The Well-being of Future Generations (Wales) Act 2015

Abstract

In 2015, the Welsh Assembly passed the Well-being of Future Generations (Wales) Act making it the first legislature in the world to enshrine in law a duty, falling on public bodies, to safeguard the well-being of future generations. The well-being duty is based on the principle of sustainable development and encompasses economic, social, environmental and cultural factors. Public sector duties are nothing new but this is the first which concerns the welfare of stakeholders who do not yet exist and hence require a guardian, in the shape of the Future Generations Commissioner. This paper discusses the nature and scope of the well-being duty and the extent to which it is an enforceable legal duty as opposed to an aspirational political duty. It is concluded that the Well-being of Future Generations (Wales) Act has the potential to be a world-leading provision but its success in safeguarding the interests of future generations will depend heavily on the political will and the personalities of those tasked with holding public bodies to account.