My Lords, we support the amendment. A simple point has been made by the noble Lord, Lord Kingsland. A person may engage in litigation and say, ““I’ve won””. Then the Assembly may pass a measure that says, ““No you haven’t, you’ve lost””, because they have retrospectively changed the provision on which his claim rested.
I have read the last paragraph of the noble Lord’s letter, which says: "““In summary these provisions exist to enable the law to be clarified and to enable those who have acted in good faith not to be disadvantaged if legislation made by the Assembly or the Welsh Ministers is found subsequently to be ultra vires””."
That answers one problem, but it certainly does not answer the problem raised by the noble Lord, Lord Kingsland. People may act in good faith on a measure that has been passed and then find that the Welsh Government take a contrary view and annul its effect. It has nothing to do with it being found ultra vires. So far as the noble Lord’s amendment protects a person in those circumstances, we support it.
Government of Wales Bill
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
in the House of Lords on Thursday, 13 July 2006.
It occurred during Debate on bills on Government of Wales Bill.
Type
Proceeding contribution
Reference
684 c841 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
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2024-04-21 09:33:35 +0100
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