Letter from the Chair to the Secretary
of State for Wales
I am writing in connection with the draft Order
(The National Assembly for Wales (Legislative Competence) (Amendment
of Schedule 7 to the Government of Wales Act 2006) Order 2010)
which was laid on Thursday 21 October. The Welsh Affairs Committee
has agreed that I should write to you seeking clarification and
elaboration on a number of issues relating to the Order which
were not contained in the accompanying Explanatory Memorandum.
(1) The proposed changes to Schedule 7 in relation
to Subjects 5 (education), 9 (health) and 12 (local government)
appear to be substantively narrower than the provisions in corresponding
fields in Schedule 5. Is this the case, and if so, why?
(2) What mechanism the Government envisages there
would be for the National Assembly of Wales to request changes
to Schedule 7, if it came into effect following a "yes"
vote in the March 2011 referendum?
(3) What future role is envisaged by the Government
for the UK Parliament and in particular the Welsh Affairs Committee
in scrutinising proposed amendments to Schedule 7 if it came into
effect following a "yes" vote in the March 2011 referendum?
(4) How does the Government plan to revise the
range of documents which set out the practical framework for managing
devolution between Westminster and Wales? In particular, what
changes are envisaged to the Memorandum of Understanding and the
UK Government's Devolution Guidance notes and will the Welsh Affairs
Committee be invited to comment before hand?
(5) Will the Government define and list the powers
of Ministers of the Crown as they apply to Wales in the light
of the general restriction which would fall under paragraph 1
of Part 2 to the Order?
(6) Finally, the Committee would appreciate a
detailed analysis of how each Subject area in Schedule 7 (as amended)
will differ from the legislative competence of the National Assembly
currently enjoyed under Schedule 5.
Owing to the timetable that has been established
for consideration of this Order, I would be grateful for a response
to the points raised in this letter by Monday 15 November.
1 November 2010