8 December 2017

Dear Llywydd

Supplementary Legislative Consent Memorandum – The Financial Guidance and Claims Bill

Thank you for your letter dated 6 December in relation to the above LCM, which we discussed in our meeting on 7 December.

In reporting on the initial LCM in July 2017, we sought clarity from the Welsh Government on a number of issues including their analysis of how the provisions requiring the Assembly’s consent related to devolved subject areas identified in its memorandum. In particular, how the provisions related to subject 4 Economic Development of Schedule 7 to the Government of Wales Act 2006. In replying (in a letter dated 23rd August 2017) the Government did not directly address this issue. In reporting on the LCM, we stated there was no reason why the Assembly should reject the LCM, but that Members may wish to seek clarity during the plenary debate on this outstanding issue. As the Plenary debate on the original LCM has not yet occurred, this clarification remains outstanding.

At our meeting on 7 December, we agreed to seek clarification from the Welsh Government on this outstanding issue as a matter of urgency. We will also schedule the LCM for consideration at our meeting next week, to ensure that if the LCM is referred to us for scrutiny, we are in a position to discuss it in more detail.

However, even taking this into account, as our first Committee meeting after the Christmas recess is 11 January, the current timetable would not allow us to report by 9 January. As your letter seems to indicate that it does not need to be considered by 9 January, we would suggest that the Plenary debate is moved back to 16 January, which would enable us to consider the supplementary LCM, seek clarification from the Welsh Government and report. This would still ensure scrutiny was undertaken in less than six sitting weeks.

Yours sincerely

John Griffiths AM
Chair

Croesewir gohebiaeth yn Gymraeg neu Saesneg.

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