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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
Government response to HC 36, session 2009-10 (ISBN 9780215543158)
Pre-legislative scrutiny of the proposed National Assembly for Wales (Legislative Competence) (Local Government) Order 2009
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 proposed Order would give the National Assembly power to legislate to promote the well-being of carers in Wales. At present the Welsh Assembly Government has the power to issue statutory and practice guidance to local authorities and the NHS, but it does not have the power to legislate specifically in relation to carers, of which there is a higher proportion in Wales than in England. The proposed Order would enable the Welsh Assembly Government to bring forward a measure to compel bodies to work together to proved appropriate information and services to carers. The Committee concludes that the purpose of the proposed legislation is clear and consistent with previously announced policy and existing powers in the field of social welfare.
Incorporating HC 1110, session 2008-09
Response to HC 348 (ISBN 9780215539762)
Government response to HCP 186, session 2009-10 (ISBN 9780215543783)
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
Government response to HC 40, session 2009-10 (ISBN 9780215542427)