Perhaps I can help the hon. Lady. I will try to respond to all the points that she made, but first I should give a clear explanation of clauses 60, 70 and 71. Clause 60, on the promotion of well-being, has been included so that, together with clauses 70 and 71, Welsh Ministers will have available to them the wide general powers that UK Ministers have inherently as Ministers of the Crown. That is known as the Ram doctrine, which was established, if my memory serves me right, on 2 November 1945.
Given the nature of the Welsh devolution settlement, we believe that those clauses are the best way to give Welsh Ministers comparable general powers within their responsibilities. That will remove the uncertainty that relates to section 40 of the Government of Wales Act 1998. The provisions will empower the Welsh Assembly Government to pursue a range of actions for which there is no specific statutory power.
The hon. Lady asked for certain examples of how such powers will be exercised. They could include, for example, taking action to promote sustainable development and joint working with other public bodies to improve public services. She asked about the environment, and the powers could include taking action to promote energy efficiency in Wales. Another example is collaborating with other bodies, especially in the public sector, whose functions are not devolved—for example, supporting the police in tackling drug-related issues. Hon. Members have raised such issues on a number of occasions at Welsh questions.
A further example is providing appropriate information to prosecutors—this perhaps relates to the hon. Lady’s question about the Counsel General—and regulatory bodies to assist them in considering whether to bringing cases to court. Another example is disseminating information that is of benefit to the public sector or the wider public—for example, joining in a recent campaign on responding to civil emergencies. Those are examples where Ministers do not have the power to intervene to take executive action, but those issues are in line with the responsibilities of UK Ministers. Section 40 of the Government of Wales Act 1998 gives Welsh Ministers certain powers, but these clauses will clarify their roles.
The hon. Lady asked about clause 70 and whether European law would apply to the issuing of grants, state aid and so on.
Government of Wales Bill
Proceeding contribution from
Nick Ainger
(Labour)
in the House of Commons on Tuesday, 28 February 2006.
It occurred during Debate on bills on Government of Wales Bill.
Type
Proceeding contribution
Reference
443 c146-7 
Session
2005-06
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House of Commons chamber
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