My Lords, with so many lawyers speaking this evening, it is with some temerity that I stand to add a few comments. I emphasise that there will not be many.
We have an inelegant, lop-sided form of devolution. I will not spend my time analysing the amendments in detail because the lawyers have done that much better than I possibly could, but I will talk about the process. We would not design devolution like this now and I believe these amendments show how poorly designed our devolution is. Until now it has relied on the overarching EU presence to smooth things over—to take the politics out of the politics—and I think it will be difficult in the future.
The amendments are not ideal. Like my noble friend Lord Steel, I would prefer that Clause 11 had not been there but this is an acceptable compromise. The important thing from my perspective is that it is acceptable to the Welsh Government and the Welsh Assembly. As my noble friend Lord Thomas said, the amendments are complex and tortuous. I was relieved to find that he did not understand one particular phrase. I had been too timid to ask what it meant. My concern is that the Government’s attitude towards this has hampered progress. It has taken far longer to reach agreement than it should have done and I believe the grudging attitude of the Government has meant that they have backed themselves into a corner. I recognise the tremendous efforts that have been made in recent days and weeks to deal with this. Nevertheless, while I might be a passionate devolutionist I do not believe that it is honest or straightforward to try to shoe-horn into this Bill an expansion of devolution. I believe that that is the Scottish Government’s current position and I feel that it is necessary to accept these amendments, in the current situation, in order to be straightforward with the people of Wales and Scotland. This is about trying to represent devolution in the situation as it is at the moment. If we are to expand devolution, we need a full debate about it in the future.
I believe that it will be politically tricky in the future to manage devolution. Some very sharp edges are revealed in these amendments between the powers of the UK Government and the devolved Governments. For that reason, my final point is that I would very much like to see the position of the JMC properly and fully established. It should not be the occasional add-on at the Government’s convenience which it currently is.