1. On this occasion, because the proposed Order was published and referred simultaneously to both committees for pre-legislative scrutiny, joint working - which had eluded us previously - proved possible. The Welsh Affairs Committee welcomes this positive development, and anticipates that in future proposed Orders will be published and referred to Westminster and National Assembly committees in a sequence which allows for such joint working. It is unfortunate that this has not proved to be the case with some of the proposed Orders published so far, which still await Whitehall clearance although their examination by an Assembly committee is underway or complete. (Paragraph 10)

2. We agree that the proposed Order represents a "good fit" with existing and previously announced Welsh Assembly Government policy, and is consistent with it. (Paragraph 18)

3. We agree that the proposed Order reflects the current devolution settlement, by setting out in the Excepted Matters certain aspects which are retained as the responsibility of the UK Government. We note the Welsh Assembly Government's view that the Excepted Matters will not impair upon its ability to enact the policies for which it seeks the powers contained in the proposed Order. (Paragraph 22)

4. We agree that the use of the Legislative Competence Order in Council procedure is the most appropriate way for the Welsh Assembly Government to pursue its policy objectives in this area, and that this could not be achieved by use of existing legislation. It is also understood that there is no Government bill in prospect which could address these issues through primary legislation. (Paragraph 27)

5. We note that some valid concerns were expressed by witnesses before the Assembly Committee as to the timing of the introduction of the proposed Order, particularly in relation to a forthcoming Green Paper for social care in England, and we draw such concerns to the attention of the Welsh Assembly Government. (Paragraph 32)

6. We agree that the proposed Order as drafted applies only to non-residential social care provided by or secured by local authorities, and to payments made in respect of individuals with particular needs relating to their well-being. (Paragraph 35)

7. We agree that the proposed Order as drafted would cover respite services received in a person's own home, but would not extend to respite care in a care home. (Paragraph 37)

8. We agree that the proposed Order as drafted would enable the National Assembly to abolish charges made by local authorities for the provision of non-residential care services. We acknowledge that the Welsh Assembly Government has made clear that it does not intend to do so, but note that the power to do so would be conferred under the terms of this Order. (Paragraph 43)

9. While we acknowledge that the Welsh Assembly Government does not intend to make it a requirement of local authorities to charge for the provision of non-residential social care, we note that the proposed Order as drafted does include the power to do so. (Paragraph 45)

10. While we acknowledge that the Welsh Assembly Government does not intend to require local authorities to charge for the provision of non-residential social care services to children, we note that the proposed Order does include the power to do so. It will be for the National Assembly to decide how to exercise this power in the future. (Paragraph 51)

11. We note that the evidence submitted to this Committee and to the Assembly Committee points to inconsistencies and uncertainty in the assessment of income between different local authorities in Wales for the purposes of charging for the provision of non-residential social care. We acknowledge that this proposed Order would enable the National Assembly to introduce legislation (by measure) with the aim of establishing such consistency, and believe that this is an appropriate legislative competence to devolve. (Paragraph 55)

12. We agree that the proposed Order would enable the National Assembly to legislate in the Field of social welfare, without requiring amendment to Field 12 relating to local government. (Paragraph 57)

13. We note the concern expressed by the representatives of local authorities that in order for the quality of their non-residential social care services not to be adversely affected by the imposition of a limit on the amounts they could recoup in charges, they would need to be reimbursed for lost revenue. We also note the Welsh Assembly Government's assurance that it was its aim to do so, although this could only be defined when measures are brought forward. We must therefore note that there are potentially significant financial implications with measures which may be brought forward under the powers devolved by the proposed Order. (Paragraph 66)

14. We have given consideration to the implications of this proposed Order for the cross-border provision of services, but do not feel that these are significant at present. (Paragraph 71)

15. While we appreciate that the domiciliary care Order would be re-drafted to include these definitions should it be laid in draft form first, understanding and scrutiny is made more difficult if the intended legal context in which the matter is to operate is not made fully evident in the official documentation. We believe it would be helpful if each proposed Order were to include for ease of reference definitions of the terms used, either in the proposed Order itself or as part of the accompanying Explanatory Memorandum. (Paragraph 75)

16. We also note the haphazard approach to processing proposals for Legislative Competence Orders in Council. The failure on the part of the Welsh Assembly Government to follow the anticipated procedures for these proposals, which were described during the progress of the Government of Wales Act 2006, has created significant problems. The Wales Office, the Welsh Assembly Government and the National Assembly for Wales should seek to coordinate the procedures more effectively in future. (Paragraph 76)

17. It seems unlikely that there are other matters which are intended to be included other than those set out in the definition. We therefore recommend that the definition of "social care" is amended to read "means" rather than "includes". (Paragraph 80)

18. We are broadly satisfied with the definition of "well-being" to be used, but recommend that it be amended in line with the proposals put forward by the Coalition on Charging Cymru. As mentioned previously, we recommend that all definitions to be referred to in a proposed Order are contained either in the proposed Order itself or in the accompanying documentation. (Paragraph 85)

19. We consider that the term "needs" is more wide-ranging than the term "particular needs". Accordingly, we recommend that the proposed Order be revised to refer to "needs" rather than to "particular needs". (Paragraph 89)

20. We agree that the proposed Order is consistent with existing Welsh Assembly Government policy and priorities, and that the use of the Legislative Competence Order in Council procedure is the most appropriate route for this to be pursued. We have noted in this Report that the proposed Order would grant the National Assembly powers in certain areas for which there are no current plans to introduce legislation - for example, the ability to abolish charges for non-residential social care provided by local authorities. We also acknowledge that the proposed Order reflects the current devolution settlement, as illustrated by the Excepted Matters it specifies. (Paragraph 92)

21. Concerns expressed to us in evidence regarding the timing of the introduction of the Order and on local authority budgets are properly matters for the Welsh Assembly Government, and we make no comment on these other than to set out the points raised in evidence. (Paragraph 93)

22. We acknowledge that measures introduced under the terms of this Order may have implications for the delivery of and the demand for services on the Wales-England border, but do not feel that such implications are sufficiently great to prevent us from recommending the granting of competence. (Paragraph 94)

23. We agree that the proposed Order should be proceeded with, with some specific amendments as set out in the recommendations of this Report. We also recommend that in future each proposed Order should contain the definitions of the terms to be used, for ease of reference and for clarity. (Paragraph 95)