UK Parliament / Open data

Government of Wales Bill

Proceeding contribution from Nick Ainger (Labour) in the House of Commons on Tuesday, 24 January 2006. It occurred during Debate on bills on Government of Wales Bill.
I would have no problem with that. In addition, there is nothing to prevent a report by the Welsh Affairs Committee on a particular Order in Council from being debated in Westminster Hall. Again, hon. Members could make a contribution in that way, which would be open to everyone. That is an alternative to the Welsh Grand Committee. The hon. Member for Beaconsfield asked how Orders in Council would be amended. Once pre-legislative scrutiny is complete, reports will have been produced by the Welsh Affairs Committee. The Welsh Assembly might also have produced a report, and there may well be minutes of the Welsh Affairs Committee or, perhaps, the debate in Westminster Hall. Those will be taken into account, along with changes or problems highlighted in the pre-legislative scrutiny. Once that has been put together, the Secretary of State will liaise with the Welsh Assembly Government to produce a finalised draft Order in Council. Then, and only then, would the Secretary of State lay the draft Order in Council in an unamendable form for the 90-minute debates in both Houses of Parliament, inviting their approval. I would expect those debates to take place on the Floor of the House, certainly in the early days of the process. That process follows the successful model, developed over a number of years, for the pre-legislative scrutiny of draft Bills, which has helped to improve those Bills and ease their passage through the House. It represents a good model to apply to the Orders in Council. The Government welcome and encourage pre-legislative scrutiny of proposals for enhanced legislative competence. At the same time, there should be flexibility in the system. I would not wish either the Welsh Affairs Committee or the Welsh Grand Committee to have their business dictated by statute, which is the implication of amendments Nos. 187 and 212. Amendment No. 187 would also set fixed time scales for the draft Orders in Council. I am not talking about proposed draft Orders in Council; it clearly refers to draft Orders in Council that have been finalised by the Assembly after pre-legislative scrutiny. The amendment would require those to be laid before Parliament for 60 days—the so-called super-affirmative procedure. As I said, there will have been ample opportunity for hon. Members to have taken part in the pre-legislative scrutiny, so there is no need for a fixed period. The hon. Gentleman did not put much emphasis on draft Measures that are attached to the draft Order in Council. I remind Members that, by their nature, the Orders in Council do not change the substance of the law. Substantive changes of law would be made by the Assembly Measures themselves. Assembly Measures will be subject to detailed scrutiny by the Assembly. That is what we term the enhanced legislative process, which part 3 is all about.
Type
Proceeding contribution
Reference
441 c1330-1 
Session
2005-06
Chamber / Committee
House of Commons chamber
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