Government of Wales Bill

Indeed. The hon. Gentleman is quite right. I now wish to explain how the Orders in Council would be used to amend schedule 5. If a transfer of functions order transfers Executive power from a UK Minister to a Welsh Assembly Minister, hon. Members may ask why there should not be a requirement to add that field to schedule 5. I do not propose this, but let us bear in mind the earlier debate about energy. If Executive functions were to be transferred from the Department of Trade and Industry to the Assembly Minister responsible for that issue—I imagine that it would be Andrew Davies—the transfer of functions order would clearly set out what was being transferred to the Assembly. One might argue that the logic is that the transfer of function order should also include the order that would also give the power to legislate. However, the Orders in Council give the powers to the Assembly to legislate whereas the transfer of function order is from Minister to Minister. That is why we would still have to have a separate Order in Council giving the Assembly the responsibility to legislate. The Executive function must be transferred—that is the first thing that must happen. That would trigger the field being added and then, in the fullness of time, an Order in Council would set out the legislative transfer.