My Lords, we have heard how Clause 60 allows for consequential provisions on Assembly Acts to be made by the UK Secretary of State. In other words, if there is a need for a tweak to be made to a new law introduced, or if there is a need to change a different government Bill as a result of the introduction of a new Bill, it could be done without going through the whole rigmarole of a full-on legislative parliamentary procedure.
We can all see the sense that now and again that is necessary. That is not an unusual state of affairs; it is not unusual for a Minister to be able to make consequential orders in relation to laws made and enacted in the United Kingdom. However, as we have heard, if a consequential law were to be introduced in Westminster, there would be that opportunity for both Houses to approve such changes before they could be enacted. If I may say so, I think that this House carries out that role very well; it is the House that really takes that seriously. As has been underlined, the major
difference in relation to Wales is that the opportunity to approve consequential changes is not available to the Welsh Assembly on laws that affect it. That has been criticised vehemently by the Delegated Powers Committee.
My amendments would limit a requirement that statutory instruments would have to be approved by the Assembly so that it applied only if they related to provisions that would be within the Assembly’s competence or would amend the Government of Wales Act 2006. So it is a restricted responsibility. The Assembly would not be trying to grab power in any way—it is just making sure that the Assembly is able to do the work that it has responsibility for.
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As the noble Lord, Lord Rowlands, said, the Minister responsible for this Bill has been very good in keeping us informed. He has sent us reams of letters, which have been very useful for knowing how the Bill is developing. In his letter of 2 December, the argument that he used was that this happened in the Scotland Bill. I said earlier today that that was because the SNP was not awake—it was not keeping an eye on things—but that does not make it right, just because the Welsh are on the ball. It is important that you should listen to us. Two wrongs do not make a right.
The Minister went on in that letter to suggest that,
“given the consequential changes that will need to be made in relation to local government elections in Wales in this Bill, consequential changes to existing secondary legislation will need to be made in relation to electoral registration”.
What are the Government afraid of? The Welsh Assembly is not going to block consequential amendments proposed by the UK Government that are in its interests. Why cannot the Assembly, like both Westminster Chambers, in matters affecting its powers have the right to an affirmative vote, as is done here?
The second argument that is marshalled, as the noble Lord, Lord Rowlands, pointed out, is about the fact that the Welsh Government are starting to use the power. The noble Lord made a valid point—again, two wrongs do not make a right. We need to calm both Governments down in terms of introducing so many Henry VIII clauses. This is about parliamentary scrutiny; it is very important.
I do not expect the Minister to roll over when I, an opposition person, call something a constitutional aberration, but I would advise him to listen very carefully when the former Lord Chief Justice of England and Wales, the noble and learned Lord, Lord Judge, says that something is a “constitutional aberration”. I ask the Minister to think very carefully on this matter.