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Assembly Procedures

on Tuesday, 30 July 2013. Posted in Menu Items

National Assembly for Wales and the Welsh Government

The National Assembly for Wales and the Welsh Government are two distinct organisations.

The National Assembly is the democratically elected body that represents the people of Wales, makes laws and regulations and holds the Welsh Government to account through its debates and questions to ministers. The sixty Assembly Members are elected every four years and meet in the Senedd building in Cardiff Bay.

The Welsh Government comprises those AMs who are elected by the Assembly as ministers and who form a Cabinet under the leadership of the First Minister. The Cabinet controls the Welsh Civil Service.

The Assembly decides on its priorities and allocates the funds made available to it from
the Treasury. Within its powers, the Assembly develops policy and approves legislation which reflect the needs of the people of Wales.

Wales remains part of the UK and the Secretary of State for Wales and Members of Parliament (MPs) from Welsh constituencies continue to have seats in the Westminster Parliament. Laws passed by Parliament still apply to Wales.

Following a referendum on the National Assembly for Wales’s legislative powers held on 03 March 2011, the people of Wales voted in favour of granting the National Assembly for
Wales further powers for making laws in Wales.

The powers & responsibilities of the Assembly

The Assembly has considerable power to develop and implement policy within a range of areas including:
agriculture, ancient monuments and historic buildings, culture, economic development,
education and training, the environment, Fire and rescue services, Food, health and health services, Highways and transport, housing, local government, Public administration, Social welfare, Sport and recreation, tourism, town and country planning, Water and flood defence and the Welsh language.

How the Assembly works

The essential structures and procedures for the Assembly are laid down in the Government of Wales Act 1998. The more detailed processes are set out in the Assembly Standing Orders.

The Presiding Officer

The Assembly is chaired by the Presiding Officer, who is the equivalent of the Speaker of the House of Commons and who is elected by the whole Assembly. Once elected, the Presiding Officer serves the Assembly impartially. There is also a Deputy Presiding Officer who is elected in the same way.

The role of Committees

Subject Committees

Assembly Members from all parties can voice their opinions on how the Assembly operates through Subject Committees, such as Children and Young People Committee, and Health and Social Care Committee. These Subject Committees develop policies and examine what the Assembly does. Assembly Members are elected to serve on these committees. The committee membership reflects the balance of political groups within the Assembly.

Business Committees

The Business Committee is responsible for the organisation of Assembly Business. It is the only Committee whose functions and remit is set out in Standing Orders. Its role is to “facilitate the effective organisation of Assembly proceedings”.
The Presiding Officer chairs the meetings, which are attended by the Leader of the House and a Business Manager from each of the parties represented in the Assembly. The Committee usually meets weekly when the Assembly is in session, to comment on proposals for the organisation of Government business and to determine the organisation of Assembly business in Plenary session.
The Committee may meet publicly on an ad hoc basis, to make recommendations on the general practice and procedure of the Assembly in the conduct of its business, including any proposals for the re-making or revisions of Standing Orders. These meetings are subject to the normal procedures for public meetings and members of the public are welcome to sit in the public gallery to observe them.

Plenary Meetings

Plenary meetings are attended by all Assembly Members and provide one of the key mechanisms for Members to hold the Welsh Government and Assembly Commission to account, make laws for Wales and represent their constituents. Plenary meetings take place in the Siambr, the Assembly’s debating chamber on Tuesdays and Wednesdays in public and are broadcast. The topics discussed in Plenary meetings are organised by the Business Committee and announced on a weekly basis in Plenary. A Plenary Agenda is published for every meeting. Different categories and types of business can be taken in Plenary. These include questions, debates, statements and legislative proceedings.

Questions to government Ministers or Assembly Commissioners may be answered orally or in writing. Ministers from each government department attend Plenary on a rota basis to answer oral questions. The First Minister answers questions every Tuesday. The Presiding Officer or Deputy Presiding Officer, Assembly Commissioners or other AMs with particular responsibilities (e.g. AMs proposing legislation) may also make oral statements.

Legislative Competence Orders

Legislative Competence Orders (LCOs) grant the National Assembly for Wales greater law-making powers.

LCOs are a new category of legislation, brought about by the Government of Wales Act 2006. They are a type of Order in Council which enables the National Assembly for Wales to acquire the power from the UK Parliament to legislate in a particular area for Wales. Where the National Assembly has legislative competence it can pass Assembly Measures which can do anything that an Act of Parliament can do in relation to Wales.

The LCOs that have been made and are in force are published to the National Assembly website.

The Referendum

Following a referendum on the National Assembly for Wales’s legislative powers held on 03 March 2011, the people of Wales voted in favour of granting the National Assembly for Wales further powers for making laws in Wales.

The National Assembly for Wales will now be able to pass laws on all subjects in the 20 devolved areas without first needing the agreement of the UK Parliament. The result of the referendum does not mean that the Assembly can make laws in more areas than before.

There will no longer be a need for negotiation between the governments of the UK and Wales over what law-making powers should or should not be devolved to the Assembly. The ‘yes’ vote also removes the involvement of Members of the House of Commons and House of Lords in scrutinising proposals to give the Assembly the power to make laws. Instead, the responsibility rests on the Welsh Government and the Members of the National Assembly to decide how to use the Assembly’s law-making powers.

Assembly laws will no longer be called Assembly Measures. Proposed laws will now be called Bills, and enacted laws will be called Acts. The Measures made since 2007 will continue to be called Assembly Measures and will continue to have the same legal effect. What will change is that it will not be possible to make any more Measures and new laws made by the Assembly will be called Acts. Legislative Competence Orders will no longer be necessary, as these were requests to the UK Parliament to allow the Assembly to make laws in new subjects within the 20 devolved areas.

The Welsh Government

The Welsh Government is the executive branch of the devolved government in Wales. It is accountable to the National Assembly for Wales and makes laws for Wales.

Welsh laws are officially known as Assembly Bills. They apply only to Wales and not to other parts of the UK.

The Welsh Government and the National Assembly for Wales were established as separate institutions under the Government of Wales Act 2006. The Government is referred to in that Act as the Welsh Assembly Government, but to prevent confusion about the  respective roles & responsibilities of the National Assembly and the Government, the devolved administration became known as the Welsh Government in May 2011.

The Welsh Government consists of the First Minister, usually the leader of the largest party in the National Assembly for Wales; up to twelve ministers and deputy ministers, appointed by the First Minister; and a Counsel General, nominated by the First Minister and approved by the National Assembly.

Welsh Government is elected by the people of Wales to carry out a programme of government. This involves making decisions and ensuring delivery on areas devolved to us on matters that affect people’s daily lives.

The Assembly is able to pass Assembly Bills, following from a yes vote in the referendum on the law making powers of the National Assembly for Wales.This is done by developing and implementing policies, setting up and directing delivery and governance in these key areas, such as local government and the NHS in Wales, making subordinate legislation (e.g. regulations and statutory guidance), and proposing Welsh laws (Assembly Bills).

The Welsh Government and the UK Government both look after different interests in Wales. The Welsh government is responsible for most of the day-to-day issues, for example health, education, agriculture and local government. The UK Government is still responsible for certain public services in Wales, for example, police, prisons and the justice system. Matters such as tax and benefits, defence, national security and foreign affairs are also dealt with by the UK Government.

The Welsh Government may also seek to extend the subjects on which the National Assembly for Wales can pass Assembly Bills. Different types of legislation put forward by the Welsh Government are subject to different procedures which may require scrutiny and approval by the National Assembly for Wales. These areas include education, health, local government, transport, Planning, economic development, social services, culture, Welsh language environment, agriculture and rural affairs.

You can contact the Welsh Government at the following address:

Welsh Government
Cathays Park
Cardiff CF10 3NQ
English: 0300 060 3300 or 0845 010 3300
Welsh: 0300 0604 400 or 0845 010 4400
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
www.wales.gov.uk

You can write to Ministers at:

Minister for…………
Welsh Government
5th Floor Tŷ Hywel
Cardiff Bay CF99 1NA
Cardiff

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Support for Carers in your area

  

Carers - More Information

Carers Hub

Carers Hub

Carers Hub

Throughout Cardiff there are many community Hubs where you can get a wide range of support and advice.

 

There is a Carers' specific Hub in the Vale as well that services carers from both counties

The Carers Trust are based there and you can get a wide range of information and support on issues that affect carers.

For more details look here

 

Financial Support

Financial Support

Carers and Pension

Caring for someone can have a devastating impact on Carers’ longer term pension and Carers need to be aware of their pensions as a result. To be eligible to receive a full basic State Pension, a person must have made a certain amount of National Insurance (NI) contributions towards it throughout their working life. If a person is unable to do this because they are caring for children or for a disabled, ill or frail adult, then the state will credit their contributions. However, this only happens if they claim the right benefits and take the right action.

For more information visit:

www.carersuk.org/Information/Caringforyourpension


For advice and information on all aspects of caring contact:

Carers UK’s Adviceline on:
freephone 0808 808 7777 (Wednesdays and Thursdays 10am-12pm and 2pm - 4pm) or
Email This email address is being protected from spambots. You need JavaScript enabled to view it.

Other financial support

Looking after Someone, a complete guide to carers’ rights and benefits, is available from:

Carers UK Tel: 020 7378 4999

Carers UK’s helpline - speak to an advisor for a full benefits check by ringing the

Helpline on 0808 808 7777

Age Cymru has a huge amount of information on financial support for older people.

Call their free helpline on 08000 223444 or visit
www.ageuk.org.uk/cymru/money-matters

The Pensions Advisory Service is an independent non-profit organisation that provides free information, advice and guidance on the whole spectrum of pensions, including state, company, personal and stakeholder schemes.

Call 0845 601 2923 or
visit www.pensionsadvisoryservice.org.uk

Directgov is an excellent online source of information on benefits and pensions

www.direct.gov.uk/pensions

Carers Direct also provides information on carers’ pensions and other aspects of caring:

www.nhs.uk/CarersDirect

Contact a Family Specialist Benefit Adviser

Tel: 0808 808 3555

Insight app - a great way to stay in touch and active

Insight app - a great way to stay in touch and active

The Innovate Trust has developed an easy to use app for you to download for free,

It allows families to keep in touch and their loved ones to participate in a wide range of activities and workshops

Legislation

Legislation

Disabled Persons (Services Consultation & Representation) Act 1986 section 8

This requires that, during an assessment of a disabled person, the ability of carers who provide substantial amount of care on a regular basis is taken into account.

Carers (Recognition and Services) Act 1995

This Act requires the social services authority (if so requested) to carry out a separate assessment of the carer (a “Carers’s assessment”) at the same time as it assesses the person for whom the care is provided.

The act applies both to adult and young carers regardless of the age of the person for whom they provide care.

It defines the carer as an individual who provides or intends to provide a substantial amount of care on a regular basis. For the purposes of the
Act the term carer includes people who may or may not be a relative, and who may or may not be living with the person for whom they are caring. The Act excludes volunteers who provide care as part of their work for voluntary organisations and anyone who is providing care by virtue of a contract of employment or any other contract. This would include anyone who is providing personal assistance for payment, either in cash or in kind.

Carers and Disabled Children Act 2000

This Act gives carers a ‘right’ to a carer’s assessment if they are aged over 16 years old and are providing or intending to provide regular and substantial care for someone aged over 18 years. Carers are entitled to an assessment even when the person they care for refuses to have an assessment or having had an assessment refuses to accept services.

It also includes the right for parents of children with disabilities to request an assessment

It provides the power to provide services for carers in their own right, following an assessment of their needs as well as the power to charge for those services.

The act introduced Direct Payments (i.e. cash instead of care) to parent carers, carers for their own services and young disabled people aged 16 and 17 years.

The Carers (Equal Opportunities) Act 2004

This places a duty on social care to inform carers of their right to request a carer’s assessment. It also gives the provision for a local authority to
ask another statutory authority or body (such as housing, health, education and other local authorities) to assist in planning the provision of services to carers or to provide services that may enhance the carer’s ability to provide care. The other authority must give the request due consideration.

In relation to work, training education and leisure the Act amends both the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000 by ensuring that carer’s assessments must include consideration of whether carers work, or wish to work, and are undertaking or wish to undertake, education, training or any leisure activity.

Work and Families Act 2006

The Work and Families legislation came in 2006, and allows carers of adults the same right to request flexible working as carers of children. Employers do not have to agree to the request, but must make a good business case if refused.

The Children and Young Persons Act 2008

This requires local authorities to make adequate arrangements for short break provision for Disabled Children. In addition the Welsh Assembly Government has a range of powers to inspect, regulate and issue statutory guidance in respect of local authority services under the Local Authority Social Services Act 1970, the Care Standards Act 2000 and the Health and Social Care (Community Health and Standards) Act 2003. It also has powers to direct the NHS under the National Health Services (Wales) Act 2006.

Carers Strategies (Wales) Measure

In January 2012 the Carers Strategies (Wales) Measure 2010 came into force. This legislation places a duty on the Local Health Boards to lead on preparing and implementing a carer’s information and consultation strategy. For Cardiff and the Vale the lead health Board is the University Health Board (UHB) who working in partnership with several stakeholders including, Vale Council, Cardiff Council, Vale Council for Voluntary Services (VCVS), Cardiff’s
Third Sector Council (C3SC), Third Sector representatives, Carers representatives and additional UHB services have began this work. At current a working group made up of the above have helped the UHB produce a draft outline of the strategy and what will be included.

Strategies will:

  • set out how information and guidance will be provided to carers, that will assist them in carrying out their caring role effectively; and
  • set out how carers will be consulted and involved in decisions affecting them and those they care for.

LHBs are designated as the ‘lead authority’ in the Regulations. They will be required to lead the work to develop and implement the Strategies, working in partnership with Social Services.

‘Carers and their rights: the law relating to carers’, published by Carers UK by Professor Luke Clements.
www.carersuk.org/professionals/order-publications

This fifth edition includes updates based on a number of statutory and case law developments since the last edition, implementation of the Carers (Equal Opportunities) Act 2004 and the Work and Families Act 2006, the impact of the Equality Act 2010 and coincides with the first tangible impacts of the Carers Strategies (Wales) Measure 2010.

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