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Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007

My Lords, I am grateful to the Minister for setting out the main provisions and significance of the order before us today. The access to election documents regulations we are to discuss separately are relatively short, but the modifications and transitional provisions order is much longer at54 pages, including the excellent Explanatory Notes. Both statutory instruments merit close scrutiny, examination and explanation, which they have hadto a substantial extent in last week’s discussion inthe other place. However, I welcome the further opportunity for an exchange of views that your Lordships have today. The order is not quite as long as the 277-page behemoth that we had the pleasure of discussing earlier this year, but at 54 pages of somewhat complex detail it remains an arduous read. At a quick count, the order makes amendments to more than 30 different Acts of Parliament, and covers a vast amount of ground in implementing the Government of Wales Act 2006, the main effect of which, as the Minister said, is to separate the assembly legislature from the Executive: the Welsh Assembly Government. This involves an extensive transfer of functions, mirrored in this order by the frequency of the modification, "““for ‘National Assembly for Wales’ substitute ‘Welsh Ministers’””." I do not know if I am alone—I doubt it—but I often wonder whether the Welsh electorate or the National Assembly fully realise the magnitude and radicalism of the changes they will face after the election on3 May, when the new Act’s provisions introduce new-style devolution. Out goes the corporate Assembly, and in come the legislative Assembly and Assembly Government. Public reaction to the change depends on the conduct of the Assembly Government that follows the election. There is currently wide speculation as to what kind of Government that might be. Almost every conceivable form of coalition is ruled in, and I must not add to speculation in this intensive pre-election period. As noble Lords will be aware, however, we Conservatives are committed to making devolution work successfully in Wales. We recognise that there is no turning back the clock on devolution and want to see it progress and improve people’s lives. The separation of legislative and executive power makes sense and is a real step in the right direction. We welcome the new provision in this order to enable the Assembly to approve or disapprove of secondary legislation, thereby ensuring the accountability ofthe originating Ministers. We also appreciate the importance of the slightly mystifying diversion of functions order, which again ensures that Ministers are answerable to the Assembly where appropriate, as described in the Explanatory Memorandum. I said a few moments ago that the people’s reaction to the new powers conferred by the Government of Wales Act 2006 depends on the conduct of the new Government. It also depends a great deal on the conduct of the new Assembly as legislature, holding Ministers to account, scrutinising proposed Assembly measures and parliamentary legislation affecting Wales. If it does this well—I hope that it does—it may be, in the fullness of time, that the electorate will develop sufficient confidence in the Assembly to require a referendum to be held on further legislative powers. I am not opposed in principle to such powers being granted to the National Assembly, but I firmly believe that they should be granted only with the full approval of a referendum of the people affected by the exercise of such powers. As the Minister has outlined, the order before us makes consequential amendments to various piecesof legislation in Schedule 1, and some transitional provisions in Schedule 2. These provisions are made under Schedules 10 and 11 respectively of the Government of Wales Act, as the Minister told us, and flow from the provisions within the legislation that formally separate the legislature from the Executive in Wales. I shall not dwell in detail on either the consequential changes to legislation or the transitional arrangements, which have been amply covered in the Explanatory Notes and Memorandum as well as ministerial speeches here and in another place. However, I have a number of particular points and would be grateful if the Minister could address them. First, can the Minister expand a little on the consultation procedures that have been followed for this order? Paragraph 7.10 of the Explanatory Notes to the order states that there has been no public consultation but that ““relevant interested parties”” have been consulted. Could the Minister briefly explain why it was felt that no public consultation was necessary, and tell noble Lords which ““relevant interested parties”” were consulted and how they were selected? Secondly, what are the anticipated costs of the transitional provisions? As I have said, I welcome the separation of the legislature and the Executive and the creation of an administrative commission within the National Assembly. These are major changes. Life at the National Assembly will never quite be the same again. Of course, there will be a period of bedding in for these new arrangements and it may be difficult to estimate final costs, but are there currently any estimates of what the transitional aspects of the order before us today will cost the National Assembly? Ultimately, we are talking about tax-payers’ money and I am sure that noble Lords can all agree that we should aim for the highest degree of transparency where spending public money is concerned. Finally, can the Minister assure us that thereare no hidden or obscure transfers of powers from Westminster to Cardiff, notably in Schedule 2? I have sought to be thorough in my examination of the order but I by no means claim infallibility, and seek an assurance from the Minister that there is nothing recondite by way of a transfer of power from here to Cardiff in this order. Assuming that these points are addressed by the Minister in his usual clear, concise and eloquent fashion, we will be content to let the order proceed.