Government of Wales Bill

My Lords, I agree with the noble Lord, Lord Norton of Louth, that this is important. We absolutely understand the concerns raised by this amendment and agree that it requires careful consideration by the Assembly. I am sure that the Assembly Committee on Standing Orders will consider the matter seriously, and it is absolutely right that it should do so. Questions such as whether amendments that would fall outside the Assembly’s legislative competence should be ruled inadmissible in the first place, or what degree of discretion the person selecting amendments should have, are important. Neither the Scotland Act 1998 nor the Northern Ireland Act 1998 contains a similar provision, but the standing orders of the Scottish Parliament and the Northern Ireland Assembly consider the admissibility of amendments in some detail, although they do not require what this amendment would impose as a statutory requirement on the Welsh Assembly. Even before that stage, however, the Bill also contains safeguards in Clause 98, so that if any provisions of an Assembly measure appear to be outside the Assembly’s legislative competence, either the Counsel General or the Attorney-General can refer the proposed measure to the Supreme Court, or to the Judicial Committee of the Privy Council until the Supreme Court has been established. The proposed measure cannot become law when either the Counsel General or the Attorney-General can refer such questions to the Supreme Court, or at any time when the Supreme Court is considering such a reference. The Government believe that this Bill contains as much as needs to be set out in primary legislation by way of safeguards to ensure that Assembly measures remain within the legislative competence of the Assembly. If the unthinkable should occur, even if the error was made in good faith, it can be remedied. I hope that my explanation will enable my noble friend to withdraw his amendment.