Wednesday, September 26, 2007
The barrier to more powers
Nerys Evans gave the game away earlier on today in the chamber when she confirmed that the Environment Legislative Competence Order (LCO) is encountering problems in Westminster with regards to the breadth of the powers which the Welsh Government are seeking to draw down. This was in stark contrast to the First Minister's claims that all were well yesterday.
Although a wrangle over who approves any new nuclear power stations is part of this row, one of the sources of the problem lies in the Government of Wales Act 2006 itself. Section 95 (2) states that:
An Order in Council under this section does not have effect to amend Part 1 of Schedule 5 by adding a field if, at the time when the amendment comes into force, no functions in the field are exercisable by the Welsh Ministers, the First Minister or the Counsel General.
Part One of Schedule Five sets out the matters on which the Assembly is deemed to have legislative competence. We are only allowed to draw down additional powers within the constraints of this list of functions. If we seek to cast our net too widely and aspire to powers not within those listed then Westminster is likely to rule our LCO out of order. The obvious solution is to approve an LCO and then to pass a further Transfer of Powers but that does not seem to be an acceptable way forward for the UK Government.
One example of a manifesto commitment put forward by all four political parties that may fall into this twilight zone is the proposal to take responsibility for building regulations so as deliver more accessible and energy efficient housing. It has been suggested that this area is not covered by Schedule Five and as such the government will not be able to deliver on this promise by using the LCO route.
The second Government of Wales Act may have been sold as a route to a full Parliament through the gradual accumulation of powers but in reality it is proving more of an obstacle to that outcome, restricting the freedom of the Welsh Government to act and frustrating its manifesto objectives.
Although a wrangle over who approves any new nuclear power stations is part of this row, one of the sources of the problem lies in the Government of Wales Act 2006 itself. Section 95 (2) states that:
An Order in Council under this section does not have effect to amend Part 1 of Schedule 5 by adding a field if, at the time when the amendment comes into force, no functions in the field are exercisable by the Welsh Ministers, the First Minister or the Counsel General.
Part One of Schedule Five sets out the matters on which the Assembly is deemed to have legislative competence. We are only allowed to draw down additional powers within the constraints of this list of functions. If we seek to cast our net too widely and aspire to powers not within those listed then Westminster is likely to rule our LCO out of order. The obvious solution is to approve an LCO and then to pass a further Transfer of Powers but that does not seem to be an acceptable way forward for the UK Government.
One example of a manifesto commitment put forward by all four political parties that may fall into this twilight zone is the proposal to take responsibility for building regulations so as deliver more accessible and energy efficient housing. It has been suggested that this area is not covered by Schedule Five and as such the government will not be able to deliver on this promise by using the LCO route.
The second Government of Wales Act may have been sold as a route to a full Parliament through the gradual accumulation of powers but in reality it is proving more of an obstacle to that outcome, restricting the freedom of the Welsh Government to act and frustrating its manifesto objectives.
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The second Government of Wales Act may have been sold as a route to a full Parliament through the gradual accumulation of powers but in reality it is proving more of an obstacle to that outcome, restricting the freedom of the Welsh Government to act and frustrating its manifesto objectives.
It's certainly looking that way
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It's certainly looking that way
# posted by 
: 8:25 PM
: 8:25 PM<< Home
