Wales Bill

Debate between Baroness O'Neill of Bengarve and Lord Elis-Thomas

Tuesday 11th November 2014 Lords Chamber

[Baroness O'Neill of Bengarve (CB)]

My Lords, before we go any further, I might not be the only Member of your Lordships’ House who detects an ambiguity which we need to clarify before proceeding. Is the proposition that electoral arrangements shall be subject solely to the agreement of the Assembly, or are electoral arrangements for the National Assembly for Wales subject indeed also to legislation by this Parliament, and in addition to the agreement of the National Assembly for Wales? That has not become clear and I have been listening very carefully to both noble Lords who have spoken. If it is the case that it is to be solely subject to the agreement under the special provisions—which I hope I understand—then this amendment is probably pre-empted by the undertaking that the Minister has already given, and we should not be discussing it. If, on the other hand, the assumption is that it is to be understood that electoral arrangements are solely a matter for the National Assembly for Wales, it would be very helpful to have that clearly stated. Is the agreement of the Assembly additional to the agreement of this Parliament, or is it solely the agreement of the National Assembly for Wales?

[Lord Elis-Thomas]

What we have here are two amendments, appropriately grouped together, but with two different principles. The amendment in my name and that of my noble friend calls for powers on electoral arrangements and constitutional aspects to be devolved to the Assembly through Schedule 7 to the Government of Wales Act 2006. Under the subject National Assembly it becomes an additional action that the Assembly is unable to legislate upon in that area. That is the way that it is phrased in this particular discussion, although we had a different discussion on this principle in Committee.

The principle that my noble friend seeks is statutory consultation—