This post reflects my views on the unfolding situation on the divergence of ideas between WAG, namely Edwina Hart AM and some members of the Parliament at Westminster, on the proposed measures for the protection of NHS staff: BBC News Link: Here.
Peter Black AM passed these comments on his blog "It cannot be right that NHS workers in Wales have any less protection than those in England."
"I can see no logical reason why the Welsh Assembly Government might want to opt out of these criminal justice measures. It really does look like they were more concerned about making a point about devolution rather looking after the interests of the staff."
NB. I take Mr Blacks views as the general consensus for those who are opposed to the stand that Ms Hart has taken on the issue.
Firstly, will the Criminal Justice System measures protect staff? The answer is obviously a resounding no. It must be noted that these measures will be a Criminal Law, if this law is broken it is Regina who will bring proceedings against the accused, and Regina is the Queen. The use of the word protect has baffled me! The Law governs how we live our lives it does not protect us from evil, only when the rule of the law is broken does it step in as a reactionary to punish those who have not abided by it. As such, it provides no proactive protection. It should not be commented on by the journalists of this country as such.
Secondly, Without a divergence from the English Criminal Justice System what is the point of devolution? If Wales doesn't make a divergence from the English Law then it will in the future succumb to it. If it is never diverged from it will give legitimacy to the Centre (Westminster) to repeal the Government of Wales Acts and whatever comes after them, by simply stating that "The Welsh did not see any need for devolution, they followed Westminster's lead on all issues relating to the law and as such we see no need for a settlement which only doubles the amount of bureaucracy and the cost for the people."
He also runs the risk of pitting the worker against WAG! Why must this be the case? Practical and not Legal solutions must be the way forward, and I hope to comment on these as soon as they are made available by WAG.
It's time to show that Welsh politics have come of age. WAG need to use this as a litmus test and prove that they can achieve their own goals without the support of English Law. This for me is a fundamental day for Welsh Devolution, many people may not agree with me, but some time not too far from now we may look back and see what Ms Hart has done lately as one of the biggest steps over the last decade of finding a Welsh solution. Lets not be so conservative with such issue and embrace radicalism, a favoured welsh form of politics.
This is still a work in progress and a very rough draft of my thoughts on this issue, I welcome your comments.