Justice and Security (Northern Ireland) Bill

Before the Minister finishes, will he return to the issue raised by the hon. Member for North Down (Lady Hermon)? I find it a little confusing. New clause 5(5) includes the provision:"““If it appears to the Secretary of State that there is no reasonable prospect that the Assembly will pass an Act of the kind described in subsection (1)(a) and (b), he may lay before Parliament the draft of an Order””," which will establish"““a new Northern Ireland department””." It is confusing because subsection (1)(a) and (b) replace subsections (1) and (2) of the Northern Ireland (Miscellaneous Provisions) Act 2006. Is not the Secretary of State given the power to introduce the Department even though the Assembly has not agreed to do so? I am a little confused about the wording.