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Government of Wales Bill

I will attempt to answer the noble Lord’s question. I suggest there are two possibilities. One is that, at the end of the day, the Secretary of State can refuse to table the order, even though it has been passed by the Welsh Assembly. If the noble Lord reads Clause 92 he will see that it states:"““A proposed Assembly Measure is enacted by being passed by the Assembly and approved by Her Majesty in Council””." So the legislative process has two stages. First, it has to be passed by the Assembly as an Assembly measure and, secondly, it has to be tabled in the Privy Council. The question I am probing is whether or not the Secretary of State for Wales has the discretion to say no to the Welsh Assembly, for one reason or another. The noble Lord is shaking his head but that is not clear. If the Secretary of State does not have any discretion, this is plainly primary legislation. If he does have discretion, and if it really is subordinate legislation, why is Parliament not engaged, as it always is when a Secretary of State has the discretion following the tabling of an Order in Council?