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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