Subordinate Legislation Committee

Inquiry into the scrutiny of subordinate legislation and delegated powers

Consultation Response
SLC 18(ii) - Sustainability Committee/ Y Pwyllgor Cynaliadwyedd

To what extent do you currently scrutinise statutory instruments?

The Sustainability Committee has not scrutinised any statutory instruments to date.

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

Where applicable, the Committee recognises a need for scrutiny committees to be involved in scrutinising statutory instruments, both in relation to on-going inquiries and also as a regular part of the committee’s functions. However, the Committee is keen to emphasis that our ability to do so is limited by time constraints and to some extent, a lack of technical knowledge needed to identify the key statutory instruments.

If the Committee is to fulfil this role then we would need to create a means by which SI’s are identified in advance and briefs prepared by the appropriate legal support staff. At the same time we would require greater flexibility in the way in which we work to ensure that SI’s are reviewed in a prompt and timely manner.

If it is your view that there is a role for scrutiny Committees: at what stage do you / 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?

The Committee is of the view that it would be most beneficial to scrutinise the relevant statutory instruments as early as possible in the legislative process to allow us to exert the greatest influence over the process.  

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?

The Sustainability Committee would be happy to do so. Although it is important to recognise the different roles of a scrutiny committee in terms of policy and the Subordinate Legislation Committee in terms of its technical expertise. It is important not to duplicate scrutiny and there is a clear and well-understood differential in the roles of both committees.

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

The Sustainability Committee would be happy for the Subordinate Legislation Committee to bring to our attention any relevant regulations made by Welsh Ministers once they are laid, although would not necessarily then take the scrutiny of these regulations forward .  The Committee would be happy to identify relevant legislation when possible, but due to time constraints and frequency of meetings would not necessarily be content with either proposed option.

There is an important role for scrutiny of UK legislation in relation to the  powers being transferred directly to Welsh Ministers without the equivalent legislative functions being transferred to the National Assembly itself. The Sustainability committee looks forward to the Subordinate Legislation Committee’s report on this matter and looks forward to playing an enhanced role in terms of the scrutiny of legislation in the future.

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?

The Committee would find this helpful, preferably on a 6 monthly basis, as long as there was sufficient information included in the programme to inform decision making.

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 to date, but would be happy to do so. The Committee would require support from the Assembly’s legal advisors in considering where this would be relevant within the Committee’s remit.

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?

The Committee is of the opinion that where relevant we should be able to scrutinise Welsh provisions, including framework powers in Bills. However we do not wish to duplicate the scrutiny function of Welsh MPs sitting in Westminster.

Do you consider draft Bills as well as Bills?

The Committee has considered the Marine, Climate Change and Planning Bill in draft form.

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 previously considered either formally, but does keep a watching brief on draft Bills and Bills relevant to our remit.  The Committee does not have any suggestions on 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, although would like to emphasis the need for as much information as possible to inform our decision making.

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

The timeframe and the precise process followed varies from Bill to Bill. Although, in general, the scrutiny process for Bills is similar to any other inquiry taking written and oral evidence from stakeholders and the relevant minister. The final report is sent to the relevant Minister in Westminster, as opposed to the Welsh Minister. The Committee would be happy to discuss this matter further when it receives the Subordinate legislation Committee’s report in terms of any new processes to improve or deepen the scrutiny of Welsh provisions in UK Bills.

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

The Committee has no comments on the information provided, but we would like to emphasis that it is easier to scrutinise effectively with clear, concise, and relevant information.

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

The Sustainability Committee would be happy to do so.

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?

The Sustainability Committee would appreciate such information.

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?

The Committee welcomes this inquiry, but has no further views at present.