Welsh Affairs Committee Press Notice
PROPOSED LEGISLATIVE COMPETENCE ORDER IN
COUNCIL: ADDITIONAL LEARNING NEEDS
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).
The first proposed LCO, introduced by the Welsh
Assembly Government and published on 11 June, concerns Additional
Learning Needs. The Secretary of State has written to the Chairman
inviting the Welsh Affairs Committee to conduct pre-legislative
scrutiny of this proposed Order.
The proposed Order, together with an Explanatory
Memorandum, is on the National Assembly's website, www.assemblywales.org/bus-home/buslegislation.htm
The Welsh Affairs Committee invites written
submissions on the proposed Order on Additional Learning Needs,
which should be received by 1 October. If you wish to submit written
evidence, please send it to the following address:
by email:
welshcom@parliament.uk
or by mail:
Welsh Affairs Select Committee, House of Commons,
No 7 Millbank, London SW1P 3JA.
Please head your submission "Additional
Learning Needs proposed LCO".
In conducting pre-legislative scrutiny the Committee
expects to focus on the proposed Order itself rather than examine
the underlying policy issues or possible Measures which could
subsequently be introduced under the Order. In particular, the
Committee will consider the following aspects of the proposed
Order:
1. To what extent might the transfer of functions
proposed have wider implications for the UK budget?
2. To what extent might the transfer of functions
impact on reserved functions; for example, would the transfer
of functions increase regulatory burdens on business?
3. Are there any cross-border issues relating
to the LCO? (Would legislation subsequently be required in England?)
4. 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?
5. Is the LCO request in the spirit and scope
of the devolution settlement?
6. Is the use of the LCO mechanism in accordance
with the Government of Wales Act 2006?
7. Is the use of an LCO more appropriate
than, for example, the use of framework powers in a Westminster
Bill?
8. The extent to which there is a demand
for legislation on the matter(s) in question?
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.
The Welsh Affairs Select Committee will consider
the evidence it has received at its next meeting on 9 October,
and will then issue a further press notice announcing how it intends
to proceed.
Dr Hywel Francis MP
Chair, Welsh Affairs Select Committee
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