Marie Navarro, Legal Consultant Devolution Legislation Marie Navarro, Legal Consultant & Editor Wales Legislation Online, Cardiff Law School

Marie Navarro, Legal Consultant Us Marie Navarro  Research Associate, Editor and Chief Researcher Wales Legislation Online, Cardiff Law School  Associate of the National School of Government  Legal Consultant Gerwyn Wise  Cardiff Law School Graduate 2008  Legal Consultant

Marie Navarro, Legal Consultant UK Legislation devolving powers: 16 Executive Powers only:  Mental Health Act 2007 c.12 - NAW= Welsh Ministers  Consumers, Estate Agents and Redress Act 2007 c consent of Assembly  Offender Management Act 2007 c.21 Secretary of State to consult WAG  Sale of Student Loans Act 2008 c.10  Criminal Evidence (Witness Anonymity) Act 2008 c.15 Executive and Assembly +/- resolution procedures:  Rating (Empty Properties) Act 2007 c.9  Concessionary Bus Travel Act 2007 c.13  Tribunals, Courts and Enforcement Act 2007 c.15  Statistics and Registration Service Act 2007 c.18  Regulatory Enforcement and Sanctions Act 2008 c.13  Housing and Regeneration Act 2008 c.17  Health and Social Care Act 2008 c.14  Serious Crime Act 2007 c.27 Executive and Legislative powers:  Further Education and Training Act 2007 c.25  Local Government and Public Involvement in Health Act 2007 c.28 TFO:  The Welsh Ministers (Transfer of Functions) Order 2008 No. 1786

Marie Navarro, Legal Consultant Legislation made in Wales Measure:  NHS Redress (Wales) Measure TFOs:  The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 No  The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 No. 1785

Marie Navarro, Legal Consultant WAG’s subordinate legislation 238 WAG SIs published on HMSO July to July 163 looked at by Subordinate Legislation Committee  51 referred to plenary  112 cleared 75 Not looked at by the Committee 67.5 % scrutinised Reported:  31.3% of Committee Scrutiny  21% all legislation 31.5 % not seen

Marie Navarro, Legal Consultant UK Legislation left from : Legislative and Executive devolution:  Education and Skills Bill  Local Transport Bill  Planning Bill Executive devolution only:  Climate change Bill  Dormant Bank and Building Society Accounts Bill  Human Fertilisation and Embryology Bill

Marie Navarro, Legal Consultant Draft Legislative Programme Banking Reform Bill Business Rate Supplements Bill Citizenship, Immigration and Borders Bill* Citizenship, Immigration and Borders Bill Communications Data Bill* Communications Data Bill Community Empowerment, Housing and Economic Regeneration Bill Community Empowerment, Housing and Economic Regeneration Bill Constitutional Renewal Bill Coroners and Death Certification Bill Coroners and Death Certification Bill Education and Skills Bill Equality Bill* Equality Bill Geneva Conventions and United Nations Personnel Bill Geneva Conventions and United Nations Personnel Bill Heritage Protection Bill Law Reform, Victims and Witnesses Bill Law Reform, Victims and Witnesses Bill Marine and Coastal Access Bill National Health Service Reform Bill National Health Service Reform Bill Policing and Crime Reduction Bill* Policing and Crime Reduction Bill Saving Gateway Bill Transport Security Bill Welfare Reform Bill

Marie Navarro, Legal Consultant Draft UK Legislative Programme New Legislation : 18 Bills proposed- 16 will apply to Wales: England only:  Community Empowerment, Housing and Economic Regeneration Bill  National Health Service Reform Bill England only parts:  Heritage Protection Bill  Marine and Coastal Access Bill  Welfare Reform Bill Wales only parts:  Education and Skills Bill England and Wales:  11 Bills seem to make no difference between England and Wales – 4 potential for Executive powers.

Marie Navarro, Legal Consultant Guess as to Bills devolving powers Executive Powers expected/announced:  Community Empowerment, Housing and Economic Regeneration Bill  Heritage Protection Bill  Marine and Coastal Access Bill  Welfare Reform Bill Legislative Powers?:  Education and Skills Bill (2) There is another Bill with the same title currently before Parliament  National Health Service Reform Bill – Should be England Only but maybe an opportunity to devolved Legislative Powers to NAW Bills to be monitored as not obviously in a devolved field but some executive powers were devolved in the past in similar Bills:  Citizenship, Immigration and Borders Bill  Communications Data Bill  Equality Bill  Policing and Crime Reduction Bill

Marie Navarro, Legal Consultant Welsh Legislation left from Measures: 5  Learner Travel  Learning and Skills  Healthier School Meals  Playing Fields  Recycling LCOs: 8  Environment *  Vulnerable Children  Affordable Housing  Welsh language *  Domestic Fire Safety  Mental Health Reform  Bus and Coach Services  Flags on registration plates *

Marie Navarro, Legal Consultant New Welsh Legislation New Measures: 5  WAG: Children and Poverty  WAG: Additional Learning Needs  WAG: Domiciliary Care  WAG: Local Government *  WAG: Affordable Housing New LCOs: 5  WAG: Support for Carers (previously-Jones LCO)  WAG: Culture  WAG: Foundation Degrees  WAG: Read Meat Industry*  Enterprise and Learning Committee: Traffic Free Routes

Marie Navarro, Legal Consultant Total of Legislation to be monitored Measures: 5+5 = 10 min.  Projection: 10 +(6 AMs)= 16 max. LCOs: 7*+ 4 = 11min.  Projection: 11 +1* (+6 AMs)= 18 max. Bills: 6+4 = 10 min  Projection: Framework :+ (1?) WAG: + (4?)= 15 max. SIs: 250

Marie Navarro, Legal Consultant Proposals for close Monitoring LCOs  Environment LCO  Welsh Language LCO  Mental Health (Private Member) Measures  Children and Poverty Measure Subordinate Legislation Committee Inquiry NHS Redress Regulations