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Written question asked by Nia Griffith (Labour) on Thursday, 5 November 2015, in the House of Commons. It was due for an answer on Tuesday, 10 November 2015 (named day). It was answered by Stephen Crabb (Conservative) on Tuesday, 10 November 2015 on behalf of the Wales Office.

Devolution: Wales

Question

To ask the Secretary of State for Wales, for what reasons the draft Wales Bill would seek to change the criteria on which the Assembly could legislate outside its normal competence, as set out in section 108(5) of the Government of Wales Act 2006.

Answer

The purpose of the reserved powers model in the draft Wales Bill is to define clearly the legislative competence reserved to the UK Parliament. At the same time, it enables the Assembly to modify the law in areas that would otherwise be reserved to enforce, or otherwise give effect to, its legislation.

It is right that this freedom should be balanced by a test to be applied when the Assembly seeks to modify the law in areas that are not devolved. For that reason the draft Bill defines the circumstances in which it can do so and the test to be applied – the test of necessity. This gives the Assembly flexibility to modify the law in areas outside devolved competence in order to enforce its legislation effectively, whilst ensuring the effect on these areas goes no further than necessary.


Secondary information

Type
Written question
Reference
14989
Session
2015-16
Subjects
Devolution Wales
Legislation
Draft Wales Bill (2015)
Link
View this Written question on www.parliament.uk