Proceeding contribution from Lord Elystan-Morgan (Crossbench) in the House of Lords on Tuesday, 13 July 2010. It occurred during Debates on delegated legislation on National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010.
National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010
My Lords, I will detain the Grand Committee for only a very few moments. I, too, join everybody else in congratulating the Minister on his first foray into Welsh affairs in this Committee. I wish him every happiness and every success for the future. I agree very much with the precept that was articulated by the noble Lord, Lord Rowlands. We are not here to consider the basic merits of these devolved matters; we are here to say whether the procedures of devolution set out so clearly in Part 3 of the 2006 Act are properly adhered to. I say that because, like more than one Member of this Committee, I have heard it argued here over the past two or three years that there seems to be some onus of proof on whoever seeks to justify a measure of this nature to show that it has a fundamental benefit for the people of Wales. That is not what devolution is about. If we were to apply such a test, we would be going contrary to the principles set out in the 2006 Act in Parts 3 and 4. I wholeheartedly support the measures. Indeed, having said that we should not consider them, I would say that they have every merit. In this respect, if ever there was a devolvable issue in relation to Welsh matters it must be in relation to housing or local government. We are dealing with a situation in which there are so many distinctive Welsh nuances that it cries out for devolution. The executive devolution took place a long time ago, soon after 1964, when the Welsh Office was set up. It is only right and proper that there should be primary legislative devolution to attach itself to that. I take the point made by more than one Member of the Committee that nothing that we do here on these LCOs creates one word of legislation. All that we do is give a passport for legislation to take place in another place. We peg out an area and say to the Welsh Assembly that, now that it has asked for it, within that defined area it can build a legislative edifice. I am not sure how many Measures have come directly from LCOs; I suspect that it is about a dozen, with about half a dozen from other sources. I have only one other thing to add. I thank whoever was responsible for the Explanatory Memorandum. It is one of the very best that I have read in relation to any legislation, but particularly in relation to these matters.
Secondary information
- Type
- Proceeding contribution
- Reference
- 720 c17-8GC
- Session
- 2010-12
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Devolved matters Devolution Housing Legislative competence Framework powers Homelessness Local government National Assembly for Wales Sales Wales Social rented housing Travellers Right to buy scheme
- Legislation
- National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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