Ymgyrch Senedd i Gymru / Parliament for Wales Campaign

BGW2 EV15A

Better Governance for Wales

The legislative process

There should be three types of Bills.

1. Executive Bills, those produced by the Welsh Assembly Government in order to maintain its policy agenda or to implement European law.
2. Committee Bills, those produced by the Parliamentary Committees in order to implement its own findings on various scrutinises or reports.
3. Private Members Bills, those produced by non office holding members or 'back bencher’ members of the Assembly. The Campaign believes that the production of 'back bencher’ legislation or rather the lack of it has been a disappointment to many individuals and voluntary organisations.

Bills could normally go along the following procedures.

• Pre-legislative phase - wide spread consultation with interested parties and with the public advertised about the bill.
• Legislative phase one - the Welsh Civil Service checks to ensure that the proposed Bill does not conflict with reserved powers. There is consultation with the Secretary of State for Wales over the provisions.
• Legislative phase two - if the Bill passes faze one then it goes before a National Assembly for a plenary debate on the general provisions of the Bill.
• Legislative phase three - the relevant Committee now discusses the Bill line by line. Evidence is taken and the Committee may make amendments or additions to the Bill. If this were a Private Members Bill then it would include that member.
• Legislative phase four - the committee now presents the Bill to the whole Assembly for further scrutiny. Votes are taken on the whole Bill and /or further amendments.
• Legislative phase five - the Bill now goes before the National Assembly’s law officers. They vet the Bill to ensure that there is no conflict with reserved powers. The Secretary of State for Wales and the relevant Whitehall & Westminster legal departments further vet the Bill. The Bill is now passed to MPs for approval.

If the is a dispute that cannot be resolved then the matter can be resolved by the Judicial Committee of the Privy Council. If after a set period (four weeks) the Bill were cleared by legal officers & the the Houses of Commons & lords the Presiding Officer would present it for Royal Assent. It would then become an Act of the National Assembly for Wales.

Dr.Russell Deacon

Chair, PFW Campaign