Determination of Issues as to Assembly's Powers

Part of Orders of the Day — Wales Bill – in the House of Commons at 12:00 am on 19 April 1978.

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Photo of Mr Emlyn Hooson Mr Emlyn Hooson , Montgomery 12:00, 19 April 1978

As I listened to the hon. Member for West Lothian (Mr. Dalyell) I reflected whether it was possible to have a hostile tribe of one. I came to the conclusion that it was. In his opposition to the devolution Bills for Scotland and Wales for 40 days and 40 nights without stopping, the hon. Member really has established himself. I was reminded of an old Welsh poem "Y Gododdin", which is said to date from the sixth or seventh century. It is about a visit of a Welsh tribe to Strathclyde, and refers to the sole survivor who came back to Wales from Scotland. The hon. Member has been the sole survivor of the Scottish opposition to the Welsh Bill.

The Attorney-General should attend these debates more often. This is the first true debate that we have had on a section of the Bill, in the sense that there has been a constructive effort to improve the Bill and a reaction from the Government to it. Apart from that, we have had a repetition of Second Reading speeches.

The Attorney-General is absolutely right in his approach. I wondered how he would object to the constructive argument made by the hon. Member for Aylesbury (Mr. Raison) yesterday on this matter. I wondered whether he would reject it. I was pleased to hear his reply.

I turn to the third power which is involved in the amendment presented by the hon. and learned Member for Cleveland and Whitby (Mr. Brittan). The Attorney-General rightly said that he objected to the proposition that the court should make an affirmative mandatory order to the Welsh Assembly. The reason for this is fairly obvious. It is that of course the Assembly cannot be exactly parallel to the Minister but its powers are derived from those which are enjoyed by the Secretary of State. This is the practical approach to the problem. Purist approaches on this type of Bill do not help.