Constitutional and Legislative Affairs Committee
Report: CLA(4)-21-12 : 22 October 2012
The Committee reports to the Assembly as follows:
Instruments that raise no reporting issues under Standing Order 21.2 or 21.3
Negative Resolution Instruments
CLA180 - The Local Government (Performance Indicators) (Wales) Order 2012
Procedure: Negative.
Date made: 2 October 2012.
Date laid: 8 October 2012.
Coming in to force date:in accordance with article 1(3).
CLA182 - The National Health Service (Primary Dental Services) (Amendments Related to Units of Dental Activity) (Wales) Regulations 2012
Procedure: Negative.
Date made: 9 October 2012.
Date laid: 11October 2012.
Coming into force date:1 November 2012
CLA183 - The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012
Procedure: Negative.
Date made: 10 October 2012.
Date laid: 11October 2012.
Coming into force date:1 November 2012
Affirmative Resolution Instruments
None
Instruments that raise reporting issues under Standing Order 21.2 or 21.3
Negative Resolution Instruments
CLA181 - The Play Sufficiency Assessment (Wales) Regulations 2012
Procedure: Negative.
Date made: 6 October 2012.
Date laid: 8 October 2012.
Coming into force date:2 November 2012
Affirmative Resolution Instruments
None
Other Business
Public Service Pensions Bill: Legislative Consent Memorandum
The Committee considered the Legislative Consent Memorandum for the Public Service Pensions Bill – Clauses Relating to Restrictions to be Applied to New Schemes. Advice from the Committee’s Legal adviser suggested that the LCM might raise wider issues about the Assembly’s Legislative Competence. The Committee agreed to write to the Minister for Finance and Leader of the House Jane Hutt AM, as the responsible Minister setting out these concerns with a view to the Minister attending the Committee’s next meeting to answer any outstanding concerns on the matter.
Subsidiarity monitoring report (May 2012 – August 2012)
The Committee noted the second subsidiarity monitoring report, covering the proposals received between May and August 2012.
Subordinate legislation made by Welsh Ministers under Assembly Measures
The Committee noted the paper on subordinate legislation made by Welsh Ministers under Assembly Measures that was published by Research Service in October 2012. The Committee also noted that consideration of this matter had been mistakenly reported in the report of the Committee’s meeting on 8 October 2012.
Committee Correspondence
CLA169 - The National Health Service (Dental Charges) (Wales) (Amendment) Regulations 2012
The Committee noted the response of the Minister for Health and Social Services, Lesley Griffiths AM, to the Chair’s letter dated 26 September regarding the accuracy of the Explanatory Memorandum to the National Health Service (Dental Charges) (Wales) (Amendment) Regulations 2012 [CLA169].
CLA171 - The Waste (England and Wales) (Amendment) Regulations 2012
The Committee noted the response of the Minister for Environment and Sustainable Development John Griffiths AM to the Chair’s letter dated 27 September regarding the merits points reported on the Waste (England and Wales) (Amendment) Regulations 2012 [CLA171].
Simon Thomas AM
Acting Chair, Constitutional and Legislative Affairs Committee
22 October 2012
Annex 1
Constitutional and Legislative Affairs Committee
(CLA(4)-21-12)
CLA181
Constitutional and Legislative Affairs Committee Report
Title: The Play Sufficiency Assessment (Wales) Regulations 2012
Procedure: Negative
These Regulations which are made under section 11(1) of the Children and Families (Wales) Measure 2010:-
· set out the required content of a local authority’s assessment of the sufficiency of play opportunities in its area;
· set out the individuals and groups that a local authority must consult;
· require an action plan to be prepared as part of the assessment by each local authority;
· provide for the frequency of the assessments, and the manner in which the results of the assessments must be published.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument
Merits Scrutiny
The following points are identified for reporting under Standing Order 21.3 (ii) in respect of this instrument – that it gives rise to issues of public policy likely to be of interest to the Assembly
· In November 2010, the Children and Young People Committee of the third Assembly published the report of its Inquiry into ‘safe places to play and hang out’. In the report’s first recommendation, the Committee urged the Welsh Government:
“…to complete its review of the standards and guidance for play at the earliest opportunity…. The guidance should include a clear definition of ‘play’ that includes both structured and free play…. [Our emphasis].
· The Welsh Government subsequently accepted the Committee’s recommendation and made clear that:
“Greater clarification will be provided on the meaning of ‘play’ and the term will be sufficiently broad to include both ‘structured’ and ‘free play’.”
· Paragraph 8.2 of the Explanatory Memorandum (EM) refers to the Welsh Government consultation on the draft regulations and indicates that a significant proportion (as many as 56%) of those responding may want greater clarity in the regulations, and were “primarily concerned about the relation between freely chosen play and adult led recreational activities.”
· The EM states that ‘the summary report responds to this concern in more detail’, that “the Regulations and the Statutory Guidance have been amended accordingly” and that “A summary of the amendments…has been made available on the Welsh Government’s web site.”
· At the time of the Committee’s meeting the summary report was unavailable on the Welsh Government website. Although, copies of the report were made available at the meeting, this did not provide the Committee with sufficient time to be able to assess whether the Welsh Government has fully addressed the recommendation in the Children and Young People’s Report or the concerns raised by respondents to the consultation on the draft regulations.
· The Committee was also mindful of its role in drawing attention to subordinate legislation that addressed concerns and recommendations made by Assembly Committees.
Simon Thomas AM
Acting Chair, Constitutional and Legislative Affairs Committee
22 October 2012