Clause 6 - Powers of National Assembly for Wales

Health (Wales) Bill – in a Public Bill Committee at 9:30 am on 12th December 2002.

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Question proposed, That the clause stand part of the Bill.

Photo of Chris Grayling Chris Grayling Opposition Whip (Commons), Shadow Minister (Health)

Subsection (2) refers to

''the power to make further Orders varying or omitting any such reference in that Schedule.''

Will the Minister clarify whether that refers to orders made by the Welsh Assembly or to further orders to be made in this place?

Photo of Don Touhig Don Touhig Parliamentary Under-Secretary, Welsh Office, The Parliamentary Under-Secretary of State for Wales

The National Assembly (Transfer of Functions) Order 1999 transferred to the National Assembly various functions approved by the Secretary of State for Wales. As such, it set out the position at a particular time. Since 1999, the position has changed, and many of the Acts under which these functions were conferred have been amended. Indeed, the Bill amends the provisions of the National Health Service Act 1977.

That technical provision ensures that all amendments to the Bill will be carried through to the Transfer of Functions Order, thereby ensuring that the Assembly can undertake its functions in accordance with current legislation. Similar provisions affecting major amendments have appeared in other legislation—the National Health Service Reform and Health Care Professions Bill 2001, for example. It is important and necessary to provide for the transfer of functions. I hope that that deals with the hon. Gentleman's point.

Photo of Chris Grayling Chris Grayling Opposition Whip (Commons), Shadow Minister (Health)

With respect, the Minister has not answered my question. Could further orders be dealt with as part of the Assembly's operations or would they still need to be framed by this House?

Photo of Don Touhig Don Touhig Parliamentary Under-Secretary, Welsh Office, The Parliamentary Under-Secretary of State for Wales

Further changes would require an Order in Council; the Assembly could not deal with it

Question put and agreed to.

Clause 6 ordered to stand part of the Bill.

Clause 7 ordered to stand part of the Bill.