98. In the light of two years' experience, we consider that the LCO process is resulting in the transfer of significant powers to Wales. We believe that we play an important role in the process, ensuring that proposed Orders are fit for purpose. We have been greatly assisted by working in collaboration with committees of the National Assembly for Wales and we are convinced that the scrutiny process is significantly strengthened when Westminster and Cardiff Bay take a complementary approach.

99. It is easy to be wise after the event, but in retrospect, it is clear that those responsible for the procedures in Cardiff Bay and in the House of Commons assumed that existing processes would be adequate for dealing with LCOs and with the making of the consequent Orders in Council. The making of the final Order in Council is indeed a relatively simple process that follows normal parliamentary practice, but the earlier stages presented a variety of challenges which were not anticipated. This Committee quickly came to realise that such an assumption was misplaced and that we needed to develop new and robust systems for scrutiny. We accepted the need to almost double our workload in order to keep up with the flow of LCOs from the Assembly at the same time as developing our own processes in partnership with members of the Assembly's committees. We believe that we have now developed the appropriate expertise and methodology, and become a strong link in the legislative chain. That has not come easily, which is the main reason allocating LCOs to other departmental select committees or to ad hoc committees is not a viable or workable option.

100. We remain concerned about some aspects of the process, in particular the lengthy period some proposals have spent in closed negotiations between the UK and Welsh Assembly Governments, the substance of which is inaccessible both to this Committee and the general public. In addition, it is important that the complexity of some recent proposed Orders should not cause Schedule 5 of the Government of Wales Act to become unwieldy and labyrinthine.

101. We propose to take a more proactive approach to the oversight of Whitehall clearance process in the future, seeking regular and frequent updates from the Secretary of State on the progress of any LCO proposal as soon as it has been announced in the Assembly. This should result in a speedier resolution of any issues raised in respect of an LCO endorsed by the Assembly and contribute to strengthening the devolution settlement as a whole.