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Government of Wales Bill

I am most grateful to the noble Lord for his reply. The circumstances in which concerns could arise might be, for example, where a local authority exercises a compulsory purchase order in an area which is a field under Schedule 5 for which certain matters have been set out, but under which the opponent to the compulsory purchase order alleges that no authority exists for issuing the order in the first place. There is litigation either under the statutory provisions under the compulsory purchase order legislation or by judicial review: things are moving in a certain direction in that litigation and it suddenly becomes clear to the Government that the court is likely to find against it—that the Assembly measure exceeds the vires laid down in Schedule 5. In those circumstances, will the Government at that moment exercise the retrospective power that they have under Clause 94(4) and clarify the legislation in such a way that the doubt of the compulsory purchase order is resolved by it being declared intra vires? If so, I would suggest to the Minister that that is a particularly glaring and undesirable example of the breach of the principle of the separation of powers in this country, quite apart from the principle of retrospectivity. It is that sort of situation that worries me.