Government of Wales Bill

My Lords, I am grateful to the noble Lord for the way in which he moved the amendment, but he will recognise that the provisions contained in Clause 33 are similar to those contained in Section 31 of the Government of Wales Act 1998, which are unique to the devolution settlement for Wales. The arrangements already in place ensure that the Assembly has an opportunity to express views on proposed legislation that affects its responsibilities. Under the devolution settlement established by the 1998 Act, it has been essential for the Assembly to be consulted on the UK Government’s legislative programme, because primary legislation has in many instances conferred new executive functions on the Assembly. In addition, Bills in this current Session have included framework provisions, giving the Assembly wider and more permissive powers to determine the detail of how the provisions should be implemented in Wales—an example is the NHS Redress Bill, which has recently been scrutinised and passed by this House. Under this Bill, the consultation provision will continue to be important, as Parliament will still enact primary legislation that affects the Assembly’s responsibilities. That is why the provision has been carried forward; to enable these successful contacts to continue. The existing arrangements have worked well to date, and there is no reason why they should not continue to do so. The provision gives the Secretary of State some discretion, because there is a need for the Assembly to be able to express a view only on areas where it has some responsibility. Bills on matters for which the Assembly clearly has no responsibility, such as an Armed Forces Bill, can be excluded from the consultation. But omission from the Secretary of State’s consultation does not prevent Assembly Members expressing views on other Bills included in the Queen’s Speech during the Assembly debate on the legislative programme—in which, of course, the Secretary of State takes part. I think that that is a valued power for the Assembly. The provision concerns the legislative programme of the UK Government. The Bill rightly provides that it is for the UK Government to determine what consultation on their own programme should be undertaken. The Assembly or the Presiding Officer will not be in a position to determine what Bills are relevant to its responsibilities and, therefore, what consultation is appropriate. This could well result in a situation where the consultation becomes far less effective because, instead of concentrating on Bills that relate to the Assembly’s responsibilities, the Assembly would in practice have to require consultation on pretty well everything.