Annual Report and Statement of Accounts of the Assembly Commission: 2007-08

2. New Powers: New Assembly

• The Assembly Commission, Commissioners and the Strategy
• The Siambr
• Assembly Legislation
• Members' Research Service
• Assembly Committees

Assembly Legislation

The Legislation Office is responsible for supporting the passage of legislation through the Assembly.  The Assembly sets up an ad hoc committee to consider each piece of legislation and staff provide clerking services for committees scrutinising Legislative Competence Orders and proposed Assembly Measures as well as supporting the Subordinate Legislation Committee.  They also provide support for the subsequent plenary stages of proposed Assembly Measures and the development of legislative proposals by Members and to the Subordinate Legislation Committee which held 19 meetings and considered 128 statutory instruments during the year.

Our new legislative powers allow us to pass legislation in areas where we have legislative competence. Below is a short explanation of the Assembly’s Legislative powers:

Legislative Competence Orders (LCO)

The Government of Wales Act 2006 requires the National Assembly and both Houses of Parliament to approve draft LCOs (statutory instruments transferring specific legislative competence within devolved areas from Parliament tothe Assembly) before they are recommended to be made by Her Majesty in Council. Once this process is complete and the Assembly has the competence, it can make Assembly Measures.

Assembly Measures

Under the Government of Wales Act 2006 the Assembly is empowered to make its own quasi primary legislation known as Assembly Measures, provided that Parliament has conferred competence on the Assembly allowing it to do so in relation to the relevant matter. Legislative competence in relation to particular matters can be conferred on the Assembly via Acts of Parliament or by Orders in Council (known as Legislative Competence Orders). More details about our legislative procedures can be found here. Seven proposed Legislative Competence Orders (five Government, two Member proposed) and two proposed Assembly Measures (one Government, one Member proposed) were introduced during the year.  Legislative committees established to consider each proposed LCO and Assembly Measure held 49 meetings between May 2007 and 31 March 2008 and produced five reports.

Legislation introduced between May 2007 and 31 March 2008

Legislative Competence Orders

Additional Learning Needs The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008
Government Proposed Legislation
Date Introduced - 11 June 2007   
Current Position -  Received Royal Approval 9 April 2008

Environmental protection and waste management The National Assembly for Wales (Legislative Competence) (No.2) Order 2007)
Government Proposed Legislation
Date Introduced - 19 June 2007   
Current Position - Assembly Committee reported 29 November 2007.  Proposed LCO not yet laid in Parliament for scrutiny

Vulnerable Children The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008
Government Proposed Legislation
Date Introduced - 4 July 2007
Current Postion - Assembly Committee reported 25 January 2008.  Welsh Affairs Committee currently considering a revised LCO.

Domiciliary Care The National Assembly for Wales (Legislative Competence) (No. 4) Order 2008
Government Proposed Legislation
Date Introduced -26 November 2007
Current Position - Assembly Committee reported 14 March 2008. Welsh Affairs Committee reported 5 March 2008.  Awaiting the introduction of the draft Order.

Affordable Housing The National Assembly for Wales (Legislative Competence) (No. 5) Order 2008
Government Proposed Legislation
Date Introduced-3 December 2007
Current Position - Assembly Committee reported 18 April 2008.  Proposed LCO not yet laid in Parliament for scrutiny.

Provision of Mental Health Services The National Assembly for Wales (Legislative Competence) (No. 6) Order 2008
Member Proposed Legislation
Date Introduced - 18 February 2008
Current Position - Assembly Committee considering the proposed LCO. Proposed LCO not yet laid in Parliament for scrutiny.

Domestic Fire Safety The National Assembly for Wales (Legislative Competence) (No. 7) Order 2008
Member Proposed Legislation
Date Introduced - 26 February 2008
Current Position - Assembly Committee considering the proposed LCO. Proposed LCO not yet laid in Parliament for scrutiny.

Proposed Assembly Measures

NHS Redress (Wales) Measure 2008
Government Proposed Legislation
Date Introduced - 2 July 2007
Current Position - Measure passed by the Assembly on 6 May – awaiting Royal approval

Healthy Eating in Schools (Wales) Measure 2008
Member Proposed Legislation
Date Introduced -14 March 2008
Current Position - Awaiting scrutiny by an Assembly Committee

Ballots for Member proposed legislation

From time to time the Presiding Officer holds ballots to determine the name of an Assembly Member who may submit proposals for legislation, either through a Legislative Competence Order or an Assembly Measure.

Since May 2007 the Presiding Officer has held eight ballots - four for proposals for LCOs and four for proposals for Assembly Measures.  Seven of the eight Members were granted permission by the Assembly to introduce legislation to give effect to their ballot proposals and two of those are currently being considered by Assembly Committees.  

Ballot proposals for LCOs

Domestic Fire Safety - Ann Jones AM
Current position - Member granted permission to introduce a proposed LCO on 10 October 2007.  Proposed LCO introduced on 26 February 2008 and currently subject to scrutiny by an Assembly Committee.

Provision of mental health services - Jonathan Morgan AM
Current position - Member granted permission to introduce a proposed LCO on 17 October 2007.  Proposed LCO introduced on 18 February 2008 and currently subject to scrutiny by an Assembly Committee.

Provision for carers - Helen Mary Jones AM
Current position - Member granted permission to introduce a proposed LCO on 20 February 2008.  

Provision of bus and coach services - Huw Lewis AM
Current position - Selected in ballot 20 February 2008.

Ballot proposals for Assembly Measures

Healthy Eating in Schools - Jenny Randerson AM
Current position - Member granted permission to introduce a proposed Assembly Measure on 19 September 2007.  Proposed Measure introduced on 14 March 2008.

School closures (consultation and categories) Mike German AM
Current position - Assembly refused permission to introduce a proposed Assembly Measure on 7 November 2007.

Proposed impact assessments for the selling off of playing fields - Dai Lloyd AM
Current position - Member granted permission to introduce a proposed Assembly Measure on 6 February 2008.

Recycling - Nerys Evans AM
Current position - Selected in ballot 20 February 2008.