Welsh Affairs Committee Press Notice

Session 2006-07

31 July 2007


Press Notice No 11

PROPOSED LEGISLATIVE COMPETENCE ORDER IN COUNCIL:

ADDITIONAL LEARNING NEEDS

The Government of Wales Act 2006 introduced a process enabling the National Assembly for Wales further to enhance its law-making powers by a new procedure known as Legislative Competence Orders in Council (LCO).

The first proposed LCO, introduced by the Welsh Assembly Government and published on 11 June, concerns Additional Learning Needs. The Secretary of State has written to the Chairman inviting the Welsh Affairs Committee to conduct pre-legislative scrutiny of this proposed Order.

The proposed Order, together with an Explanatory Memorandum, is on the National Assembly’s website, www.assemblywales.org/bus-home/buslegislation.htm

The Welsh Affairs Committee invites written submissions on the proposed Order on Additional Learning Needs, which should be received by 1 October. If you wish to submit written evidence, please send it to the following address -

by email: [email protected]

or by mail: Welsh Affairs Select Committee, House of Commons, No 7 Millbank, London SW1P 3JA

Please head your submission “Additional Learning Needs proposed LCO”.

In conducting pre-legislative scrutiny the Committee expects to focus on the proposed Order itself rather than examine the underlying policy issues or possible Measures which could subsequently be introduced under the Order. In particular, the Committee will consider the following aspects of the proposed Order -

1. To what extent might the transfer of functions proposed have wider implications for the UK budget?

2. To what extent might the transfer of functions impact on reserved functions; for example, would the transfer of functions increase regulatory burdens on business?

3. Are there any cross-border issues relating to the LCO? (Would legislation subsequently be required in England?)

4. Would the proposed LCO necessitate the formation or abolition of Welsh institutions and structures? If so, where does the legislative competence to exercise such changes lie?

5. Is the LCO request in the spirit and scope of the devolution settlement?

6. Is the use of the LCO mechanism in accordance with the Government of Wales Act 2006?

7. Is the use of an LCO more appropriate than, for example, the use of framework powers in a Westminster Bill?

8. The extent to which there is a demand for legislation on the matter(s) in question?

Concurrent to the work of the Welsh Affairs Select Committee, a detailed legal examination of the proposed Order will be conducted by the Constitution Committee, House of Lords.

The Welsh Affairs Select Committee will consider the evidence it has received at its next meeting on 9 October, and will then issue a further press notice announcing how it intends to proceed.

Dr Hywel Francis MP

Chair, Welsh Affairs Select Committee


Membership of the Committee: Dr Hywel Francis MP (Chairman), Mr Stephen Crabb MP, Wayne David MP, David T. C. Davies MP, Nia Griffith MP, Mrs Siân C. James MP, Mr David Jones MP, Mr Martyn Jones MP, Albert Owen MP, Hywel Williams MP, Mark Williams MP