proposed Legislative Competence Order relating to school Governance : Seventh report of session 2009-10, report, together with formal minutes, oral and written Evidence

proposed Legislative Competence Order relating to Transport : Eighth report of session 2009-10, report, together with formal minutes, oral and written Evidence

Government response to HCP 273, Session 2009-10.

The proposed National Assembly for Wales (Legislative Competence) (Local Government) Order 2009 is the twelfth Legislative Competence Order on which the Welsh Affairs Committee has reported. The Order will give the Assembly powers in respect of the structures and work of local government in Wales at all levels. The Welsh Assembly Government has requested this power because it wishes to develop and strengthen the role of community councils and councillors in Wales. The proposed Order will allow the Welsh Assembly Government to fulfil its commitment to seek legislation to address issues identified in the 2003 'Aberystwyth Report'. The Committee agrees that a clear need for the proposed LCO has been identified and is consistent with the Government's commitment to build up the capacity of town and community councils. The proposed Order is drafted in broad and accessible terms with the minimum of exceptions and interpretation. The Committee is concerned, however, that there are now many terms used to describe the various tiers of local government in Wales and agree with the suggestions put forward that the Minister should speedily undertake a review of terminology relating to local government. Specifically the term 'community' is cited as having various meanings dependent on context. Furthermore, given that there have already been several LCO proposals identified in terms of local government, to call this the National Assembly for Wales (Legislative Competence) (Local Government) Order introduces the potential for confusion. A title such as 'National Assembly for Wale (Legislative Competence) (Community Councils) Order or similar is suggested

Working practices between the UK and Welsh Assembly governments in relation to cross-border policies appear much improved since the Committee's earlier reports on this subject. But a number of outstanding issues remain in transport, health and further and higher education. On transport the Committee welcomes the planned electrification of the Great Western Main Line. However, the Department for Transport appears to have washed its hands of any strategic responsibility for cross-border roads. The A483 is the clearest example of a road vital for travel within Wales but which is not important to the English region in which it is located, and as a result loses out on funding. The Committee stresses the need for comparative data on which to build solid research comparing NHS performance in the devolved nations. More needs to be done to raise public awareness of the differences in services people can expect to receive on both sides of the border. Transparency of information is vital. Research proposals in the UK Government's Higher Ambitions strategy for higher education make no reference to nations other than England, despite the UK-wide research remit of the Department for Business, Innovation and Skills. The Committee calls for details about how research funding proposals apply to all four nations.

On 3 March 2011 the voters of Wales will be given an opportunity to decide, in a referendum, whether the National Assembly for Wales should assume primary law making powers under Part 4 of the Government of Wales Act 2006. Schedule 7 to the Government of Wales Act would be at the heart of the new constitutional settlement if the referendum vote is affirmative. Prior to the referendum, the Government has proposed amendments to Schedule 7 in the draft Order: the National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010, laid before Parliament on 21 October 2010. The Committee believes that it is essential that the House is clear about what it is agreement to in approving the draft Order. This report outlines the context in which the Order is being put forward, the nature of the amendments proposed, and the extent of the legislative competences which the National Assembly would enjoy if it came into effect. While there would remain a few ambiguities and loose ends in the definition of the Assembly's powers under Part 4 of the Government of Wales Act, the Committee sees no impediment to the House approving the draft Order. The amendments to Schedule 7 are unlikely to be the last word on the shape and nature of the constitutional arrangements for Wales and the Committee has sought and received assurances that Parliament and the Welsh Affairs Committee will be properly involved in the examination of any future changes to them.

The effective operation of devolution stands the best chance of success if both the UK and Welsh governments share knowledge and understanding, concludes the Welsh Affairs Committee in this report. The Committee makes a number of recommendations to improve the relationship between Wales and Whitehall. A broad review of how intergovernmental relationships are coordinated is required. The Joint Ministerial Committee should meet on a regular basis and ministers at all levels should be alert to the consequences of policy and legislation on devolved areas. The Cabinet Office should take lead responsibility for devolution strategy in Whitehall. Whitehall has lost a focus on the devolution settlement and too often has displayed poor knowledge and understanding of the specificities of the Welsh settlement. The Civil Service needs more consistent training and clear department-by-department focus on retaining devolution knowledge and understanding. The Welsh Assembly Government should have the confidence to interact with Whitehall and to promote areas of good practice. The Cabinet Secretary and the Permanent Secretary to the Welsh Assembly Government should give evidence annually to the Welsh Affairs Committee. Finally, reform of the Barnett Formula is required. The current financial settlement does not appear sustainable and a new arrangement needs to be built on an agreed and enduring basis which is demonstrably fair and sensitive to the particular circumstances of Wales.

Pre-legislative scrutiny of the proposed National Assembly for Wales (Legislative Competence) (Transport) Order 2010

There is a pressing need for more prison places in Wales. There are only four prisons in Wales, all of which are in South Wales. The Committee urges the Government to be flexible in its approach, which would be consistent with the considered views expressed in recent reports by the Justice Select Committee.

Although the National Assembly of Wales has limited law-making powers, they can be enhanced, given Parliamentary consent, by a new procedure known as Legislative Competence Order in Council. This sits alongside a procedure where Acts of Parliament may prescribe matters on which the National Assembly may legislate within areas (known as "Fields") for which it has responsibility. In this report the Committee examine the new procedure. Although it welcomes the chance to be involved in the pre-legislative scrutiny of draft Orders, it is worried about the potential work load and think there could be merit in ad hoc committees set up to examine each proposed Legislative Competence Order. There is also a concern that Matters added by provisions in Bills of a general nature will not have the same degree of scrutiny as legislative Competence Orders.