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National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

My Lords, first, I thank the noble Baroness, Lady Gale, and my noble friend Lord German, for their contributions to this important debate. As the noble Baroness said, this is a milestone debate. I also thank them both for the positive support that they have given to these orders. That reflects the fact that whatever side people take in the referendum campaign—it is my recollection that there was unanimity in the National Assembly for Wales that the referendum should take place—it is important that the orders give substance to that aspiration. My noble friend Lord German asked me some specific questions, which I will attempt to answer. With regard to whether the powers over signs and pedestrian crossings relate only to special roads, the answer is no. They relate to all roads because that is the current position in Schedule 7, and that will not be changed by the order. With regard to energy generation, as has rightly been pointed out, electricity generation is specifically excepted from Schedule 5 and Schedule 7. The amendment order before us today does not change that. The Welsh Assembly Government have made regular representations to the United Kingdom Government in respect of the boundary to the Welsh settlement on energy generation. This Government have considered those representations carefully, but we do not propose to change the boundary in respect of energy generation at this time. The noble Baroness and my noble friend talked about their experience as regards LCOs and framework powers. In my short period as spokesperson with responsibility for the Wales Office in this House, I recall debating in Grand Committee in the Moses Room the LCO on housing. I certainly became aware of the path that it takes for an LCO to reach the House for approval. It will remain to be seen, with the outcome of the referendum, whether that process will continue or whether it will require the co-determination to which my noble friend Lord German referred. It is important to mark that, while we are amending Schedule 7 today, there is also a legislative proposal before the House for framework powers in relation to the National Audit Office for Wales and the Auditor-General for Wales. There are also two current LCOs on organ donation consent and on highways and transport for cycleways and walkways. It would be wrong today to anticipate what the progress of those LCOs will be, but it may be that Schedule 7 has not yet finished being amended. Nevertheless, I can reassure my noble friend Lord German that the provisions in the draft order amending Schedule 7 ensure that there will be no restriction on the current powers of the Assembly. There will be no loss of powers for the Assembly as a result of the order. The noble Baroness and my noble friend both referred to this important milestone and the journey. They are in the slightly advantageous position of being able not only to vote—which, obviously, I will not be able to do—but to express their view on the outcome of the referendum. The position of the coalition Government is neutral on the outcome. Through these orders, we are facilitating the referendum. However, perhaps I may conclude by saying that, as a Scot who had the privilege of serving in the Scottish Parliament when it was first established again in 1999, it is a great privilege for me to be able to move these milestone orders. I ask the House to support them. Motion agreed.