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13 October 2021
Dear Huw
Legislative Consent Memorandum (LCM) and Supplementary Legislative Consent Memorandum (SLCM) on the Building Safety Bill
At the meeting of the Local Government and Housing Committee on 6 October we considered three LCMs, including the LCM and SLCM on the Building Safety Bill. I am writing to you as Chair of the Legislation, Justice and Constitution Committee to share the concerns of some Members of my Committee at the increased use of UK Bills and the legislative consent convention to legislate in devolved areas, rather than via Senedd legislation.
The Building Safety Bill was seen as a prime example of where the Welsh Government could bring forward its own legislation. Reforming building safety is a priority policy area for the Welsh Government. Some Members therefore felt it regrettable that these reforms are not being made through a Senedd Bill. Making such reforms in a UK Bill was viewed as denying the Senedd the ability to fully exercise its functions of holding the Welsh Government to account and legislating for Wales.
Whilst it is appreciated that the provisions in the Bill which fall within devolved competence are largely bespoke to Wales and consistent with the Welsh Government’s White Paper “Safer Buildings in Wales”, concerns were expressed by some Members that important changes to the law will not be subject to all stages of the legislative process, including detailed scrutiny by all Members and stakeholders. The LCM process and current reporting deadlines provide very little time for meaningful scrutiny. We appreciate that the UK Bill “presents an opportunity to take earlier action”, but greater scrutiny makes for better law and a Welsh Bill would certainly allow for greater scrutiny.
We are also writing to the Minister for Climate Change expressing these concerns and will share any response with you for information.
Yours sincerely
John Griffiths MS
Chair
Croesewir gohebiaeth yn Gymraeg neu Saesneg.
We welcome correspondence in Welsh or English.