Laws made in Wales need to be clearer, fully scrutinised and should not be constrained by incomplete or poor policy development, according the National Assembly's Constitutional and Legislative Affairs Committee.
The Committee was pleased to see a shared view among all those who contributed to the inquiry that legislation belonged to the citizen, and as such, stakeholders need to feel more closely involved. The fact that consultation forms such a prominent part of modern government though does not necessarily mean that it is seen as an effective method of influencing developing legislative policy.
The Committee highlights the advantage of pre-legislative scrutiny as not only an opportunity for the Welsh Government to satisfy the Assembly that a proposal is ready to be introduced as a bill; it is also an opportunity for stakeholders to contribute early to the policy development process.
It highlights examples where framework bills have been introduced, where not enough detail is placed on the face of the bill, but added through subordinate legislation, often in the form of regulations that are not subject to the same standard of scrutiny as the bill itself.
Concerns were also raised about the amount of time and opportunity Assembly committees were given to examine Bills. The National Assembly is a unicameral legislature, meaning that laws are scrutinised and debated in a single chamber. Whereas at the UK Parliament, bills are considered by both the House of Commons and the House of Lords, allowing for more in-depth scrutiny.
The Committee therefore believes that the addition of a compulsory Report Stage would add value to the scrutiny process and lead to improvements in the quality of law the Assembly produces.
Finally the Committee believes laws should be easier to understand with clear language, particularly in a bill's explanatory memorandum, consolidation of the Welsh Statute Book, meaning legislation in a certain area is not spread across multiple Acts, and easy access to legislation. Currently it considers there to be a gap between what is commercially available and what the general public can see.
"Respect for the legislative process is key to the rule of law," said David Melding AM, Chair of the Constitutional and Legislative Affairs Committee.
"With events such as the St David's Day Agreement and the forthcoming Wales Bill in London, the legislative differences between Wales and the rest of the UK are becoming more and more apparent.
"It is vital then that the National Assembly has the time and tools to ensure such laws are of the highest possible standard.
"While the Committee did not uncover any serious dissatisfaction with the performance of the Assembly in relation to the passage of legislation overall, we did have some concerns.
"As a unicameral chamber, it is the critical that the Assembly has sufficient time and opportunity to consider in detail and add value to a proposed law, so we would like to see a compulsory report stage, and highlight the importance of pre-legislative scrutiny.
"It is also critical that people have the opportunity to shape these laws and see the benefit of their contribution. Therefore, clear, consolidated laws based on sound, well-thought-out policy are essential as Wales moves into this new phase of devolution."
