Government of Wales Bill

Because they voted for a Labour Government and a Labour manifesto. Amendment No. 5, which was tabled by the Conservatives, deals with Assembly resolutions to ask Parliament to pass legislation on devolved matters, but it would not change the legal effect of the Bill. There is nothing in the Bill to prevent the Assembly from making such a resolution. While Parliament passes legislation, it is for Government to introduce it, so the Government’s role could not be circumvented and the amendment is not required. In addition, I remind Members of the provision in clause 33 whereby the Secretary of State is required to consult the Assembly about the Government’s legislative programme. The Assembly can use the consultation to ensure that the Secretary of State is aware of matters that it wishes to be dealt with in primary legislation affecting Wales, whether or not the Assembly has competence to make Assembly Measures on those matters. There is therefore no need for the amendment. Turning to new clause 3, I have made it clear throughout the progress of the Bill that pre-legislative scrutiny of proposed Orders in Council under clause 94 should be at the discretion of Members of Parliament and of Assembly Members. It is worth maintaining flexibility, rather than specifying requirements for joint scrutiny in the Bill. It is worth noting, too, that the House of Commons already makes provision for the Welsh Affairs Committee to undertake joint inquiries with Assembly Committees under Standing Orders Nos. 137A(1)(a) and 137A(3). That arrangement has led to successful pre-legislative scrutiny of a number of Wales-only Bills, so we do not require any further legislation. The right way forward is to allow Parliament to work with the Assembly to develop that successful model further, rather than establish over-prescriptive requirements in legislation. The way in which pre-legislative scrutiny is carried out is usually left to Parliament to decide, rather than being specified in legislation. Standing Orders, not legislation, are the appropriate means of dealing with that. Amendment No. 7, which was tabled by the Conservatives, would prevent Orders in Council that amend schedule 5 from being made before the Assembly election in 2007. The Bill provides for the early commencement of clauses 94 and 95 so that clarifying amendments can be made to schedule 5 before general commencement, should that prove necessary. For example, if one of the descriptions of fields or matters in schedule 5 is found to be insufficiently clear, an Order in Council under clause 94 could be proposed to clarify the extent of the field or matter. I am quite happy to place on record the fact that it is not intended that such Orders in Council should be used to confer wholly new legislative competence on the Assembly in advance of general commencement of the Bill following the 2007 election. Although the Bill provides that sections 94 and 95 will come into force on the day on which it is enacted, in fact, we would not carry out any functions under those sections for a period of two months following Royal Assent. Under amendments Nos. 59 to 61, which were tabled by the hon. Member for Cardiff, Central (Jenny Willott), Parliament cannot be written out of the process of approving draft Orders in Council. The hon. Member for Beaconsfield (Mr. Grieve) was quite right—the amendments would mean that there would be no parliamentary scrutiny of Orders in Council. It is not acceptable for the Assembly to vote itself additional powers. It is for Parliament to decide whether it is appropriate to confer legislative competence on the Assembly. Parliament has the right to legislate in relation to Wales, so it has the right to decide whether to allow another legislature to do so. Amendments Nos. 60 and 61 would leave the Secretary of State with a vestigial role in the process. He or she would receive notice of a draft Order in Council approved by the Assembly, but he or she could do no more than sit on it for up to 30 days before having to return it to the Clerk of the Assembly, who would submit the draft Order for approval by Her Majesty in Council. There would not be any scrutiny by Parliament. The amendments illustrate the dangers of starting to unpick the Bill’s provisions. If the Assembly could give itself legislative competence, what opportunity would there be to challenge it? I assume that the 30 day-provision is designed to cater for that, but it is a most unsatisfactory way of tackling the issue. I therefore urge hon. Members who have tabled amendments in this group not to press them any further.