Subordinate Legislation Committee

Inquiry into the scrutiny of subordinate legislation and delegated powers

Consultation Response
SLC16 - Petitions Committee

Janet Ryder AM
Chair, Subordinate Legislation Committee
National Assembly for Wales
Cardiff Bay
CF99 1NA
22 January 2009

Dear Janet

Inquiry into the scrutiny of subordinate legislation and delegated powers

In response to Dai Lloyd’s letter dated 6 January requesting views on how the Subordinate Legislation Committee can work with other Committees in scrutinising subordinate legislation and UK Bills, please find attached a response on behalf of the Petitions Committee.

Yours sincerely,
Val Lloyd
Chair, Petitions Committee

Annex 1: Scrutiny of Statutory Instruments

To what extent do you currently scrutinise statutory instruments?

The Petitions Committee does not routinely scrutinise statutory instruments, but in the course of our consideration of petitions, we do play a role in eliciting opinions from petitioners, Ministers and other bodies on issues that may include the adequacy or effectiveness of existing regulations.

For example, we have recently looked at the regulations governing student loans in the context of a petition that was asking for more courses to be ruled eligible.  We have also considered changes to the regulations governing the naming of schools.

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

The great advantage of the Petitions Committee is that its work can be more flexible than that of a Scrutiny Committee.  We suggest that we could play a useful role in being able to consider an issue quickly and to canvass opinions by calling for evidence from petitioners or other witnesses on existing or proposed statutory instruments.

At what stage do you / would you be interested in scrutinising statutory instruments

We could be involved at the stage when a statutory instrument is laid but would prefer to be involved earlier in the process when the Government is consulting on a draft SI.

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, including any information we pick up from petitioners.

Would you wish the Subordinate Legislation Committee to bring to your attention any particular regulations made by Welsh Ministers once they are laid? 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, although our remit spans the entire policy spectrum so we would need sight of all regulations.

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?

Very much so.  In fact we would find this more helpful than the previous suggestion.

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?

We cannot predict which issues will be raised by petitioners and in theory could find ourselves questioning any kind of matter that is governed by statutory instruments.

Scrutiny of provisions delegating powers to UK Bills

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?

None (for the case of the Petitions Committee), although information we gather could be used to inform the scrutiny carried out by any Scrutiny Committee.

Do you consider draft Bills as well as Bills?

Not so far, other than to monitor issues relevant to existing petitions (e.g. there are useful principles in the Marine Bill for our short inquiry into a petition calling for access rights to inland water).

Do you consider the UK legislative work programme or the draft programme?

No.

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

Certainly.

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 please.

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?

Greater transparency and clarity of the process.
The Petitions Committee
13 January 2009