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Fifteenth report of Session 2009-10 : Documents considered by the Committee on 17 March 2010, including the following recommendations for debate, EU policies until 2020, report, together with formal Minutes
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.
Incorporating HC 1842-i and ii of session 2008-09
At the start of this Parliament, the Minister for the Cabinet Office indicated the ten-yearly census should be axed and the 2011 census should be the last. But in this report the Public Administration Select Committee urges the government not to scrap the 2021 census. Good figures on the people in the country are of fundamental importance to the statistical system, policy makers and society more widely, and the ten-yearly census gives detailed information on small areas. This report follows the National Statistician's announcement in March 2014 that she recommends that Government keep the Census in 2021, but that it should be conducted largely online, and that the Government should make much greater use of the data which it already holds in order to improve the accuracy of population estimates. The Committee supports the recommendation from the National Statistician, but urges the Office for National Statistics to do much more to make the best use of the data which the Government already collects, for example through the Department for Work and Pensions, HM Revenue and Customs and the Department of Health. The Committee says that the Office for National Statistics' work on the future of the Census has, to date, been limited, and recommends that the Office for National Statistics now sets out a much more ambitious vision for the use of this data to provide rich and valuable population statistics.
Legislative Scrutiny : Crime and Security Bill; Personal Care at Home Bill; Children, Schools and Families Bill, twelfth report of session 2009-10, report, together with formal minutes and written Evidence
The Joint Committee on Human Rights calls for a fundamental, independent review of the necessity for and proportionality of all counter-terrorism measures adopted since September 11 2001. It questions the way that the policy imperatives of national security and public safety have been used to justify squeezing out human rights considerations. Since September 11 2001, the Government has continuously claimed that there is a "public emergency threatening the life of the nation". The Committee questions whether the country has really been in this state for over eight years. A permanent state of emergency skews public debate about the justification for rights-limiting counter-terrorism measures. It is unacceptable that the Director General of the Security Service refuses to appear before it to give public evidence - despite giving public lectures and media interviews. The Committee finds the Government's narrow definition of complicity in torture significant and worrying and calls for an urgent independent inquiry into the allegations of complicity in torture. The Government should drop the draft bill still being held in reserve to allow pre-charge detention to be extended to 42 days. And more work should be done on measures - such as bail and the use of intercept evidence - that could reduce the use of pre-charge detention. The Intelligence and Security Committee should become a proper Parliamentary committee with an independent secretariat and legal advice and appointing an independent reviewer of counter-terror legislation who reports directly to Parliament not the Government.
proposed Legislative Competence Order relating to school Governance : Seventh report of session 2009-10, report, together with formal minutes, oral and written Evidence
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.
proposed Legislative Competence Order relating to Transport : Eighth report of session 2009-10, report, together with formal minutes, oral and written Evidence
Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.