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Government of Wales Bill

moved Amendment No. 61A:"Page 51, line 29, leave out paragraph (b)." The noble Lord said: In moving Amendment No. 61A, I shall speak also to Amendment No. 61B. Amendment No. 61A refers to Clause 94(1)(b) and Amendment No. 61B refers to Clause 94(2). These amendments are essentially probing amendments. In order to put them into context, I need to summarise what Part 3—I hesitate to say ““does””, and shall merely say, ““seeks to do””. What Part 3 seeks to do is to establish the law underlying Assembly measures. Assembly measures are defined in Clause 92. An Assembly measure can only be intra vires what will subsequently become the Act if it is within the range of a matter which itself is within the range of a field, both of which are set out in Schedule 5 to the Bill. Clause 94 (1) and (2) provide a mechanism for adding to both fields and matters contained in Schedule 5. We learn from Clause 94(1)(b) that the schedule may be amended to add a new field or vary the scope of an existing field. That power is modified by Clause 94 (2) which says that no field can be modified if the modification does not fall into a function that is already exercised by a Welsh Minister. I saw the Minister nodding so I take it that he is with me so far. My question is: what are these powers that are currently exercised by Welsh Ministers that go beyond the fields stipulated in the Bill? I beg to move.