1.  We do not believe that the process for the scrutiny of this proposed Order has been satisfactory, or that it has worked as intended. We would again urge the Welsh Assembly Government to synchronise the publication and referral of a proposed Order to an Assembly Committee with its referral to Parliament by the Secretary of State. Failure to do so represents the single biggest obstacle to the effective scrutiny of proposed Orders and, coming as it does at the very beginning of the process, it adversely affects all subsequent arrangements. (Paragraph 9)

2.  Given that there was no appropriate Westminster Bill which would have provided an opportunity for the Welsh Assembly Government to pursue its objectives in this policy area, we agree that the Legislative Competence Order in Council procedure is the appropriate route for the Welsh Assembly Government to pursue in this case. (Paragraph 17)

3.  We agree that the proposed Order is consistent with established Welsh Assembly Government policy and existing commitments. (Paragraph 20)

4.  We agree that the consolidation and rationalisation of existing legislation in relation to vulnerable children in Wales is a laudable aim of the proposed Order which would do much to advance clarity and understanding of the current situation, as well as to help reduce gaps in service provision. (Paragraph 25)

5.  While we agree with the Assembly Committee that child poverty is a central theme of the proposed Order, we do not concur with that Committee's recommendation that the term "child poverty" be included on the face of the Order, for example by the introduction of an additional Matter. Although we agree that child poverty is a central theme, we agree with the Welsh Assembly Government that the inclusion of terms such as "reducing inequalities" clearer and more appropriate, and, being consistent with other UK statutory provisions, better suited for purpose. (Paragraph 29)

6.  We thank the Deputy Minister and Welsh Assembly Government Officials for setting out in evidence to us what they identify as the main legislative constraints operating upon the Welsh Assembly Government's ability to legislate in this area. We believe that in future it would be helpful, where existing legislative constraint is cited as a reason for introducing a proposed Order, for a comprehensive explanation of the legislative constraints to be included in the Explanatory Memorandum. (Paragraph 33)

7.  We discourage proposed Orders that address a specific subject, such as vulnerable children, from being used as an opportunity to make changes to entirely unrelated fields. Where this practice can not be avoided, we emphasise the importance of including an adequate explanation of those changes in the Explanatory Memorandum. (Paragraph 35)

8.  We note with concern the Deputy Children's Commissioner's evidence that the split in responsibilities between England and Wales for safeguarding and promoting the well-being of children and young people has resulted in vulnerable children not receiving the services they need. We recognise that this proposed Order would not address the gaps in provision, and note the view of the Deputy Children's Commissioner that one way of addressing this issue would be by way of an over-arching legal framework for England and Wales. However, in the absence of such a framework, we recommend that Matter 15.5 of the proposed Order be expanded to include reference to other bodies which work with vulnerable children such as the UK Border Agency and the Fire and Rescue Services. (Paragraph 42)

9.  We believe that the inclusion of a definition of the term "vulnerable children" is a significant improvement to the proposed Order as revised, and agree with the Deputy Children's Commissioner that the definition provided is satisfactory. (Paragraph 45)

10.  We note that this particular controversy over smacking has highlighted the potential for different interpretation of the scope of devolved and reserved matters. We note the assurance of the Deputy Minister and the Parliamentary Under-Secretary of State that the revised proposed Order would not enable the Welsh Assembly Government to introduce a Measure removing the defence of "reasonable chastisement" relating to the punishment of children. This assurance that because this Order deals with the functions of public authorities it can not be used to make changes in the criminal law has been confirmed as correct by the Wales Office and by Parliamentary Counsel. (Paragraph 52)

11.  To ensure that there is no doubt, we propose the addition of a resolution at the time of passage saying, "Nothing in this resolution shall be interpreted as giving a competence that is not explicitly given by this Order.". (Paragraph 53)

12.  We agree with the Deputy Minister that the reference to "education, training and recreation" in the proposed Order should not be expanded to include reference to the word "play", as "play" is already implicit in the definition given. To include specific reference to "play" could restrict the scope of the definition of "well-being" rather than add to it. (Paragraph 56)

13.  We note the view of the Deputy Minister that it would prove "constitutionally difficult for a constituent part of the United Kingdom to incorporate the [United Nations Convention on the Rights of the Child] into its law". (Paragraph 60)

14.  We believe that, as with all proposed legislation, clarity of the terms used and of the definitions given is crucial to its eventual effectiveness. It is particularly the case that terms used in Welsh legislation which are also used in the same policy area in English legislation are consistent. We are assured that where there are differences, these will not cause practical problems when they are implemented. (Paragraph 62)

15.  We welcome the fact that this proposed Order would enable the Welsh Assembly Government to bring forward a Measure so that the Children's Commissioner for Wales would be accountable to the National Assembly rather than to the Welsh Assembly Government. We concur with the Deputy Commissioner's view that this would enhance the Commissioner's independence, ensure transparency and increase accountability, and we fully support the Assembly Committee's recommendation urging the Welsh Assembly Government to bring forward such a Measure. (Paragraph 66)

16.  We recognise and appreciate the Children's Commissioner's description of whistleblowing as one of his "essential safeguards in promoting and safeguarding the rights and welfare of children". While the term "whistleblowing" itself has no statutory definition, we recommend that the proposed Order be amended to make it clear that the Order will do nothing to weaken the Children's Commissioner's existing powers in relation to whistleblowing. (Paragraph 72)

17.  We support this proposed Order, as revised, and agree that it should be proceeded with. We agree with the Deputy Children's Commissioner's comment in evidence to us:

Obviously the real test will be how this makes a difference in the lives of those children in Wales who are vulnerable and who are living in poverty. (Paragraph 73)