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

My Lords, I apologise to the noble Lord, Lord Rowlands, but I think that this is the right procedure. Given that the Government of Wales Act 2006 succeeds the 1998 Act, this is a necessary order. I am grateful to the Minister for the way in which he presented the explanation of the order and for the Explanatory Notes. As the noble Lord, Lord Roberts of Conwy, said, it is a substantial document. Perhaps wisely, I took a look at it yesterday, and thank goodness I did because it incorporates so much. This is a transition from one piece of legislation to another. It is obvious that consequential amendments must be made for the new Assembly which comes into being after the election results on 3 May. I am concerned about some aspects of the process being carried out and the origins of some of the opinions and assertions stated in the Explanatory Memorandum accompanying this constitutional law on devolution for Wales and emanating from the statutory instrument. The statutory instrument is substantial. One is tempted to say that it is turgid in length. At the same time it encompasses a great deal. It incorporates the consequential amendments to a multiplicity of existing Acts of Parliament and inserts them into the context of the Government of Wales Act 2006. When one casts the net wide it incorporates the Representation of the People Act 1983, the Mental Health Act 1983, the Race Relations Act and many other Acts of Parliament. One can see why it is necessary to do that. The kindest thing to say is that it is very thorough, and so it should be. The Government of Wales Bill successfully passed through this House last summer, and it passed the test of democratic accountability as far as it goes. I shall not carp on too much about the statutory instrument, except where it appears to take within it a number of decisions and value judgments on the legislation itself. I shall refer to one or two things with which I agree and others which I question for my party. I agree with the noble Lord, Lord Roberts of Conwy, and the Minister that the separation between the Executive and the legislature is vital. We discussed that when the Government of Wales Bill was going through this place. The new Assembly is an unincorporated association. We think that is excellent; and so it should be. During the passage of the original Government of Wales Act there was strong lobbying for committees. Most of us are of a democratic inclination and wanted to see participation by the committees of the Assembly. But there is no doubt that this is a much more businesslike legislature than the one set up by the original Government of Wales Act. Other factors cause me a little concern. There is a section under Schedule 10 which refers to Ministers of the Crown. It states that, "““when the Minister of the Crown exercises the function, [it] applies to the exercise of that function by the Welsh Ministers. Where there is no equivalent Minister of the Crown function, the Assembly legislative procedure has to be specified or no procedure will apply””." I think that I gather from what the Minister said that the Assembly would be involved in this piece of decision making. The National Assembly for Wales (Diversion of Functions) Order requires very agile reading but I think I know what that is about. Some of thathas already been achieved by the Assembly. I wishto raise one or two other points. For example, in paragraph 4.8 of the Explanatory Memorandum there is a phrase that occurs twice. It says: "““However, there are a few functions that are otherwise caught by paragraph 30(1) but which it is considered should be functions of the new Assembly””." Who considered that? I assume it is the parliamentary draftsmen and draftswomen and that it comes from a legal angle. I hope that that is the case. It should be, but I would like the Minister to clarify it. That phrase appears again in the text. I hope I am right in my assumption that it stems from a legal basis. We agree particularly with paragraph 4.10 of the Explanatory Memorandum that Orders in Council should be a function of the new Assembly rather than transferred to the Welsh Ministers—to paraphrase what is said there. There are other issues which occur. However, I would say that the document threads its way through a fairly tortuous path but I think that I can make sense of it. Finally, like the noble Lord, Lord Roberts of Conwy, I find rather extraordinary the statement in paragraph 7.10 of the Explanatory Memorandum that, "““there has been no public consultation on this Order when in draft, relevant … parties have been consulted””." The Act, as the Minister said, received Royal Assent last July. Nearly nine months have passed since then. Why did the document not go out for consultation much earlier? It is very detailed and we have received it nine days before the election and the election results. I have seen this sort of thing happen under various governments. I hope that it is not deliberate and that this is not skipping around a bit and not having proper scrutiny of the statutory instrument. No doubt the Minister will attempt to reassure me on that point.