The Presiding Officer's speech at the Future Governance of Wales Conference

Welcome to this significant  day,  where we have the opportunity for us as politicians,  and representatives of civil society to meet and learn about the potential of the new powers of legislation and scrutiny for the National Assembly. For the first time, the principles of open-ness and transparency in the creation of law-making and scrutiny for Wales, will apply in the way the National Assembly conducts itself.   This Act has removed the legal fiction of the incorporation of parliamentary government into one body and created the diversity and separation of powers necessary to a transparent and effective democracy.    First  amongst the principles underlying the new Assembly. is the full accountability of Ministers in Government to the Assembly and to the Welsh public administratively financially and legislatively. New conventions and procedures wil need to be created to achieve this. The most clearly laid down provisions are the financial ones in Part 5 of the Act, including the fundamental principle that Ministers must request Assembly authorisation to use resources. The Welsh Government will be able to draw down funds out of the Welsh Consolidated Fund from the Wales Office Block Grant only with the approval of the Auditor General for Wales. So full and proper ‘Budget’ debates and Supply debates and Money resolution debates may become the order of the day when Government business is debated.  Other non-financial conventions will become established as Welsh Government Ministers wil be tested, as in all Legislatures, by Motions of Censure and No Confidence. The second major principle is that the National Assembly is able to pass its own laws. The Government of Wales Act’s creation of the Orders in Council process which lead to ‘Measures’ – the equivalent of primary legislation – is the most significant part of the Act. Already we have had the Government announce 6 draft legislative orders, and three measures. Last week I also announced that the first ballot for individual members will take place next Tuesday, the 26^th of June. This gives the opportunity for Assembly members to present their own legislative orders or measures, and gives anyone the ability for draft legislation to be presented through individual Assembly members. I encourage those of you who wish to present fresh legislation to do so.  I anticipate that we would hold regular ballots throughout each year of the Assembly, for legislative orders and measures, and I estimate that we will be doing so at least once every two months, therefore generating  up to 12 different pieces of legislation.  In addition, the Assembly’s committees will also be entitled to put forward its own proposals for legislation. Indeed the first Government piece of legislation, on special needs, came originally from a scrutiny committee report on the subject earlier this year.     The quality and effectiveness of such a body of law will depend on pre-legislative scrutiny of any legislative proposals, together with a post-legislative check on implementation and outcomes through measuring compliance and consequences. It will also depend on clarity of drafting and provision of full public information of what powers will be enacted. A fundamental part of the changes of the National Assembly is its role in scrutinising Government and holding it to account. The new committees will not include Ministers amongst its members; their agendas will not be subject to Ministers’ reports and they will have a proper role – similar to select committees – in examining the real impact of services in context and on the ground.    I hope that best audit philosophy and practice will imbue their work and the Wales Audit Office will be an important resource for each of our committees. Incredibly for this Assembly, in the past, we have not had that cornerstone of scrutiny, a Finance Committee, to consider Government’s spending plans and delivery.   This will be one of a number of committees that will be charged with scrutiny. Whilst we are still in discussion with regards to the structure of the committees, it is likely that we will have 4 main scrutiny committees -  Enterprise and Learning ; Health, Wellbeing and Local Government ; Sustainability, including climate change, energy, rural affairs and agriculture, environment, planning, and Communities, including Housing, Social Inclusion, Culture, Arts and Sport. The standing committees will be strengthened with outside independent advice, but I draw your attention to a major innovation that I hope will give us the chance to develop a direct citizen’s dealings with the Assembly - and that is the new Petition system. We are inviting your views about how the Petition system can be used, with your ideas for what you think the Assembly should be doing.    You only need ten names on a petition – and it can be signed by people of any age and from any place – and I as Presiding Officer have the responsibility of deciding on the admissibility of petitions and then ensuring it is acted upon through the Petitions Committee. This Committee will direct it either to the appropriate committee, or to Government, for a response, and will report on the action taken as a result of the petition. This conference is a working conference and I am confident that in our workshops this afternoon and in the contributions of our various speakers, we can work together to exploit how the Government of Wales Act will meet the expectations of the people of Wales on our road to the Referendum !