The Senedd’s Legislation Justice and Constitution Committee (LJCC) yesterday published their report on the Welsh Government (WG) supplementary legislative consent motion (SLCM) regarding the Children’s Wellbeing and Schools Bill.

This latest LJCC report again criticises Welsh government’s approach of trying to “piggyback” onto Westminster’s CWS Bill rather than develop its own approach and legislation if required.

It concludes:

“These comments from the Cabinet Secretary highlight that the Welsh Government’s use of a Bill progressing through the UK Parliament can cause the Welsh Government difficulties in handling that would not arise if it was introducing its own Bill to the Senedd”.

“This predicament for the Welsh Government sits alongside the disadvantages placed on Senedd Members, stakeholders and citizens in Wales caused by such a legislative approach”.

“Furthermore, using a UK Government Bill to make provision regarding devolved matters which is scrutinised by the UK Parliament (and with the Welsh Government not having control of any amendments) could pose risks to the quality of law that will apply in Wales”

With the LJCC closes by confirming that:

“Our views remain as set out in our first report at paragraphs 55 to 60”

The views of the LJCC in that first report were, for example:

• The “way to achieve outcomes that are in the best interests of Wales is to legislate by means of a Bill introduced to, and scrutinised by, the Senedd”.

• That instead of “piggybacking” onto Westminster’s CWS Bill, the Senedd using its devolved powers to create its own legislation would allow committees to give “detailed consideration” and “recommendations” to “all the regulation-making powers being delegated to subsequent Welsh Ministers” in future administrations.

That the appropriate use of devolved powers would enable consideration of  

• “the level of detail” and the “extent of the powers being delegated”, including  “how the Cabinet Secretary would intend to use them and an assessment of how they could be used”.

The process of piggybacking onto Westminster’s legislation and then relying on secondary legislation was further criticised, with the LJCC stating:

•  “The Senedd and its elected Members will face voting on instruments subject to the affirmative procedure on an ‘all or nothing’ basis because subordinate legislation is not subject to line-by-line scrutiny and is not amendable”. “Furthermore, the time available for scrutiny of subordinate legislation by Senedd Committees and Senedd Members is limited”.

Criticism of Welsh Labours attempt to tag onto Westminster’s Bill instead of developing its own approach was continued with the comment

• “We believe that, at the very least, it should have been possible to legislate in parallel with the UK Government to enable Members of the Senedd to have a greater say on legislation relating to children in Wales”.

In the interests of protecting devolution and the children of Wales, it is essential to vote against applying Westminster’s CWS Bill to Wales.