Annual Report and Statement of Accounts of the Assembly Commission: 2007-08
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2. New Powers: New Assembly
Assembly Legislation
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
Government Proposed Legislation
Date Introduced - 4 July 2007
Current Postion - Assembly Committee reported 25 January 2008. Welsh Affairs Committee currently considering a revised LCO.
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.
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.
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.
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 2008Government Proposed Legislation
Date Introduced - 2 July 2007
Current Position - Measure passed by the Assembly on 6 May – awaiting Royal approval
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 AMCurrent 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 AMCurrent 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 AMCurrent position - Member granted permission to introduce a proposed LCO on 20 February 2008.
Provision of bus and coach services - Huw Lewis AMCurrent position - Selected in ballot 20 February 2008.
Ballot proposals for Assembly Measures
Healthy Eating in Schools - Jenny Randerson AMCurrent 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 AMCurrent 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 AMCurrent position - Member granted permission to introduce a proposed Assembly Measure on 6 February 2008.
Recycling - Nerys Evans AMCurrent position - Selected in ballot 20 February 2008.
