Legislation Committee

Y Pwyllgor Deddfau

Bae Caerdydd / Cardiff Bay

Caerdydd / Cardiff

CF99 1NA

Lord Dafydd Elis-Thomas AM

Presiding Officer to the Assembly

Chair of the Committee on Better Governance for Wales White Paper

The National Assembly for Wales

Cardiff Bay

CF99 1NA

26 July 2005

Dear Dafydd

LEGISLATION COMMITTEE'S CONTRIBUTION TO THE WHITE PAPER COMMITTEE

Since I gave oral evidence to your Committee on the 4th July, the Legislation Committee has discussed the matter further. The following points emerged -

1. The work currently carried out by the Committee would still be necessary following the changes, but as most subordinate legislation would be made by Welsh Ministers under a negative procedure, there would inevitably be a change in the way such legislation is approached. In particular the Memorandum of Corrections procedure, that is currently extensively used, would generally cease to be available. Accordingly the Government would need to put in place tighter quality control arrangements in relation to such legislation.

2. An issue will arise as to the procedures to be adopted in relation to new powers to make subordinate legislation. In relation to the "measures" procedure, there would be a need for particular scrutiny of whether any consequential subordinate legislation should be made by Welsh Ministers under a negative procedure or by the Assembly under an affirmative procedure, or indeed whether such matters were appropriate to be dealt with by subordinate legislation.

3. Similarly, there would be a need to scrutinise Westminster Bills granting further powers to Wales (as well as proposed Transfer of Functions Orders) to ensure that the powers were appropriately allocated to Ministers and to the Assembly.

4. Such functions could be given to a strengthened Legislation Committee, as is the case in Scotland.

5. The general view was that an enhanced Legislation Committee should be established, but it was not generally thought necessary that it be enshrined in primary legislation. Indeed, there was considerable frustration, as I explained in my evidence, at the restrictive provisions contained in the Government of Wales Act in relation to functions of the Legislation Committee. The Committee considered that the Assembly should be able to give the Committee such powers and duties as the Assembly thinks appropriate.

6. Members nevertheless expressed support for current arrangements for party balance on the Committee and the appointment of its Chair.

7. The Committee was therefore generally content with proposed removal of provisions regarding the Committee from primary legislation.

8. The Committee will wish to be consulted further on the preparation of procedures and Standing Orders in readiness for 2007.

Yours sincerely

Glyn Davies AM

Chair, Legislation Committee