A brave new Wales or how the third National Assembly for Wales will work

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A brave new Wales (or how the third National
Assembly for Wales will work)

• Dr Non Gwilym
• Secretariat, Tomorrows Wales Cymru Yfory

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Government of Wales Act 1998

• Legislative body for Wales with secondary
• legislative powers subject to Referendum
• not Scotland
• an accountable Welsh Office
• 60 members
• Proportional Representation
• Policy development, subordinate legislation
• Structure consensual politics

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Government of Wales Act 2006

• The GOWA 2006
• Effects a formal separation of the executive and
  legislative branches of the Assembly
• Reforms existing electoral arrangements (banning
  dual candidacy)
• Enhances the powers of the National Assembly for
  Wales

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the theory
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Separation

• Creates the National Assembly for Wales and an
  Assembly
• Commission to support the members of the
  Assembly, and the Welsh
• Assembly Government.
• WAG
• Develop and implement policies
• Take decisions
• Exercise functions
• Make subordinate legislation
• NAfW
• Scrutinise Ministers decisions and exercise of
  functions
• Scrutinise and approve Measures
• Scrutinise and approve budget
• Scrutinise subordinate legislation made by
  Ministers
• Others changes no planning decision committee,
  Welsh Consolidated Fund, staffing

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Laws, matters and fields
From May 2007, the National Assembly will have
power to make laws regarding matters where it
has been given the power to do so by the UK
Parliament. They will relate to 20 fields of
Government activity set out in Schedule 5 of the
2006 Act. Agriculture, forestry, fisheries and
food. Ancient monuments and historic
building Culture (including museums, galleries
and libraries) Economic development Education and
training The environment Health and health
services Highways Housing Industry Local
government Social services Sport and
recreation Tourism Town and country
planning Transport Water and flood
defence The Welsh language Fire and Rescue
Services
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Powers legislation

• Legislative Competence Orders
• Assembly Measures as of May 2007
• Public Petitions

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Legislative Competence Orders

• A Legislative Competence Order will grant the
  Assembly with the power
• to modify amend, repeal or extend the
  provisions of an Act of
• Parliament in their application to Wales, or make
  new provisions within
• the scope of the enabling power.
• Schedule 5 can also be amended directly by Acts
  of Parliament made at
• Westminster, usually at the instance of the UK
  Government.
• ie an LCO defines the matters on which the
  Assembly can pass Measures.
• They can also get the powers by getting
  parliament to insert particular matters
• into Schedule 5 via Westminster Acts.

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Procedures for LCOs

• How will it work?
• Proposed by WAG, AMs, Committees and Members of
  the Public.
• Involves WAG, Assembly, Westminster, Secretary of
  State, Whitehall Departments, and you!
• Procedure for such Orders
• Pre-legislation
• WAG / NAW make bid to Secretary of State
• If he/she agrees, Secretary of State lays draft
  before Parliament
• Committees in Lords and Commons consider
  justifications (no time limit)
• 90 minute debate in each Chamber (formality?)
• Submitted to Her Majesty in Council for Royal
  Approval post approval of both NAfW and
  Parliament

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How can I influence the LCO process?

• How can I/we influence?
• Civil society can be involved in any aspect of
  these activities
• Pre-proposal depending on whom is leading the
  discussion by liaising with the relevant Welsh
  Assembly Minister, AM or Committee.
• Pre-legislative, prior to a plenary debate on the
  matter.
• Westminster - also an opportunity to influence
  Westminster MPs and Lords during Westminster
  deliberations on the LCO in question, or by
  lobbying for powers to be included in a
  Westminster Act.
• By proposing your own Order in Council via the
  Public Petition Route

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Assembly Measures

• Once an LCO is passed/if the Assembly has power
  to crease law, the
• Assembly will be able to draft Measures as
  directed by the Order.
• These competencies will be added as Matters to
  Schedule 5 to
• GOWA 2006. Schedule 5 will therefore grow as the
  number of Matters
• increase.
• Such measures will, in effect, enable the
  Assembly to draft and pass
• the equivalent of an Act of Parliament.
• Assembly only no Westminster input.
• By drafting LCOs and Measures unique to Wales the
  Assembly will
• effectively be creating a body of law of its very
  own for the first time since the
• days of Hywel Dda.

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Procedures for Assembly Measures

• How will it work?
• Proposed by WAG, AMs Assembly Members, via a
  private members ballot due to be held from time
  to time, Committees, the Assembly Commission and
  Members of the Public.
• NO Westminster involvement - involves WAG,
  Assembly, and you!
• Procedure for Assembly Measures
• Consideration in ad-hoc Measure committee (can be
  by-passed with the agreement of the Business
  Committee)
• Agreement of the General Principles in plenary
• Detailed consideration by ad-hoc Measure
  committee of the Measure and amendments
• Detailed consideration in plenary of Measure and
  amendments
• Passing of the Measure by plenary
• Submitted to Her Majesty in Council for Royal
  Approval
• ALL Measures must be made bilingually, treated
  equally.

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How can I influence Measures?

• How can I/we influence?
• Civil society can be involved in any aspect of
  these activities
• Influencing Measures can begin early on.
• Pre-legislative stage
• Committee stage, plenary debate
• By proposing your own Order in Council via the
  Public Petition Route

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Public Petitions

• 10 supportive signatures to a petition deemed
  within the Assemblys competencies must be
  considered by the Assembly
• Presiding Officer
• Petitions Committee

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in practicelocating Homelessness and Housing
Policy LegislationScrutiny
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Policy

• Government does policy
• Manifesto pledges
• Coalition pledges

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Legislation

• Welsh Labour programme
• Amended coalition programme?
• Government / AMs ballot / Committee / Petition

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Scrutiny

• Scrutiny Committees
• Subordinate Legislation Committee
• Other Mandatory Committees
• Audit Committee
• Business Committee
• Equality of Opportunity Committee
• Committee on European and External Affairs
• Finance Committee
• Ad-hoc Committees
• Regional Committees

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What to look out for - action

• Election manifestos ideas for LCOs and Measures
  
• What do you want to achieve? Policy commitment?
  Do you have a measure ready to go? Policy review?
  Consolidate current regulation?
• Where does your organisations expertise lie?
• What resource do you have?
• Partnership working
• If UK organisation, consultnow!
• In-house resource and capacity
• Assistance collaborative, partnership,
  outsourcing
• Redefine ideal way of working

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• the opportunities are there
• www.cymru-yfory.org