THE GENERAL POWER
30. Rather than setting out a precise catalogue of
functions, the draft Bill proposes giving elected regional assemblies
a wide-ranging general power. They would be able to take action
likely to further any of the general purposes of assemblies, including
a) spending money, acquiring or disposing
of property, forming companies,
b) working with other bodies in a wide variety
of ways,
c) providing benefits 'in kind' (such as staff,
goods and accommodation), giving advice or making proposals or
representations, or anything else an assembly considers appropriate.[38]
31. When powers are defined in an open-ended way,
there may be scope for interpreting them beyond the spirit of
the legislation, and encroaching on the functions of other public
bodies. Government has recognised this possibility both in a number
of limitations on assemblies general powers specified in the draft
assemblies Bill, and in a commitment to introducing further restrictions
to prevent elected regional assemblies from providing education,
health services, social services, children's services or social
security schemes.
32. Much of the evidence suggested that general powers
needed to be tied down with some more specific statements of assembly
functions. Such statements would introduce clarity, but might
also fire the imagination of both the general public and of potential
candidates to the assemblies: Among the 'concrete' functions witnesses
referred to were skills, public health, culture and, in particular
and repeatedly, transport, echoing, in part, the recommendation
of an earlier report by this Committee[39]:
Where elected regional assemblies are introduced they should have
direct responsibility for at least business development, learning
and skills, neighbourhood renewal and transport policies and funding.
33. With the general powers proposed in the draft
Bill there would have been little chance of persuading the electorate
or potential assembly members that the elected regional assemblies
would be worth establishing. The assemblies must have specific
powers and responsibilities not only to convince the electorate
that they are worth voting in favour of but also to persuade serious
politicians at local and national level, that they are worth getting
involved in.
34. Regional assemblies would need to have a clearly
defined set of functions and the resources to perform them effectively.
In light of this evidence we are not convinced that a simple statement
of open-ended powers is the most appropriate way forward, and
recommend that the general power be supplemented by a clearer
definition of a core set of specific functions that elected regional
assemblies would perform.
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