To clarify the point, I am certainly not suggesting that a Minister would be able suddenly to take on the functions of a UK Minister. I am suggesting that, if a UK Minister were in a position to assist the good people of Wales, and there was a requirement for funds to be provided, that would be possible under these clauses.
The amendments seek to remove or constrain the power to promote or improve the well-being of Wales to such an extent that it would become meaningless. It would create uncertainty over the powers of Welsh Ministers to act where there was no specific power relevant to what they wanted to do, even though it would be for the benefit of the people of their area. For the reasons that I have outlined, we believe that the power is necessary, as it has been for local government and the Greater London authority.
Amendment No. 65 would remove clause 70, which would make no sense. The power already exists for the Assembly in section 85 of the Government of Wales Act, and is being transferred to the Welsh Ministers by the Bill. The removal of the clause would restrict the ability of Welsh Ministers to carry out Executive functions.
Amendment No. 66 is unnecessary. The power in the clause is identical to one in section 40 of the Government of Wales Act. Although the provision is for the Assembly as a whole, the function in question is an Executive function, which is better carried out by Welsh Ministers. Welsh Ministers are accountable for their actions. If their actions were deemed unreasonable, they would be subject to action by the Assembly or by the Audit Committee, and potentially to judicial review.
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 c149-50 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2024-04-21 20:20:32 +0100
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