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National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010

I apologise to the Deputy Chairman and to my noble friend. I should have given way, but in due course I will listen to the points he makes and am confident that I will be able to respond to them. The draft order was subject to pre-legislative scrutiny. The Government are grateful to the committees for their thorough scrutiny and for their helpful reports. This House’s Constitution Committee considers that the LCOs raise no issues of constitutional principle. Both the Welsh Affairs Committee and the National Assembly Committee requested that the Explanatory Memorandum makes clear that those with a current or previous diagnosis of mental disorder are included within the scope of matter 9.2, as well as those without diagnosis. The Explanatory Memorandum confirms that position at paragraph 7.14. The Welsh Affairs Committee, in its recommendations, correctly noted that it is not the intention to disapply in Wales the right to an independent mental health advocate for those subject to compulsory powers under the Mental Health Act 1983. The committee suggested that the drafting of the LCO should be amended to make that clear. The drafting has been carefully reconsidered by Jonathan Morgan, the Welsh Assembly Government and the United Kingdom Government in the light of the committee’s suggestion. It was decided on balance not to modify the LCO to exclude from competence advocacy for those subject to the 1983 Act. Excluding competence in relation to the Act would limit the National Assembly’s flexibility to improve further and to develop the advocacy scheme in Wales, and the Explanatory Memorandum has been amended at paragraph 7.20 to make that clearer. I believe that the draft LCO sets out a clear case for the powers. I hope that noble Lords will agree that it is appropriate for legislative competency in this very important area to be devolved to the National Assembly. I also hope that the Committee will work in the spirit of co-operation that all parties concerned have shared while engaged in negotiations regarding this LCO. The process has worked in producing an LCO that meets the objectives of Jonathan Morgan, the Assembly Member proposing the order, and is also supported by both the UK and Welsh Assembly Governments. Accordingly, I commend the order to the Committee.