Government of Wales Bill

moved Amendment No. 5: Page 52, line 28, leave out paragraph (b). The noble Lord said: My Lords, I shall speak to Amendments Nos. 6 and 7. The noble Baroness,Lady Finlay of Llandaff, is unable to be here; she is on Assembly business. She wishes to support the amendment and, like the noble Lord, Lord Crickhowell, sends her apologies for not being here. The amendment would delete paragraph (b) of subsection (7), which refers to giving, "““notice in writing to the First Minister of the Secretary of State’s refusal to do so and reasons for that refusal””." In Clause 95, entitled ““Legislative competence: supplementary””, subsection (7) states: "““The Secretary of State must, before the end of the period of 60 days beginning immediately after the day on which notice of the Assembly’s resolution is received””." Amendment No. 6 takes out another part of the clause, and reduces the length of time to, "““30 days beginning immediately after the day on which notice of the Assembly’s resolution is received, submit the draft to the Clerk””." It would add a new subsection to provide: "““The Clerk shall submit the draft Orders in Council for approval by Her Majesty in Council””." Amendment No. 7 reduces the period of 60 days to 30 days. The amendments relate to the process for Orders in Council and were tabled in Committee and on Report. They provide that a draft Order in Council cannot be either submitted to Parliament or rejected by the Secretary of State. They can be sent only to the Queen for approval. They were designed to liberate the Assembly from the grip of Westminster by making the process automatic, whereby the Assembly’s will can prevail. I acknowledge that this is a radical amendment to devolve more power to the Assembly, which is, after all, a democratic body, and to take that power from the Secretary of State. Everyone committed to true democracy should support the amendment, because the Assembly has been elected by the people of Wales and it is their will to put forward draft Orders in Council. There should be confidence in that elected body’s ability to do that and to be responsible. Therefore I have much pleasure in moving the amendment. I beg to move.