The Constitution Series: Legislative Consent Motions

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Quick Guide

The Constitution Series:
6 – Legislative Consent Motions

Quick Guide November 2011

What are they?

Although the Assembly has the power to legislate in any of the areas specified in the 20 Subjects of Schedule 7 to the
2006 Act, 1 the UK Parliament retains the authority to legislate on any issue relating to Wales whether devolved or not.
However, in circumstances where the UK Parliament wishes to pass laws that relate to a devolved area, convention
states that it must first seek the Assembly’s permission (or consent) before doing so.

This convention is enshrined in the Memorandum of Understanding and Supplementary Agreements (the MoU)
which outlines the principles of co-operation underpinning the relationship between the UK Government and the
devolved administrations. In relation to parliamentary business the MoU states that:

… the UK Government will proceed in accordance with the convention that the UK Parliament will not normally legislate
with regard to devolved matters except with the agreement of the devolved legislature [RS emphasis]. The devolved
administrations will be responsible for seeking such agreement as may be required for this purpose on an approach from the UK
Government.2

The way in which the Assembly provides or refuses to provide such agreement is by considering and voting on a LCM in
Plenary.

By giving its consent through a LCM, the Assembly in effect agrees that the UK Parliament can temporarily legislate in a
specific area on its behalf through a particular Bill. Should the Assembly decide not to give its consent, convention
requires the UK Government to remove or amend the clauses identified in the LCM and accompanying memorandum
from the Bill in question.

When are they required?

Under Standing Order 29, the Welsh Government is required to bring forward a LCM and an accompanying
memorandum in relation to any UK Bill that makes provision within the legislative powers of the Assembly (that is,
within the 20 Subjects of Schedule 7 to the 2006 Act) or that negatively effects those powers. The LCM and
memorandum must be laid before the Assembly “normally no later than two weeks”3 after the introduction of the Bill in
Westminster.

1 Further information about the legislative powers of the Assembly are available in the Research Service Quick Guide: Legislative Powers of the
National Assembly [accessed 20 October 2011]
2 Welsh Government, Carwyn Jones AM (First Minister), Memorandum of Understanding, 29 June 2011 [accessed 18 October 2011]
3 National Assembly for Wales, Standing Orders of the fourth Assembly, July 2011, Standing Order 29.2 [accessed 20 October 2011]

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Further detailed guidance on when LCMs are required to be brought forward before the Assembly by the Welsh
Government is included in paragraph 17 of Devolution Guidance Note 9: Post-Primary Legislation affecting Wales
issued by the Cabinet Office.

Due to the nature of the UK Parliament’s legislative process however there may be instances where supplementary
LCMs are required as a Bill is altered during parliamentary scrutiny to include provisions relating to devolved areas. As a
result it may be possible for the Welsh Government to bring forward more than one LCM in relation to a single Bill as
different provisions are added to it following different parliamentary stages.

LCMs are not required where an UK Bill enhances the legislative powers of the Assembly or impacts significantly on the
executive powers of Welsh Ministers. In such circumstances Standing Order 30 requires the Welsh Government to lay a
written statement notifying the Assembly of the provisions included in the UK Bill.

Scrutiny of LCMs in the Assembly

Standing Order 29 requires the Assembly to consider and vote upon every LCM tabled by the Welsh Government.

The Standing Orders for the fourth Assembly allow the Assembly’s Business Committee to refer a memorandum
accompanying a LCM to an Assembly committee for further consideration prior to the Plenary debate. In referring the
memorandum, the Business Committee is also required to establish and publish a reporting timetable. Once the
committee’s report is published, the Assembly may then debate and vote upon the motion in Plenary.

These processes reflect the practices adopted by the Scottish Parliament since 2005 and are slightly different to the
procedures used in the third Assembly where the Business Committee was unable to refer memorandums to
committees. LCMs were instead subject only to a short (usually 15 minute) debate and a vote in Plenary.

During the third Assembly a total of 16 LCMs was considered. The Scottish Parliament in contrast considered 30 LCMs
during the same period. The relatively small number of LCMs considered by the third Assembly however may be
attributed to the limited nature of the Assembly’s legislative powers under Part 3 of the 2006 Act.

All of the LCMs considered during the third Assembly were approved by the Assembly, apart from one LCM relating to
Police and Crime Panel provisions in the Police Reform and Social Responsibility Act 2011,4 which Assembly Members
declined to approve on 8 February 2011.5 This was the first time that an LCM was not agreed by a devolved institution
in the UK.6

LCMs considered by the Assembly during the fourth Assembly are monitored by the Research Service on the
Assembly’s website.

4 Police Reform and Social Responsibility Act 2011 (chapter 13) [accessed 20 October 2011]
5 RoP, 8 February 2011 [accessed 20 October 2011]
6 The UK Government altered the relevant provisions in the Bill so that Assembly consent was not needed.

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Further information

For further information on The Constitution, please contact Alys Thomas ([email protected]) or Owain
Roberts ([email protected]), Research Service.
See also:
 The Constitution Series: 1 – Wales in the United Kingdom
 The Constitution Series: 2 – The Presiding Officer and the Deputy Presiding Officer
 The Constitution Series: 3 – The Assembly Commission
 The Constitution Series: 4 – The First Minister and Welsh Ministers
 The Constitution Series: 5 – The Counsel General
 The Constitution Series: 6 – Legislative Consent Motions
 The Constitution Series: 7 – Subordinate Legislation
 The Constitution Series: 8 – The Welsh Seal and Letters Patent
 The Constitution Series: 9 – Assembly Acts and the Legislative Process
 The Constitution Series: 10 – Legislative powers of the National Assembly
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The Research Service has produced this Quick Guide for the benefit of Assembly Members and their support staff. Authors are available
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Enquiry no: 11/2134
Owain Roberts

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