Constitution by Committee? Legislative Competence Orders under the Government of Wales Act (2007-2011)

Abstract

There are increasing calls for parliamentary select committees to take on additional tasks, becoming more involved in the legislative process with the aim of enhancing scrutiny of the executive. Analysis of the role of the Commons Welsh Affairs Select Committee in the process of devolving additional powers to the National Assembly for Wales under the Government of Wales Act (GoWA) 2006 highlights some of the challenges that select committees face in undertaking such work, particularly in a complex constitutional context where the aims of scrutiny are subject to conflicting interpretations. Although the referendum result in Wales on 3 March 2011 and the consequent coming into effect of Part 4 of the GoWA have rendered the Legislative Competence Order procedure largely obsolete, there are also lessons to be drawn from the Welsh Affairs Committee's experiences in the 2005–2010 Parliament about the role of select committees in providing a bridge between the devolved legislatures of the UK and Westminster.