BGW2 EV13 (revised)

The Presiding Officer
National Assembly for Wales
Cardiff Bay
CF99 1NATuesday 11 July 2005Dear Lord Elis-Thomas,

Committee on the Better Governance for Wales White Paper

On behalf of Wales Council for Voluntary Action (WCVA), I would like to thank you for last week’s opportunity to present evidence regarding the Voluntary Sector Scheme to the Committee on the Better Governance for Wales White Paper.In light of the questions and comments raised by the Committee, WCVA has given further consideration to this matter. Consequently, I would like to submit an amended version of our evidence, which contains our recommendations for the future arrangements for the voluntary sector’s relationship with the legislature and Assembly Government (paragraph 8).We ask that the Committee take these issues into account in its deliberations.Yours sincerely,Phil JarroldDeputy chief executive

Wales Council for Voluntary Action

Amended evidence to Assembly White Paper Committee, July 2005

The Better Governance for Wales White Paper describes the way forward for a formal separation between the Assembly and the Welsh Assembly Government to avoid confusion and improve effective scrutiny. As a result, duties laid on the Assembly as a corporate whole by the Government of Wales Act would be discharged in future by Ministers. One such duty of the Assembly is the requirement to make a scheme setting out how it proposes, in the exercise of its functions, to promote the interests of relevant voluntary organisations. This has led to the National Assembly for Wales Voluntary Sector Scheme ("the Scheme"). Through the Scheme, the Assembly maintains:

• A policy on working in partnership with the voluntary sector;
• arrangements for consulting the voluntary sector;
• a policy on volunteering;
• a policy on community development; and,
• a Code of Practice for funding the voluntary sector which is published as a separate document

The Scheme provides the following formal means of dialogue with the voluntary sector:

• The Voluntary Sector Partnership Council (VSPC), chaired by the Minister with responsibility for the voluntary sector, and whose membership comprises voluntary sector members whose appointment is facilitated by WCVA; and Assembly members, reflecting party balance, appointed by the Assembly;
• six-monthly meetings between Ministers and relevant voluntary sector networks, reports of which should be provided to the appropriate Assembly subject committees

The current arrangements have a number of distinctive benefits that it is hoped can be maintained, namely:

• The ownership of the Scheme by the full Assembly - through its adoption, plenary debate on the Scheme’s annual report, and review following each election;
• the membership of the VSPC - bringing together the Assembly Government, Assembly Members (all parties), and representatives of the voluntary sector;
• the respect for the sector’s independence, and its right to determine the membership of the VSPC and representation at Ministerial meetings and other partnerships and joint working groups;
• the role of subject committees in receiving, and debating if they so wish, reports of the ministerial meetings;
• the commitment of the Assembly Government, and its willingness to act positively on issues raised by the VSPC (for example, to address sector’s needs with regard to criminal records checks);
• the role of the VSPC in scrutinising Assembly Government compliance with the Scheme.

The VSPC has strengthened its scrutiny role by the creation of the Funding and Compliance sub-committee. This reflects recommendations by the Independent Commission that reviewed the Scheme after the 2003 elections, which highlighted the need for more robust monitoring of the consistent application of the Scheme across all parts of the Assembly Government and its public bodies. The sub committee has created a mechanism to monitor compliance with the Scheme by the Assembly Government, ASPBs or third party grant schemes, and to investigate cases of non-compliance. The involvement of both AMs and the sector’s representatives demonstrates the committee’s independence in undertaking its duties.These benefits have contributed to the practical demonstration of an inclusive Assembly, and have demonstrated cross-party support for and interest in the work of the sector. In order to maintain and build on these benefits, it is proposed that the changes to the Government of Wales Act include the following:

• Voluntary Sector Scheme

The current duty of the Assembly to make and maintain the Voluntary Sector Scheme should become a duty of the Welsh Assembly Government. The responsible Minister should have a duty to consult the voluntary sector, including through the Voluntary Sector Partnership Council, before making, remaking or revising the Scheme; and to seek the advice of the Voluntary Sector Partnership Council on the development, implementation and review of the Scheme. The scope of the Scheme, arrangements for review and for an annual report for consideration by the legislature should remain as specified in clause 114 (4) of the Government of Wales Act, with the addition of the requirement for each minister to meet twice a year with the relevant voluntary sector networks.

• Voluntary Sector Partnership Council

The Voluntary Sector Partnership Council (VSPC) should be explicitly identified. The VSPC should be established by the legislature. Its membership and arrangement for appointing members should reflect the current arrangements - i.e it should be chaired by the responsible minister, the legislature should appoint Assembly Members reflecting party balance, and WCVA should facilitate the selection of voluntary sector members. The VSPC would provide a forum for discussion between the Assembly Government, the legislature and the voluntary sector; it would advise the Assembly Government on the development, implementation and review of the Voluntary Sector Scheme; and provide a mechanism for scrutinising compliance with the Voluntary Sector Scheme.

• Assembly subject and other committees

Provision should be made for Assembly Committees, with advice from the VSPC, to co-opt or invite to meetings representatives of relevant voluntary organisations able to provide expertise and advice to assist with their scrutiny and legislative functions. The Committee is asked to take these issues into account in its examination of the White Paper, and consider the recommendations in paragraph (8) above. WCVA, 12 July 2005