Subordinate Legislation Committee

Inquiry into the scrutiny of subordinate legislation and delegated powers

Consultation Response
SLC 10 - Communities and Culture Committee

To what extent do you currently scrutinise statutory instruments?

The Committee has not scrutinised any statutory instruments.

What role do you think your scrutiny Committee should play, if any at all, in scrutinising statutory instruments?

On occasions it may be appropriate for the Committee to scrutinise statutory instruments, for example:

• Statutory instruments that are particularly relevant to matters that fall within its remit

• Statutory instruments brought forward over time that may have a particular bearing upon previous, current, or future inquiries or aspects of the Committee’s work

Whilst the Committee wishes to retain the ability to scrutinise relevant statutory instruments, demands on the Committee’s time to scrutinise policy areas within its remit will realistically mean that time available to scrutinise subordinate legislation and delegated powers will be limited.  The priority of such work would have to be considered in the context of existing priorities.

At what stage would you be interested in scrutinising statutory instruments - in parallel with the Subordinate Legislation Committee i.e. once they are laid or earlier in the consultation when the Government is consulting on the draft?

As a general principle, the Committee would prefer to input into scrutiny of legislation during the formative early stages when the potential to influence is greatest.  However, the Committee would also consider parallel scrutiny of legislation where appropriate.

• The Subordinate Legislation Committee is largely a technical committee, and does not have any specific policy expertise. Would you be willing to inform the Subordinate Legislation Committee of any recommendations or concerns that you may have regarding forthcoming regulations (policy implementation) which you may be aware of through scrutiny of the Minister on specific policy issues or when scrutinising a Bill or as part of a Committee inquiry?

Yes

• Would you wish the Subordinate Legislation Committee to bring to your attention any particular regulations made by Welsh Ministers once they are laid?

Yes

• If so, would you be able to identify those which will be of particular interest to you, for example, if you are aware that some are forthcoming either as a result of powers delegated to Ministers either in Measures or in UK Bills where Ministers can be given significant discretion to implement new policy proposals in Wales via regulations? Alternatively, would you be interested in being informed of all those within your policy remit which are subject to the affirmative procedure?

Yes please - the Committee would like to be informed of regulations relevant to its remit

• Would you find it helpful to receive a forward programme of regulations which were due to be laid over the forthcoming 6 months/year from the Welsh Assembly Government which relate to your policy remit?

Yes - this would help us to improve our forward work planning

• During the course of our evidence gathering, one issue which has been raised is the matter of post legislative scrutiny. Do you have any views on whether or to what extent your Committee undertakes/should undertake post-legislative scrutiny?

The Committee has not undertaken post-legislative scrutiny, but may consider doing so if appropriate.

• The evidence submitted by the Wales Office states that it is "for Parliament to scrutinise Welsh provisions, including framework powers in Bills”. What role do you think your scrutiny Committee should play in scrutinising Bills?

Committees of the National Assembly for Wales should be afforded the opportunity to scrutinise Welsh provisions, including framework powers in Bills where they wish to do so.

• Do you consider draft Bills as well as Bills?

The Committee has not previously considered Bills or draft Bills, but would consider doing so if appropriate.  

The Committee has however, noted the content of Bills such as the Dormant Accounts Bill, which was examined in the process of Ministerial scrutiny and reported in the Committee’s report on the funding of voluntary sector organisations in Wales (recommendation 17 of the report refers).

• Do you consider the UK legislative work programme or the draft programme? Do you have any suggestions as to how the Secretary of State for Wales could improve the discharge of his duty to consult the Assembly on the work programme under section 33 of the Government of Wales Act?

The Committee has not formally considered either programme in the past, however, they are considered by committee secretariat and research colleagues when proposing prioritised topics for the Committee to consider when agreeing its work plan.

• How do you approach the scrutiny of Bills and what information do Welsh Ministers submit to you regarding Welsh provisions in UK Bills?

To date the Committee has not scrutinised Bills, however, we recognise we can make improvements to our work planning procedures to give the Committee formal opportunities to consider UK Bills of relevance.

• Do you have any views on how this or the information accompanying Bills (Explanatory Notes) could be improved?

n/a

• Would you be willing to inform the Subordinate Legislation Committee on a regular basis of any Bills you are intending to scrutinise?

Yes.

• Would you wish to be informed of any reports on Bills which are relevant to your policy remit which the Subordinate Legislation Committee may consider?

Yes.

• Do you have any other views which would be useful for the Committee to take into account, on the effectiveness of liaison between the Welsh Assembly Government and the Wales Office on UK legislation?

No.