Due to the compressed nature of pre-legislative scrutiny, the Committee was not able to cover all provisions in the draft Bill in detail. Evidence covered a number of areas, but the three main aspects of the draft Bill that were raised, and on which this Report focuses, are: the transition to a reserved powers model; the reservation of criminal and private law and the necessity tests; and the consenting arrangements. The majority of witnesses have suggested improvements to the draft Bill. Some of these, such as replacing the "necessity" test with a test that is clearer and has a lower threshold, and that in relation to Ministerial consent, that the UK Government transfers to the Welsh Ministers all Ministerial functions in areas of devolved legislative competence, the Committee have been able to agree upon. Some of the evidence received raised other important and relevant issues; in particular many witnesses proposed a form of distinct legal jurisdiction. This issue may not have been apparent to all potential witnesses at the outset of the inquiry, so the Committee cannot be confident they received all relevant evidence on this important subject. They now ask the Secretary of State to reflect on the recommendations. There is a growing body of Welsh law that differs from that which applies in England, but the implications of this requires careful scrutiny. The Committee shares the view of the Silk Commission, that the UK and Welsh governments will need to continue to review the issue of a separate or distinct Welsh jurisdiction

The draft Wales Bill is presented for pre-legislative scrutiny. The Bill implements almost all of the recommendations from the first report from the Independent Commission in Devolution in Wales (the Silk Commission) on the devolution of tax and borrowing powers to the National Assembly for Wales and the Welsh Government. This paper includes English and Welsh language texts of the draft Bill, explanatory notes and a summary impact assessment

The Government of Wales Bill will have constitutional implications that the Select Committee on the Constitution believes require scrutiny. The Bill seeks to take the next step in the devolutionary process and sets out five main aims: to differentiate between the National Assembly for Wales from the Government of the Assembly; to alter the way people are elected to the Assembly, preventing persons standing simultaneously as a candidate on a regional list and for a constituency; develop the law-making powers of the Assembly, delegated through Parliament; set out a scheme for the devolution of primary legislative powers to the Assembly; establish a Welsh Consolidated Fund. The Committee views the Bill as containing provisions of constitutional significance not only to Wales but for the future of the United Kingdom's scheme of devolution generally. The report sets out the background to the Bill, and examines the major constitutional issues.

It provides a critical description and evaluation of how laws are made for Wales including the most recent changes made by the Wales Act 2017 which come into effect in 2018. It analyses and assesses the process of preparing and drafting legislation for Wales in terms of the requirements of democratic processes and respect for the rule of law. It analyses and assesses the legislative procedures of the legislatures which make law for Wales, explaining how they reflect the demands of law-making in a representative democracy. It is written in a clear and accessible style which does not require prior knowledge of its subject matter. It is written by two authors who between them have considerable experience at the highest levels of the law-making processes of Wales and the UK.

Government of Wales Bill : (as amended on Report)