The best way to deal with that intervention, Sir Alan, is to write to my hon. Friend, because the matter is complex and relates to telegraphy, wireless and goodness knows what. If he is patient, I will respond to that point and place a copy of my letter in the Library.
As I was explaining, schedule 5 includes only those matters in which Assembly Ministers will have Executive functions. By accepting the amendment I would go against the whole premise of how schedule 5 is set out. Hon. Members will accept that only giving powers to legislate in areas where Ministers would have Executive powers is common sense. It would be nonsense to give them powers to legislate in areas where they do not have any Executive powers.
Under clause 58, further Executive functions may be transferred to Welsh Ministers. If at some point in future the Welsh Assembly Government assume Executive functions in a new field, it will be possible for schedule 5 to be amended to add that. The Bill is not intended to alter the boundaries of the current devolution settlement. It changes the structures and mechanisms, but the appropriate means of transferring new responsibilities in new fields from UK Ministers to the Welsh Assembly Government is either an Act of Parliament or an Order in Council. Under clause 58, that could include a transfer of functions order. In those circumstances, schedule 5 could be updated to enable legislative competence in respect of that field to be conferred on the Assembly. However, it should be for Parliament to agree at the time whether those responsibilities are such that it would be appropriate to enable the Assembly to acquire legislative competence in that field, too.
Government of Wales Bill
Proceeding contribution from
Nick Ainger
(Labour)
in the House of Commons on Monday, 23 January 2006.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Government of Wales Bill.
Type
Proceeding contribution
Reference
441 c1256 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
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