Local Democracy, Economic Development and Construction Bill [HL]

The noble Lord, Lord Graham, does not seem to understand what devolution is all about. We may think that it is a good thing for the National Assembly for Wales or Welsh authorities to do this or that, but the principle of devolution is that it is for them to decide within those areas where, by and large, the National Assembly for Wales has competence. Local government is one of those areas. It does not have complete competence over local government in the way that the Scottish Parliament and the Scottish Government have over local government in Scotland, but it has substantial competence over local government. When Bills go through the Westminster Parliament, it is normal for the references to Wales to be permissive. Wales may be excluded completely, so that the Welsh Assembly makes the decisions. For example, we have the Planning Act, the Housing and Regeneration Act and a whole series of Acts under which Wales is graciously allowed to make its own decisions. That is not happening here. In this legislation, it is being prescribed under Chapters 1 and 2 that Wales will have a system. The Bill says that it will apply in Wales unless the Welsh Ministers vary it. If they wish to vary it, they can, but they cannot not do it. We are not saying that the Bill should not apply to Wales, but that the powers of the Welsh Ministers and, therefore, the Welsh Assembly, should be completely permissive. In other words, the Bill says, ““This will happen in England””. We are saying that it should say in relation to Wales, ““This may happen, and it may happen in this form or it may happen in a different form as agreed by the Welsh Minister and the Welsh Assembly””. That is what is normally done nowadays in Wales. We do not understand why on these detailed provisions about the duty to provide this information and petitions, this Bill is different to what is now pretty well customary practice.