---

Welsh Ministers (Transfer of Functions) Order 2008

My Lords, I thank the Minister for her statement on this historic statutory instrument, which transfers to Welsh Ministers functions of a Minister of the Crown. This is the first draft instrument to be made under the Government of Wales Act 2006. As the Minister rightly said, it relates to Section 88 of the 1983 Act and Section 259 of Schedule 21 to the NHS Act 2006. The process, as a result of the Government of Wales Act 2006, transfers powers to Welsh Ministers. Previously, these functions were transferred to the Assembly. This clarifies the difference between the Executive, in the form of the Ministers, and the Assembly, which can now concentrate on scrutiny and revising. Some say that this dilutes democracy in Wales, but previously there was a lot of confusion over the role of the Assembly. As a result of the 2006 Act, Welsh Ministers can be more accountable to the Assembly, which can, if necessary, give them a very hard time. In that respect they represent the people of Wales. We approve of the principle of the transfer of powers found in this statutory instrument. The draft order relates to the provisions in the Mental Health Act 1983 regarding the movement of detained patients subject to guardianship between England and Wales and any country abroad. It also relates to Section 86 of the Mental Health Act 1983 where a patient is receiving treatment for mental illness in a hospital. This applies on the one hand to patients concerned in criminal proceedings or under sentence and on the other hand to civil patients detained in hospital. Obviously, patients involved in legal proceedings remain the responsibility of the Secretary of State for Justice, whereas the other patients will now be the responsibility of the appropriate Welsh Ministers. We support this transfer of powers, as it is entirely in line with the devolution settlements of 2006 and 1998 whereby the National Assembly for Wales was given responsibility for mental health. The line of accountability will now be much clearer. Where the restriction orders are in place, it seems entirely logical for direction to remain, for the time being, with the Secretary of State for Justice. The National Assembly for Wales and its Ministers do not have powers in relation to criminal law, although eventually this may change. Section 259 of Schedule 21 to the National Health Service Act 2006, which refers to issues relating to GP practices and the prohibition of the sale of good will, us entirely sensible. We agree with this order.