Government of Wales Bill

moved Amendment No. 105:"Page 91, line 39, leave out subsection (4)." The noble Lord said: My Lords, in speaking to Amendment No. 105, I shall speak also to Amendment No. 106. These amendments are the Government’s response to the Delegated Powers and Regulatory Reform Committee recommendations. They provide for affirmative procedure in Parliament to apply to any orders under Clause 161 amending or repealing paragraphs 28 to 33 of Schedule 11, dealing with the transfer of functions to Welsh Ministers, and paragraphs 47 to 48 of that Schedule, which concern the method for giving the Assembly enhanced legislative competence. I pay tribute to the work of the noble Lord, Lord Dahrendorf, and the members of the Delegated Powers Committee for their detailed and careful consideration of the Bill. As I set out in my letter notifying noble Lords of these amendments, the Government recognise that Schedule 11 gives effect to the constitutional change brought about by Parts 1 and 2. It is for that reason that we have sought to set out the transitional provisions in as much detail as possible in the schedule and therefore in the Bill. The Government accept that any amendment by order of the provisions in paragraphs 28 to 33 should be subject to the affirmative procedure. In addition, paragraphs 47 and 48 of Schedule 11 concern the power to amend Schedule 5, which sets out the matters on which the Assembly constituted by this Bill will have legislative competence. It would be consistent, since these paragraphs also relate to the conferring of powers, to make amendment of those paragraphs by order also subject to affirmative procedure. That is what the amendments will achieve. I beg to move.