|
 |
| |
Committee Systems
|
| ‘The power to send
for persons, papers and records is associated with the
fundamental right of Parliament to inform -not in any
judicial capacity- but in its scrutinising role as a legislature.
It remains one of the most important sources of parliamentary
power and in theory it is unlimited.’(Diana
Woodhouse, 1994)35 |
|
‘Ron Davies assumed
subject committees… would be more powerful than
House of Commons select committees. They would deal
with any significant secondary legislation, develop
new policy, scrutinise old policy and the performance
of the executive, oversee public appointments, and contribute
to budgetary priorities.’ (Laffin and Thomas,
2000)36
|
| There are currently eighteen departmental
select committees compared to only six subject committees
in the Assembly.37
Several of the committees share competencies. As appendix
A shows, the subject committees cover the areas of Agriculture
and Rural Development, Education and Life Long Learning,
Health, Economic Development, Culture Sport and the Welsh
language, Environment, Planning and Transport. The Assembly’s
five standing committees cover other key areas such as
Audit, European Affairs, Legislation, Equality of Opportunity,
and House Committees. The competencies are not parallel.
The Environment, Food, and Rural Affairs committee in
the commons finds two Assembly committees that cover its
work, namely, the Agriculture and Rural Development and
Environment Planning and Transport committees (EPT). This
is the same for Transport, Local Government and the Regions
Committee, which has the EPT committee and the Local Government
and Housing Committee covering its competencies. However,
the definition (by the Assembly Government) of committees’
portfolios as mirroring ‘the accountability in fields’
of the Ministers ‘can prevent the scrutiny of cross
cutting issues.’38
For example, the Environment Minister although responsible
for sustainable development is not required to report
to the EPT about it. 39 |
| Roles |
| Departmental Select Committees were introduced
in 1979 ‘to examine the expenditure, administration
and policy’ of specified government departments and
associated public bodies.40
Their role was to ‘support Parliament’s efforts
to exert control over the Executive.’41 They have complete freedom to report
on anything within the responsibility of the department
they shadow. Assembly Committees in contrast have a wider
focus. Their three core roles are scrutiny of the executive
and its sponsored bodies, policy development, and advise
on subordinate legislation.42 Under standing orders they are required to
make an annual report to the Assembly detailing how/if
they have fulfilled their functions. Apart from scrutiny
and policy they have a duty to investigate any matter
referred to it by the Assembly (after an affirmative vote
in plenary). |
| The 14th May 2002 say the Common’s
approval of the Modernisation Committee’s report
recommendation for ‘common objectives’ for all
select committees. The Eleven core tasks include: consideration
of major policy initiatives, consider the Government’s
response to major emerging issues, to propose changes
in policy where necessary, conduct pre-legislative scrutiny
of draft bills, to examine and report on ‘Estimates,
annual expenditure plans and annual resource accounts,’
to monitor performance against targets in public service’
to take evidence from each Minister at least annually,
to take evidence from independent regulators and inspectors,
to consider the reports of Executive Agencies, to consider
and report on major appointments by senior Ministers and
to examine treaties within their subject areas.’43
This has only recently been adopted and it remains to
be seen if this becomes a ‘check list’ or a
‘pix’n’mix’ for select committees.
If they decide to attempt to fulfil all the criteria,
above, the net effect will be significant especially in
the areas of pre-legislative, expenditure, and appointments-
where present scrutiny is very limited.44 In contrast, the Assembly’s
standing orders only spell out basic tasks considering
they were intended to be ‘the engine rooms of the
Assembly.’ The implementation of a similar ‘scrutiny
list’ for subject committees would be an invaluable
tool to ensure they fulfil their duty to scrutinise and
do not over indulge in their policymaking role. |
| Powers |
| Select committees’ power derives from
their right under standing order 152(4) ‘to send
for persons, papers and records, to sit notwithstanding
any adjournment of the House, to adjourn from place to
place, and to report from time to time’45
Assembly Subject Committees powers are more complex as
they are to be found in section 74 of the Government of
Wales Act 1998 and standing orders. Although the core
roles of the committees are policy development, scrutiny
of old policies and the executive there are several other
roles that they have been empowered to fulfil. These roles
are all geared to increase the checks on WAG. The Assembly’s
standing orders stipulate: |
| ‘Each subject committee shall |
- Contribute to the development of the Assembly’s
policies within the fields for which the relevant
Minister is accountable to the Assembly;
- keep under review the expenditure and administration
connected with their implementation; and
- keep under review the discharge of public functions
in those fields by public, voluntary and private bodies…
|
| Each subject committee shall also |
- Advise on proposed legislation affecting Wales,
including performing its functions under standing
order 22;
- provide advice to the Assembly Cabinet on matters
relating to the allocation of the Assembly’s
budget in accordance with standing order 19…
46
|
35
‘Diana Woodhouse ‘Ministers and Parliament:
accountability in theory and in practice’(1994) p
179.
36 Laffin, Martin and Thomas,
Alys, ‘Designing the National Assembly for Wales,
Parliamentary Affairs 2000 Vol 53.
37 Including the two new Departmental
Select Committees for the Deputy Prime Minister and the
Lord Chancellor’s department recently created.
38 Edwards, Richard, ‘Evidence
to the Richard Commission’ 25 November 2002, p6.
39 Ibid |
40
The Committee System of the House of Commons, p.18. 2001
41 Ibid
42 Standing Orders 9.7-9.8
43 Modernisation Committee, Work
of the Committees: Second Progress Report [HC 865] .
44 Drewery, Gavin, ‘The
New Select Committees, 1989, (2nd edition) p413 |
45
House of Commons public standing orders 152 (4)(a).
46 Standing orders 9.7-9.8, page
http://www.wales.gov.uk/keypubstandingorders/content
/standingorder-110602-e.rtf |
|
|
|
|
|
