Government of Wales Bill

My Lords, with great respect to the noble Lord, that makes my case a fortiori. Under our constitution, we have a double lock on all legislation, whether primary or secondary. As the Government insist that we are dealing with secondary legislation here—the noble Lord, Lord Elystan-Morgan, has confirmed that—that is a very good reason for having a double lock in this case. The Minister drew your Lordships’ attention to the case of framework legislation. Framework legislation has a double lock. There is the skeleton Bill and all the instruments under it must come to your Lordships’ House and another place for confirmation, by either the negative or the affirmative procedure. This is primary legislation clothed as secondary legislation. The Government should have had the courage to admit that, but they have not; they have chosen the subordinate course. They cannot have it both ways. If they insist that this is subordinate legislation, they must respect the conventions of our constitution and bring these measures to your Lordships’ House and another place. I should like to test the opinion of the House. On Question, Whether the said amendment (No. 36A) shall be agreed to? Their Lordships divided: Contents, 118; Not-Contents, 178.