I am assured that that is the case. Perhaps that will lower the temperature of the debate so that we can address the detail.
Clause 100 contains powers for the Secretary of State, by order, to prevent a proposed Assembly Measure from being submitted for approval by Her Majesty in Council. These powers are rightly constrained. The Secretary of State would be able to block a proposed measure only in certain prescribed circumstances. Moreover, the Secretary of State must have reasonable grounds to believe that those circumstances exist.
Hon. Members asked about the difference between paragraph (a), which refers to adverse effects beyond the Assembly’s legislative competence, and paragraph (b), which refers to"““a serious adverse impact on water resources””."
An adverse effect on matters beyond the Assembly’s legislative competence is an issue that we have already discussed. That could be addressed through the Counsel-General or the Attorney-General. I emphasise to the hon. Member for Meirionnydd Nant Conwy that the clause relates to Assembly Measures and their possible effect, not to a UK Department imposing some measure on Wales. There is a remote possibility that these circumstances may occur and as in the 1998 Act, we need to deal with that possibility.
The clause refers to an adverse effect on matters outside the Assembly’s legislative competence. If the process already exists whereby such an issue may be referred to the Supreme Court in the Order in Council process, the provision in the Bill would mean that if, after a Measure had been completed, a problem—possibly purely technical—emerged in relation to whether the Measure would have an impact in an area for which the Assembly did not have legislative competence, the Secretary of State could prevent it from going forward, or perhaps suggest to the Assembly that it look again at the Measure and amend it.
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.
Type
Proceeding contribution
Reference
441 c1361-2 
Session
2005-06
Chamber / Committee
House of Commons chamber
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