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
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.
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.
This White Paper contains a three volume set of documents (Cm. 7342-I/II/III, ISBN 9780101734226) and is part of the Governance of Britain series examining constitutional renewal. In July 2007, the Governance of Britain Green Paper was published (ISBN 9780101717021) which set out the Government's vision and proposals for constitutional renewal, calling on the public, Parliament and other organisations to submit views. The result of the consultation is the publication of this White Paper. Volume 1 covers the substantive issues of constitutional renewal, including: the Government's policy proposals; the Attorney General; judicial appointments; treaties; the civil service; war powers; flag flying and other policies, such as the reform of the Intelligence and Security Committee; a wider review of the Royal Perogative; passports; the National Audit Office; public appointments and Church of England appointments. Volume 2, presents the draft Constitutional Renewal Bill, with Volume 3, setting out an analysis of the consultations. For specific publications on a number of the issues examined here, see Cm. 7239, War Powers & Treaties - ISBN 9780101723923; Cm. 7210, Judicial Appointments, ISBN 9780101721028; Cm. 7192, Role of the Attorney General, ISBN 9780101719223.
proposed National Assembly for Wales (Legislative Competence) Order in the field of social Welfare 2008 : Fourth report of session 2007-08, report, together with formal minutes, oral and written Evidence
The Committee believes that a draft Bill would have been more appropriate than a White Paper (Cm. 6582 (ISBN 0101658222), but nonetheless it sets out a number of conclusions and recommendations. It accepts the view that a "Welsh Statute Book" should be established setting out a clear and comprehensive register of Welsh legislation. The Committee further commends the proposals to make a formal separation of the Legislature and the Executive in the National Assembly for Wales, with the Welsh Assembly Government being known as the Welsh Executive. The Assembly should have the right to dissolve itself, if a Government cannot be appointed. The Committee supports the proposals for electoral reform as laid down in the White Paper. The report comprises five sections: Introduction; The separation of the Executive and Legislature; Recommendations of the National Assembly Committee; New legislative powers; Electoral reform along with formal minutes and oral evidence.
The draft Wales Bill is presented for pre-legislative scrutiny. The Bill implements almost all of the recommendations from the first report from the Independent Commission in Devolution in Wales (the Silk Commission) on the devolution of tax and borrowing powers to the National Assembly for Wales and the Welsh Government. This paper includes English and Welsh language texts of the draft Bill, explanatory notes and a summary impact assessment
The powers of the Welsh Assembly were established by the Government of Wales Act 1998. This Bill proposes to extend devolved law-making powers, after further consultation, and a referendum. The Welsh Assembly Government would be established as an entity, separate from, but accountable to, the National Assembly for Wales. There would be be a new Welsh Consolidated Fund into which the Secretary of State would make payments out of moneys voted by Parliament, and the Assembly Government would be accountable to the Assembly for the use of budgetary resources. In the event of a vote in favour of "primary legislative powers" within devolved fields of competence without further recourse to Parliament [Westminster], procedures to regulate the relationship between Westminster and the Assembly would need to be developed, somewhat akin to those between Westminster and the Holyrood Parliament in Scotland. The Assembly would have more legislative freedom, for instance, powers to make subordinate legislation [Statutory Instruments]. The Bill also includes provisions concerning the conduct of Welsh Assembly general elections, the role and responsibilities of Assembly members. Explanatory notes to this Bill, prepared by the Wales Office, are published separately as Bill 100-EN (ISBN 0215802292).
The draft Wales Bill was published following the recommendations of the Silk Commission in November 2012. It sets out to devolve tax and borrowing powers to the Welsh Government and National Assembly for Wales, make changes to the electoral arrangements of the National Assembly for Wales, and clarify and update the devolution settlement. The Government hopes that the provisions in the draft Wales Bill will enable devolved governance in Wales to become more accountable. The cross-party Committee believes partial devolution of income tax to the Welsh Government should be put to the people of Wales in a referendum. The cross-party Committee also has sympathy with the argument that the issue of "fair funding" must be resolved before any income tax powers are devolved so that Wales is not unfairly disadvantaged. The issue of fair funding - how the size of the block grant from the UK Government is determined, currently by the Barnett formula which has long been criticised as providing an unfairly low allocation to Wales - needs to be examined and should not wait until after the 2015 General Election. The National Assembly for Wales should have power to decide its own Assembly term length, rather than this being decided at Westminster. The Committee recommends the clause in the draft Bill which permanently extends the length of the Assembly from four to five years should be scrapped and replaced with provisions that give the National Assembly the powers to determine the length of its own electoral term.
This Welsh Affairs Committee report, "Globalisation and its impact on Wales" (HC 184-I, ISBN 9780215526373), examines the effects of global trade on a variety of economic sectors, including employment and skills, broadcasting, and food supply and production. The Committee found evidence of existing skills gaps in Wales, for example in specialist areas such as science, and recommends that to avoid dependence on low skilled, low paid jobs, the UK and Welsh Assembly Governments work with the higher education sector to raise the skills base. Universities are the drivers of the knowledge economy, which is key to success in the global marketplace. The Committee believes it is imperative that the UK and Welsh Assembly Governments fully integrate the commercial potential of higher education into their policies. Welsh companies can increase their value and stimulate the local economy by exploiting a strong local identity and values, and by making use of higher level and specialist skills to offer premium goods and services that cannot be sourced abroad, particularly in the farming and food production industries, where Wales is developing a global reputation for excellence. Also in the report, the Committee: welcomes the use of innovative methods of broadcasting used by S4C to engage with audiences outside Wales; recommends the commissioning of more programmes reflective of Welsh identity; supports initiatives helping Welsh companies to exploit their global potential in the creative industries.
The effect of this proposed LCO would be to devolve wide-ranging legislative competence for social housing policy to the National Assembly for Wales. The terms of the proposed Order include the provision of social housing, provision by local authorities of caravan sites for use by gypsies and travellers, measures to tackle homelessness, and council tax payable in respect of dwellings that are not the main residence of an individual. The current proposal is a revision of an earlier, much narrower, affordable housing LCO laid before Parliament in 2008, which was criticised because the terms of the LCO went much wider than the policy purposes described to us by the Minister in her evidence. The Committee believes that there is indeed a demand in Wales for comprehensive social housing legislation for Wales, to include the regulation of social housing providers and reform of tenure law. It concludes that the current Order is a logical extension of the current devolution settlement and, with minor technical changes outlined in this Report, is content that it should proceed. The Committee reiterates its continuing concerns about the naming of LCOs. There is now a number of draft or proposed Orders with similar titles. The recommendation is that LCOs should be given a simple title which conveys the actual subject of the Order to the general reader.
The powers of the Welsh Assembly were established by the Government of Wales Act 1998. This Bill proposes to extend devolved law-making powers, after further consultation, and a referendum. The Welsh Assembly Government would be established as an entity, separate from, but accountable to, the National Assembly for Wales. There would be be a new Welsh Consolidated Fund into which the Secretary of State would make payments out of moneys voted by Parliament, and the Assembly Government would be accountable to the Assembly for the use of budgetary resources. In the event of a vote in favour of "primary legislative powers" within devolved fields of competence without further recourse to Parliament [Westminster], procedures to regulate the relationship between Westminster and the Assembly would need to be developed, somewhat akin to those between Westminster and the Holyrood Parliament in Scotland. The Assembly would have more legislative freedom, for instance, powers to make subordinate legislation [Statutory Instruments]. The Bill also includes provisions concerning the conduct of Welsh Assembly general elections, the role and responsibilities of Assembly members. These notes refer to the Government of Wales Bill as introduced in the House of Commons on 8th December 2005 (HC Bill 100, ISBN 0215706595)
The Welsh Affairs Committee finds many aspects of the Legislative Competence Order (LCO) process - the mechanism for the Assembly to bring forward proposals to extend its lawmaking powers - are working well. After more than two years in operation, the LCO process has proved to be an effective system for the transfer of powers to Wales.
A Bill to make provision about elections to and membership of the National Assembly for Wales; to make provision about the Welsh Assembly Government; to make provision about the setting by the Assembly of rates of income tax to be paid by Welsh taxpayers and about the devolution of taxation powers to the Assembly; to make related amendments to Part 4A of the Scotland Act 1998; to make provision about borrowing by the Welsh Ministers; to make miscellaneous amendments in the law relating to Wales. Brought from the Commons on 25 June 2014
This report of the inquiry by the Welsh Affairs Committee into social exclusion in Wales following devolution focuses on those areas which remain largely the responsibility of the UK Government, and on financial exclusion and poverty in particular. The Committee does not scrutinise the work of the Welsh Assembly and welcomes the Social Inclusion Action Plan that has been drawn up by the Assembly. The Report makes recommendations to both the UK government and the National Assembly for Wales. It concludes that devolution offers a great opportunity to develop local solutions appropriate to social exclusion in Wales but emphasises that very close co-operation between the UK Government and the National Assembly is essential. The Government must provide real money, through funding for the National Assembly and through social security. Reducing poverty is the key to promoting social inclusion. People experiencing social exclusion and poverty must be fully involved in developing policy to tackle those problems.
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