Power to Enter into Concordat

Part of Orders of the Day — Government of Wales Bill – in the House of Commons at 9:45 pm on 25th March 1998.

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Photo of Bernard Jenkin Bernard Jenkin Opposition Spokesperson (Constitutional Affairs, Scotland and Wales), Opposition Spokesperson (Environment, Transport and the Regions) 9:45 pm, 25th March 1998

No, I am sorry, I only have one minute.

Is the assembly or the assembly Executive a legal personality separate from the Westminster Parliament and the Whitehall Government? Even though they have a common civil service, they will be separate legal personalities, because they will have separate masters and separate agendas. The agreements, which will be published, will be the subject of disputes, and are bound to finish up in the Judicial Committee of the Privy Council. They will be used as evidence of a contract between those two separate legal personalities, and will be the governing arrangements between two separate Administrations.

If the Secretary of State is confident that the agreements will not be legally enforceable, he should give the House that guarantee.