Incorporating HC 1110, session 2008-09

The effect of this proposed LCO would be to devolve wide-ranging legislative competence for social housing policy to the National Assembly for Wales. The terms of the proposed Order include the provision of social housing, provision by local authorities of caravan sites for use by gypsies and travellers, measures to tackle homelessness, and council tax payable in respect of dwellings that are not the main residence of an individual. The current proposal is a revision of an earlier, much narrower, affordable housing LCO laid before Parliament in 2008, which was criticised because the terms of the LCO went much wider than the policy purposes described to us by the Minister in her evidence. The Committee believes that there is indeed a demand in Wales for comprehensive social housing legislation for Wales, to include the regulation of social housing providers and reform of tenure law. It concludes that the current Order is a logical extension of the current devolution settlement and, with minor technical changes outlined in this Report, is content that it should proceed. The Committee reiterates its continuing concerns about the naming of LCOs. There is now a number of draft or proposed Orders with similar titles. The recommendation is that LCOs should be given a simple title which conveys the actual subject of the Order to the general reader.

The proposed National Assembly for Wales (Legislative Competence) (Local Government) Order 2009 is the twelfth Legislative Competence Order on which the Welsh Affairs Committee has reported. The Order will give the Assembly powers in respect of the structures and work of local government in Wales at all levels. The Welsh Assembly Government has requested this power because it wishes to develop and strengthen the role of community councils and councillors in Wales. The proposed Order will allow the Welsh Assembly Government to fulfil its commitment to seek legislation to address issues identified in the 2003 'Aberystwyth Report'. The Committee agrees that a clear need for the proposed LCO has been identified and is consistent with the Government's commitment to build up the capacity of town and community councils. The proposed Order is drafted in broad and accessible terms with the minimum of exceptions and interpretation. The Committee is concerned, however, that there are now many terms used to describe the various tiers of local government in Wales and agree with the suggestions put forward that the Minister should speedily undertake a review of terminology relating to local government. Specifically the term 'community' is cited as having various meanings dependent on context. Furthermore, given that there have already been several LCO proposals identified in terms of local government, to call this the National Assembly for Wales (Legislative Competence) (Local Government) Order introduces the potential for confusion. A title such as 'National Assembly for Wale (Legislative Competence) (Community Councils) Order or similar is suggested

proposed Legislative Competence Order relating to Transport : Eighth report of session 2009-10, report, together with formal minutes, oral and written Evidence

proposed Legislative Competence Order relating to school Governance : Seventh report of session 2009-10, report, together with formal minutes, oral and written Evidence

Working practices between the UK and Welsh Assembly governments in relation to cross-border policies appear much improved since the Committee's earlier reports on this subject. But a number of outstanding issues remain in transport, health and further and higher education. On transport the Committee welcomes the planned electrification of the Great Western Main Line. However, the Department for Transport appears to have washed its hands of any strategic responsibility for cross-border roads. The A483 is the clearest example of a road vital for travel within Wales but which is not important to the English region in which it is located, and as a result loses out on funding. The Committee stresses the need for comparative data on which to build solid research comparing NHS performance in the devolved nations. More needs to be done to raise public awareness of the differences in services people can expect to receive on both sides of the border. Transparency of information is vital. Research proposals in the UK Government's Higher Ambitions strategy for higher education make no reference to nations other than England, despite the UK-wide research remit of the Department for Business, Innovation and Skills. The Committee calls for details about how research funding proposals apply to all four nations.

There is a pressing need for more prison places in Wales. There are only four prisons in Wales, all of which are in South Wales. The Committee urges the Government to be flexible in its approach, which would be consistent with the considered views expressed in recent reports by the Justice Select Committee.