National Assembly for Wales (Transfer of Functions) (No. 2) Order 2006

My Lords, we are all grateful to the Minister for his clear exposition of the order before the House and for supplying us with ample Explanatory Notes on its detailed and occasionally abstruse provisions. The order is not hugely contentious, as far as I can see, although others may take a different view. That said, it would be helpful if the Minister could respond to one or two questions in his winding up. Before I comment on the provisions in the order, I would like briefly to refer to what I can only describe as the casual discussion that took place at the Welsh Assembly plenary session on this order on 18 October this year. Only two Members participated in the debate, one of whom was the responsible Minister. The fleeting discussion that occurred concerned me, and I fear that the level of scrutiny was far from appropriate. The order includes, as the Minister said, the transfer of three items, two of which were barely even mentioned. I would be interested to hear whether the Minister believes that the debate that took place was satisfactory. The first part of the transfer order would give the Assembly the right to be consulted on the draft census order and the power to make regulations on the content and conduct of the 2011 census of population in Wales. That would allow for different information to be collected on census forms in Wales, as is currently done for data on familiarity with the Welsh language which has been done since 1891. It is sensible for the Assembly to have a share of influence over the production of the census form, especially since the tick-box debacle of 2001 to which the Minister referred. Discussions on the recording of Welsh identity, which became controversial prior to the 2001 census because of the absence of the Welsh tick box, has finally resulted in agreement that the Assembly should have a more formal role in agreeing future census forms in Wales. It is important that the Assembly gets the census data required to support effective policy-making in Wales. This is, therefore, a change that I welcome in principle. Of course, the challenge will be to exercise restraint and discrimination in the choice of special Welsh data sought in the census. Before moving on, I would like to clarify the financial implications of transferring these powers. Will the funding of the census in England and Wales still remain the responsibility of the Office for National Statistics, as will the conduct of the census? Is it the case that the Assembly will meet the costs of any change which it specifically requires? Can the Minister confirm that any such costs will be met from the Assembly budget? Are any extra administration costs expected and how will they be met? On the transfer of Section 156 of the Environmental Protection Act as it applies to Part 2 of that Act, this will, as the noble Lord said, supplement powers already available to the Assembly under the European Communites Act 1972 and enable the Assembly to make regulations giving effect to community and international obligations about waste management on land. I understand that the penalties for offences under the EPA are greater than those available under the European Act. The noble Lord has confirmed that. Will that have any specific significance in this context? Will it radically change the situation in Wales? The devolution settlement gives the Assembly extensive responsibility for environmental matters, which include waste management. Wales contributes to the 330 million tonnes of waste produced annually in the UK, a quarter of which is from householdsand business. The rest comes from construction, demolition, sewage sludge, farm waste, spoils from mines and the dredging of rivers. The issue of waste disposal is an increasingly important one, but because the functions under Section 156 have not been transferred to the Assembly, the Assembly has relied on the Secretary of State to use powers on its behalf. This has resulted in a confusing and messy situation where the waste management regulatory framework varies across England and Wales. The transfer is a tidying up measure which will help to avoid the difficulties of maintaining a common waste management regulatory framework across the border. The Assembly Government published their waste strategy in 2002, and have made substantial financial resources available to local authorities to supportthe delivery of the strategy. Any measures whichcan further improve the organisation of waste management must be supported. I therefore welcome this transfer. Finally, the transfer under the Water Industry Act will amend the basis on which the Assembly can make regulations prescribing requirements in relation to water fittings, or connections, and the prevention of contamination or waste of the public water supply by water or sewerage undertakers whose areas are wholly or mainly in Wales. It will amend an anomaly in the way that powers under the Water Industry Act 1991 have been transferred to the Assembly. I understand that this has been supported by Ministers in the Assembly and at Westminster, and I wish to add my support to the transfer. Before I finish, I raise the question of whether it is wholly appropriate to introduce orders containing three unconnected items, as this one does. I would be grateful if the Minister would comment on this decision. It is not that I have any strong objection, but I would have thought that it might be somewhat confusing to have three such disparate and different matters combined in one order, from a governmental point of view.