The National Assembly for Wales’ Presiding Officer, Dame Rosemary Butler AM, will call for the new Wales Bill to provide clarity for the people of Wales.
She will set out the characteristics of the “reserved powers” model that she wants to see implemented when she gives evidence to the Assembly’s Constitutional and Legislative Affairs Committee (CLAC) today (29 June).
A “reserved powers” model is similar to the current settlement in Scotland where it would set out what the Assembly can’t legislate on (powers reserved to Westminster) rather than what it can make laws on (as per the current settlement).
Dame Rosemary is expected to tell the CLAC that although she supports a “reserved powers” model in principle, it is important that it is designed to provide a more transparent and understandable settlement, to enable the people of Wales to understand who makes the laws by which they live.
“As I stated in evidence to the Political and Constitutional Reform Committee[2] and to the Silk Commission, the current conferred powers model of legislative competence is unsatisfactory,” the Presiding Officer will say.
“I have long advocated the move to a ‘reserved powers’ settlement and so welcome the commitment in the St David’s Day announcement to do so.
“That said, a shift to a reserved powers model is not a panacea in itself. My support for any proposal that the UK Government brings forward will be conditional on it meeting three key criteria: Clarity; Workability; and No roll-back on the current competence of the Assembly.
“The fundamental organising principle for the devolved settlements should be subsidiarity – the centre should reserve to itself only what cannot be effectively done at a devolved national level.
“Such a principles-based approach to designing a ‘reserved powers’ model could provide a stable and sustainable basis for the settlement.”
In her evidence the Presiding Officer will add that she believes so-called “silent subjects” – those topics neither specifically listed in the Government of Wales Act 2006 as areas over which the Assembly has competence, or exceptions from competence – should not automatically become reservations in the new Wales Act.
“Of course there are topics within these ‘silent subjects’ which should properly be reserved to the UK Government, such as the constitution or defence, and it would be unrealistic to stand against the reservation of such topics,” Dame Rosemary will say.
“However, if other ‘silent subjects’, such as employment law, or – crucially - civil and criminal law, are reserved without strong caveats, this would represent a significant roll-back from competence as interpreted by the Supreme Court in the case of the Agricultural Sector Bill.”
You will be able to watch the session of the Constitutional and Legislative Affairs Committee live on Senedd TV from 14.30.
She will set out the characteristics of the “reserved powers” model that she wants to see implemented when she gives evidence to the Assembly’s Constitutional and Legislative Affairs Committee (CLAC) today (29 June).
A “reserved powers” model is similar to the current settlement in Scotland where it would set out what the Assembly can’t legislate on (powers reserved to Westminster) rather than what it can make laws on (as per the current settlement).
Dame Rosemary is expected to tell the CLAC that although she supports a “reserved powers” model in principle, it is important that it is designed to provide a more transparent and understandable settlement, to enable the people of Wales to understand who makes the laws by which they live.
“As I stated in evidence to the Political and Constitutional Reform Committee[2] and to the Silk Commission, the current conferred powers model of legislative competence is unsatisfactory,” the Presiding Officer will say.
“I have long advocated the move to a ‘reserved powers’ settlement and so welcome the commitment in the St David’s Day announcement to do so.
“That said, a shift to a reserved powers model is not a panacea in itself. My support for any proposal that the UK Government brings forward will be conditional on it meeting three key criteria: Clarity; Workability; and No roll-back on the current competence of the Assembly.
“The fundamental organising principle for the devolved settlements should be subsidiarity – the centre should reserve to itself only what cannot be effectively done at a devolved national level.
“Such a principles-based approach to designing a ‘reserved powers’ model could provide a stable and sustainable basis for the settlement.”
In her evidence the Presiding Officer will add that she believes so-called “silent subjects” – those topics neither specifically listed in the Government of Wales Act 2006 as areas over which the Assembly has competence, or exceptions from competence – should not automatically become reservations in the new Wales Act.
“Of course there are topics within these ‘silent subjects’ which should properly be reserved to the UK Government, such as the constitution or defence, and it would be unrealistic to stand against the reservation of such topics,” Dame Rosemary will say.
“However, if other ‘silent subjects’, such as employment law, or – crucially - civil and criminal law, are reserved without strong caveats, this would represent a significant roll-back from competence as interpreted by the Supreme Court in the case of the Agricultural Sector Bill.”
You will be able to watch the session of the Constitutional and Legislative Affairs Committee live on Senedd TV from 14.30.