Select Committee on Procedure Minutes of Evidence


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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