Committee on Statutory Instruments
Report: CSI(4)-01-11 : 22 June 2011
The Committee reports to the Assembly as follows:
Statutory Instruments laid before or during the dissolution of the Third Assembly
The Committee considered the Statutory Instruments which had been laid before the Third Assembly at a point that did not allow them to be properly considered by the then Constitutional Affairs Committee.
The Instruments concerned were all now in force and the time within which Assembly Members could seek their annulment had passed. Despite this, the Committee agreed that, where relevant, this legislation should be reported to the National Assembly under Standing Order 21.3
The Committee also considered correspondence from Mr Ian Medlicott, Policy Officer of the Association of Council Secretaries and Solicitors, Wales Branch, expressing concern about introducing statutory instruments at a time when they could not be scrutinised effectively.
The Committee agreed to write to the responsible Welsh Minister about Mr Medlicott’s concerns, which the Committee shared, and to Mr Medlicott thanking him for his interest.
Third Assembly Instruments do not raise issues to be reported under Standing Order 21.2 or 21.3
CA587 - The Child Measurement Programme (Wales) Regulations 2011
Procedure: Negative.
Date made: 28 March 2011.
Date laid: 30 March 2011.
Coming into force date:1 August 2011
CA588 - The Public Health Wales National Health Service Trust (Membership and Procedure) (Amendment) Regulations 2011
Procedure: Negative.
Date made: 29 March 2011.
Date laid: 30 March 2011.
Coming into force date:23 June 2011
CA589 - The Tax Credits (Approval of Child Care Providers) (Wales) (Amendment) Scheme 2011
Procedure: Negative.
Date made: 28 March 2011.
Date laid: 30 March 2011.
Coming into force date:1 April 2011
CA590 - The Beef and Veal Labelling (Wales) Regulations 2011
Procedure: Negative.
Date made: 29 March 2011.
Date laid: 30 March 2011.
Coming into force date:21 April 2011
CA591 - The Vegetable Seed (Wales) (Amendment) Regulations 2011
Procedure: Negative.
Date made: 29 March 2011.
Date laid: 30 March 2011.
Coming into force date:22 April 2011
CA592 - The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2011
Procedure: Negative.
Date made: 29 March 2011.
Date laid: 30 March 2011.
Coming into force date:22 April 2011
Third Assembly Instruments that raise issues to be reported under Standing Order 21.2 or 21.3
CA581 - The Waste (Miscellaneous Provisions) (Wales) Regulations 2011
Procedure: Negative.
Date made: 28 March 2011.
Date laid: 28 March 2011.
Coming into force date:29 March 2011
In addition to the report proposed under Standing Order 21.3, the Committee agreed to write to the relevant Minister emphasising that the criteria for the choice of procedure in this case were helpful and could be used to inform future similar decisions.
CA582 - The Social Care Charges (Means Assessment and Determination of Charges) (Wales) Regulations 2011
Procedure: Negative.
Date made: 24 March 2011.
Date laid: 29 March 2011.
Coming into force date:11 April 2011
CA583 - The Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011
Procedure: Negative.
Date made: 24 March 2011.
Date laid: 29 March 2011.
Coming into force date:11 April 2011
CA593 – The Reporting of Prices of Milk Products (Wales) Regulations 2011
Procedure: Negative.
Date made: 29 March 2011.
Date laid: 31 March 2011.
Coming into force date:21 April 2011
CA594 – The Care Homes (Wales) (Miscellaneous Amendments) Regulations 2011
Procedure: Negative.
Date made: 29 March 2011.
Date laid: 31 March 2011.
Coming into force date:1 June 2011
The Committee agreed the Reports under S.O.21.2 and S.O.21.3 on these statutory instruments, which are attached as Annexes 1-5.
Subordinate Legislation laid during the Fourth Assembly
Instruments that raise no reporting issues under Standing Order 21.2 or 21.3
CSI3 - The Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011
Procedure: Negative.
Date made: 2 June 2011.
Date laid: 6 June 2011.
Coming into force date: 1 December 2011
CSI4 - The Food Additives (Wales) (Amendment) (No. 2) Regulations 2011
Procedure: Negative.
Date made: 8 June 2011.
Date laid: 9 June 2011.
Coming into force date:In accordance with regulation 3.
Instruments that raise reporting issues under Standing Order 21.2 or 21.3
CSI1 - The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
Procedure: Affirmative.
Date made: Not stated.
Date laid: Not stated.
Coming into force date: 1 July 2011.
CSI2 - The Welsh Language Commissioner (Appointment) Regulations 2011
Procedure: Affirmative.
Date made: Not stated.
Date laid: Not stated.
Coming into force date: 29 June 2011
The Committee agreed the Reports under S.O.21.2 and S.O.21.3 on these statutory instruments, which are attached as Annexes 6-7.
David Melding AM
Chair, Committee on Statutory Instruments
22 June 2011
Annex 1
Committee on Statutory
Instruments
(CSI(4)-01-11)
CA581
Committee on Statutory Instruments Report
Title: The Waste (Miscellaneous Provisions) (Wales) Regulations 2011
Procedure: Negative
These Regulations are supplementary to the Waste (England and Wales) Regulations 2011 (“the England and Wales Regulations”). They make amendments to several Welsh statutory instruments for the purposes of transposing, in relation to Wales, Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No. L 312, 22.11.2008, p3). They also revoke, for the same purpose, one Welsh statutory instrument.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument at this stage.
Merits Scrutiny
Under Standing Orders 21.3 the Assembly is invited to pay special attention to the following instrument:-
1. These Regulations have failed to be implemented in Wales within the time frame set by the revised Waste Framework Directive (“the RWFD”). The UK (including the devolved administrations) was required to transpose the RWFD by 12th December 2010. The UK Government has not met that deadline. The Minister for Business and Budget has written to the Presiding Officer notifying him of the reasons pertinent to the breach. The primary reason was that it was necessary to wait for the England and Wales Regulations to be made in the first instance because it was those Regulations that principally transposed the RWFD. The Waste (Miscellaneous Provisions) (Wales) Regulations 2011(“the Welsh Regulations”) make a number of consequential amendments to Welsh Statutory Instruments which had been made by the Welsh Ministers previously. The need for separate legislation was because the Welsh instrument must be made bilingually, and the UK Government, for administrative reasons in the context of the transposition timetable, were unwilling to include such amendments in the England and Wales Regulations.
(Standing Order 21.3 (iv) – that it inappropriately implements European Union legislation.)
2. Regulations made under section 2(2) of the European Communities Act 1972 can be made using either the negative or affirmative procedure. The choice of procedure is at the discretion of the maker of the regulations (in this case the Welsh Ministers) and no criteria are laid down in law for doing so.
These particular regulations were made in breach of the 21-day rule. The reasons for the breach were set out in the then Minister for Business and Budget’s letter of 28 March 2011 to the Presiding Officer. Her letter also offered the following explanation for the use of the negative procedure in this case:
“…the choice of procedure has depended on the nature of the provision being made rather than procedural considerations. The Wales Regulations do not substantially affect the provisions of an Act of Parliament or Assembly Measure, they do not amend any provision of an Act or Measure, and provide only for consequential updatings of subordinate legislation to reflect changes in Directive terminology and objectives. It was concluded, therefore, that it would not be appropriate to make the Wales Regulations under the affirmative procedure.”
The Committee is wholly content with this explanation. Moreover, the Committee believes that it also provides important and useful criteria for judging whether any future legislation made under these powers (or legislation where Ministers have similar discretion over the procedure to be used) should be made by the affirmative or negative procedure.
The Committee believes that it would be helpful if explanatory memorandums relating to any future use of such powers could set out briefly, as a matter of special interest to the Committee, how the criteria set out in the Minister’s letter have been used to judge whether to use the negative or affirmative procedures.
(Standing Order 21.3 (ii) – that it is of political or legal importance.)
Committee on Statutory Instruments
22 June 2011
The Government has responded as follows:
The Waste (Miscellaneous Provisions) (Wales) Regulations 2011
The Government has explained, through the Minister for Business and Budget’s letter to the Presiding Officer, why it was necessary for the Welsh Regulations to contain provisions which refer to and depend on provisions in the England and Wales Regulations. It followed from this that the Welsh Regulations could not be made earlier than the England and Wales Regulations. As to those Regulations, the Government would point out that the revised Waste Framework Directive introduces several new provisions, in addition to consolidating earlier Waste Directives, and places emphasis on engagement with stakeholders. The Government therefore considered it necessary to engage effectively with stakeholders through extensive public consultation before introducing the necessary legislation. However, the issues arising from the consultations had an impact on the timetable for the transposition of the Directive. The Government regrets this, but considers that its consultation and consideration of the issues arising has helped to ensure a more effective implementation of the Directive in Wales.
Annex 2
Committee on Statutory
Instruments
(CSI(4)-01-11)
CA582
Committee on Statutory Instruments Report
Title: The Social Charges (Means Assessment and Determination of Charges) (Wales) Regulations 2011
Procedure: Negative
Section 1 of the Social Care Charges (Wales) Measure 2010 gives local authorities in Wales a discretionary power to impose a reasonable charge upon adult recipients of non-residential social care services (a “service user”). These Regulations do not require a local authority to impose a charge when it provides or makes arrangements for the provision of a chargeable service; however, in cases where a local authority does determine to impose a charge upon the service user, the charging policy of that local authority must comply with the relevant provisions of these Regulations (and with any regulations made by the Welsh Ministers under section 16 of the Community Care (Delayed Discharges etc.) Act 2003).
Technical Scrutiny
Under Standing Orders 21.2 the Assembly is invited to pay special attention to the following instrument:-
There is a discrepancy between regulation 7 (1) (b) (iv) of the English and Welsh versions of the text. In regulation 7 (1) (b) (iv) the English version makes reference to the words “for services” in respect of the “details of the maximum reasonable charge,” in accordance with regulation 5, whereas the Welsh version at regulation 7 (1) (b) (iv) omits to include the words “for services,” and so it is not clear in respect of what the maximum reasonable charge should be imposed in accordance with regulation 5 of the Welsh version.
(Standing Order 21.2 (vi) that its drafting appears to be defective or it fails to fulfil statutory requirements; and Standing Order 21.2 (vii) that there appear to be inconsistencies between the meaning of its English and Welsh texts).
Merits Scrutiny
For points identified for reporting under Standing Order 21.3 in respect of this instrument see CLA(4)-01-11(p1).
Committee on Statutory Instruments
22 June 2011
The Government has responded as follows:
The Social Care Charges (Means Assessment and Determination of Charges) (Wales) Regulations 2011
The reporting point is accepted. The Government intends to bring forward amending legislation at the earliest opportunity and in any event within 3 months from the coming into force of the Regulations.
Annex 3
Committee on Statutory
Instruments
(CSI(4)-01-11)
CA583
Committee on Statutory Instruments Report
Title: The Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011
Procedure: Negative
Section 1 of the Social Care Charges (Wales) Measure 2010 gives local authorities in Wales a discretionary power to impose a reasonable charge upon adult recipients of non-residential social care services. The Regulations set out a number of provisions with which local authorities are required to comply when exercising this power.
Technical Scrutiny
Under Standing Orders 21.2 the Assembly is invited to pay special attention to the following instrument:-
- Regulation 2 (1) (Page 5) – “basic entitlement” – as a result of paragraphs (a) and (b) severe disability premium may be disallowed where it is paid, the text incorrectly refers in both paragraphs to “where is it paid” which creates ambiguity. (Standing Order 21.2 (vi) –that its drafting appears to be defective or it fails to fulfil statutory requirements)
- Regulation 2 (1) (Page 7) – “home visiting facility” means a visit or visits which are undertaken by an appropriate officer of a local authority to D’s current place of residence. The Welsh text translates to …..home or place of residence. (Standing Order 21.2 (vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts)
- Regulation 2 (1) (page 7) – “in writing”. The English text refers to ‘words or figures’ however the welsh text refers to ‘words and figures’.
- Regulation 2 (1) (page 8) – “service user” means an adult who has been offered, or who is receiving, a service provided or secured by a local authority. The Welsh text omits the words or secured. (Standing Order21.2 (vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts)
- Regulation 7 (4) (b) (page 11) – The English text provides that when issuing an invitation to request a means assessment, the invitation must contain full details of its charging policy which must include the information in sub-paragraph (1) – (v). The Welsh translation does not require such information to be included. (Standing Order21.2 (vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts)
- Regulation 7 (4)(e) (page 12) – the English text refers to sub-paragraph (d), but the welsh text refers to (dd) instead of (ch). (Standing Order21.2 (vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts)
- Regulation 7 (4) (i) – the English text refers to individuals in the plural. The Welsh text initially refers to individuals, but goes on to refer to single individual “gysylltu ag ef”. (Standing Order 21.2 (vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts)
Merits Scrutiny
For points identified for reporting under Standing Order 21.3 in respect of this instrument see CLA(4)-01-11(p1).
Committee on Statutory Instruments
22 June 2011
The Government has responded as follows:
The Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011
The reporting points are accepted. The Government intends to bring forward amending legislation at the earliest opportunity and in any event within 3 months from the coming into force of the Regulations.
[The Committee received oral confirmation that the correction on publication had taken place since the draft report and government response were prepared]
Annex 4
Committee on Statutory
Instruments
(CSI(4)-01-11)
CA593
Committee on Statutory Instruments Report
Title: The Reporting of Prices of Milk Products (Wales) Regulations 2011
Procedure: Negative
These Regulations revoke and replace the Reporting of Prices of Milk Products (Wales) Regulations 2005. They require a sample of milk processors to provide information on the prices at which they sell milk products after processing, to the Welsh Assembly Government, for onward transmission by the Department for Environment, Food and Rural Affairs to the European Commission.
Technical Scrutiny
Under Standing Orders 21.2 the Assembly is invited to pay special attention to the following instrument:-
Regulation 4 (1) provides that any person who fails to comply with a notice served by Welsh Ministers under regulation 2 (1) is guilty of an offence. Regulation 3 (1) rather than regulation 2 (1) provides for the Welsh Ministers to serve such a notice. Regulation 2 (1) does not exist.
(Standing Order 21.2 (vi) that its drafting appears defective or it fails to fulfil statutory requirements)
Merits Scrutiny
For points identified for reporting under Standing Order 21.3 in respect of this instrument see CLA(4)-01-11(p1).
Committee on Statutory Instruments
22 June 2011
The Government has responded as follows:
The Reporting of Prices of Milk Products (Wales) Regulations 2011
The Government considers the technical scrutiny point of the CAC to be a typographical error and one appropriate for amendment on publication which will take place by the end of May 2011. Support for the Government’s response is as follows:
1. The explanatory note to the Regulations makes it clear that failure to comply with the notice requirements contained in the Regulations is an offence and that such notices must be served under regulation 3. Whenever there is ambiguity in the body of the Regulations, the explanatory notes though not legally binding would be used to assist the reader in reaching an interpretation.
2. There is no regulation 2(1) in the Regulations. Taken in the context that notices are served under regulation 3 and that it is an offence under regulation 4 to fail to comply with such a notice, it is unlikely that the incorrect citation of regulation 2(1) can mean anything other than that it is a typographical error which should have cited regulation 3(1).
3. Bennion’s publication is the recognised legal authority on statutory interpretation. An example given in Bennion’s of when it is accepted practice for the courts to apply a construction to statutory instruments in order to rectify any error and to give practical effect to the legislator's intention is when there is a typographical error.
Summary of Government’s response
The insertion of regulation 2(1) in place of what should have read regulation 3(1) is a clear typographical error which can be appropriately amended on publication. This is supported by the reasons stated in 1 – 3 above.
[The Committee received oral confirmation that the correction on publication had taken place since the draft report and government response were prepared]
Annex 5
Committee on Statutory
Instruments
(CSI(4)-01-11)
CA594
Committee on Statutory Instruments Report
Title: The Care Homes (Wales) (Miscellaneous Amendments) Regulations 2011
Procedure: Negative
These Regulations amend the Care Homes (Wales) Regulations 2002 to make it a requirement that the person who manages a care home possesses a minimum level of qualification to undertake that role and that such a person is registered with the Care Council for Wales. They also make consequential amendments to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of the following instrument.
Merits Scrutiny
The Assembly is invited to pay special attention to these regulations under Standing Order 21.3(ii) as giving rise to an issue of public policy likely to be of interest to the Assembly:
In the light of recent public concerns about the management and operation of care homes providing services for adults, Assembly Members may wish to note that these Regulations introduce new arrangements to make it a legal requirement that all managers of care homes for adults register with the Care Council for Wales in order to undertake that role.
This instrument was laid during the third Assembly and it has not been possible to report on it within the usual 20-day timescale. Further information about this is set out in the report (laid document reference CR-LD8540) by the former Constitutional Affairs Committee laid on 31 March 2011.
Committee on Statutory Instruments
22 June 2011
Annex 6
Committee on Statutory Instruments
(CSI(4)-01-11)
CSI1
Committee on Statutory Instruments Report
Title: The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
Procedure: Affirmative
These Regulations provide for the Secretary of State and the Welsh Ministers to make schemes for the adoption by sewerage undertakers in England and Wales of private sewers and private lateral drains under section 102 of the Water Industry Act 1991 (“the Act”).
Technical Scrutiny
Under Standing Order 21.2 the Assembly is invited to pay special attention to the following instrument:-
These Regulations have not been made bilingually.
[21.2(ix) - that it is not made or to be made in both English and Welsh].
Merits Scrutiny
Under Standing Orders 21.3 the Assembly is invited to pay special attention to the following instrument:-
These Regulations will directly affect a large proportion of people living in Wales. The Water Industry Act 1991 places statutory sewerage undertakers under a duty to provide, maintain and extend a system of public sewers as to ensure that the area is and continues to be effectively drained. Whilst the 1991 Act provides for the voluntary adoption as part of the public sewerage system of sewers and lateral drains that connect to it, it is not a requirement and as a result an extensive system of private sewers has developed since 1937. It has been estimated that 50% of properties in England and Wales are connected to a private sewer in one form or another and as a result responsibility for those sewers are shared by the owners of the properties that those sewers serve. These Regulations will transfer responsibility for the maintenance of all sewers and lateral drains that drain to the public sewerage system to the Water and Sewerage Companies. This will include sewers and lateral drains draining both residential and commercial premises.
These Regulations contain a sunset clause. A sunset clause provides that the law shall cease to have effect after a specific date. Regulation 1(2) states that these Regulations will “cease to have effect at the end of 30th June 2018.” The explanatory memorandum explains why a sunset clause is necessary in this instance. It states that “the regulations that implement the transfer of private sewers will affect the transfer by requiring water and sewerage companies to use their existing powers under the Water Industry Act 1991 to declare sewerage assets to be vested in them as “public” sewerage assets. They will be required to make declarations in respect of private sewers, laterals and associated pumping stations which are connected to the public sewerage system on a date specified in the regulations. This exercise is a single operation such that, once over the transitional period specified in the regulations they will have no on-going effect.” The explanatory memorandum then confusingly says that “no sunset clause is therefore proposed for these regulations.” This is incorrect and this error has been brought to the attention of the Government lawyers.
[21.3(ii) that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Assembly].
Committee on Statutory Instruments
22 June 2011
The Government has responded as follows:
Technical points:
The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
These composite regulations apply to England and Wales and are subject to approval by the National Assembly for Wales and by Parliament in accordance with statutory requirements. It is therefore not considered reasonably practicable for these regulations to be laid in draft, or made, bilingually.
Merits points:
The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
I am grateful for the Committee's draft report. As the draft report indicates, the RIA mistakenly states that the Regulations contain no sunset clause. However, the Explanatory Memorandum correctly states that the Regulations do contain a sunset clause. While this error is regrettable, I do not believe any corrective action would be appropriate in relation to these Regulations.
Annex 7
Committee on Statutory
Instruments
(CSI (4)-01-11)
CSI2
Committee on Statutory Instruments Report
Title: The Welsh Language Commissioner (Appointment) Regulations 2011
Procedure: Affirmative
The Welsh Language (Wales) Measure 2011 (“the Measure”) creates the office of Welsh Language Commissioner (“the Commissioner”). Section 2 of the Measure provides that the Commissioner is appointed by the First Minister.
In appointing the Commissioner, the First Minister is under a duty to comply with regulations that make provision about the appointment (referred to in the Measure as “appointment regulations”). The Welsh Ministers make these regulations to comply with their duty to make appointment regulations. These regulations make provision about convening a selection panel and its membership. These regulations also make provision about the principles to be followed by the First Minister in appointing the Commissioner and the Welsh language knowledge and proficiency that a person appointed as Commissioner must have.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument at this stage.
Merits Scrutiny
Under Standing Orders 21.3[1] the Assembly is invited to pay special attention to the following points in relation to the instrument:-
i) These regulations are the first to be made under the Measure. The appointment arrangements for the Commissioner were considered in the third Assembly by both the Constitutional Affairs Committee and Legislation Committee 2 as part of their stage 1 scrutiny of the Measure. Both Committees drew attention to the proposed appointment arrangements and raised concerns over the perceived independence of the Commissioner. In particular, Legislation Committee No.2 in their scrutiny of the Measure raised concerns over the appointment of the Commissioner by the First Minister and recommended that the National Assembly for Wales have responsibility for the Commissioner’s appointment.
ii) The Constitutional Affairs Committee’s report said:
“58. We do not believe it is part of our remit to comment on whether the appointment arrangements in this case strike the right balance between political direction and independence. However, we believe that the issue will be a key factor in establishing the credibility of the Commissioner in due course. We believe it is an area where Members of the National Assembly should have the opportunity to consider and decide whether the arrangements that are finally proposed get this balance right. For this reason we believe that the relevant appointment regulations should be made by the affirmative resolution procedure.”
iii) Whilst Legislation Committee No.2’s recommendation was not accepted by the Welsh Government, it subsequently brought forward amendments to the proposed Measure so that the regulations governing the Commissioner’s appointment are now to be made by affirmative resolution of the Assembly. Regulation 2(d) also makes provision for an Assembly Member to be nominated by a relevant committee of the National Assembly to sit on the selection panel, although it is not clear how this will work in practice.
iv) The Regulations define a “relevant committee” as “a committee of the National Assembly for Wales invited by the Welsh Ministers to make a nomination.” The Regulations do not provide any guidance as to which committee Ministers may invite to nominate a member of the panel and practical difficulties could arise if the invitation is made at a time when no committee is in a position to make a nomination (e.g. because of a recess. Members may therefore wish to seek an explanation from Ministers as to how they intend to apply this provision in practice.
v) The Committee may wish to note that Schedule 1, paragraph 3(1) (b) of the Measure states that the First Minister must take into account the recommendations of the selection panel.
Committee on Statutory Instruments
22 June 2011
The Government has responded as follows:
Merits Response – The Welsh Language Commissioner (Appointment) Regulations 2011
The Welsh Government have listened to the concerns raised by Assembly Members regarding the appointment of the Welsh Language Commissioner and the legislative procedure that the regulations should follow. These Regulations will proceed via the Affirmative Resolution Procedure and provide an opportunity for the National Assembly to play a role in the process that leads to the appointment of the Commissioner by the First Minister.
This Government’s intention would be to invite the Assembly Committee with responsibility for scrutiny of issues relating to the Welsh language to nominate an Assembly Member to sit on the selection panel. However, in anticipation of a situation where no such Committee is in existence regulation 2(d) is drafted to provide a degree of flexibility for Welsh Ministers to invite another Committee to nominate an Assembly Member.
In most cases, the need to appoint a Commissioner and the consequent need to convene a selection panel will be known in advance. As such, this Government will take steps to correspond with the Committee during the Assembly term. However, in some circumstances it may be necessary to write to the Committee during a recess period.