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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
This Draft Local Audit Bill, sets out the government's vision for the future of local audit. It has been designed to implement the government's commitment to disband the Audit Commission and re-focus audit on helping local people hold their councils and other local public bodies to account for local spending decisions. The aim of this new draft bill is to develop a locally focused audit regime, but one still retaining a high quality of audit of local government spending. The government views the current audit arrangements for local public bodies as inefficient and unnecessarily centralised, which has created a system of weak cost incentives and therefore become too focused on reporting to central government and not local people. The new audit framework will also allow bodies to appoint their own auditors from an open and competitive market. The Bill also gives new responsibilities to the Financial Reporting Council, which will act as the overall regulator for auditors; the National Audit Office, which will set the code of audit practice; and the professional audit bodies will also have a role in regulating and monitoring audits.
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
Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.
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.
It has been over twenty years since the people of Scotland, Wales and Northern Ireland voted for devolution. Over that time, the devolved legislatures have established themselves and matured their approach to governance. At different times and for different reasons, each has put wellbeing at the heart of their approach – codifying their values and goals within wellbeing frameworks. This open access book explores, for the first time, why each set their goal as improving wellbeing and how they balance the core elements of societal wellbeing (economic, social and environmental outcomes). Do the frameworks represent a genuine attempt to think differently about how devolved government can plan and organise public services? And if so, what early indications are there of the impact is this having on people’s lives?
Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian
Covering the impact of austerity, Brexit, the Scottish Independence Referendum and the collapse of the Northern Ireland Executive, this book discusses how wider national developments shape and are shaped by the process of devolution in Scotland, Wales, Northern Ireland and England, assessing its impact on politics, policy and public administration. Drawing together extensive scholarship on devolution, Devolution in the UK compares the similarities and differences between the different devolved nations, and tackles key questions: - Where did devolution come from, and what does its future look like? - What are the most effective devolution systems, and what are their benefits? - Why does Wales have fewer devolved powers than Scotland and Northern Ireland? - What impact will Brexit have? - Why are national identities, symbols, languages, flags and culture so important? Spanning the introduction of devolution in 1988 to the present, this is essential reading if you are studying devolution, one of the country-specific political systems, or interested in UK politics as a whole.
This study represents the first systematic attempt to explore the functioning of the policing and criminal justice system in post-devolution Wales. Its particular relevance is underscored by the revelation that Wales has the highest imprisonment rate in western Europe. Drawing on official data as well as extensive interviews with senior figures, this book represents the first systematic exploration of the operation of the justice system in Wales across the jagged edge of devolved and non-devolved functions. There remains little understanding of how the justice system operates in the anomalous circumstances of post-devolution Wales This book aims to fill this gap in understanding and concludes with an assessment of the proposals of the Commission on Justice in Wales for reform.