Government of Wales Bill

These amendments are really probing amendments in respect of amendment of schedule 5, scrutiny of which has just been completed. In truth, I have tabled them to explore the extent of the legislative competency envisaged for the Assembly Measures and to invite the Minister fully to explain the scope for extending the Assembly’s powers, using the fields outlined in schedule 5. As I understand it, the legislative competence orders as described by the Minister in his explanatory letter of 17 January would add a matter to schedule 5. However, the schedule, which contains 20 fields, is an imprecise document. The Government chose to go into detail in field 13, on the National Assembly for Wales. For example, it contains matter 13.1, on the creation and conferral of functions, matter 13.2, which deals with similar provisions, and matters 13.3 to 13.6. However, the other fields have been left completely blank, as the Minister knows. That is tantalising, is it not? The moment one leaves such fields blank, the curiosity of the average politician is understandably aroused. The examples that the Minister so obligingly sent us, to show how this provision would function, included that of the public services ombudsman and one relating to transport. He said that the Assembly would not have been able to pass measures relating to such matters before enactment of this legislation. That sets aside the fact that we already have primary legislation on these two examples, but that should not cloud the issue. I believe that the Minister chose them—I hope that he can confirm this—because they happened to be before the House. So in a sense this is a red herring—these are simply the examples that he has used. He did say that they are based on cases where the Assembly could not have legislated within its existing powers. It would appear that there will be no check or balance if the Bill goes through. Field 10, for example, covers all highways and transport matters, and field 14 is headed ““public administration””, and those would, presumably, cover the other field for the example that the Minister gave. Those two fields would be prayed in aid for the two measures. I gather from the Library that the addition of those two areas over and above the devolved subjects in schedule 2 to the Government of Wales Act 1998 and the subsequent amendments made by S.I. 1999/672, S.I 2000/253, S.I. 2000/1289, S.I. 2000/1830, S.I. 2001/3679 and S.I. 2004/3004 enhances the competencies of the Assembly above what was previous envisaged. Some of that is laid out in devolution guidance note 11, but I think I am correct in saying that that has not been fully updated. Some obvious changes derive from some of those statutory instruments. We have mentioned fire and rescue services, and there is the addition of rural development. Other areas are transport—field 10—public administration, and field 15, which is on social welfare. That, I think, is supposed to be equivalent to what used to be called social services. ““Social welfare”” draws the category much wider. I would be grateful if the Minister gave us the history of the variations and outlined the reasons for the extensions and variations to the powers of the Assembly. I appreciate that some will be introduced functions.