17 December 2008
Committee Media Officer: Rebecca Jones
tel: 020 7219 5693
Press Notice No 4
PRE-LEGISLATIVE SCRUTINY OF THE PROPOSED LEGISLATIVE COMPETENCE ORDER IN COUNCIL DEALING WITH CARERS
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).
At its meeting on 16 December the Welsh Affairs Committee decided formally to accept the Secretary of State’s invitation to the Committee to conduct pre-legislative scrutiny of the proposed National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009, dealing with carers. The proposed Order, together with an explanatory memorandum by the Welsh Assembly Government, was published as a Command Paper by the Wales Office on 9 December (Cm 7505) and can be found on the internet at:
The Welsh Affairs Committee invites written submissions on the proposed Order, which should be received by
28 January 2009. If you wish to submit written evidence, please send it to the following address -
or by mail:
Welsh Affairs Committee, House of Commons, 7 Millbank, London SW1P 3JA
Please head your submission “Proposed LCO relating to carers”.
The Committee also expects to hear formal oral evidence in this inquiry, and will announce details of this as soon as the programme has been agreed.
The Committee would particularly welcome comments on the following aspects of the proposed Order -
1. Is the LCO request in the spirit and scope of the devolution settlement?
2. Is the use of the LCO mechanism in accordance with the Government of Wales Act 2006?
3. Is the use of an LCO more appropriate than, for example, the use of framework powers in a Westminster Bill?
4. The extent to which there is a demand for legislation on the matter(s) in question?
5. To what extent might the transfer of functions proposed have wider implications for the UK budget?
6. To what extent might the transfer of functions impact on reserved functions?
7. Are there any cross-border issues relating to the LCO? (Would legislation subsequently be required in England?)
8. 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?
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.
Dr Hywel Francis MP
Chair, Welsh Affairs Select Committee
Notes for editors:
Please contact media officer Becky Jones for more information on 020 7219 5693 / 07917 488549 or email [email protected]
Specific Committee Information: [email protected] tel: 020 7219 6189
Committee Website: www.parliament.uk/parliamentary/welshcom
Committee Membership is as follows: Dr Hywel Francis MP (Chairman), David T. C. Davies MP, Nia Griffith MP, Mrs Siân C. James MP, Mr David Jones MP, Mr Martyn Jones MP, Rt Hon Alun Michael MP, Albert Owen MP, Mr Mark Pritchard MP, Mr Hywel Williams MP, Mark Williams MP
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