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Government of Wales Bill

Notwithstanding that injunction by the noble Lord, Lord Roberts of Conwy, I should like to take the time of the Committee in fully supporting this important amendment. I deeply regret that it has been necessary to bring such an amendment before the Committee, but I fully support the principle on which it is based. That principle is set out in paragraphs (a) and (b) of subsection (1), which state:"““It shall be the duty of the Welsh Assembly Government to . . . publish all Assembly legislation on its being made; and . . . establish and maintain a register of all Assembly legislation””." That is a profound principle. Quite simply, it is an aspect of the rule of law that the citizen and his advisers, be they medical or legal, must have access to the law of the land in an authentic form. Indeed, some of us will recall that in a case involving the Home Office in 2003 we were reminded by the Master of the Rolls that if the law cannot be accessed, be read by the citizen or his advisers and be known with certainty, that may lead to injustice. Like others, I have received from the Law Society and the BMA in Wales well researched analysis of the information which is currently available about the subordinate, non-statutory instrument legislation made by the Assembly since it was set up. A 100-page document has been produced. It comprises two volumes and is entitled, Finding Subordinate Legislation on the National Assembly Website. It is an important document. My comments in support of the amendment are based in part on the rule of law and in part on my understanding of the analysis of that document. As has been said, it demonstrates that very many laws made by the Assembly between July 1999 and December 2005, other than laws made by general statutory instruments, are probably inaccessible. The noble Baroness, Lady Finlay, estimated the number of laws made between those two dates at 1,200 and the noble Lord, Lord Roberts of Conwy, gave another figure of 6,000, so this is quite a problem. Having studied the document, I have to say that finding this legislation on the Assembly website—as the noble Baroness, Lady Finlay, said, it can be accessed only on the Assembly website; it cannot be found anywhere else—is a task of considerable complexity involving considerable delay. When it is found, it may be in the form of a circular or guidance setting out clarification, but in some cases the clarification is phrased in such a way that it is unclear whether the guidance is law or not law. It is even said that the circular or guidance may contain conflicting paragraphs as to its legal status. Thus, it is implied that, when it is found, there is no indication of whether the guidance has expired or whether it has been amended, repealed or superseded. I deeply regret having to make this speech. I have been a devolutionist all my life, but there is a very serious constitutional objection to this state of affairs continuing. I support Amendment No. 92 because it seems to tackle the mischief. I sincerely hope that the Minister will assure the Committee that the amendment will be given the fullest consideration by the two Governments.