Regulatory Reform Bill [H.L.]

Part of the debate – in the House of Lords at 4:30 pm on 25 January 2001.

Alert me about debates like this

Photo of Lord Falconer of Thoroton Lord Falconer of Thoroton Minister of State, Cabinet Office 4:30, 25 January 2001

I understand what the noble Lord says about the effect of the Borrie amendment. With regard to the Welsh Assembly, we framed the Bill to reflect and respect the devolution settlement. Under that settlement the Assembly is given the power to make its own subordinate provisions if the parent legislation so decrees. We do not see why regulatory reform orders--they have the effect of changing primary legislation--should not confer on the Assembly the same powers. In effect, we are putting the Assembly into the same position as it would be in relation to primary legislation: it cannot make primary legislation but it can make subordinate provisions; so, equally, it should under the regulatory reform orders.

Amendment No. 44, which I take to be a probing amendment, would deprive the Assembly of that power. That looks strange in the devolution settlement. We want to ensure that the devolution continues to be a success and is reflected in the legislation which forms the basic settlement.

The parent order would have to state clearly for what areas the Assembly could make its own provisions and, as always, the committees and Parliament would have the opportunity to scrutinise and approve those powers. I hope that that answer helps the noble Lord in his considerations.