Clause 42 - Biodiversity lists and action (Wales)
Natural Environment and Rural Communities Bill
11:45 am
Roger Williams (Brecon and Radnorshire, Liberal Democrat)
On Second Reading, I suggested that we should examine the Bill to see whether it gave due recognition to the fact that the Assembly is a national Government for Wales and should be given the same recognition as other devolved Governments in Great Britain. We consider such things carefully, because those of us who are committed to devolution, and even to making progress with the devolution settlement, would like the relationship between Westminster and the devolved Governments to act as a positive influence for all that we believe in.
The Government of Wales Act 1998 in particular put in statute the idea that the National Assembly for Wales should be committed to, and give due recognition to, sustainability. It is probably one of very few national Governments in the world—probably two or three others can be found—with that statutory duty. Therefore, it seems particularly inappropriate that the word “must” should be used in the clause. It seems beyond belief that the National Assembly for Wales would not want to play its part in promoting, conserving and enhancing biodiversity.
Perhaps the amendment is not absolutely right and the word “may” is not quite the right choice. The word “should” might be preferable. Perhaps the clause should use a form of words such as “The Secretary of State should encourage”. However, I consider the word “must” to be particularly inappropriate. I should like the Minister’s assurance that he will consult the National Assembly for Wales on this aspect of the Bill, and perhaps one or two others, to ensure that the wording is conducive to the formation of that constructive partnership that will serve not only the devolved nations but the whole of the United Kingdom.