Fears of a ‘hidden agenda’ could call proposed Measure into question, according to Assembly committee

The Cross-Party Constitutional Affairs Committee found that, while submission of the late amendments to the proposed Local Government (Wales) Measure met the Assembly’s procedural requirements, they were not deemed as the ‘wisest course’ of action and gave little time for proper consultation and scrutiny.

The report also states there was inadequate explanation of why the added powers were being sought and how they would work in practice.

The Welsh Government tabled amendments which could allow the merging of local authorities in Wales under certain circumstances.

Chair of the Committee, Janet Ryder AM, said: “The way these amendments were introduced, after the initial stage one report from the National Assembly’s legislative committee, is a matter of great concern.

“They were submitted without prior consideration by the Assembly, without consultation by outside organisations and nor were they suggested by anyone who gave evidence.

“This leaves the motive of the Welsh Government open to suspicion and the process of legislation in Wales in doubt.

“Despite assurances from the Minister that it is not his intention, these amendments would allow any future Minister to redraw the local government map of Wales if they wished.

“It also raises too many questions about how they will work in practice, at what cost and why alternative, less radical approaches could not achieve similar results.

“We want there to be no doubt whatsoever that this is a precedent that future governments should be firmly deterred from using, except in extreme cases.”

Among the recommendations contained within the report are:

• that the Welsh Government considers the Cabinet Office guidance “Guide to Making Legislation” and draws up and publishes as a matter of urgency its own guidance on these matters, including its procedural advice to Departments on the introduction of amendments after initial introduction of a Measure.

• that the Government should consider whether replacing the new provisions with ones that would provide them instead with a power to compel collaboration, would not be a better way of meeting their overall objective of service improvement.

• that the National Assembly’s Business Committee considers whether there is a need for clearer guidance to Members on whether amendments fall within the scope of a Measure and within the general principles agreed at Stage 1.