing Order 11.21(ii), and
• regular monitoring of progress on key areas of the programme for government to the First Minister and Cabinet.

Development of forward work programmes for Plenary and Cabinet

2.50 The government is allocated approximately two thirds of Plenary time, and the programme of business is determined by the Government alone. The programme is made up of questions, legislation, oral statements on important, high profile, controversial or topical announcements, and debates that provide the opportunity for exploring issues in greater depth and holding votes on matters to pass (or not) Senedd resolutions.

2.51 The Cabinet currently meets weekly during term-time to reconcile ministers’ individual responsibilities with their collective responsibility. Its business consists, in the main, of matters which significantly engage the collective responsibility of the Welsh Government, either because they raise major issues of policy or because they are of critical importance to the public. As a general rule, ministers should put before colleagues the type of issues on which they would wish to be consulted.

2.52 Cabinet Office has responsibility for:

• working with senior officials and special advisers to identify items requiring Plenary or Cabinet attention on a termly basis for consideration by ministers and the First Minister
• developing a balanced and timely forward work programme for both Plenary and Cabinet, and
• management of the Cabinet forward work programme and support for the quality assurance process for Cabinet papers.

National milestones for Wales

2.53 The Well-being of Future Generations Act (Wales) 2015 places a duty on Welsh Ministers to set national milestones (targets) in relation to the National Well-being Indicators which Welsh Ministers consider would assist them in measuring whether progress is being made towards the achievement of the well-being goals. Seventeen national milestones were developed, agreed by Cabinet and laid before the Senedd between January 2021 and November 2022.The national milestones cover a wide range of portfolios and were designed to be delivered in collaboration across the Welsh Government and with Welsh public bodies.

2.54 National milestones have not been designed to be performance targets for individual organisations, but rather aspirational national targets based on the collective contribution of government and public bodies working together. They were developed by policy leads working closely with key public body stakeholders and supported by the most robust data and statistics available to Knowledge and Analytical Services (KAS) during the period of development.

2.55 Cabinet Office has responsibility for:

• the overall oversight and monitoring of management of the delivery of national milestones by 2050, reporting progress to the First Minister and Cabinet
• providing support to portfolios on the ongoing delivery and integration of individual milestones, and
• development of a robust and compelling narrative around the value and purpose of national milestones working closely with the Sustainable Futures Division and KAS.

2.56 Cabinet Secretariat, within Cabinet Division, act as the main point of contact for dealings between the Welsh Government and the Senedd Commission. Cabinet Secretariat has a wider role in relation to providing the secretariat for Cabinet and Sub-Committee meetings. It also has oversight of the Division's corporate business, including Freedom of Information requests, the official car service, IT and the Correspondence Unit along with the related policy.

2.57 Cabinet Secretariat’s responsibilities, in so far as they relate to interaction with the Senedd, include:

• Supporting the minister nominated to manage Government Business in the Senedd (including attending the Business Committee)
• Working with Cabinet Office and the Senedd Commission to manage the Plenary forward work programme
• The facilitation of Cabinet Statements, Debates (motions and amendments) and Questions
• Laying Welsh Government documents before the Senedd, and
• The liaison point between the Senedd and Welsh Government staff relating to Senedd Policy Scrutiny Committee Business.

Analysis and the use of evidence informs all decisions civil servants make and all the advice they provide to Ministers. One of the 4 core values of the Civil Service is ‘objectivity’, defined as ‘basing your advice and decisions on rigorous analysis of the evidence’.

Civil Service Code

2.58 Analysis is a necessary building block for government decision making. A good understanding of policies, how they are being delivered, their value, risks, effectiveness and value for money gives policymakers and those on the frontline the information they need to make informed, well-targeted and cost-effective decisions. It is also crucial to open policymaking. Decisions made without such evidence can lead to policies failing or not delivering as expected, poorer outcomes for society and inefficient allocation of resources. It is important that use of evidence and analysis is proportionate and timely.

2.59 Knowledge and Analytical Services (KAS) exists to bring together knowledge, information and analytical specialists, to help:

• increase the use of evidence and improve decision making
• develop an evidence base – including identifying existing evidence and assessing its quality and relevance
• commission or undertake analysis to fill gaps or to meet new needs, ensuring that commissioned research is designed and planned effectively
• work collaboratively with other analysts both within and outside of Welsh Government
• support professional standards and enhance everyone’s ability to use information and evidence, and
• publish statistics and social research that meet the needs of society and to support the transparency of Welsh Government decision making, in a manner that is open, trustworthy and accessible.

2.60 KAS provide support with evidence throughout the lifetime of the policy cycle including planning; implementation or process evaluation; and monitoring or evaluating impact.

2.61 KAS comprises:

• Statisticians: who collect and analyse data to support evidence-based policy development; monitor the implementation of policies and targets; provide support for resource allocation; develop analytical models and communicate statistics within and outside government.
• Social Researchers: who measure, describe, explain and predict changes in social and economic structures, attitudes, values and behaviours and the factors which motivate and constrain individuals and groups in society. Key areas of support include conducting evaluations of existing policies as well as collating and/or gathering new evidence to support policy development.
• Geographical Services: who provide information and analysis on digital and paper maps, creating map-based apps, historic aerial imagery, advice on geographic data standards and the production of high-quality, print-ready cartographic artwork.
• Data Scientists: who bring together maths, statistics and computer science to improve data processes or unlock the value in data, often using large or unconventional data such as text or images.
• Information, Library and Archive Services: who make available a range of information resources and provide an advisory service on information sources. A key area of support is through literature searches for policy teams to find existing information of relevance to their interests.
• Economists: who provide analytical advice on policy, based on critically synthesising and applying relevant research and using approaches such as cost-benefit analysis and options appraisal based on the professional technical standards set out in the ‘Green Book’ and other guidance documents.

2.62 Statistics and Research are published by KAS to a pre-announced schedule through the Welsh Government website. Statistical outputs generally follow a well-established regular timetable - weekly, monthly or annual for example, whilst Research reports are published at the conclusion of a project (for example an evaluation of a particular policy).

2.63 Standards and Guidance for the management and publication of Official Statistics and Social Research can be found at Annex B.

The Welsh Government’s role in emergency preparedness

2.64 The primary role of government is to keep its citizens safe. The National Security and Resilience Division (NSRD) supports the First Minister, cabinet secretaries, ministers and Welsh Government departments in that endeavour. NSRD is responsible for coordinating the Welsh Government’s risk management, preparedness and crisis management work, supporting ministers in fulfilling their statutory functions as set out in the 2004 Civil Contingencies Act (CCA), and for setting compliance standards and supporting Wales’ 4 Local Resilience Forums: Dyfed Powys, Gwent, North Wales and South Wales.

2.65 While management of specific civil protections risk and associated preparedness, such as those relating to public and animal health, flood risk management, food supply chains, environmental contamination or water supply, fall to respective Welsh Government Cabinet Secretaries, strategic policy and matters relating to resilience, national security and cyber security fall to the First Minister.

Civil Contingencies Act 2004

2.66 The 2004 Civil Contingencies Act sets out the legislative framework for emergency preparedness in the UK. It provides a clear definition of an “emergency”, creates the conditions for effective multi-agency working at the local level, and provides emergency powers (Part 2 of the CCA) to UK ministers to make temporary special legislation in the most serious of emergencies (although emergency powers have never been invoked). Part 1 of the CCA focusses on local arrangements for civil protection in England and Wales, establishing a statutory framework of roles and responsibilities for local responders, providing structure and consistency for delivery and coordination of emergency preparedness activity.  

2.67 While the CCA places no statutory obligations on the Welsh Government (nor the UK or other devolved governments), the Welsh Ministers’ (Transfer of Functions) Order 2018 transferred functions under Part 1 of the Act, providing the Welsh Government with powers to issue regulations and guidance to statutory emergency responders in devolved sectors. No regulations or guidance have been issued at this time, and the expectation is that responders should adhere to the extant 2005 England and Wales Civil Contingencies (Planning) Regulations.

2.68 The CCA sits alongside specific emergency-related legislation, such as that relating to animal health and disease, flood risk management, water industry and public health.

2.69 The Welsh Government adheres to the long-established and best practice emergency planning principle of subsidiarity, as do all UK administrations. The Welsh Government adopts the lead department model to cover all phases of emergency planning, response, recovery and risk assessment. Cabinet Secretaries, drawing on the support and advice of their officials, who themselves are supported by NSRD and expert services (such as Communications, Legal Services and Knowledge and Analytical Services) are responsible for national level:

• Risk anticipation: Maintaining awareness of the changing set of risks, threats and vulnerabilities including horizon-scanning for new and emerging risks within the areas of responsibility, identifying specific risks to prepare for, and updating their risk assessment accordingly.
• Risk assessment: Assessing the potential scenarios for their sectors and functions, including the reasonable worst-case scenarios, should the risk materialise, and assessing the impact and likelihood of these scenarios.
• Prevention and mitigation: Introducing measures which build resilience in their sectors, preventing risks from occurring or reducing their severity.
• Preparation: Developing plans for responding to and recovering from an emergency and testing their effectiveness, including regular exercises, including that of their sectors and services.
• Response: Leading the strategic response to an emergency. Response encompasses the decisions and actions taken to deal with the immediate effects of an emergency.
• Recovery: Leading a recovery process following an emergency, if needed. This might include long-term activities like the reconstruction of physical infrastructure or the restoration of emotional, social and physical well-being for affected communities.

Emergency preparedness

2.70 The Welsh Government’s main objectives are to provide leadership and support to emergency responders, and to coordinate work across the resilience ecosystem, in partnership with responders, the UK and other devolved governments, to manage and mitigate civil contingences risks, enhance Wales’ resilience and our ability to respond to and recover from major disruptive challenges.

2.71 An important component of Wales resilience governance is the Wales Resilience Forum, chaired by the First Minister, which brings together senior leaders and chief officers from the resilience community to promote effective communication and collaboration for the enhancement of risk management and preparedness.

Responding to emergencies

2.72 Most emergencies in Wales are managed at the local level by the emergency services, local authorities, and other responder organisations, such as Natural Resources Wales, Public Health Wales, water and energy companies and transport operators, with multi-agency coordination and decisions being undertaken through local Strategic Coordination Groups where necessary. However, because of scale or complexity, some emergencies may need a degree of government coordination or support, with the Welsh Government taking the lead for all devolved areas. The Welsh Government works closely with the UK government on incidents within reserved areas, where these also impact across devolved policy areas.

2.73 The Pan Wales Response Plan sets out the arrangements for management of major emergencies affecting several or all parts of Wales.

2.74 In the event of a major or catastrophic emergency, for example widespread and substantial flooding across Wales, major industrial accident or disruption, or terrorist attack, officials would keep Cabinet Secretaries appraised of the situation, coordinate the Welsh Government’s response, share information (including with the UK government, via COBR Unit), record and disseminate decisions, and provide advice to the First Minister, Cabinet Secretaries and Ministers on any decisions they may need to take to support response and recovery efforts.

Crisis management / Emergency Co-Ordination Centre (Wales) (ECCW)

2.75 Under the Pan-Wales Response Plan as part of the Crisis Management function - the Welsh Government can activate the Emergency Co-ordination Centre (Wales) to support the co-ordination of the response to any major incident. The role of ECC(W) is primarily to support the co-ordination and information gathering to keep the First Minister, Welsh Cabinet Secretaries and the UK government informed of the implications of emergencies in Wales. At the same time, it keeps multi-agency Strategic Co-ordinating Groups (SCGs), and individual agencies informed about developments at the UK level which will affect them. It will also offer assistance, where possible, to SCGs; particularly in respect of consequence management and recovery issues.

2.76 The ECCW is structured in such a way that where appropriate it can allow representatives of all key government departments to be able to co-locate and operate in a shared environment. Separate ‘cells’ can quickly be established for Health, Transport, Energy, Animal Health, etc., depending on the nature of any given emergency situation. At other times, the ECCW processes can operate virtually.

2.77 The role of the ECC(W) is to:

• co-ordinate the gathering and dissemination of information across Wales
• ensure an effective flow of communication between local, pan-Wales and UK levels, including the co-ordination of reports to the UK level on the response and recovery effort
• brief the Lead Official and Wales Civil Contingencies Committee
• ensure that the UK input to the response is coordinated with the local and pan-Wales efforts
• provide media and communications support through the Welsh Government Communications Division
• assist, where required by the SCGs, in the consequence management of the emergency and recovery planning
• facilitate mutual aid arrangements within Wales and, where necessary, between Wales and the border areas of England, and
• raise to a UK level any issues that cannot be resolved at a local or Wales level.

The Resilience Unit, which is part of the National Security and Resilience Division is responsible for supporting the activation of the ECC(W).

2.78 The Welsh Government has created a number of public bodies, such as the Welsh Revenue Authority, Natural Resources Wales, and Transport for Wales, to deliver particular ministerial functions. It has also had some long-standing bodies transferred to it, such as HM Chief Inspector of Education and Training in Wales and National Museum Wales. Since 2018, 16 new bodies have been set up and 5 replaced or abolished, with a further 2 due to be established before 2026. There are currently 48 devolved Welsh bodies (including Health and National Park bodies) listed in the Order in Council which sets out the public bodies regulated by the Governance Code on Public Appointments.

2.79 On occasion it is appropriate for the Welsh Government to set up a new body to deliver functions on its behalf, where it makes sense for functions to be carried out at some distance from ministers and government. This could either be as a statutory arm’s length body (ALB), a Welsh Government-owned company, a non-ministerial department, or a statutory office holder (such as HM Chief Inspector of Education & Training). Public bodies are mainly established for three core reasons:

1. to perform a technical function
2. to carry out activities which require political impartiality, and
3. to act independently of departments in some regards, for example regulators, inspectorates, Commissioners and advisory bodies.

2.80 Public bodies are an important element both in terms of how ministers and departments achieve objectives and implement policy, and how the public, and specialist sections of it, interact with the government.

2.81 Public bodies can be either executive, tribunal or advisory. Most ALBs and all companies have a Board to steer the activities of the body within the relevant legislation and remit set down by the government. Boards include people with particular skills and experience in the function of the body as well as members with financial expertise to oversee audit and risk management. All bodies are expected to follow the Code of Governance on Public Appointments, even when not legally required to do so.

2.82 ALB and company chief executives are designated as Accounting Officers by a Welsh Government Additional Accounting Officer (Director General) or the Principal Accounting Officer (Permanent Secretary). This gives the Accounting Officer a personal responsibility for the proper and effective use of public moneys and makes them directly accountable to the Permanent Secretary and to the Senedd for the proper control and management of the resources of the body.

2.83 The Welsh Government and all its public bodies aim for a relationship of mutual trust and respect where bodies are given appropriate freedom to make decisions in return for being visibly accountable for the decisions they make, as opposed to micro-management and detailed control of those bodies.  This is always a matter of balance and there are agreed limits on delegated decisions and spending for each body, meaning that certain decisions by a public body may need Welsh Government approval before being implemented.

2.84 In addition to the operation and establishment of traditional bodies, ministers have other options, for example setting up arrangements with local authorities, other public bodies or outside companies, such as joint ventures and joint operations. Such arrangements can be effective but do present risks to the Welsh Government. It is, therefore, important these arrangements are set up and managed correctly.

2.85 There are a number of levers which exist for ministers, the Permanent Secretary and Additional Accounting Officers to oversee and influence the delivery of their objectives through public bodies. Remit Letters  are issued once in every government term and set out the policy background, high level targets and wider expectations of ministers for each body. Framework Documents  set out the relationship between bodies and Welsh Ministers, including roles and responsibilities, and the terms and conditions under which they receive public money. Annual funding letters set out the specific money available for each financial year and the expected outcomes for that year. In addition, ministers meet the chairs of ALBs at least annually and are regularly invited to speak at the twice-yearly Public Leaders Forum attended by chairs and chief executives of public bodies in Wales.

2.86 Public appointments to all regulated bodies are made in accordance with the Public Appointments: Governance Code of Practice by the Public Appointments Team working alongside Partnership Teams. The Commissioner for Public Appointments serves as the independent regulator, ensuring that appointments adhere to the code. Ministers are responsible for public appointments within their portfolio and are held accountable to the Senedd for proper processes and appointments to public body boards. They are involved at every stage of the appointment process in line with the code. This means:

• Ministers must be consulted before a competition begins to agree on the job description, tenure and remuneration for the role. They can also propose amendments. Any advice given to ministers should include information on the composition and diversity of the current board. Requests for reappointments should also include this information and be submitted early in the planning processes. Reappointments must be based on merit.
• Ministers should approve how the position will be advertised and the selection process to be used. Assessment and selection procedures should be proportionate to the appointment in question and may vary depending on the role and the body.
• Departments must obtain ministerial approval before engaging recruitment consultants. The case for using recruitment consultants should outline the necessity and value for money with their use being an exception rather than the rule. Alternatives to recruitment consultants should be considered when identifying and attracting potential candidates. If consultants are used, ministers should be given the opportunity to meet with them, and officials must ensure the consultants are fully aware of ministers’ views at each stage.
• Ministers must approve the composition of Advisory Assessment Panels, which are responsible for keeping the minister informed about progress at every stage of the competition.
• Before a competition opens, ministers and other relevant stakeholders should be consulted for recommendations of individuals to approach. When the competition closes, ministers should be consulted on the quality and diversity of candidates and whether a competition should be extended. Ministers should also have the opportunity to provide input into the Advisory Assessment Panel on candidates at all stages.
• Departments should ensure that ministers have sufficient opportunity to engage with the Chair of the board for the role being appointed. Chairs are well-positioned to advise on the skills and experience needed to ensure the board functions effectively.
• At the end of the process, ministers should be presented with a selection of appointable candidates. Panels should not rank candidates unless the minister specifically requests this. Ministers have the option to not to appoint any of the candidates and re-run the competition.
• Ministers must be given an opportunity to meet candidates before and/or after interviews.
• Ministers may, where appropriate, delegate responsibility for certain appointments to the relevant body to handle the process and make appointments. This should be agreed with the Commissioner for Public Appointments, including any necessary exemptions from the code.

2.87 Welsh Government has a number of legal obligations with respect to the way that information is stored and managed; the Public Records Act and UK GDPR. Our information is valuable to others, e.g. nation states, hacktivists and organised crime. As set out in the Ministerial Code, any communication on Government business engages these obligations and the obligation to ensure accurate public records are kept. Welsh Government business must therefore only be conducted on devices that are issued to you by Welsh Government, and you should not use any unofficial channels, e.g. WhatsApp to conduct government business or communicate with officials.

2.88 Further information can the use of government devices be found in Annex A.

2.89 Our corporate communication channels are Welsh Government email and Microsoft Teams for video calls and chat messaging. All copies of information that relate to Welsh Government business are part of official records irrespective of their format, e.g. this includes handwritten comments in hardcopy notebooks.

3.1 This section covers the main principles and procedures governing decision making made by ministers, including Cabinet and Cabinet committees. It also covers ministerial correspondence.

3.2 Cabinet is the central decision-making body of government. It is a collective forum for ministers to decide significant issues and to keep colleagues informed of important matters. Final decisions on Cabinet business and procedures rest with the First Minister.

3.3 The principle of collective responsibility underpins the system of Cabinet government. This means that a decision taken by one minister is binding on all others and they must defend the decision in public, as it is official government policy, regardless of their own personal opinion.

3.4 It is essential that ministers have the opportunity to freely and frankly consider all major decisions taken by the Welsh Government. This occurs either through discussion at Cabinet or Cabinet Committee and Sub-Committee meetings, or via the submission of ministerial advice which is copied to all relevant ministers.

3.5 It is ultimately for the First Minister to decide if an issue should be discussed by Cabinet. As set out above, Cabinet Office is primarily responsible for the identification and planning of Cabinet business, and Cabinet Secretariat is responsible for the organisation of Cabinet meetings and the production and publication of Cabinet minutes.

3.6 As part of the Welsh Government’s commitment to open government, Cabinet agendas, minutes and papers (those not subject to Freedom of Information exemptions) are published on the Welsh Government’s website at least 6 weeks after each meeting.

3.7 The First Minister may establish Cabinet committees, sub-committees or ad-hoc groups to consider specific issues or policy areas. The terms of reference and membership of these committees or groups are determined by the First Minister.

3.8 Cabinet committees have 2 key purposes:

• To relieve pressure on the Cabinet by enabling as much business as possible to be settled at a lower level. Therefore, matters considered by a Cabinet Committee should, only by exception, also be considered by Cabinet.
• To support the principle of collective responsibility by ensuring that, even though a question may never reach the Cabinet itself, it will be fully considered. In this way, the final judgement is sufficiently authoritative that government as a whole can be expected to accept responsibility for it.

3.9 More broadly, Cabinet committees provide a framework for collective consideration of, and decisions on, major policy issues and questions of significant public interest. They ensure that issues that are of interest to more than one department are properly discussed and that the views of all relevant ministers are considered.

3.10 Additionally, a number of ad-hoc ministerial groups may be established to consider specific issues.

Protocol

3.11 The protocol sets out the broad principles guiding decisions on how best to treat ministerial correspondence (i.e. addressed to, or to be answered by, ministers) These are not always absolutely clear lines, but the following prompts should help guide most cases.

3.12 It also explains process and procedure, to provide a consistent starting point for ministers to decide how they wish their correspondence to be handled.

3.13 This protocol will primarily be used by the Correspondence Unit to determine how to treat and allocate incoming pieces of correspondence.

Principles

3.14 Correspondence should be dealt with appropriately, proportionately and promptly.

3.15 We aim to issue a response within 17 working days of receipt.

3.16 Where correspondence is addressed to multiple ministers, we issue a composite response signed by a single minister on behalf of the government, covering the full contents of the letter. Relevant ministers would have the opportunity to consider the draft before issue.

3.17 While this protocol sets the default private secretaries should discuss with ministers, special advisers and Correspondence Unit, their preferred approach to handling correspondence to be conveyed to the relevant policy areas. Ministers retain discretion over the correspondence they wish to handle personally, as well as over the standard deadlines for response, referred to above.

3.18 Handling issues should be discussed with the Correspondence Unit.

Guidelines for handling correspondence

1. No response required
   • Circulars, “round-robin” letters, routine campaigning material, newsletters
   • Vexatious Correspondence where the correspondent has been told we will not reply.
   • Abusive, threatening and aggravating letters (in serious cases these should be referred to the police)
2. Acknowledgement only required
3. Treat Official
4. Ministerial responses

Relationship with constituency office

3.19 The Ministerial Code sets out the need to keep ministerial and constituency roles separate. In terms of correspondence this presents two challenges.

3.20 Firstly, members of the public may not make the distinction, meaning correspondence is misdirected. E-mails and correspondence would normally be forwarded accordingly (i.e. the constituency office would pass ministerial correspondence to Correspondence Unit and vice versa).

3.21 Secondly, you will also be approached by constituents in relation to portfolio responsibilities. Generally, for written correspondence, you can respond to constituents on a portfolio matter directly as minister, though care should be taken to avoid any criticism that a constituent is being advantaged, or disadvantaged, as a result of the 2 roles. This is line with the normal protocol that a constituent should contact an MS, and the MS would contact the minister on their behalf. Where the minister and the MS are the same person that step is implicit, so ministers do not need to write to themselves to deal with correspondence on portfolio matters.

3.22 The exception is when a conflict of interest arises between the 2 roles. In these circumstances, the correspondence would then be dealt with via the provisions in the Ministerial Code. Your private office will provide advice on actual and/or perceived conflicts of interest.

Purpose

4.1 This note sets out how you can expect civil servants to provide policy advice to you on the delivery of your policy objectives, this will come forward in the form of an MA (ministerial advice). It provides briefing on the process and principles of good policy-making, the assessment of impact, the relationship with officials, and provides a starting point for discussions with officials on the delivery of your priorities. This note fits within the wider framework of the Civil Service Code.

Policy advice

4.2 The Permanent Secretary is the Chief policy advisor to the First Minister and Welsh Ministers. The role of the Civil Service is to support you in successfully delivering the commitments outlined within the Government programme through effective policy-making and public service delivery. You should expect the Civil Service to provide high quality policy advice to deliver your objectives. The aim is to help you make decisions that reflect the best available evidence, that are deliverable, and that recognise political imperatives and constraints.

4.3 You should expect officials to:

• Ensure that policy development work focuses on delivering the commitments set out within the Government programme and stated policy outcomes and objectives.
• Provide evidence-based, robust, creative and impartial advice, with evidence of the potential impact (via Integrated Impact Assessment).
• Work collaboratively with colleagues across the organisation and with external delivery partners to ensure effective joined-up policy development and delivery.

The policy making process and principles

4.4 Welsh Government officials are encouraged to follow five stages of the policy cycle, consider five tests for policy making, and five ways of working sustainably under the Well-being of Future Generations Act. This is in order to build up a comprehensive, balanced case to advise you on the delivery of your policy objectives.

4.5 The 5 stages of the policy cycle are:

1. Case for Change - This stage is about understanding the problem the Government is trying to tackle, what the rationale for government intervention is, and what the desired policy outcomes are.
2. Options - The options stage is about identifying and appraising the alternatives available to deliver the desired outcome. As part of the options stage officials will present you with evidence they have gathered and evidence of the potential impact. By the end of this stage, officials will be able to provide you with well-evidenced advice detailing different ways of achieving your policy objectives with a firm recommendation. In practice, there may be multiple iterations of advice to you to test and scope out these options and preferred recommendation.
3. Preferred Option - The preferred option stage is about developing and testing your preferred option further, making sure that the proposal is focused on delivery throughout. This will include more precise information on costings, risks and impact.
4. Implementation - Once you have approved your preferred option, officials will proceed to implementation. The work may then be passed to other officials who will lead the delivery of the work and refinement of the implementation mechanisms.
5. Evaluation and monitoring - Evaluating policies and learning lessons from them is an essential part of improving. Analysing comprehensive evaluation work should form a critical part of new policy development and implementation.

4.6 Whilst the above stages are presented in chronological order there will be iterations of policy advice which may revisit earlier stages or repeat the options stage when moving to choices around implementation. They are similar to and compliment the five-case business model.

4.7 To maximise the impact and quality of our public services, as well as cost effectiveness and productivity, following a digital approach is a key part of good policy development. Digital transformation is not about technology - it is a change of mindset - using modern tools and skills, working openly, collaboratively and putting users at the centre of policy and delivery. It means designing services that meet the need of the people who are going to use them, not designing around organisational structures.

4.8 Good digital transformation involves designing services that are accessible, safe and simple so that people choose to use them. Good digital delivery uses an agile methodology of discovery (ask users what they need), alpha (prototype the service/policy), beta (build it and test it out on some users), and, live (make it available to all users). This is all supported by a model of continuous improvement based on user feedback. Agile methodology is closely aligned to the policy development cycle.

4.9 The 5 tests considered throughout each of the policy making stages which inform the advice you receive are:

1. Fit with the government’s programme and ministerial priorities
2. Impact on Wales and its people, now and in the future.
3. Costs of the decision and/or investment – affordability and value for money.
4. Mechanisms available to compliantly deliver the changes required
5. Management arrangements (including where multiple ministers will need to approve).

4.10 The five ways of working that should be applied in policy making, and which Welsh Ministers are subject to under the well-being duty (sustainable development principle) of the Well-being of Future Generations Act are:

1. Long-term - Thinking about the long-term implications of the decision
2. Integration - Taking an integrated approach – by understanding economic, social, environmental and cultural wellbeing aspects.
3. Collaboration – Understanding who will need to be involved in the delivery of the policy objectives (delivery partners).
4. Involvement – Ensuring that the people likely to be affected by the policy have been involved.
5. Prevention – Understanding the root causes that the policy objective is aiming to tackle and consider ways to prevent or minimise these problems from occurring in the future.

4.11 Applying a digital approach helps support these ways of working. Joined-up digital public services will be delivered through collaboration and integration, where possible re-using existing components and investment to maximise value for money and enhancing the consistency of user experience. Good engagement supports the design of user-facing services that prevent inefficiencies and inconsistent experience for the citizen. Designing services in an iterative, agile and user-focused way ensures services are designed for the long-term and are safe and accessible to use.

Assessing impact

4.12 As well as being a statutory duty in some cases (e.g. equality and children’s rights), assessing the likely impact of policies (positive/adverse) is a key component of good policy making in Welsh Government. To be effective, this needs to start early and be an iterative activity throughout the policy development process, with the findings being used to inform options and the preferred option. Assessing impact may involve drawing on data sources, customer journeys, lived experience, user feedback, co-production and stakeholder engagement to understand the likely impacts of the policy on particular groups of people (for example equality impact assessment, children’s rights impact assessment, Welsh language impact assessment, Data Protection impact assessment) and considering wider impacts such as environmental impact. The Well-being of Future Generations approach can help to ensure these impacts are considered in an integrated way.

4.13 The way in which we record and evidence that government has assessed the impact of a particular decision or policy is through the completion of the relevant sections of our ‘Integrated Impact Assessment’ template. This is a document that records all the factors that have been considered, and where relevant and legally required, document the impacts on a particular issue, population, place, etc. It also offers an opportunity to shape policy in a way which accounts for potential impacts if done early enough. Depending on the legal requirements parts of the IIA and other assessments (e.g. equality and children’s rights) will be published on gov.wales.

Receiving policy advice

4.14 As set out above, ministers receive formal policy advice through the ministerial advice (MAs) process. Some MAs are to note, where ministers are being asked to make a decision (i.e. on funding) a Decision Report will be issued by officials.

4.15 Each ministerial advice document will have a Statement of Assurance signed by the Deputy Director. This confirms that they are satisfied that Welsh Government policy priorities and cross-portfolio implications have been considered. The Deputy Director is also confirming that due process has been followed in terms of the policy-making process; with impacts assessed, users and stakeholders engaged, options assessed, and a collaborative and integrated approach taken. You will not necessarily need to see the full detail of the policy analysis, but they will need to know the outcome of the assessments so that these can inform your decisions.

Risks around policy-making

4.16 It will often be difficult to follow the optimum policy making process and there will be times where you will be making decisions at pace, with incomplete evidence, and without being able to fully engage with those affected by decisions. This can lead to unintended consequences that may later need to be managed or mitigated and rely on greater monitoring and evaluation of policies so that future improvements can be made. It can also lead to impacts beyond the government term on future generations. In these circumstances a proportionate approach may be needed.

4.17 In practice manifesto commitments become the ‘preferred option’ in the policy cycle. However, the policy development process can still be usefully applied to work out a robust and cost-effective way to implement it. The translation of manifesto commitments into a clear policy and implementation strategy may still need to test the case for change, the evidence for intervention, user needs, key issues and options to ensure that the outcome desired by Welsh Ministers can be achieved through a particular policy.

4.18 The quality of the relationship between ministers and officials has a significant impact on the ability to present more creative alternative options and advice, and for that to be accepted and fully considered. There may be times where officials will challenge you on the policy objective or outcome you wish to achieve, and in turn ministers may challenge officials. This should all be conducted based on mutual respect. For example, the challenge may come from presenting alternative options or amendments to the policy. This may be to ensure the policy is deliverable; evidence based and has a good understanding of the intended and unintended consequences of the policy.

4.19 Welsh Government aims to embed a variety of evidence into its policy making in government and wider public services. Alongside Welsh Government Knowledge and Analytical Services (KAS), the Wales Centre for Public Policy (WCPP) supports policymakers and public services in Wales to access and apply independent research evidence and expertise that helps improve policy making and delivery. WCPP deliver a Welsh Government Ministerial work programme, in which they provide evidence and independent advice. The Centre is a collaborative venture funded by the Economic and Social Research Council (ESRC), Welsh Government and Cardiff University. The Welsh Government Ministerial work programme is designed to deliver projects to inform early stages of the policy making process, e.g. answering ‘what works’ type policy questions. The Ministerial work programme is owned and signed off by the First Minister. There is space on the work programme for the First Minister and ministers to identify research priorities that WCPP can support. Administrative oversight of WCPP sits under the Director of Continuous Improvement and Head of Policy Profession.

Purpose

4.20 The note is intended to provide a starting point for how you can use the duties on Welsh Ministers to promote and carry out sustainable development in the Government of Wales Act 2006 and the Well-being of Future Generations (Wales) Act 2015 (‘the WFG Act’) to deliver your stated policy objectives. This note is supplemented by ‘The Essentials’ guide which provides an overview of the WFG Act.

Sustainable governance

4.21 One of the more distinctive aspects of government in Wales has been the duty to promote sustainable development. This originated in the Government of Wales Act 1998 and 2006, and in 2015 this duty evolved into a wider, more comprehensive framework in the Well-being of Future Generations Act that captured not just government but also public bodies in Wales.

4.22 Sustainable development is a practical approach which maximises positive outcomes by recognising the interdependencies between the economy, the environment, society and culture. It is about securing long-term well-being working in ways that look to the long-term, achieve policy coherence, involve people reflecting the diversity of Wales, collaborating with partners to deliver shared solutions and preventing problems before they arise.

4.23 When appropriately applied, it is a concept which allows creative thinking about the interrelatedness of complex, far-reaching problems and generates new and innovative solutions. Sustainable development is therefore a systems-based approach for achieving positive, enduring change. In Government, as in our everyday lives, the problems we face are often perceived as isolated situations or events not connected to each other, the world around us and that of future generations. Often the everyday pressures faced by Ministers and officials, coupled with the intense media and public pressure to respond instantly to events, can encourage a siloed approach to dealing with issues.

4.24 There remain many myths about the WFG Act, what it does and does not do and these undermine the long-standing commitments and aspirations to sustainable development. In particular, the Act does not prescribe the solutions or decisions that Welsh Ministers and others may come to – it primarily raises the bar and expectations on how decisions are made in Wales.

Duties on Welsh Ministers

4.25 The sustainable development duties on Welsh Ministers are three-fold:

1. National Framework and implementation

4.26 There are statutory duties placed on Welsh Ministers, which taken together can support an evidence-based approach to longer term thinking and provide for key parts of the Well-being of Future Generations framework in Wales. These are:

• Duty to set and establish National Well-being Indicators for Wales and publish an Annual Well-being of Wales report. There are 50 national well-being of Wales indicators designed to measure and demonstrate ‘Wales-wide’ progress towards the 7 well-being goals in the Act. They are not intended to be performance indicators for an individual organisation, but a means of galvanising the contribution of government and public bodies towards the overall outcomes.
  The national indicator pages include data for all of the national indicators, alongside links to the data sources and, where available, statistical publications where the indicators are analysed in more detail.
• The annual Well-being of Wales report is published in September each year. The report considers progress against the 50 national indicators, alongside a range of other relevant data. The report is a key accountability mechanism, to be transparent about the progress Wales is making towards its well-being goals. We are committed to producing supplementary reports alongside the main report where there is a need to do so.
• Duty to set National Milestones for Wales. The Act requires Welsh Ministers to set national milestones (targets) in relation to the national well-being indicators which Welsh Ministers consider would assist them in measuring whether progress is being made towards the achievement of the well-being goals. Seventeen national milestones were developed, agreed by Cabinet and laid before the Senedd between January 2021 and November 2022.
• Duty to prepare a Future Trends Report for Wales. This brings together evidence on the economic, social, environmental and cultural trends which are likely to shape the future of Wales. The report helps Welsh Ministers and public bodies identify and respond to future challenges in a proactive way. It must be published within 12 months of a Senedd election (First published in 2017, second report published in December 2021).

4.27 These responsibilities do not necessarily fall within one ministerial portfolio.

4.28 Welsh Ministers also have a duty to provide statutory guidance for public bodies, public services boards and town and community council. This was issued in 2016.

4.29 As the WFG Act covers 48 public bodies (8 more bodies were added in June 2024) bodies will fall under different ministerial portfolios, including the oversight of the work of Public Services Boards established by the Act.

2. Well-being duty (Cabinet)

4.30 This duty requires Welsh Ministers to carry out sustainable development, and in doing so set well-being objectives that are designed to maximise their contribution to the seven well-being goals. Welsh Ministers must also publish a well-being statement when setting their well-being objectives, and report annually on progress. Once well-being objectives are set the decisions of the government will need to demonstrate how they are helping to achieve them.

4.31 This may necessitate Cabinet-level agreement of such well-being objectives. To fulfil the intent of making sustainable development the central organising principle it is advised that they form part of the Programme for Government. In setting well-being objectives Welsh Ministers must take into account the Future Generations Commissioners’ Future Generations Report.

3. Cabinet secretaries and ministers (portfolio)

4.32 Welsh Ministers are under a duty to promote sustainable development and to act in accordance with the sustainable development principle. Each minister is responsible for ensuring that they meet these duties and apply them in making decisions in their portfolios. They must:

1. maximise their contribution to achieving the goals through achievement of the government’s well-being objective
2. act in accordance with the sustainable development principle, which means seeking to ensure that the needs of the present are met without compromising the ability of future generations to meet their needs, and
3. apply the five ways of working as part of the sustainable development principle (long term, integration, prevention, involvement and collaboration).

This will cover policy-making, financial decisions as well as influencing others through grants, procurement and the sponsorship of public bodies.

How the WFG Act can support Welsh Ministers?

Whilst Welsh Ministers have specific duties under the WFG Act, it remains a tool by which government, public bodies, businesses and the wider public can coalesce in addressing the long-term sustainability challenges Wales faces (e.g. inequality, climate change, decent work, health).

The framework provided by the Act can help Welsh Ministers deliver their stated objectives in a more integrated way and because the Act requires public bodies to take into account the well-being objectives of Welsh Ministers, it can provide a lever for influencing local action.

The Act should enable ministers to receive improved advice of the opportunities and wider impact of decisions, including the impacts on future generations. Separate advice on the policy development process has been provided. A key challenge is to ensure that the framework and implementation of the legal requirements is seen not as 'another compliance exercise' but as a way of enabling more effective and more integrated delivery.

4.33 The Social Partnership and Public Procurement (Wales) Act became law in May 2023, fulfilling a Programme for Government commitment to place social partnership on a statutory footing in Wales. Amongst its other provisions, the Act established a statutory Social Partnership Council (SPC) comprising Welsh Ministers, employer representatives (public, private and third sector as well as higher and further education), and worker representatives nominated by Wales TUC.

4.34 The Act also places new duties on Welsh Ministers. The social partnership duty on the Welsh Ministers requires the government to consult the SPC when making strategic decisions about the steps they intend to take to implement their well-being goals under the Well-being of Future Generations (Wales) Act 2015. In January 2024, Cabinet agreed the duty would be discharged by consulting the Council annually on the 3 overarching drivers of the strategic delivery of the Welsh Government’s Programme for Government: the approach to prioritisation of funding through the annual budget setting process; prioritisation of legislation as set out in the annual legislative statement; and the assessment of progress through the annual review of well-being objectives. The council endorsed this approach at their first meeting on 1 February 2024.

4.35 The Act also provides for new socially responsible procurement and contract management duties on Welsh contracting authorities requiring that they seek to improve economic, environmental, social, and cultural well-being when carrying out procurement, set objectives in relation to well-being goals, and publish a procurement strategy. Public bodies will be expected to carry out contract management duties to ensure that socially responsible outcomes are pursued through supply chains.

4.36 Public bodies and Welsh Ministers will have reporting responsibilities in relation to the social partnership and procurement duties.

4.37 The statutory SPC enshrines the position of trade unions and employer representatives in providing advice to Ministers on the social partnership and socially responsible procurement duties and the pursuit of the “A prosperous Wales” well-being goal by public bodies .

4.38 The Welsh social partnership model of engagement goes beyond the provisions in the legislation. Since devolution, Welsh Government has encouraged social partnership working as a means of finding the best solutions to the challenges facing Wales. There are thus many social partnership arrangements across ministerial portfolios with trade unions and employer representatives. To forge more mature social partnership ways of working, a more consistent approach to social partnership is being adopted for social partnership arrangements at national level. Formal social partnerships are based on a way of working designed to pursue mutual gains within the context of policy development and implementation or operational change, but not primarily used as forums for information exchange or collective bargaining.

4.39 The Welsh Government is committed to the long-term development and sustainability of the Welsh language and bilingualism in Wales. Cymraeg 2050 provides a long-term policy basis and ambition for reaching 1 million Welsh-speakers and to increase the percentage of the population that speak Welsh daily from 10% (in 2013 to 2015) to 20% by 2050 in line with the Future Generations Act. As well as this external policy, the Welsh Government is also bound by legislative duties and an ambition to act as an exemplar organisation for bilingual policy.

4.40 The second Cymraeg 2050 work programme (2021-2026) continues to focus on establishing infrastructure to achieve our long-term targets through growing Welsh-medium education, strengthening our Welsh-speaking communities, building language planning capacity and behavioural sciences expertise, on deepening our evidence base, and developing an inclusive strategy for how we ‘talk’ about the language.

4.41 The pandemic undoubtedly had an impact on the skills of children and young people, and particularly regarding their confidence in the language. It also affected the viability of Welsh-speaking communities. Our most recent Cymraeg 2050 annual action plans have included projects and plans to address these issues.

The 2021 Census results

4.42 On 6 December 2022, the first data relating to the Welsh language from the 2021 Census were published, providing us with the first objective indication of progress towards achieving the 1 million speakers target (Welsh language in Wales - Census 2021).

4.43 The 2021 Census stated that 538,300 people, or 17.8% of the population aged 3 years or older were able to speak Welsh in Wales. This was 1.2 percentage points lower, or 23,700 fewer people since the 2011 Census, which noted around 562,000 Welsh speakers (or 19.0% of the population).

4.44 Two important areas to note are the drop in 5–15-year-olds able to speak Welsh and the change in our Welsh-speaking communities. The data is a reminder that we must focus on the following areas:

1. Our approach to teaching Welsh in our English-medium schools needs to be strengthened. The Welsh Language and Education Bill which was laid before the Senedd on 15/07/24 will be key in achieving better language outcomes for learners in all schools, including those that are English-medium. The aim is for all pupils, regardless of the medium of teaching, to become confident Welsh-speakers through the statutory education system who are eager to use their language skills in the community, in workplaces and in everyday life.
2. The second notable decline was in our traditional Welsh-speaking communities. A large socio-linguistic survey is underway to better understand what lies behind the decline so that we can introduce appropriate interventions to reverse the trend.
   This work will support the remit of the Commission for Welsh-speaking Communities, established by the then Minister for Education and Welsh Language in August 2022. Creating a Commission was a recommendation within the Second Homes: Developing New Policies in Wales (2021) report, which highlighted the challenges facing Welsh-speaking communities as a consequence of socioeconomic restructuring as the result of the UK’s decision to leave the European Union and the impact of the COVID-19 pandemic.
   The commission published its final report and recommendations to Welsh Government in August 2024. The WG will respond early in 2025, and the commission will now look at the challenges facing Welsh-speaking communities in other parts of Wales and beyond – these will include areas of growth in the South-East.

4.45 Other surveys show different trends in the number of people able to speak Welsh. According to the Annual Population Survey for example, 862,700 people or 28.0% of the population aged 3 years or older, were able to speak Welsh in the year ending 31 March 2024. In April 2023, we published a joint work plan with the Office for National Statistics detailing further work we will undertake together to improve our understanding of these differences in order to continue to generate valuable and useful statistics about the Welsh language.

4.46 We must remember that these surveys do not measure language use. The numbers using our language is as important to the vision of Cymraeg 2050 as is the number of speakers and we must not lose sight of that.

4.47 The development of Welsh language policy requires action and attention across most areas of government policy, from housing to the economy, from agriculture to health and from culture to planning. The Welsh Government’s vision for the Welsh language is inclusive, that Welsh is a national asset, a language for all and a way of uniting people equally from different backgrounds. This message is part of our internal and external narrative as well as our sense of who we are within Wales.

4.48 Progress towards the ambitions set out in Cymraeg 2050 will require:

• specific language planning and behavioural change interventions led by the Welsh language ministerial portfolio
• actions across all policy areas to create favourable socio-economic conditions to facilitate the strategy’s aims.

Introduction to the Welsh Government's strategy on the internal use of Welsh: ‘Cymraeg. It belongs to us all'

4.49 The Welsh Government's vision is to become a fully bilingual organisation by 2050, with Welsh and English used naturally and interchangeably as the Government’s working languages. To achieve this, we aim that all Welsh Government staff will be able to understand the Welsh language by 2050. The use of Welsh in the workplace gives more purpose and relevance to the language, particularly for those learning Welsh. A copy of the strategy can be found here: Cymraeg. It belongs to us all.

4.50 This strategy was launched in April 2020. During the first 5 years we have shared the aims of the strategy widely in order to show leadership and inspire other organisations to consider their long-term objectives in promoting the language to their workforce and playing their part in achieving the government’s aim of 1 million speakers by 2050.

Implementation of the strategy and initial objective 2020-2025

4.51 Becoming a bilingual organisation means gradual change, and the following principles have underpinned our activities in implementing the strategy during the first 5 years:

• Making a long-term commitment and leading the way: incremental change over time, leading by example in the workplace.
• Investing in staff and providing opportunities to learn Welsh and develop language skills: it is crucial that effective and convenient training is provided, with people given both time and motivation to improve continuously.
• Remaining an open, inclusive and diverse organisation: everyone has the potential to be a Welsh speaker – although Welsh language skills will progressively be needed for more posts, developing a bilingual workforce does not imply those skills being a universal pre-requisite for joining the Welsh Government.
• Continuously reviewing our ways of working to facilitate the increased use of Welsh: when we introduce new internal policies and initiatives, we will review the extent to which they provide further opportunities for staff to use Welsh in their day-to-day work.

4.52 Ten actions have been set out in the strategy, which have helped us meet the objective of becoming an exemplar organisation over the first 5 years. These actions are based on the following themes: leadership, learning, recruitment and technology.

4.53 Our language learning offer to staff is a varied and flexible offer that provides options for learning to suit a wide range of learning styles. Its flexibility provides opportunities for intensive learning, residential courses, self-directed online learning as well as traditional weekly class-based learning. It has caught the imagination of Welsh Government staff with an increase of over 740% in learners now following a formal learning programme since 2020. In our recruitment literature we emphasise that the Welsh language is seen as an asset in the organisation no matter what the role and we have concentrated on sharing messages with our senior leaders on modelling exemplar behaviour in their leadership on the Welsh language. We continue to promote the digital tools available to assist our staff to work bilingually. We are also participating in a 2-year project led by the Welsh Language Commissioner on developing bilingual workplaces. The aim of the project is to provide information and good practice to workplaces across Wales in working towards the Welsh Government’s vision of one million Welsh speakers by 2050.

4.54 We are now working on developing objectives for the next iteration of the strategy and working with colleagues in Knowledge and Analytical Services to track the workforce trajectory in terms of Welsh language skills to 2050.

The Welsh Government's compliance with the Welsh Language Standards

4.55 It is 8 years since the Welsh Language Standards came into force, under the requirements of the Welsh Language (Wales) Measure 2011, and during this period we have seen the requirements of the duties embed within the organisation. Welsh Government staff have responded positively to the changes and awareness of the requirements of the Standards is generally high. The standards have had a positive influence on the use of Welsh in government, particularly on the services that the public, our stakeholders and staff can expect through the medium of Welsh. There is a general understanding among staff that compliance with the standards means proactively offering Welsh language services and that this ensures a high-quality bilingual customer service.

4.56 Over the next period, we will be focussing in particular on the policy making standards of the Welsh Language Standards and ensuring that linguistic considerations are mainstreamed throughout our policy and legislative processes.

5.1 The Senedd has 4 key roles: it represents Wales and its people; it is the legislature, making laws for Wales; it agrees Welsh taxes; and it holds the Welsh Government to account.

5.2 The corporate body for the Welsh Parliament (Senedd) is known as the Senedd Commission. The Senedd Commission has responsibility for the provision of property, staff and services required to enable the Senedd to function. The commission consists of the Llywydd (Presiding Officer) and 4 other Members, each nominated by the 4 largest political groups (or voted for by Senedd Members if there are not four groups). The staff of the commission are employees of the commission and are headed by the Chief Executive and Clerk of the Senedd.

5.3 The standing orders set out the procedures by which the Senedd operates. Any changes must be agreed by a vote in Plenary on a two-thirds majority. The current standing orders and supporting guidance can be found here.

5.4 Effective scrutiny of a government’s work is at the heart of any democratic process, and this work is undertaken by the Senedd through a number of mechanisms, primarily:

• In Plenary meetings, where members can question ministers in person, respond to ministerial oral statements and participate in debates.
• In committees, where members can take evidence from ministers and other witnesses as part of inquiries, reach conclusions and make recommendations.
• Through a system of written questions.

5.5 Plenary is the meeting of the whole Senedd which takes place in the Siambr, the Senedd’s debating chamber. Plenary usually takes place twice a week, when the Senedd is sitting, on Tuesdays and Wednesdays and usually starts at 1.30pm. Members can participate in person in the Siambr or remotely via zoom.

5.6 Members of the public can watch proceedings in the gallery by booking seats or online at senedd.tv. The Record of Proceedings, a transcript of all Plenary meetings, is available very quickly after each Plenary meeting and is fully searchable. Plenary agendas can be found here, and a link to the Record of Proceedings can be found here.

5.7 Approximately, two-thirds of Plenary time is allocated to the government and the programme of business is determined by the government alone. In practice, this is all of Plenary on a Tuesday and from 1.30pm to 3.00pm on a Wednesday.

5.8 Government business consists of:

• First Minister and Oral Questions to the Welsh Ministers and Counsel General
• The Business Statement and Announcement
• Oral statements
• Government-led debates
• Government-sponsored legislation and subordinate legislation, and
• Legislative consent for UK legislation or subordinate legislation.

5.9 The remaining one-third of Plenary time is non-government time, and the programme of business is determined by the Business Committee, which consists of members representing each of the main political groups and any other qualifying members.

5.10 Non-government business consists of:

•    Topical and emergency questions
•    Oral questions to the Senedd Commission
•    Statements by members
•    Debates led by political groups, individual members or groups of members, or committees
•    Non-government legislation, and
•    Short debates

5.11 In each sitting week, the First Minister must answer Oral Questions (FMQs) and each Welsh Minister, the Counsel General and the Senedd Commission must answer Oral Questions (OQs) every 4 sitting weeks on regular rotation. The schedule for ministerial questions is proposed by the government and noted by Business Committee as soon as possible after any change in ministers.

5.12 Up to 12 tabled questions are asked in 45 minutes. Questions are published 5 working days in advance of each meeting (for ministers and the Counsel General) and 3 working days for the First Minister. Ministers can ask deputy ministers to answer questions on areas for which they have responsibility.

5.13 In practice, the Llywydd usually allows the question session to run beyond 45 minutes until at least eight questions have been answered.

5.14 In Plenary, each tabled question receives a short, prepared answer after which unseen related questions are asked at the Llywydd’s discretion (supplementary questions). Any tabled question not reached within the 45 minutes receives a written answer, which is also published on the Record of Proceedings. Questions and answers are expected to be concise.

5.15 After question 2 in each session, the Group Leaders (for the First Minister) and relevant group Spokespeople (for ministers) can each ask a set number of unseen questions.

5.16 Members can also table Written Questions (WQs) in unlimited number. There are limits on the number of questions each Member can table during the Christmas, Easter and Summer recesses.

5.17 Each member can also make an application to ask one topical question (TQ) each week. From amongst these, the Llywydd may select some for answer, provided they are related to a matter of national, regional or local significance where an expedited ministerial response is desirable. The Welsh Government is notified when questions are submitted and when the final questions are selected (Wednesday lunchtime). TQs are asked after OQs each Wednesday and mirror them in structure. The questions and answers are, therefore, published on the Record of Proceedings.

5.18 In exceptional circumstances, members are also able to make emergency question (EQs) requests. The Llywydd will decide whether the question is of urgent national significance where an immediate ministerial response is needed. The Welsh Government is notified of any application and is able to provide the Llywydd with advice to aid their determination. Accepted questions are asked as soon as possible after acceptance and mirror OQs in structure. The questions and answers are, therefore, also published on the Record of Proceedings.

5.19 Important, high profile, controversial or topical announcements and updates are usually delivered in Plenary by way of an oral statement. Oral statements delivered by ministers, deputy ministers or the Counsel General are an item of government business. Committee Chairs can also make oral statements during non-government time.

5.20 Normally allocated 30 or 45 minutes, the lead minister has 10 minutes to deliver a pre-prepared statement after which members (starting with spokespeople and relevant committee chairs) can ask unseen questions which the minister answers in turn. Wherever possible, the text of the oral statement is provided in advance to group spokespeople at least an hour before an oral statement is delivered as a courtesy to enable Spokespeople to prepare questions (as set out in the Ministerial Code). In practice, the government aims to do this by 1pm on the day of delivery. However, this is not always possible. Similarly, the government aims to provide any related documentation to all Members a few hours in advance.

5.21 An oral statement is always made when a Bill is introduced formally into the Senedd. This is known as a Legislative Statement and is usually scheduled for 60 minutes.

5.22 Oral statements and the subsequent question and answers are published on the Record of Proceedings.

5.23 Members can be informed collectively about more routine matters by way of written statements which are emailed to them bilingually and subsequently published on the Welsh Government website, and on the Record of Proceedings (link above).

5.24    Debates provide the opportunity for exploring issues in greater depth and to hold votes on matters to pass (or not) Senedd resolutions. There are many types of debate, for example:

• Debates led by the government
• Debates led by a Senedd committee
• Debates led by an opposition group
• Debates led by an individual member (or groups of them)
• Short debates, and
• Debates on legislation (discussed separately below)

5.25 A debate must be included on the Business Statement and the motion tabled at least 5 working days before it is held. For government debates, the motion is tabled in the name of the minister with responsibility for Plenary business (Trefnydd) but is agreed by the lead minister. For most debates, there are then two working days for the Government or opposition groups to table amendments. Some debates, such as the debate on the Final Budget are non-amendable. By convention, the Llywydd will not select amendments to debates on Senedd Committee reports.

5.26 Most debates follow the same structure. The lead member (the lead minister for a government debate) opens with an introductory speech to move the motion formally. Members moving amendments, the group spokespeople and other members with a particular interest (for example, the chair of a relevant committee) are then called to speak. If there is time, the Llywydd will call other members. Finally, the lead member is re-called to respond to the comments made during the debate and to close it.

5.27 Where a motion has unanimous support, it can be agreed “on the nod” without a vote, unless the standing orders of the Senedd require a recorded vote to be taken. However, where there is any division in opinion, a vote is usually deferred until voting time at the end of each Plenary meeting when votes on all the debates held that day have taken place. Voting advice is prepared for each debate by lead policy officials in collaboration with Special Advisers and agreed by lead ministers. Votes require a simple majority to be agreed unless the Standing Orders specify otherwise. In the event of a tied vote, the Llywydd has a casting vote and unless there is a further opportunity for a matter to be discussed, will cast against a motion or amendment. The outcome of all votes is published on the Record of Proceedings.

5.28 The short debate is also treated differently. One short debate is usually held per week and is topic (rather than motion) driven so there is no vote. Topics are tabled by individual members who are selected by ballot. The member has up to fifteen minutes to speak on their issue and the lead minister has up to fifteen minutes to reply. There is no vote, and other members can only contribute with the agreement of the lead member.

Committees on senedd.wales

5.29 The titles, remits and the allocation of chairs and membership to political groups are agreed by a vote in the Senedd following a recommendation from the Business Committee. Committee chairs are elected by the Senedd as a whole, as of 2016, which is intended to enhance their independence.

5.30 The 2 exceptions are the Committee for the Scrutiny of the First Minister, which is chaired by the Deputy Presiding Officer and is made up of other committee chairs, and the Business Committee.

5.31 Agendas, papers, minutes and transcripts of Senedd Committee meetings are published on the Senedd website. Members of the public can watch a Committee meeting live from the viewing gallery, should they have an interest in the topic matter, tickets can be booked via the Senedd Commission.

5.32 Cabinet Secretariat are responsible for facilitating ministerial attendance for policy scrutiny sessions, whereas the Legislative Programme and Governance Unit arrange ministerial attendance for any domestic legislation.

5.33 The Business Committee usually meets weekly when the Senedd is sitting. It is chaired by the Llywydd and consists of the Trefnydd and a Business Manager from each of the main political groups. The Deputy Presiding Officer also attends. Members not affiliated to any Senedd groups may form a grouping for that purpose only, which could then be represented at Business Committee. They may attend and vote individually only if there are insufficient numbers of them to form such a grouping (i.e. fewer than 3). Proceedings are usually conducted in private and are therefore closed to the public. However, the Committee may choose to meet in public when discussing Senedd procedure and practice.

5.34 At each meeting, the Business Committee determines the organisation of Senedd business and may comment on the organisation of government business. These combine to form the basis of the Business Statement and Announcement which is then published and announced in Plenary by the Trefnydd setting out business for that and the following 3 weeks.

5.35 The Business Committee is also responsible for: establishing the Senedd timetable; determining the number, name, membership and remit of Committees; establishing the timetable for scrutiny of the Budget and Welsh legislation; and proposing changes to Senedd procedure, practice and standing orders.

Summary

6.1 Legislation governs when and how the Welsh Ministers can exercise functions, and on what matters the Senedd and the Welsh Government are able to make law. The system of law making has changed frequently over time, but the current settlement is set out primarily in the Government of Wales Act 2006, as amended by the Wales Act 2017.

6.2 The settlement allows the Senedd to make laws on any matters that are not specifically reserved to the UK Parliament. In other words, policy responsibility is devolved by default, unless otherwise stated. However, despite the mechanism for determining what is devolved and what is not now being similar to that applicable in Scotland and Northern Ireland, the breadth of the topics devolved is still significantly narrower.

6.3 Both primary and secondary legislation can be made in Wales. Primary legislation is usually used to make significant policy changes, either by amending existing law or creating wholly new law. Bills go through a detailed scrutiny process in the Senedd including the opportunity to amend the provisions of the legislation.

6.4 The Welsh Ministers also have specific powers conferred upon them to make secondary legislation. Those powers can be delegated by the Senedd or by the UK Parliament. Secondary legislation has different scrutiny mechanisms in the Senedd and is usually used to set out the more detailed, technical or procedural elements of policy in order for it to be fully implemented, or in emergencies when swift action is required, as with some of the regulations made in response to the coronavirus since Spring 2020.

6.5 The question of whether or not the Senedd or the Welsh Ministers have the power to make legislation in specific circumstances is referred to as a question of competence – i.e. whether it is within the devolved competence of the Senedd or the Welsh Ministers. Partly because the Senedd’s legislative competence is relatively narrow, ministers’ executive competence does not always correspond to it and can be wider in scope. So, some of the executive powers have always been wider in scope and in certain circumstances the Westminster Parliament has continued to devolve secondary legislative powers to the Welsh Ministers in areas where the Senedd would not be entitled to pass a Bill (such as in civil contingencies).

What is reserved and what is devolved

6.6 There is no complete list of what subjects are devolved, as the settlement now operates on the basis that everything is devolved unless stated otherwise. However, core devolved policy areas include:

• education
• health
• local government
• housing
• transport
• planning
• economic development
• certain taxes, such as Land Transaction Tax
• social services
• culture
• Senedd and local elections
• Welsh language
• environment
• agriculture and rural affairs

6.7 Reserved matters that the Senedd cannot legislate directly upon, include the constitution, defence, national security, immigration, justice and policing. The Senedd cannot legislate directly on these issues; however, that does not mean the Welsh Government cannot have a policy on them, and the full list of reserved matters can be found in Schedule 7A to the Government of Wales Act 2006, and is also available here.

6.8 There are other significant restrictions on the Senedd’s competence in Schedule 7B – for example Acts of the Senedd may not amend certain “protected enactments” such as the Human Rights Act, and they may not impose functions on reserved authorities (such as UK government departments, the Crown Prosecution Service or the Health and Safety Executive) without UK ministers’ consent.

How does it work in practice?

6.9 The Senedd may not make legislation that is outside its competence. Whether provisions are within competence depends on the purpose and effect of the proposed legislation.

6.10 If a Bill is passed and there is concern as to whether it is within competence, there is a 4-week period beginning with the passing of the Bill during which the Counsel General or the UK government’s Attorney General may refer the Bill to the Supreme Court for a ruling on whether the Bill or any of its provisions are within the legislative competence of the Senedd. In those circumstances the Bill cannot be submitted for Royal Assent until the Supreme Court has ruled.

6.11 No similar legally enforceable restriction applies to the UK Parliament to prevent it from legislating in areas within the Senedd’s devolved competence. However, the Government of Wales Act 2006 incorporates the Sewel Convention – expressed as “It is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Senedd.”

6.12 Ministers facilitate the process of establishing whether the Senedd will consent to UK Bills which engage the Sewel Convention. They do so by laying Legislative Consent Memorandums (LCMs) and tabling motions for the Senedd to debate. The UK Legislation Team in the Constitution and Welsh Tribunals Division support policy officials across Welsh Government on LCMs and seek to ensure that cross-cutting constitutional issues are fed into related advice to ministers.

6.13 In so far as ministerial functions are concerned, including making subordinate legislation, ministers must act within the confines of the specific power conferred upon them.

6.14 The Counsel General is the final and authoritative legal adviser to the Welsh Government and oversees its representation in the courts. The Counsel General is not a Welsh Minister but is a member of the Welsh Government and may attend and participate in Cabinet meetings by invitation of the First Minister.

6.15 The Counsel General is the Welsh Government’s Law Officer and is subject to and must act in accordance with the Welsh Government’s Ministerial Code which amongst other matters sets out the Counsel General’s relationship with Cabinet colleagues.

6.16 The Counsel General is accountable to the Senedd for the exercise of functions conferred directly on the Counsel General (including the power to undertake legal proceedings for the promotion or protection of the public interest, to refer to the Court questions concerning the legislative competence of the Senedd or to participate in proceedings for the determination of devolution issues).

6.17 The Counsel General has a range of statutory functions deriving from both the Government of Wales Act 2006 (as amended) and subject-specific legislation (for example social care), including the following:

• Referring Senedd Bills to the Supreme Court where there are competence questions
• A duty to make Welsh law accessible and to keep it under review
• Instituting or defending litigation involving the Welsh Ministers
• Bringing certain prosecutions
• Undertaking the role of “qualified person” for the purposes of the Freedom of Information Act

6.18 The Counsel General is also responsible for:

• Ensuring that the government complies with the rule of law when exercising functions
• Advising the First Minister, Welsh Ministers and Deputy Welsh Ministers on a broad range of legal issues and providing legal opinions where appropriate
• Advising on legislative competence (including Convention rights) in relation to proposed Senedd Bills and amendments during the progress of Bills
• Advising on Bills that are to be commenced early or make retrospective provision.

Primary and subordinate legislation

6.19 Bills go through a detailed scrutiny process in the Senedd including the opportunity to amend the provisions of the legislation.

6.20 Primary legislation may give powers to the Welsh Ministers (and on occasion other bodies) to make subordinate legislation, to set out the technical and procedural elements of the policy in order for it to be fully implemented.

6.21 Subordinate legislation is also used in emergencies when very swift action is required, as a statutory instrument made under emergency powers can be drafted, enacted and brought into force in a matter of hours (for example regulations made in response to the coronavirus pandemic).

Agreeing and monitoring the legislative programme

6.22 The legislative programme is the collection of government-proposed legislation to be introduced into the Senedd. Cabinet ultimately agrees the legislative programme.

6.23 The First Minister will deliver an annual legislative programme and legislative statement, announcing those Bills that would be introduced by the government in the subsequent 12 months.

Lead ministers for Bills

6.24 Should ministers wish to pursue the development of legislation to address a particular policy proposal, officials within their department will need to submit a legislative proposal to begin the process for inclusion within the formal Legislative Programme. Ministers should prioritise their Bill proposals if seeking multiple slots in the legislative programme.

6.25 Once Cabinet has agreed the inclusion of a Bill in the legislative programme, the First Minister will write to the lead minister setting out a ‘Legislation Plan’ that outlines:

1. the policy and scope of the Bill, including any changes to it.
2. the timetable of the Bill, including any changes to it.
3. the date of introduction of the Bill into the Senedd, and
4. proposed government amendments to the Bill once it has been introduced.

6.26 Arrangements should be put in place for ministers to monitor the progress of legislation within their portfolios on a frequent basis.

Role of the Legislation Division

6.27 Responsibility for preparing and managing the legislative programme on behalf of the First Minister sits with the Legislation Division. The role of the Legislation Division is to:

• Plan and manage the Legislative Programme in line with government priorities.
• Determine and set the timetable for each Bill and for the whole legislative programme, for agreement by ministers.
• Support the organisation’s overarching governance arrangements for legislation.
• Manage and deploy the central pool of Bill Managers.
• Develop the organisation’s capabilities and capacity to deliver primary and secondary legislation, through training, events, guidance and resources.
• Provide advice and support on legislation to officials, lead ministers and special advisers as required.
• iaise with the Senedd Commission on Welsh legislation.

6.28 The Legislation Division can provide written briefing or briefing sessions on any aspects of legislative processes and procedures for individual ministers.

Bill preparation

6.29 Each Bill is delivered by a Bill team, which is generally made up of:

• Senior Responsible Officer/ Bill Facilitator, a Bill Manager and policy lead(s) and officials – responsible for developing the policy proposals for the Bill and engaging with the Minister and Special Adviser on shaping and agreeing to policy proposals, political handling, managing the scrutiny process and dealing with internal and external engagement.
• Legal Services (LS) - subject lawyers responsible for advising on the legal matters and legislative competence, to inform the development of the policy to be given effect in the Bill and instructing the drafters of the Bill.
• Office of the Legislative Counsel (OLC) - responsible for drafting the Bill, a process which involves testing the coherence of the instructions to help refine the policy, and advising on matters of legislative process, law and policy which arise.
• Translators – responsible for translating the Bill and supporting documentation, and alongside OLC ensure equivalence of the Bill’s provisions in both languages.

6.30 The process of preparing a Bill can be iterative, particularly early on. For certain Bills a couple of years may be required, while for others 8 to 12 months may be more appropriate. The key phases of work will involve:

• Developing the policy, including consultation with stakeholders.
• Instructing the legislative counsel.
• Drafting the Bill and the Explanatory Memorandum in Welsh and English.
• Clearances prior to introduction - the lead minister, Counsel General and the First Minister clear Senedd Bills for introduction, and the First Minister also clears the accompanying Explanatory Memorandum. Pre-introduction assessment meetings are usually held to enable ministers to discuss a Bill and its supporting documentation ahead of formal agreement to introduce.
• Determination - The Bill and most supporting documents are sent to the Presiding Officer of the Senedd for their determination on legislative competence before the Bill is introduced.

6.31 The following table outlines the key phases of Bill scrutiny once a Bill is introduced to the Senedd (more detail on the Senedd Bill process can be found in a guide on the Senedd’s website). A Bill can take between 6 to 12 months to complete its passage, depending on its size and complexity. If required standing orders provide options to expedite scrutiny:

Stage and activity:

• Introduction - Bill introduced and announced in Welsh and English (Written and Oral Statements made by the Lead Minister in Plenary).
• Stage 1 - Consideration of the Bill by a subject Committee of the Senedd, as well as by the committees with responsibility for constitutional and legislative affairs, and finance.
• General principles at end of Stage 1 - The Senedd is asked to agree the general principles of the Bill, in a Plenary debate and vote (if agreed the Bill proceeds to Stage 2, if not agreed the Bill falls).
• Financial Resolution Motion - The Senedd is asked to agree that any costs of the Bill in its current form, or as amended later, can be met from the Welsh Consolidated Fund, in a Plenary debate and vote.
• Stage 2 - Detailed consideration by a Committee of the Senedd (the Bill can be amended during this stage).
• Stage 3 - Detailed consideration by Plenary (the Bill can be amended during this stage).
• Stage 4 - Senedd is asked to pass the Bill as amended (if agreed the Bill proceeds towards Royal Assent, if not agreed the Bill is rejected)
• ‘Period of intimation’ - This is a 4-week period beginning with the passing of the Bill. During this time the Counsel General or the Attorney General to the UK government may refer the Bill to the Supreme Court for a ruling on whether the Bill or any of its provisions are within the legislative competence of the Senedd. During the same period the Secretary of State (for Wales) may also make an order under certain grounds to prevent the Bill from being submitted to His Majesty for Royal Assent.
• Royal Assent - When the Senedd has agreed the final text of the Bill and the period of intimation has ended, the Bill is submitted for Royal Assent (whereupon the Bill will become an Act).

6.32 A minister will be asked to make (‘sign’) an item of subordinate legislation. Signing is now usually an electronic process. The legislation becomes law at the point that it is signed by the minister, even though most legislation will come into force at a later date.

6.33 The Senedd scrutiny procedure (if any) that applies to subordinate legislation is usually set out in the parent Act (the primary legislation containing the powers that allow the Welsh Ministers to make the subordinate legislation). Legal Services will advise of what procedure, if any, the subordinate legislation must follow.

6.34 The 2 most commonly used procedures are:

• Negative Procedure – for subordinate legislation that may be made and come into effect unless objected to by the Senedd. The legislation is laid, and members have a set period in which to table, debate and vote on a motion to annul the item;
• Affirmative Procedure – where the Senedd must approve the proposed subordinate legislation. This can be as:
  • Draft affirmative: Senedd approval must be gained before the legislation can be made and come into effect
  • Made affirmative: the legislation can be made, and possibly come into force, before the Senedd is asked to approve it. If it is not approved within a set period, it falls.

6.35 A Senedd committee will be designated to scrutinise and report on all subordinate legislation laid before the Senedd, to assist members in their decision making.

UK Bills

6.36 Where a UK Bill includes provisions which apply to Wales in a devolved area, there is a need to seek the Senedd’s consent for the UK Parliament to legislate on the devolved matter. The Senedd’s consent is provided by means of a legislative consent motion (LCM) which is debated in Plenary.

UK statutory instruments (SIs)

6.37 In the same way that LCMs may be needed for UK Bills, the Senedd’s standing orders set out certain formal consent processes for UK-made secondary legislation where it amends primary legislation within competence. Such consent is granted via a statutory instrument consent motion (SICM). Further, some powers granted to UK government ministers are only exercisable with the consent of the Welsh Ministers, and Welsh Government routinely update the Senedd where this is the case. The UK Legislation Team in the Constitution and Welsh Tribunals Division can provide support and advice wherever UK ministers propose to exercise secondary legislative powers in relation to devolved issues.

Complexity

6.38 Developing legislation is complex and time-consuming. Developing policy for a change in the law requires a detailed technical and practical understanding of the existing position, an appreciation of the impact of the likely proposed change, and expertise to implement the reform both legally and administratively. This requires extensive consultation, comparative evaluation and a comprehensive understanding of the current law. Detailed analysis is needed to turn ideas into law, and this is often difficult because of the complexity of the legislative landscape.

6.39 Considerable work also can be required to develop subordinate legislation, and the supporting documentation like the Explanatory Memorandum. In some cases, this can be equivalent to the preparation of a Bill.

Welsh law

6.40 The UK statute book is vast, made up of around 5,000 Acts (mainly of the UK Parliament but also, increasingly, of the devolved legislatures) and more than 100,000 Statutory Instruments (subordinate legislation). Amongst these, there is different law for Wales, England, Scotland and Northern Ireland, often in the same provisions. Identifying the law is often difficult. The context for making Welsh legislation is made more complex because there is no separate legal jurisdiction for Wales. This constitutional anomaly means the law in Wales can be particularly inaccessible.

6.41 In making legislation there is a need to be conscious of the long-term goal of producing ‘stand-alone’ and separate law for Wales wherever possible, rather than amending existing legislation which generally applies also to England. The Legislation (Wales) Act 2019 requires the Welsh Government to implement a programme of work to make Welsh law more accessible and the goal is to produce Codes of Welsh Law for Wales in devolved areas. Doing this will involve developing consolidation Bills as well as taking decisions when promoting reform Bills to draft the Bill in such a way as to contribute to the process of codifying the law.

Rule of law

6.42 The nature of the Welsh devolution settlement often raises difficulties in establishing whether all of the provisions proposed fall within the legislative competence of the Senedd. As well as establishing devolved competence there is also a need to consider whether the prior consent of the UK government may be required before a Bill can proceed. Similarly in making subordinate legislation ministers must also ensure that what is done falls within the power conferred by the legislature.

6.43 It is important that the Welsh Government acts lawfully at all times. Wherever there is any doubt as to whether legislation is within the competence of the Senedd, or within the powers conferred upon ministers, there must be a credible argument that it does so. This is the minimum required before other matters, such as the likelihood of challenge, can be taken into account. This is a matter upon which the Counsel General provides advice, working in conjunction with the Legal Services Department and the Office of the Legislative Counsel.

Lessons learnt

6.44 Experience and lessons learnt since 2011 suggest that Bill projects can suffer from a number of recurring issues that should be avoided if practicable.

6.45 Early in the Bill development process it is easy to underestimate how difficult it is to develop new legislation and how long it takes. This generally manifests itself in three critical (and related) ways: (1) insufficient resource being allocated to the project, (2) a lack of appreciation of the level of detailed analysis required to turn what are often high-level ideas into workable and comprehensive legislative propositions, and (3) insufficient time being allowed between the start of the process and the indicative date for Senedd introduction.

6.46 These issues can be compounded by those developing Bills often seeking to address as many problems as they can in one go, leading to large multi-topic Bills being proposed. As well as making the Bills less easy to manage and complete, this also makes Bills less easy to navigate in the Senedd (as they can overwhelm both Ministers and Committees) and makes them more vulnerable to amendment (as procedural rules on scope can’t be effectively applied due to the breadth of the subject matter).

6.47 Finally, experience shows that problems can arise in implementing legislation after it has been passed. There can be a tendency to concentrate on the Bill development process while neglecting to plan and resource the subsequent tasks needed to make the new law operational. This can result in reform not being in place, or not being complete, for some time after a Bill is passed. Wherever possible reform through legislation should be looked at as a whole, from start to finish – initial consultation and policy thinking through to practical implementation on the ground – rather than as a “Bill process” in isolation from its intended impact.

7.1 Inter-governmental relations are conducted through a variety of structures and processes: formal mechanisms; bilateral relationships; structures for co-operation in subject areas; Common Frameworks; and ad hoc meetings. These structures and processes involve both official and Ministerial engagement but are generally not reflected in law.

7.2 The IGR Team in the Constitution and Welsh Tribunals Division is responsible for helping to ensure that the Welsh Government’s voice is heard across the UK, and that Welsh Government builds and maintains effective intergovernmental relationships.

7.3 In 2018, the Joint Ministerial Committee commissioned a joint intergovernmental relations review. The final outcome of that Review was agreed by all 4 governments in January 2022 and established the main formalised intergovernmental structures for the UK. The Review document is available here.

7.4 The review set out agreed principles, which apply to all intergovernmental working:

1. Maintaining positive and constructive relations, based on mutual respect for the responsibilities of the governments and their shared role in the governance of the UK
2. Building and maintaining trust, based on effective communication
3. Sharing information and respecting confidentiality
4. Promoting understanding of, and accountability for, their intergovernmental activity
5. Resolving disputes according to a clear and agreed process.

7.5 The review also established significant IGR machinery, which comprises of 3 ‘tiers’:

• The Prime Minister and Heads of Governments Council (‘the Council’)
• The Interministerial Standing Committee (‘the IMSC’) and the Finance Interministerial Standing Committee ('the FISC’)
• The Interministerial Groups (‘the IMGs’), which operate on a portfolio basis.

7.6 An independent IGR Secretariat has been established to support work under the IGR Review – though it is the governments, and not the secretariat, who are answerable for intergovernmental relations to legislatures and more widely.

7.7 The IGR Review also included new mechanisms to allow governments to bring formal ‘disputes’, the resolution of which might include third party advice or mediation (see, in particular, Annex D to the Review). No dispute has gone through the entire process to date.

7.8 The Welsh Government regularly updates the Senedd on IGR issues in Plenary, in committee, and via statements and correspondence. Our correspondence is published on the Senedd website.

7.9 Under the Terms of the Inter-Institutional Relationship Agreement of November 2021 between the Welsh Government and the Senedd, the Welsh Government is committed to keeping Senedd Committees updated on IGR issues, including notifying them in advance of formalised meetings under the IGR Review and laying an annual IGR Report.

7.10 The BIC is one of the institutions created as part of the Good Friday (or Belfast) Agreement. Its members are the Republic of Ireland, the UK government, the devolved governments of Northern Ireland, Scotland and Wales, and the governments of the Crown Dependencies of the UK: Jersey, Guernsey and the Isle of Man. Its formal purpose is:

“…to promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands... the BIC will exchange information, discuss, consult and use best endeavours to reach agreement on co-operation on matters of mutual interest within the competence of the relevant administrations.

7.11 The member administrations work together on a number of work sectors, including Indigenous, Minority and Lesser Used Languages and Early Years Policy (which Wales leads), Social Inclusion (which Wales leads jointly with Scotland), and Energy among others.

7.12 BIC summits are generally held twice per year, with each administration taking its turn to host based on an agreed rota. Traditionally each summit considers a particular work sector along with wider issues affecting the administrations. Summits are generally attended by the First Minister, and sometimes by the relevant Minister for the work sector or topic being discussed. The BIC may also hold extraordinary summits when an urgent topical matter needs to be discussed. More information on the background and role of the BIC.

7.13 The Welsh Ministers (and ministers from the other devolved governments) may be invited by the Prime Minister, or other UK government minister as appropriate, to attend UK Civil Contingencies Committee meetings (generally referred to as ‘COBR’ - Cabinet Office Briefing Room) established, sometimes at very short notice, in response to major incidents / emergencies. Please see Section 2 above, ‘Resilience and Emergencies’ (paragraphs 2.64-2.78). Most recently, COBR has met to discuss matters linked to the Coronavirus pandemic. COBR acts as the senior ministerial decision-making body which oversees the UK response to an emergency.

7.14 The UK government has also established a new Council of Nations and Regions, which met for the first time in October 2024.

7.15 Common Frameworks are intergovernmental agreements which set out how the governments of the UK will work together to manage areas of policy which were previously governed by the EU, but which now sit within devolved spaces. The Common Frameworks Programme was established by JMC(EN) Ministers in October 2017 (and subsequently endorsed by the NI Executive in June 2020). The related Communique remains the core underpinning document. The existence of the programme facilitated the Intergovernmental Agreement on the EU Withdrawal Bill, ultimately supporting the Welsh Government to recommend consent to it and providing important context for the Senedd’s agreement.

7.16 The programme and frameworks documentation is owned by the 4 nations. Within Welsh Government, individual frameworks are managed within portfolio areas, and the Common Frameworks Team in the Constitution and Welsh Tribunals Division coordinates the Welsh Government’s work on the programme, supports policy teams and seeks to ensure coherent approaches to the cross-cutting issues raised (such as interaction with international issues).

Mobile devices, e.g. phones and laptops are owned by the Welsh Government and provided for business use. They are not a substitute for a personal device.

• Use – mobile devices and laptops are for your exclusive use. You may not loan or transfer them to anyone else, e.g. a work colleague, contractor, friend or family member. You are responsible for all activity that takes place on the device and must not share your password or PIN with anyone else.
• Lost / stolen – if the device is lost or stolen you must immediately report it to your private office who will inform IT Services. IT Services may remotely wipe all information on the device if it is not in a safe location.

Monitoring

Location services are switched on to enable Welsh Government to track the device if it is lost or stolen. Location data is not routinely reviewed and there are protocols in place should it be necessary to access that information.

Overseas

If you are travelling overseas, seek advice from the Departmental Security Unit before you travel with your device. Other countries do not have the same legal frameworks as in the UK and when overseas, your device will be subject to different cyber threats. These vary significantly depending on the country being visited.

Chief Security Officer

Standards and guidance for the management and publication of Official Statistics and Social Research

• All official statistics produced by, or on behalf of, the Welsh Government are covered by the Statistics and Registration Service Act 2007, supported by a statutory Code of Practice for Statistics, overseen by an independent regulator, and managed by the Chief Statistician who has decision-making responsibility for the content, methods and timing of statistical releases.
• The Code of Practice does not only relate to the regular statistical products produced by the Government, but also the way we use statistics elsewhere such as in speeches, strategies, Senedd questions.
• Government social and economic research is covered by the Government Social Research Code which includes a Publication Protocol for research. This is not statutory but has previously been adopted within the Welsh Government as part of five high level Principles for Research and Evaluation agreed with Ministers and published on the Welsh Government website.
• Access to statistics and research before they are published is strictly limited to a small number of officials and relevant Ministers and they cannot be quoted before publication. There is an expectation that any statistics quoted by Ministers are published transparently and equally available to all.
• Statistics and research standards in place are consistent with the Civil Service core values of integrity, honesty, objectivity and impartiality.
• The Chief Statistician, Stephanie Howarth, and Chief Social Research Officer, Steven Marshall, are available to provide advice to any Minister on statistics or research matters.

• Consistent adherence to professional standards and procedures is fundamental to building and sustaining trust in government. Rules on the handling of evidence and analysis apply to all civil servants not just members of the analytical professions.
• Adherence to these standards minimises both the actual misuse of statistics and research as well as the perception of misuse. This protects ministers from being exposed if data are inaccurate or used incorrectly and protects ministers from being accused of misusing or interfering in the production of statistics and research.
• Welsh Government analysts have 2 key roles:
  1. Providing support to ministers and policy officials in the normal course of business. This includes briefing, contributions to the policy process, monitoring of targets and performance, production of analysis and responses to Senedd questions.
  2. Publishing social research and statistics that meet the needs of society and support the transparency of Welsh Government decision making, in a manner that is open, trustworthy and trusted. These data are used for a variety of reasons including delivery (for example school self-evaluation); and holding the performance of local government, the public sector and the Welsh Government to account.

• The Code of Practice for Statistics is a statutory Code which applies to all staff within the Welsh Government and is subject to external assessment and comment by an independent regulator.
• In line with the code, all official statistical publications should be pre-announced, publicly stating when an output is planned to be published well in advance of this publication date. Any changes to the publication date must be agreed by the Chief Statistician and be solely for statistical reasons.
• Statistical outputs also come under the Pre-release Access to Official Statistics (Wales) Order 2009. This legislation sets out the rules governing the limited number of individuals who may be granted access to statistics prior to publication and under what circumstances. For all non-market sensitive statistics, the maximum period allowed is 5 working days prior to publication. In most cases, Ministers will receive briefing about statistical publications 5 working days prior to publication. The Ministerial Code requires Ministers to be mindful of the Code of Practice for Statistics and give due regard to pre-release access requirements.
• The pre-release period can be shorter than 5 days. This will include outputs with a tight production period, those produced on a monthly basis for example; and others where we rely on statistics provided by other government departments to produce our own analysis. Statistics produced by UK government departments have a 24-hour pre-release period, and the Office for National Statistics does not give pre-release to their statistics (or only in very exceptional circumstances).  
• Ministers must not use, quote or share pre-release statistics prior to their publication. This includes making any indication to others as to whether or not the statistics are favourable.
• Any statistics used by ministers, for example in ministerial speeches or debates, must be in the public domain. This is in line with expectations of transparency and equality of access to statistics. The Office for Statistics Regulation can and does intervene where it feels this principle has not been met.
• Ministers may also get access to a range of management information about their delivery responsibilities, such as NHS performance data. Where these data are published as official statistics, they cannot be used publicly ahead of release. Even where they are not routinely published as official statistics there is an expectation any public use of data or statistics includes the publication of the underlying source.
• he Office for Statistics Regulation oversees compliance with the Code of Practice for Statistics by government departments. They assess producers of official statistics to establish their compliance with the Code of Practice. They can also proactively intervene in cases where they are made aware that official statistics are used inappropriately or that the code has been breached.
• Ad-hoc statistical requests are published on a fortnightly basis. These are responses provided to external requests for statistics, where the specific detail is not available through published sources. The responses are published to meet expectations around the transparent and accessible release of statistics and data. On occasion the ad-hoc process is also used to put unpublished statistics into the public domain to support use by policy officials and/or ministers.
• The Chief Statistician is the Head of Profession for statistics in the Welsh Government. The Code of Practice states that the Chief Statistician has the sole responsibility for deciding on statistical methods, standards and procedures, and on the content, methods and timing of statistical releases.
• It has also been previously agreed that on matters relating to official statistics, public comment might be attributed to the Chief Statistician in order to reinforce the independence of the role. Statisticians have also undertaken several briefings for journalists, with Ministerial agreement, which aids interpretation of statistics. The ability for statisticians to publicly comment on statistics is a requirement of the Code of Practice.

• The term 'government research' applies equally to both economic research and social research.
• The Government Social Research Code applies across the 4 UK administrations as a voluntary code and is monitored by the central unit within HM Treasury which covers both the Social Research and Economist professions. A key part of the Code is the Publication Protocol and this details the scope of its application (principally that internal advice is outside the scope) and the basic mechanics of the publication process.
• Ministers in a previous administration put in place 5 high level Principles for Research and Evaluation. These are published on the Welsh Government website and include a commitment to the Research Publication Protocol:
  • Early consideration of evaluation - new policies and programmes will consider the needs of evaluation from the outset.
  • Effective planning of research and evaluation - the internal evidence planning process will focus on providing the evidence to support the government’s strategic priorities. An annual evidence plan will be published each year.
  • Research is published - we will publish research according to the Government Social Research publication protocol.
  • Research is acted upon - ministers will be briefed on a proposed response to the recommendations for every evaluation.
  • Value for money (VFM) - where it is possible to do so we will build in explicit VFM analysis in evaluations.
• There is a presumption towards publication as part of the Publication Protocol, and that publication should follow certain standards such as preannouncement. However, the practical arrangements are for individual administrations and departments to decide upon. A Forward Look covering all ongoing research is maintained which sets out expected publication dates and this is circulated to Ministerial Offices and Communications teams on a weekly basis The Forward Look also summarises the details of the publication arrangements put in place within Welsh Government.
  • Ministers are briefed on research 3 weeks prior to the planned publication date
  • The publication date is preannounced on the Welsh Government website 2 weeks prior to the planned publication date
  • The timings can change with the prior agreement of the Chief Social Research Officer.
• Ministers must not use or quote or share pre-release research findings prior to their publication. This includes making any indication to others as to whether or not the findings are favourable or making public decisions that are based on unpublished research.
• Any research findings used by ministers, for example in ministerial speeches or debates, must be in the public domain. This is in line with expectations of transparency and equality of access to social and economic research.
• Researchers have undertaken several briefings for journalists, with ministerial agreement, which aids interpretation of research findings.
• The Chief Social Research Officer and Chief Economist each have overall responsibility for Social Research and Economic Research respectively.