Cabinet handbook - Section 2: The Welsh Government

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.