Frequently Asked Questions
Who is the current Future Generations Commissioner?
AnswerThe current Future Generations Commissioner for Wales is Sophie Howe (“the Commissioner”). She is the first person to assume the role, which was created by the Well-being of Future Generations (Wales) Act 2015. She was appointed by a cross-party group of the National Assembly for Wales and took up the position in April 2016. You can find out more about her here.
What is the vision set out by the Well-being of Future Generations Act?
AnswerThe Well-being of Future Generations Act sets in law a common national vision for well-being in Wales. It introduces the four dimensions of well-being (environmental, social, cultural and economic) which paint a holistic picture of well-being in Wales. To provide further detail of the vision of well-being in Wales, the law also introduces the seven well-being goals, which frame the social, economic, cultural and environmental dimensions. The Act includes a detailed description of each well-being. Their definition is part of the law and it cannot be changed. The goals are a holistic set of seven and should not be considered in isolation.
The 5 ways of working
AnswerTo ensure that public bodies in Wales have better processes and think differently when making decisions, the Act also sets out the five ways of working, which are part of the sustainable development principle. These ways of working are set out in Section 5(2) of the law:
- Involvement – The importance of involving people with an interest in achieving the well-being goals and ensuring that those people reflect the diversity of the area which the body serves.
- Long Term – The importance of balancing short-term needs with the need to safeguard the ability to also meet long-term needs.
- Prevention – How acting to prevent problems occurring or getting worse may help public bodies meet their objectives.
- Integration – Considering how the public body’s well-being objectives may impact upon each of the well-being goals, on their other objectives, or on the objectives of other public bodies.
- Collaboration – Acting in collaboration with any other person (or different parts of the body itself) that could help the body to meet its well-being objectives.
What is the role of the Future Generations Commissioner?
AnswerThe Commissioner’s main role is to help public bodies change their behaviours and follow the new requirements of the Well-being of Future Generations Act to improve the social, economic, environmental and cultural well-being of the people of Wales. The duty of the Commissioner, as specified in the law, is to promote the sustainable development principle (which states that public bodies should try to make sure that the needs of current generations are met without compromising the ability of future generations to meet their needs). She must act as the guardian of future generations needs and help public bodies to think long term. To do this, she can give advice to the public bodies listed in the Act , the Auditor General for Wales (who must conduct at least one examination per 5-year cycle on how each public body has acted in accordance with the sustainable development principle), groups of public bodies called Public Services Boards , or to any other person who can contribute to the seven well-being goals or help improve well-being in. The Act applies to specific public bodies, which have to set and publish their own well-being objectives that maximise contribution to the seven well-being goals. The Commissioner has to monitor and assess the extent to which public bodies meet these well-being objectives.
What powers does the Commissioner have?The Commissioner must promote the sustainable development principle , act as the guardian of future generations and encourage public bodies to think of the long term effect of their decisions. To do this, the law allows the Commissioner to:
- provide advice or assistance to a public body;
- provide advice to the Auditor General for Wales on the sustainable development principle;
- provide advice or assistance to a public services board in relation to the preparation of its local well-being plan;
- provide advice or assistance to any other person who the Commissioner considers is taking (or wishes to take) steps that may contribute to the achievement of the well-being goals;
- encourage best practice amongst public bodies in taking steps to meet their wellbeing objectives in accordance with the sustainable development principle;
- promote awareness amongst public bodies of the need to take steps to meet their well-being objectives in accordance with the sustainable development principle;
- encourage public bodies to work with each other and with other persons if this could assist them to meet their well-being objectives;
- seek the advice of an advisory panel in relation to the exercise of any of the Commissioner’s functions.
Which public bodies does the Act apply to?
AnswerSection 6 of the legislation lists 44 specific public bodies. These are:
- The Welsh Government;
- County Councils;
- Local Health Boards;
- Public Health Wales;
- Velindre NHS Trust;
- National Park authorities in Wales;
- Welsh fire and rescue authorities;
- Natural Resources Wales;
- the Higher Education Funding Council for Wales;
- the Arts Council of Wales;
- the Sports Council for Wales;
- the National Library of Wales;
- the National Museum of Wales.
What are Public Services Boards and where are they?
AnswerPublic Services Boards were created in the Well-Being of Future Generations Act to replace the former Local Service Boards. Their aim is to encourage collaboration and integration in the delivery of public services. Under the Act, Public Services Boards have a duty to improve the cultural, economic, social and environmental well-being of their area by contributing to the achievement of the well-being goals. Public Services Boards have statutory members – the local Council, the local health board, the local fire and rescue authority and Natural Resources Wales – but other bodies, such as the Welsh Ministers and relevant voluntary organisations, must be invited to participate. [for more information see Part 4, Section 30 of the Act and the statutory guidance for Public Services Boards: SPSF3] Some local authorities have chosen to merge the Public Services Boards for their area and this is why there are only 15 Public Services Boards in Wales:
- Anglesey and Gwynedd Public Services Board
- Bridgend Public Services Board
- Cardiff Public Services Board
- Carmarthenshire Public Services Board
- Ceredigion Public Services Board
- Conwy and Denbighshire Public Services Board
- Cwm Taf Public Services Board
- Gwent Public Services Board
- Flintshire Public Services Board
- Neath Port Talbot Public Services Board
- Pembrokeshire Public Services Board
- Powys Public Services Board
- Swansea Public Services Board
- Vale of Glamorgan Public Services Board
- Wrexham Public Services Board
What are the Commissioner’s areas of focus?
AnswerThe Commissioner’s duty is to promote the Act and help improve well-being in Wales. This can cover almost every possible policy area and decision made in Wales. The Commissioner decided to select these several big issues, challenges and opportunities facing future generations to concentrate her actions in order to have a real and deep impact. The areas of focus were chosen after a rigorous process involving over 1,300 people. You can find more information about the process in the document ‘Developing Priorities for the Future Generations Commissioner’. The areas of focus that were identified as having the greatest potential to improve all four dimensions of well-being (environmental, cultural, social and economic) are:
- Creating the right infrastructure for future generations, with a focus on:
- Equipping people for the future, with a focus on
- Cross-cutting areas of corporate change:
- Strategic budget
Why can’t the Commissioner get involved with other areas of work not included in her areas of focus?
AnswerThe Commissioner’s duty can cover almost every possible policy area and decision made in Wales. Given the limits of her remit and budget, the Commissioner decided to select several big issues, challenges and opportunities facing future generations to concentrate her actions in order to have a real and deep impact. The Commissioner has to consider where to intervene to secure the best outcomes for future generations in all parts of Wales. She, therefore, works at a strategic level to challenge and influence policy which impacts decisions across all of Wales. The areas of focus that were identified as having the greatest potential to improve all four pillars of well-being (environmental, cultural, social and economic) are detailed above in ‘What are the Commissioner’s areas of focus?’. Every year, with her team, the Commissioner designs a roadmap to focus her team's and her effort. This year’s workplan for April 2021 – March 2022, is structured around four purposes which were set out at the beginning of the Commissioner’s term of office. They are:
- Highlighting and acting upon the big issues and challenges facing future generations.
- Supporting and challenging public bodies to use the Well-being of Future Generations Act.
- Being part of and helping to build a movement for change around the Act.
- Walking the talk – being the change that we want to see in others.
How is the role of the Future Generations Commissioner different from the role of other Commissioners?
AnswerThere are different types of commissioners in Wales and throughout the world. Each are given specific powers in the legislation which creates them. The role of a Commissioner is also different from the role of an Ombudsman, who investigates specific complaints against particular bodies. The term Commissioner is used for three main types of activities:
- Commissioners who regulate an area of work by setting standards and checking compliance and sanctioning breaches of the standards;
- Commissioners who champion and help the people they are responsible for, to seek formal remedies, including help with court cases;
- Commissioners who promote a principle or a policy and help it get implemented by providing advice and making recommendations.
Can the Commissioner intervene in a decision?
AnswerUnlike other Commissioners, the Future Generations Commissioner was not set up investigate complaints or provide legal or financial support to individuals seeking remedy for their specific cases. Her role is not established in law as an extra layer of appeal on specific issues and, in particular, in planning. The Commissioner does not have the powers to sanction public bodies and cannot overturn decisions that have already been taken. She has set areas of focus, which she seeks to ensure are truly sustainable at all levels (e.g. national policy, behaviours and procedures) and she has been challenging public bodies involved in their delivery. The Commissioner has pledged to listen to the concerns of the public. She is actively seeking to identify common problems in the many letters she receives. This is why, the Commissioner has devised criteria to help her identify common problems, and to see if and how she can help when these problems are within her areas of focus. This includes the following questions:
- Does it involve bodies covered by the Act?
- Can the process still be influenced?
- What is the scale of the project/decision?
- Does it affect more than one part of Wales or a significant section of the population?
- Is it a cross cutting issue?
- Are there precedents?
- Does it come within our priority areas?
- Is there potential for transferable knowledge?
- Have we done work on this issue before?
- Can we resource action?
Can the Commissioner intervene in a decision that has already been made?
AnswerUnlike other Commissioners, the Future Generations Commissioner was not set up investigate complaints or provide legal or financial support to individuals seeking remedy for their specific cases. Her role is not established in law as an extra layer of appeal on specific issues and, in particular, in planning. In terms of decisions in planning alone, there are over 25,000 planning decisions in Wales each year, which the Commissioner could be asked to consider, which is why it is impossible for her to consider individual applications and decisions. The Commissioner’s main role is to help public bodies change their behaviours and follow the requirements of the Well-being of Future Generations Act to improve the social, economic, environmental and cultural well-being of the people of Wales. The Commissioner does not have the powers to sanction public bodies and cannot overturn decisions that have already been taken. The Commissioner can conduct formal reviews to provide her with insight on how public bodies apply the Act, but it is important to note that conducting a review does not allow the Commissioner to overturn specific decisions that have already been made. It is a mechanism to find out if public bodies are protecting future generations and to check if they have thought of the long-term impact of their actions. At the end of a review, the Commissioner can make recommendations to advice on how the public body should apply the Act in the future.
Can the Commissioner intervene in planning decisions?
AnswerIn terms of decisions in planning alone, there are over 25,000 planning decisions in Wales each year, which the Commissioner could be asked to consider, which is why it is impossible for her to consider individual applications. Unlike other Commissioners, the Future Generations Commissioner was not set up investigate complaints or provide legal or financial support to individuals seeking remedy for their specific cases. Her role is not established in law as an extra layer of appeal on specific issues and, in particular, in planning. Due to limited resources and specific powers, the Commissioner has to consider where to intervene to secure the best outcomes for future generations in all parts of Wales. She, therefore, works at a strategic level to challenge and influence policy which impacts decisions across all of Wales. For more information on the work we’ve done around planning, visit our Planning page. However, all of the issues raised with us are considered regularly and inform the Commissioner's decisions on where to intervene strategically. It was as a result of concerns being raised about the planning process that the Commissioner decided to focus on work with Welsh Government to reform planning policy in Wales through Planning Policy Wales, the National Development Framework and the updated Local Development Plan Manual. We recognise that, unfortunately, it will take time for these changes to national planning policy to trickle down to individual decisions.
How can the Commissioner help people?
AnswerThe Commissioner cannot investigate complaints, hear appeals, support individuals in seeking legal remedies. This was decided by the Welsh Government and the National Assembly for Wales when they created her office and as they passed the Well-being of Future Generations Act. The Commissioner’s duty, as set up in law, is to promote the sustainable development principle. She must act as the guardian of future generations and encourage public bodies to think long-term. Her powers are focused on public bodies in Wales. She can advise and assist them, so they improve the well-being of the people of Wales. The Commissioner is keen to empower people in their understanding of the Act and how the Act can be used to challenge decisions and policies. She publishes documents that can help the public use the Act to support and challenge public bodies caught by the law. The Commissioner’s frameworks, including the Future Generations Framework for projects, can be used to question how the Act and its elements are being used in specific projects and decisions. As part of the partnership programme, The Art of the Possible, the Commissioner has published Journeys to each of the seven well-being goals. These provide practical actions (from Simple Changes to more ambitious steps) that can help public bodies maximise their contribution to the goals. The can also provide people with information about the Act and its provisions and she can signpost people to useful organisations, sources and information. When general and recurring issues emerge, the Commissioner may raise the issue with the relevant public body or try and influence national policy within her priority areas to affect change in the future.
What can members of the public do to challenge decisions using the Act?
AnswerPublic bodies are under a duty ‘to carry out sustainable development’. There are three main elements to the duty:
- improving the social, economic, environmental and cultural well-being of Wales;
- acting in accordance with the sustainable development principle (not compromising the ability of future generations to meet their needs, taking account of the five ways of working);
- aiming at achieving the well-being goals, which includes setting well-being objectives.