The Proposed Amendment Of Schedule 7 To The Government Of Wales Act 2006

On 3 March 2011 the voters of Wales will be given an opportunity to decide, in a referendum, whether the National Assembly for Wales should assume primary law making powers under Part 4 of the Government of Wales Act 2006. Schedule 7 to the Government of Wales Act would be at the heart of the new constitutional settlement if the referendum vote is affirmative. Prior to the referendum, the Government has proposed amendments to Schedule 7 in the draft Order: the National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010, laid before Parliament on 21 October 2010. The Committee believes that it is essential that the House is clear about what it is agreement to in approving the draft Order. This report outlines the context in which the Order is being put forward, the nature of the amendments proposed, and the extent of the legislative competences which the National Assembly would enjoy if it came into effect. While there would remain a few ambiguities and loose ends in the definition of the Assembly's powers under Part 4 of the Government of Wales Act, the Committee sees no impediment to the House approving the draft Order. The amendments to Schedule 7 are unlikely to be the last word on the shape and nature of the constitutional arrangements for Wales and the Committee has sought and received assurances that Parliament and the Welsh Affairs Committee will be properly involved in the examination of any future changes to them.

Government response to HC 603, session 2010-11 (ISBN 9780215555380)

Draft National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 : Tuesday 23 November 2010

Enabling power: Government of Wales Act 2006, s. 109 (1). Issued: 21.10.2010. Made: -. Laid: -. Coming into force: In accord. with art. 1. Effect: 2006 c. 32 amended. Territorial extent & classification: UK but practical application is limited to Wales.. For approval by resolution of each House of Parliament. Superseded by S.I. 2010/2968 (ISBN 9780111504901)

Additional written evidence is contained in Vol. 2, available on the Committee website at www.parliament.uk/welshcom

In the Committee's report on broadband services it considers that the UK and Welsh Governments must work together and use all means available to bring broadband services in Wales up to speed with the rest of the UK, and eradicate broadband "slow spots" and "notspots" as a matter of urgency. Both Governments should consider promoting mobile and satellite technologies, particularly in remote areas of Wales in order to deliver this and not rely solely on rolling out fibre optic cabling. The availability of broadband has been consistently lower in Wales than the rest of the UK and although that gap has narrowed in recent years latest figures show the gap is widening again. The existence of notspots an slowspots has hindered existing businesses and deterred new businesses from choosing to locate to Wales - to the cost of the local economy.The Welsh Government's target is a commitment to provide all Welsh businesses with access to next-generation broadband by "the middle of 2016". The Committee also says that both Governments must ensure that the roll-out of superfast broadband is not achieved at the expense of delivering a good broadband service for all. The Committee recommends that Ofcom undertake a study to evaluate whether satellite broadband should be supported more vigorously in Wales; the delayed Spectrum auction, now planned for 2013, must ensure that 4G mobile services are available to at least 98% of people in Wales; and Ofcom must continue its efforts to open up access to infrastructure in Wales. BT's market power must be regulated effectively to ensure efficient operation of the market.

Shale gas represents an opportunity for Wales but it must not come at the expense of Wales's natural environment. Both the UK and Welsh Governments must consider environmental risks, including the traffic and noise caused by commercial shale gas operations as well as the visual impact and other environmental risks associated with fracking. The issue of treatment, transportation and disposal of wastewater is a growing concern: toxic and radioactive water must not be allowed to contaminate water courses. The Government forecasts that nearly 70% of the UK's gas supply will be imported by 2025. It is vital that the UK identifies new sources of gas if it is to safeguard the UK's security of supply. Shale gas production across the UK is currently at the exploratory stage and there is no good data yet on the amount of shale gas in Wales. Should considerable reserves of shale gas be present-as industry representatives predict-it could be a decade before a viable shale gas industry is created in Wales. The UK Government and the Welsh Government should work with commercial companies and others to provide a reliable range of estimates of shale gas available in Wales and assess the overall impact of shale gas supply on the level and mix of energy produced in Wales and the UK. The Welsh Government should also begin to consider how the employment opportunities presented by shale gas production could be maximised

Consumer advocacy plays an important part in the Welsh economy. Organisations including Consumer Focus Wales and Citizens Advice represent consumers' interests in their dealings with businesses, industry regulators and the UK and Welsh Governments. A significant aspect of their work is to ensure that consumers receive a fair deal in their daily lives. Advocacy is particularly important to those termed the most vulnerable in Welsh society. The Government announced its plans in October 2010 to abolish Consumer Focus Wales and to transfer some or all of its functions to Citizens Advice Cymru. The final decision will be taken once Ministers have considered the findings of the public consultation. But this delay has caused on going uncertainty and the Committee calls on the Government to publish without delay its detailed plans. MPs are not wholly persuaded by the Government's reasons for abolishing Consumer Focus Wales, but recognise that given the current financial situation there is a strong case for examining whether consumer interests are represented in the most efficient and cost-effective way. However, the Government should provide guarantees that the best features of Consumer Focus Wales are protected in any successor body, including: statutory independence from interference by ministers or its parent organization; a "Welsh focus" and the present level of funding. As consumer matters fall increasingly under the responsibility of the National Assembly for Wales, the committee calls for a review, on whether to devolve responsibility for consumer affairs to the National Assembly for Wales and that The Commission on Devolution in Wales should consider this matter when it reviews the powers of the National Assembly for Wales