Legislation Committee No. 3
Consultation - Permanent Legislation Committee 3 - The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 relating to Carers
On the 8 December 2008, the Deputy Minister for Social Services laid before the Assembly the proposed National Assembly for Wales (Legislative Competence)(Social Welfare) Order 2009 ('the proposed Order’) and Explanatory Memorandum, in accordance with Standing Order 22.13 and 22.14.
The proposed Order was subsequently referred to Permanent Legislation Committee 3 for detailed consideration. At its meeting held on 14 January 2009 the Committee agreed the following terms of reference-
To consider:
the general principles of the proposed Order and whether legislative competence in the area identified in 'Matter 15.9’ should be conferred on the Assembly; and
the terms of the proposed Order, and in particular whether they are too broadly or too narrowly defined.
The Committee’s primary purpose is to consider whether the Assembly should have the power, in principle, to legislate by Measure in the area identified in the proposed Order, i.e. supporting the provision of care by carers and promoting the well-being of carers. However, it is not within the remit of the Committee to consider the specific way in which that power, if conferred, should be exercised. As such, the Committee will avoid engaging in detailed discussions on proposed future Measures, reviewing existing policies in this area or replicating work already undertaken by former subject committees.
A copy of the proposed Order and its accompanying Explanatory Memorandum are enclosed at Annex 1. An electronic version of these documents along with information on the legislative process and details of the Committee can be found at http://www.assemblywales.org/bus-home/bus-legislation.htmhttp://www.assemblywales.org/bus-home/bus-legislation.htm
I am writing to invite you to submit evidence to the Committee to help inform its work. In preparing your submission it would be helpful if you could address the following:
1. What are your views on the general principle that legislative competence in the area identified in Matter 15.9 be conferred on the Assembly?
2. What are your views on the terms of the proposed Order e.g. are they too narrowly or broadly drawn?
3. Is the definition of carer in the proposed Order appropriate? If not, how should the proposed Order be re-drafted and why?
4. Do you consider that the excepted Matters, relating to field 15, would have implications for the effectiveness of any future proposed Measures brought forward under Matter 15.9? If so, please explain why.
(Please Note: The excepted Matters are referred to under the heading 'Social Welfare (field 15 of Part 1) on page 3 of the proposed Order. The Assembly has no power to legislate in relation to excepted Matters).
If you wish to submit evidence please send an electronic copy of your submission to legislationoffice@wales.gsi.gov.uk and entitle the e-mail Consultation Carers LCO. If you would prefer to send your submission in hard copy, please send it to Ruth Hatton, Deputy Committee Clerk, Legislation Office, National Assembly for Wales, Cardiff Bay CF99 1NA.
The closing date for submissions is Friday 13 February. It will not be possible to take into account responses received after this date. However, I would ask that submissions be forwarded as earlier in advance of this deadline as conveniently possible, in order to enable the Committee to progress its scrutiny of the proposed Order.
When preparing your submission please keep the following in mind:
Your response should be as succinct as possible. Please reference your response using the title applied above.
The National Assembly normally makes responses to public consultation available for public scrutiny and they may also be seen and discussed at Committee meetings. If you do not want your response or name published it is important that you specify this at the end of your submission.
Please indicate whether you are responding on behalf of an organisation, or as an individual.
Please indicate whether or not you would be prepared to give oral evidence to the Committee.
If you have any queries please contact the Clerk, Fay Bowen (tel: 029 2089 8041) or Ruth Hatton, the Deputy Clerk (tel 029 2089 8019).
