Government of Wales Bill

Clauses 92 to 101 make up part 3 of the Bill, which deals with Assembly measures. We debated these provisions in detail and at length in Committee, but I was left entirely unpersuaded by the Government’s arguments about the proposals’ necessity or desirability. The House must bear it in mind that these clauses would mean that primary legislation would cease to be the responsibility of this House—or any Assembly or Parliament—and be replaced by a system of government through Order in Council. It would be difficult to imagine a more fundamental shift from the normal convention and practice in our country’s constitution, although the Legislative and Regulatory Reform Bill tries to extend the same principles to the entirety of the governance of this country, including England. It became clear in the course of our Committee debates that the Government simply did not grasp the extent of the change that these proposals would introduce. We were told that the measures were perfectly reasonable, and that Orders in Council are commonly used. I accept the latter point, but they are not used for enacting measures that are normally the preserve of primary legislation. However, that is precisely the system that we will be introducing if we allow these clauses to go through. Parliament gives power to the Executive. The Government have argued that they want to devolve power so that it is brought closer to the people, but where will that power be exercised? That is the important question, as clauses 92 to 101 make it glaringly apparent that the exercise of the power supposedly to be transferred to the Assembly will remain entirely at the discretion of the Secretary of State. For example, clause 94(7) allows the Secretary of State the right to refuse to enact a draft order proposed by the Assembly. Parliament will have an opportunity to vote on such a draft order, but will be able to see it only in draft form. We will not be able to see the order in its final form.