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Government of Wales Bill

The committee noted—the noble Lord was fair enough to quote this point but I want to use it as evidence for the Government’s case—that use of the new mechanism would be an incremental process, with government and Parliament deliberating at each step on proposals to confer legislative competence over specific matters. It would be for Parliament to decide on a case-by-case basis what legislative competence should be conferred on the Assembly as the draft Orders in Council come forward. The important point, which is recognised by the committee, is that each proposal for new legislative competence is subject to the necessary parliamentary approval. I recognise, and the noble Lord, Lord Crickhowell, is absolutely right, that the committee chaired by the noble Lord, Lord Dahrendorf, approached this issue with its customary due diligence and examined it very carefully. But the noble Lord will not be surprised to learn that we regard the position that the committee has taken up as one to which the Government are able fully to respond, because we are indicating that parliamentary approval is necessary at each stage. What is parliamentary approval for? Not for a Secretary of State’s arbitrary act, which was suggested by the noble Lord, Lord Crickhowell, that somehow these Orders in Council were the property of the Secretary of State. The Secretary of State for Wales is unlikely to stand idly by while issues of this moment are being discussed. Of course he would expect to be consulted; I do not know how we would think he was fulfilling his duty as Secretary of State for Wales if he were not involved. But the orders come to this House after the democratic body in Wales has decided that they should do so. If the democratic Assembly in Wales decides that they should not go forward, they do not. What can be arbitrary about that when an Order in Council mechanism is being used—but one that is actually to convey powers that a democratically-elected Assembly is seeking? That is the basis of Part 3.