Subordinate Legislation Committee
Inquiry into the scrutiny of subordinate legislation and delegated powers
Consultation Response
SLC14(ii) - Equality of Opportunity 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 Equality of Opportunity Committee was established in the 3rd Assembly on 26 June 2007. To date, the 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 Equality of Opportunity Committee is a Standing Committee and it should look at statutory instruments from an equality issues perspective.
The Committee considers that appropriate consideration of all forms of subordinate legislation and delegated powers, including statutory instruments, is a fundamental part of the role of the National Assembly for Wales (NAfW), and that time should be given for this to happen when appropriate.
There may be occasions when the relevant Standing/Scrutiny Committee is the most appropriate place for the scrutiny of subordinate legislation and delegated powers, including statutory instruments.
The extent to which equality of opportunities issues are mainstreamed within current legislation is a concern, and the Equality of Opportunity Committee would welcome an opportunity to scrutinise legislation. The Committee recognises that this would have implications for the number of inquiries into policy issues it could hold.
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?
Scrutinising early in the consultation has the advantage of possibly making it easier to influence the shape of the statutory instruments, but has the disadvantage that if the Committee considers the consultation itself to be flawed, it would be more difficult to subsequently raise concerns.
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 Equality of Opportunity Committee would be happy to do so.
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 Committee would be happy for the Subordinate Legislation Committee to bring to our attention any regulations which may have a particular bearing upon Equality of Opportunity issues. As previously mentioned, if consideration of regulations were to become a priority for the Committee this might have implications for the number of inquiries into policy issues it could hold.
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?
Yes.
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 have not undertaken post-legislative scrutiny, but where relevant would see this as a role of the Committee.
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?
At this stage the Committee is primarily concerned with focusing its efforts on areas where powers already exist rather than looking at areas where the powers are not devolved to the NAfW.
Do you consider draft Bills as well as Bills?
The Committee has not previously considered draft Bills, or Bills, but would consider doing so, on a case by case basis, when appropriate to its remit of considering issues affecting equality of opportunity in Wales.
The Committee plans to consider the Equality Bill when published.
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 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 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 Committee has not scrutinised Bills, but as a general principle would recommend that all information provided by Welsh Ministers should be produced in as clear and transparent a means as possible.
Would you be willing to inform the Subordinate Legislation Committee on a regular basis of any Bills you are intending to scrutinise?
Yes.
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 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.
