NHS Redress Bill [HL]

My Lords, I am grateful to the noble Earl for his understanding and for his wish for further clarification of the powers being vested in the National Assembly for Wales. I trust that I can give him the necessary reassurance. The Government of Wales Bill provides for the conversion of ““framework powers””, as mentioned by the noble Earl, into enhanced legislative competence, which in this case would enable the Assembly to legislate by measure in relation to NHS redress in Wales. The conversion process is scheduled to take place around the time other provisions in the Government of Wales Bill, which replace the current Assembly with a separate executive and legislature, are implemented after the next Assembly elections in May 2007. To seek a framework power now is entirely consistent with the policy set out in the White Paper for a Parliamentary Bill such as this one to make broader provision in respect of Wales. I emphasise again that these powers are being conferred on a democratically elected body with its own rigorous scrutiny procedures. Paragraph 3.12 of the White Paper states that,"““legislation made by the Assembly is subject to scrutiny by Assembly Members using procedures at least as rigorous as those available to Members of Parliament””." If the Assembly were to use its Clause 17 regulation-making powers prior to the clause being converted into enhanced legislative competence of the new Assembly around May 2007, the Assembly’s existing procedures for dealing with subordinate legislation, involving consultation, scrutiny and debate and the opportunity to amend proposals, will apply. It is also important to recognise that a considerable degree of discussion of the policies concerned takes place in its subject committees before the draft regulations themselves are scrutinised by the Assembly. Once the framework power is converted into enhanced legislative competence of the new Assembly as the legislature, the Assembly will be able to exercise the converted enhanced legislative powers relating to NHS redress by way of Assembly measures. Those broad legislative powers will rest with the Assembly. Only the Assembly will be able to make measures and these, too, will be subject to rigorous scrutiny. The Government of Wales Bill makes provision for the procedure that must be followed in order to enact an Assembly measure. This follows the equivalent provision under the Scotland Act. I hope that I have been able to reassure the noble Earl that the framework power is legitimate, proportionate and founded soundly on democratic principles of scrutiny and debate by a democratically elected Assembly and that he will therefore feel able to withdraw his amendment.