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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
Pre-legislative scrutiny of the proposed National Assembly for Wales (Legislative Competence) (Transport) Order 2010
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.
Incorporating HC 1110, session 2008-09
proposed Legislative Competence Order relating to school Governance : Seventh report of session 2009-10, report, together with formal minutes, oral and written Evidence
Additional written evidence is contained in Vol. 2, available on the Committee website at www.parliament.uk/welshcom
proposed Legislative Competence Order relating to Transport : Eighth report of session 2009-10, report, together with formal minutes, oral and written Evidence
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.
Work of the Committee 2008-09 : Third report of session 2009-10, report, together with formal Minutes

Devolution

Great Britain: Parliament: House of Commons: Justice Committee

Published: 2009-05-24

Total Pages: 106


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Devolution was a major component of the Government's package of proposed constitutional reform for the United Kingdom post 1997. Devolution has fundamentally transformed politics within the devolved territories, but it has also had a significant impact on the make-up and the constitution of the United Kingdom. Fundamental changes in the way Scotland, Wales and Northern Ireland are governed have not been followed by major changes in the way England is governed. Matters which are the responsibility of devolved Parliaments in the rest of the UK are, in England, determined by the United Kingdom Government and Parliament. This report identifies several changes required to improve the current infrastructure and the procedures and practices of governance in the UK after devolution, in order to facilitate the effective and efficient functioning of the asymmetric system of devolution. Whitehall was not ready for devolution. Departmental responsibility for overseeing the working of the UK's system of government has been divided and unsettled, and the report recommends that a lead department responsible for devolution strategy be identified. The second half of the report identifies two significant constitutional and political issues which have been brought into sharp focus since the onset of devolution in 1999: first, the fact that England remains highly centralised under the authority of the UK Government and Parliament, resulting in the "English Question", a phrase which encapsulates a range of different questions in relation to the governance of England, and, secondly, the increasing concern about the efficacy and application of the Barnett Formula as the means for the allocation of increases and decreases in public funds.