Government of Wales Bill

We all support, on a cross-party basis, the increasing progress made in relation to the Welsh language in recent years. However, as the hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) has just explained, amendment No. 124 and new clause 10, which would give the Assembly primary legislative powers in relation to the Welsh language, are both unnecessary and undesirable. If the Assembly identifies a need for legislative competence on matters relating to the Welsh language, or if the Welsh Assembly Government identify such a need, the Order in Council procedure under part 3 of the Bill would enable such competence to be sought. It would not make sense to grant the Assembly primary powers in relation to the Welsh language alone, but then to have a referendum on whether it should have primary powers at all in relation to all the other subjects listed in schedule 7. That was the point argued by the hon. Member for Dumfriesshire, Clydesdale and Tweeddale. The electorate rightly would feel that they had been bypassed on an important subject. A referendum vote must be on the whole package, not one that has already been broken into. The amendment would also have the complication that, in relation to this one area of legislative competence, the Assembly would have to have procedures in place—for example, under its Standing Orders—for the passing of both Acts and Measures at the same time. On amendment No. 13, what is the point of deleting a reference to the Assembly treating English and Welsh equally"““so far as is . . . appropriate in the circumstances””?" Is the suggestion that the Assembly should act inappropriately, if necessary, to comply with that obligation? Whatever the intention behind amendment No. 16, its actual effect is unclear. The amendment as worded would seem to add little if anything to the existing wording of clause 61 and the powers that Welsh Ministers have under the Welsh Language Act 1993, because they have already been transferred to the Assembly. Certain functions under the Welsh Language Act 1993 have not been transferred to the Assembly and therefore are not currently exercised by the Welsh Assembly Government. The most important of those concerns the use of Welsh in legal proceedings. As England and Wales are a single legal jurisdiction, however, it is entirely appropriate that this issue should rest with the Lord Chancellor. The Bill is already clear in giving Welsh Ministers the power to do anything that they consider appropriate to support the Welsh language, and in enabling the Assembly to acquire legislative competence in relation to the Welsh language beyond that which it has at present. I therefore invite the hon. Gentleman to withdraw the amendment.