Wales Office - HM Government - Draft Wales Bill - Cm. 8773


Book Description

The draft Wales Bill is presented for pre-legislative scrutiny. The Bill implements almost all of the recommendations from the first report from the Independent Commission in Devolution in Wales (the Silk Commission) on the devolution of tax and borrowing powers to the National Assembly for Wales and the Welsh Government. This paper includes English and Welsh language texts of the draft Bill, explanatory notes and a summary impact assessment




HC 449 - Pre-Legislative Scrutiny of the Draft Wales Bill


Book Description

Due to the compressed nature of pre-legislative scrutiny, the Committee was not able to cover all provisions in the draft Bill in detail. Evidence covered a number of areas, but the three main aspects of the draft Bill that were raised, and on which this Report focuses, are: the transition to a reserved powers model; the reservation of criminal and private law and the necessity tests; and the consenting arrangements. The majority of witnesses have suggested improvements to the draft Bill. Some of these, such as replacing the "necessity" test with a test that is clearer and has a lower threshold, and that in relation to Ministerial consent, that the UK Government transfers to the Welsh Ministers all Ministerial functions in areas of devolved legislative competence, the Committee have been able to agree upon. Some of the evidence received raised other important and relevant issues; in particular many witnesses proposed a form of distinct legal jurisdiction. This issue may not have been apparent to all potential witnesses at the outset of the inquiry, so the Committee cannot be confident they received all relevant evidence on this important subject. They now ask the Secretary of State to reflect on the recommendations. There is a growing body of Welsh law that differs from that which applies in England, but the implications of this requires careful scrutiny. The Committee shares the view of the Silk Commission, that the UK and Welsh governments will need to continue to review the issue of a separate or distinct Welsh jurisdiction




House of Commons - Welsh Affairs Committee: Pre-Legislative Scrutiny of the Draft Wales Bill - HC 962


Book Description

The draft Wales Bill was published following the recommendations of the Silk Commission in November 2012. It sets out to devolve tax and borrowing powers to the Welsh Government and National Assembly for Wales, make changes to the electoral arrangements of the National Assembly for Wales, and clarify and update the devolution settlement. The Government hopes that the provisions in the draft Wales Bill will enable devolved governance in Wales to become more accountable. The cross-party Committee believes partial devolution of income tax to the Welsh Government should be put to the people of Wales in a referendum. The cross-party Committee also has sympathy with the argument that the issue of "fair funding" must be resolved before any income tax powers are devolved so that Wales is not unfairly disadvantaged. The issue of fair funding - how the size of the block grant from the UK Government is determined, currently by the Barnett formula which has long been criticised as providing an unfairly low allocation to Wales - needs to be examined and should not wait until after the 2015 General Election. The National Assembly for Wales should have power to decide its own Assembly term length, rather than this being decided at Westminster. The Committee recommends the clause in the draft Bill which permanently extends the length of the Assembly from four to five years should be scrapped and replaced with provisions that give the National Assembly the powers to determine the length of its own electoral term.




Draft Wales Bill


Book Description




Administrative Justice in Wales and Comparative Perspectives


Book Description

This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.




Text, Cases and Materials on Public Law and Human Rights


Book Description

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).




Devolution in the UK


Book Description

Covering the impact of austerity, Brexit, the Scottish Independence Referendum and the collapse of the Northern Ireland Executive, this book discusses how wider national developments shape and are shaped by the process of devolution in Scotland, Wales, Northern Ireland and England, assessing its impact on politics, policy and public administration. Drawing together extensive scholarship on devolution, Devolution in the UK compares the similarities and differences between the different devolved nations, and tackles key questions: - Where did devolution come from, and what does its future look like? - What are the most effective devolution systems, and what are their benefits? - Why does Wales have fewer devolved powers than Scotland and Northern Ireland? - What impact will Brexit have? - Why are national identities, symbols, languages, flags and culture so important? Spanning the introduction of devolution in 1988 to the present, this is essential reading if you are studying devolution, one of the country-specific political systems, or interested in UK politics as a whole.




Public Law


Book Description

Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject. Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario (included at the start of each chapter) to set it into a practical context. While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case law in each area; 'Counterpoint' boxes flag alternative viewpoints and areas of debate; and 'Pause for reflection' boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead. Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university and beyond. Digital formats and resources This third edition is supported by online resources and is available for students or institutions to purchase in a variety of digital formats. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - Online resources to support the book feature multiple choice questions, guidance on approaching and analysing the real life scenarios in the book, legal updates, and links to useful material elsewhere on the web.




The Changing Constitution


Book Description

The Changing Constitution provides concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform.




The Draft Charities Bill


Book Description

Draft Charities Bill : Vol. 3: Written Evidence