Amendment 12 involves an important point of principle. It concerns the power to make a consequential amendment to existing legislation, including legislation made by the devolved legislatures. Such consequential amendments would themselves be reserved, as the Bill clearly legislates on the reserved matter of counter-terrorism. It is possible that a consequential amendment made under this provision might alter a piece of legislation enacted by a devolved legislature. In cases where that is done for a reserved purpose, proceeding without consultation is clearly permissible under, and properly respectful of, the devolution settlement, although in practice the Government would of course raise the issue as a courtesy with the relevant devolved Administration.
The issue would be different were any consequential amendments made under the Bill to fall within the legislative competence of the Scottish Parliament, the Welsh Assembly or the Northern Ireland Assembly. Amendment 12 would require the Secretary of State to consult the relevant devolved Administration before making consequential provision by regulations under clause 38 if any part of that provision fell within the competence of the legislature in question.
I should reiterate that we do not expect there to be any requirement to make such consequential provisions, and in practice, the Government would always consult the devolved Administrations should such a circumstance arise. I trust that amendment 12 will provide reassurance to right hon. and hon. Members, and to the devolved Administrations themselves, that the proper consultation will take place if required. On that basis, I ask the hon. Member for Kingston upon Hull North (Diana Johnson) not to press amendment 1, and I ask the House to agree to amendment 12.
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