| Current Role of the Legislation Committee
1. The Legislation Committee scrutinises Assembly subordinate
legislation. It is established under Section 58(1) of
the Government of Wales Act 1998. Sections 58 and 59
of the Act contain the statutory provisions relating
to the functions and membership of the Legislation Committee.
Standing Orders 11 and 22 outline the responsibilities
of the Committee and the procedure for the passage of
Assembly Legislation respectively. The grounds for the
Committee to draw the special attention of the Assembly
to subordinate legislation are in Standing Order 11.5.
2. The effective working of the Legislation Committee
is an important benefit which the Assembly brings to
the governance of Wales. The role of the Legislation
Committee is to check that the legislation coming before
the Assembly is not defective and that any relevant
requirements have been complied with.
Powers
3. One of the questions for consultation was whether
the Government of Wales Act provides the Assembly with
sufficient powers to operate effectively and meet the
expectations of the people of Wales. It should be stressed
that at the moment there is an inconsistency in an Assembly
in Wales with responsibility for implementing policy
without influencing it and a Parliament in London with
responsibility for legislating for policy without implementing
it.
4. The present system fails to involve AM’s or
wider interests in formation of bids for Westminster
legislation, or in policy which lies behind bids.
5. There is disappointment that the UK government has
not responded more positively to bids for legislation,
noting that since devolution there has been only one
Wales-only Act and one Bill scheduled for the coming
Parliamentary session.
6. We believe it is important to confer powers of primary
legislation within Wales to allow the development of
the political and legal capacity to give full expression
to the policy requirements of Wales. Examples of the
use of primary legislative powers in a Wales Legislature
would be such areas as Health (Free Personal Care);
Education (in order to adjust tuition fees) and Animal
Health.
Impact of Increased Powers
7. As part of its review the Richard Commission will
be considering the question of additional powers for
the Assembly and will clearly be looking at the Westminster
and Scottish Parliament models as part of its considerations.
In considering these options, the following points would
be relevant to the role of the Legislation Committee.
8. If the Assembly were to receive primary legislative
powers and the present structure were split into a separate
Legislature and Executive, the function of making subordinate
legislation would, if the Westminster and Scotland pattern
were adopted, be vested in the Executive. The Legislation
Committee would in these circumstances become a committee
of the Legislature scrutinising subordinate legislation
after it had been made in the case of negative resolution
procedure (the majority of cases in Westminster and
Scotland) and before making in the case of affirmative
resolution procedure. Thus, if this were to happen,
the Committee would be reporting to the Legislature
in relation to action taken by the Executive.
9. It might be relevant to consider whether the Legislation
Committee should have the additional function which
the Scottish Committee have of reporting on subordinate
legislation powers in proposed primary legislation.
10. Given that there is no precedent of primary legislation
for Wales being drafted by persons other than the Parliamentary
Counsel in London, the Commission might choose to consider
whether the Legislation Committee should be given a
role in advising the Legislature on the drafting of
primary legislation as introduced in the Legislature.
Legislation Committee Submission To Assembly Review
of Procedure
11. Whilst not directly relevant to the Commission’s
consideration of the powers of the Assembly, it might
be helpful for the Commission to be aware of the points
made by the Legislation Committee in the context of
the recent review of Assembly procedure. Please find
below the table with a complete list of all proposals
to the ARP. The table shows whether the proposals have
been taken forward or not and why.
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