Suzy Davies, Assembly Member for the South Wales West region, has warned that the Welsh Government’s approach to primary legislation could result in unexpected law being introduced by the back door.
Speaking initially about the draft Standards for Welsh Language that were published last week, Welsh Conservative Mrs Davies said:
“We are seeing a trend for the Welsh Government to introduce bills with vague provisions about what they want that law to do. They defer the details of how that law will achieve its aims to be dealt with by regulations and other secondary legislation.
“This is a worry for people in Wales. There are clear consultation requirements for primary legislation and Assembly Members have reasonable time to scrutinise bills and to amend them. The same is not true for secondary legislation.
The Shadow Minister for Welsh Language went to say “the introduction of the Welsh language standards via regulation is a very good example. These will introduce rights and duties which Assembly Members cannot amend or discuss in any detail.
“In effect, people have very little opportunity to challenge secondary legislation and no mechanism to change it even when it directly affects them.”
“While some secondary legislation is technical and needs little attention, we are seeing more secondary legislation coming forward which is about policy and government powers rather than administration or minor matters. Some of those government powers can be extensive and, sometimes, subject to no scrutiny at all.
Mrs Davies, who was recently named ‘One to Watch’ at the Wales Politician of the Year Awards 2013 said “now that the National Assembly has full law making powers it is important that we use these powers properly.
“We have already seen the Assembly working at its very best with the organ donation bill, but also at its least transparent. The School Standards Act, the Active Travel Act, part of the Agriculture Bill all leave the important detail to regulation.
“Assembly Member increasingly challenge the government’s approach but here we are with the same concerns again with the new legislation on social services, sustainability and planning.
“The scrutiny needed to make good law is proving increasingly difficult when Welsh Government pushes more law in through the regulation back door.”
