Report on proposed Domiciliary Care LCO published

Published 14/03/2008   |   Last Updated 14/07/2014

Report on proposed Domiciliary Care LCO published

The Assembly’s Proposed Domiciliary Care Legislative Competence Order (LCO) Committee has today published its report on the Welsh Assembly Government’s proposed National Assembly for Wales (Legislative Competence) (No.4) Order 2008 relating to charging for non-residential social care.

The Committee was established in December 2007 to consider and report on the proposed Order. It consulted widely across the field of social care to inform its work. In addition, the Committee took oral evidence from the Deputy Minister for Social Services, Welsh Local Government Association, Association for Directors of Social Services, Coalition on Charging Cymru and Wales Carers Alliance. The Committee also held a joint meeting with the Welsh Affairs Select Committee of the House of Commons, to take evidence from the Deputy Minister for Social Services.

In its report the Committee agrees, in principle, that the Government of Wales Act 2006 should be amended to give the Assembly new powers to make its own laws, known as Assembly Measures, in the area of charging for non-residential social care. It goes on to make a number of recommendations to the Deputy Minister. The Committee recommends a number of drafting changes to the proposed Order and accompanying Explanatory Memorandum aimed at ensuring clarity and consistency.

Joyce Watson AM, Chair of the Committee, said:  “The charging for non-residential social care is an important and often highly emotive area and the Committee is strongly of the view that the Assembly should have the powers to make law in this area. The Committee consulted widely and listened carefully to the views of stakeholders during the scrutiny process. As a Committee we also had the privilege of holding a joint evidence session with the Welsh Affairs Select Committee of the House of Commons. I would urge the Welsh Assembly Government to give due consideration to our report and recommendations, and also that of the Welsh Affairs Select Committee before finalising the draft Order.”

Note for editors

  • If agreed by the Assembly and Parliament, the National Assembly for Wales (Legislative Competence) (No.4) Order 2008 will provide the Assembly with the power to make its own laws, known as Measures, in the field of social welfare.

  • In accordance with Standing Order 22, the Welsh Assembly Government may introduce a draft Order.  Not later than 40 days after a draft Order has introduced, the Assembly must consider a motion in plenary on whether to approve the draft Order.