Subordinate Legislation Committee

Inquiry into the scrutiny of subordinate legislation and delegated powers

Consultation Response
SLC 11(ii) - Children and Young People Committee

Annex 1

Response to the Subordinate Legislation Committee Inquiry into the Scrutiny of Subordinate Legislation and Delegated Powers

• To what extent do you currently scrutinise statutory instruments?

The Children and Young People Committee (the CYP Committee) was established on 16 October 2007 by Motion agreed in Plenary.

To date, the CYP 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?

The CYP Committee considers that as part of the process of ensuring the primacy of the elected National Assembly, appropriate consideration by the National Assembly of all forms of subordinate legislation and delegated powers, including statutory instruments should be undertaken and given adequate priority and focus.

The CYP Committee considers that on occasions it may be appropriate, necessary, and useful for it to scrutinise statutory instruments. The need for the CYP committee to scrutinise statutory instruments might occur for example in relation to statutory instruments that are particularly relevant to matters that fall within its remit and which affect children and young people in Wales. Also statutory instruments brought forward over time may have a particular bearing upon previous, current, or future inquiries and or aspects of the CYP Committee’s work.

The CYP Committee is also mindful that scrutiny of subordinate legislation and delegated powers may reduce the already limited time available to it to consider other issues impacting upon Children and Young People in Wales.

Consequently, the CYP Committee wishes to retain the ability to consider whether to scrutinise particular statutory instruments, relevant to its remit, on a case by case basis.

• 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 CYP Committee perceives potential advantages in scrutinising legislation in parallel with the Subordinate Legislation Committee, such as enabling collaborative partnerships between Assembly Committees.  However, as a general principle, where the Committee’s other commitments permit it to do so, it would seek to consider legislation at a draft stage, to enable it to  exercise influence upon legislation at a formative stage.

• 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 CYP Committee would be happy to keep the Subordinate Legislation Committee fully informed in the way suggested.

• 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 CYP Committee would be happy for the Subordinate Legislation Committee to bring to its attention any regulations which may have a particular bearing upon Children and Young People in Wales, and the on going work of the CYP Committee.  

However, as previously indicated, the CYP Committee is conscious that it has a finite amount of time available to enable its consideration and reporting on issues affecting children and young people in Wales.

In determining whether to scrutinise regulations the CYP Committee may seek legal advice and specialist policy briefing from its Secretariat, and may  consult external stakeholders who could be affected by the legislation.

• 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 CYP Committee would welcome the suggested approach.

• 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 CYP Committee has not undertaken post-legislative scrutiny, but would consider such a course were it deemed to be appropriate and necessary.

• 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 CYP Committee considers that Committees of the National Assembly for Wales, where they wish and deem appropriate, should be afforded the opportunity to scrutinise Welsh provisions, including framework powers in Bills.  

• Do you consider draft Bills as well as Bills?

The CYP Committee has not previously considered draft Bills, or Bills, but the CYP Committee would consider doing so, on a case by case basis, when appropriate to its remit of considering issues affecting children and young people in Wales.  

The CYP Committee has relayed concerns raised by stakeholders, in relation to the UK Equality Bill, to the Equality of Opportunity Committee in the past.

The CYP Committee considers that- where possible- the scrutiny of draft Bills, as opposed to Bills, has the advantage of potentially affording greater scope to influence legislation.

• 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 CYP Committee has not formally considered either programme in the past.  However, the Committee’s Secretariat monitors the publication and progress of draft Bills and Bills relevant to its remit.

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

As noted above, to date, the CYP Committee has not scrutinised Bills.

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

As noted above, to date the CYP Committee has not scrutinised Bills, but nevertheless the CYP Committee recommends that all information accompany bills should be produced in as clear, simple and transparent a means as possible.

The Committee considers that  plain, clear, unambiguous language should be used to ensure clarity and certainty. Where possible vague, technical and complex language and unnecessary repetition should be avoided and the general content should be informative, useful, and understandable to the reader.

The accompanying information should clearly and concisely provide a summary and background on the substance and purpose of the legislation, provide an overview of the structure of the Bill, and details on each clause, and if necessary include relevant supplemental information.

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

Yes. The CYP Committee would be happy to keep the Subordinate Legislation Committee fully informed in the way suggested.

• 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.  The CYP Committee would welcome 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?

Not at the present time.