Select Committee on Procedure Minutes of Evidence


ANNEX

Explanatory Note from the Welsh Office

ROLE OF THE SECRETARY OF STATE FOR WALES AFTER DEVOLUTION

  Powers and responsibilities of the Secretary of State which are not being transferred to the Assembly

  1. The Secretary of State will be a member of the UK Cabinet and will be responsible for ensuring that Cabinet decisions are taken with full regard to the interests of Wales. He will form his own view on matters under discussion but will take account of the Assembly's views in doing so.

  2. The Secretary of State will be responsible for all primary legislation which affects Wales where it is proposed that powers be given to the Assembly, including any Bills which relate only to Wales. In most cases other Cabinet colleagues will be in the policy lead, as now, and the Secretary of State will agree with them the provisions for Wales that need to be included in the Bills and will ensure that Welsh interests are considered during their passage through Parliament. For any clauses that relate only to Wales, the Secretary of State will arrange for instructing Parliamentary Counsel and usually have the conduct of the Assembly provisions in Standing Committee.

  3. The Secretary of State will be responsible for all Parliamentary procedures relating to those subordinate legislative instruments made by the Assembly which continue to be subject to Parliamentary procedure.

  4. The Secretary of State will be responsible for all Welsh matters connected with the Palace.

  5. The Secretary of State will act as lead UK Minister for minority languages.

  Powers, obligations and rights of the Secretary of State under the Government of Wales Act 1998 (the Act)

  6. The most significant of these powers are shown in italic type. Several of the others will be exercised to achieve the initial Transfer of Functions but are not time limited; this means that in the future it will be possible to transfer other functions to the Assembly under the Act.

      ss3(3)(4), 36(5)  The Secretary of State has powers to change the date of elections and referenda after consultation with the Assembly.

      s11  The Secretary of State has powers to make provision for the conduct of elections to the Assembly.

      s12  The Secretary of State may recommend to Her Majesty in Council that she make an Order in Council disqualifying holders of certain offices from becoming Assembly members.

      s15  The Secretary of State must specify the amount of the security to be lodged in judicial proceedings as to disqualification.

      s17  The Secretary of State may limit the salaries of Assembly members who are also members of other public bodies.

      s22  The Secretary of State may with the agreement of the Assembly recommend to Her Majesty in Council that she vary or revoke the Order in Council transferring Ministerial functions to the Assembly.

      s25  The Secretary of State may make specific transfers to the Assembly.

      s31  The Secretary of State has a duty to consult the Assembly about the Government's proposed legislation as soon as is reasonably practical after the beginning of each session of Parliament. This must include participating in proceedings of the Assembly on at least one occasion, but is not confined to that.

      s39  The Secretary of State may provide that the Local Government (Contracts) Act 1997 shall apply to contracts entered into by the Assembly.

      s76  The Secretary of State may attend and participate in any proceedings of the Assembly but may not vote. He has the right to see any documents which are made available to all Assembly members.

      s80-s83, s88  The Secretary of State will give the Assembly its annual budget after deducting the cost of running his own office. He must make a statement of how much he estimates that will be and how it is calculated. He may also make loans to the Assembly from the National Loans Fund. He must prepare annual accounts.

      s90(6)  The Secretary of State may recommend to Her Majesty in Council, after consultation with the Assembly, that she remove the Auditor General for Wales from office on the ground of misbehaviour.

      ss96, 146, 147  The Secretary of State has powers to add to the functions of the Auditor General for Wales in specified circumstances.

      s144  The Secretary of State has powers to make provisions for the accounts, their audit and for reports on the activities of specified bodies.

      ss151, 153  The Secretary of State has powers to make provisions consequential to the Act.

  Note: The term "Secretary of State" in the Act does not necessarily mean the Secretary of State for Wales; in most cases he or she is the likely person to exercise these powers but for a few (e.g., s15, s36(5)), the Home Secretary may be more appropriate.

February 1999


 
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Prepared 28 April 1999