Whilst giving evidence to the Welsh Affairs Select Committee on 24 July 2007 I agreed to set out in a note my proposal for dealing with scrutiny of framework powers.

  The proposal for the use of framework powers emerged from the Better Governance for Wales White Paper in 2005. Since then there have been framework powers in the Education and Inspection Act and the NHS Redress Act and there are framework powers in the Further Education Bill and Local Government and Public Involvement in Health Bill in the current session. The Government remains committed to this process as a way of conferring enhanced legislative competence on the National Assembly for Wales, alongside the new Order in Council process.

  As with Orders in Council, the Government is committed to ensuring proper scrutiny of framework powers in UK Bills. I am very aware of the concerns that colleagues from all sides of the House have expressed in recent weeks about the adequacy of the scrutiny arrangements for framework powers. I take these seriously, and would like to propose a way forward to strengthen and improve the arrangements.

  As a result of a request from Parliament we have already developed the process surrounding framework powers and have started providing explanatory memoranda to accompany any framework power in a Bill. The Welsh Assembly Government will continue produce an explanatory memorandum, setting out the scope of the power requested, and the purpose and thinking behind the request, to accompany each proposed framework power in a Bill. The memorandum will be placed in the Libraries of both Houses, when the Bill is introduced, and copied to all Welsh MPs and Peers, and opposition spokespeople.

  I want to develop this further. From the beginning of the next session, once the legislative programme has been announced I will, by way of a written Ministerial Statement to Parliament, highlight any Welsh elements in the programme, including framework powers. This I hope will give an early indication to all Parliamentary colleagues of what the Government is proposing and will signal the beginning of our engagement with Parliament. The remainder of my proposal is based on previous successful arrangements to facilitate pre legislative scrutiny of Wales-only Bills in the other place.

  In future, where Bills contain framework powers, I propose that briefing sessions be offered to both Houses of Parliament, separately, and to the Assembly Committee, if they wish to avail themselves of the opportunity. The relevant Welsh Assembly Government Minister and the Wales Office Minister will organise and attend these sessions, accompanied by officials, to explain the proposals to colleagues. Colleagues will also be able to question both Ministers on the proposed clauses, and request clarification about the explanatory memorandum if needed. As these briefings will be informal, officials will be able to support on technical details if required.

  Officials from both the Wales Office and the Assembly will offer researchers from both Houses, and the National Assembly, the opportunity for a technical briefing beforehand, to help inform the quality of discussion, and questioning.

  The presumption is that these briefing sessions will take place in both Houses of Parliament on Introduction, or as soon as possible thereafter. The briefing for the relevant Assembly Committee would 1 hope take place on the following day. This will ensure that there is the proper balance of scrutiny and consultation with both Parliament and the Assembly on these proposals to confer legislative competence on the Assembly. These briefing sessions will be open to all Members of both Houses. I hope that they will provide suitable opportunity for colleagues to consider properly what it is that they are being asked to approve, and inform the quality of debate and scrutiny which will follow in the formal Bill consideration process.

  Parliament will of course continue to scrutinise framework powers in Bills during the passage of the Bill, just like any other clause. And any Assembly Measure subsequently brought forward under those powers would of course be subject to full scrutiny by the Assembly. I believe that the new procedure of public evidence sessions at the beginning of Committee stage of Commons Bills is a useful development and would encourage Members to use those sessions as an opportunity express a view on the principles of Framework powers before the line by line scrutiny of a Bill commences.

  I feel that the arrangements I have set out above will offer Members and opportunity to discuss and express a view on the principles behind the inclusion of a framework power in a Bill at an early stage. This is in addition to the rigorous scrutiny that accompanies all Bills as they progress through Parliament. If however Members have further ideas as to how we can enhance this process I am of course happy to consider and discuss these.

3 August 2007