APPENDIX 8
Letter from Dr John Marek, MP, to the
Chairman of the Procedure Committee
You are quite right in that significant changes
to procedure will be required. My main concern is over what will
happen when the Assembly wishes to have primary legislation concerning
only Wales and the Government of the day says that there is no
room in the legislative timetable. An easy procedure for future
"Cardiff Bay Barrage Bills" will need to be devised.
Indeed, there may be bits of primary legislation that the Assembly
wishes to be enacted and a procedure needs to be devised to enable
consideration to be given. The present procedures whereby all
gifts come from the Government at its pleasure will not be good
enough.
To reply to the specific points in your letter.
Consultation between members at Westminster
and the devolved bodies should evolve. It must be right to identify
need first.
I agree that there should be co-operation on
European legislation. There will usually be an input from the
devolved bodies that will be slightly different to that of Westminster.
For example, agriculture is different in Wales, Scotland, Northern
Ireland and England, and consumes some half of EU finances. Westminster
will have the final say, but could decide to refer any matters
affecting a devolved function to the devolved body for comment
and perhaps agreement.
Since the powers of the relevant Secretaries
of State will be diminished, shorter time can be allocated for
oral questions. Northern Ireland may need the same time, but I
would imagine five minutes will be sufficient for Wales once the
National Assembly is functioning.
I don't think there will be a role for Grand
Committees. There is too much talk for no purpose.
Departmental Select Committees need to keep
their independence and powers. However, it would be right for
them to accept that some matters have been devolved and that decisions
within the devolved areas are properly for the devolved bodies
to take. You mention a "self denying ordinance": there
ought to be an awareness that the devolved bodies do have in devolved
matters independence and responsibility for their own decisions.
Full freedom should continue for Select Committees to be able
to enquire into any matter reserved for Westminster.
The House should avoid responsibility for financial
scrutiny over monies distributed by the devolved bodies. Financial
scrutiny is built into the devolution process, and the devolved
bodies, if they are to be worth anything, will form their own
effective scrutiny bodies and committees.
Subordinate legislation affecting more than
one body will probably, in the first instance, have to be passed
by both Westminster and the devolved body. This may work if "governments"
agree in principle beforehand. I suspect it will be like this
as there are to be "compacts" between them.
Finally, it is a recipe for dissent and arguments
if Westminster were to allow Private Members to legislate for
devolved matters. The Speaker should examine any Bill and be able
to certify that it did not extent to any devolved matter.
8 September 1998
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