Welsh Assembly Legislation (Attorney-General)

Debate between Lord Murphy of Torfaen and Huw Irranca-Davies

Tuesday 15th October 2013 Commons Chamber

[Paul Murphy]

There are two ways of looking at it. There are party political differences because of the different parties in the different countries, but I also experienced that when Labour was in government and other state Departments were not necessarily sympathetic to what the Welsh Government were doing. It was my job to say, “You might not like it, but you’ve got to do it because that is what devolution is all about.” Otherwise, what is the point of having it in the first place?

[Huw Irranca-Davies]

When I served under my right hon. Friend as Under-Secretary of State for Wales, a signature of his tenure in office was that at all times such resolutions were dealt with early and within our mechanisms. It was a signal failure if something had to escalate to another constitutional mechanism, and it did not go at all to the Supreme Court.

[Paul Murphy]

I am grateful to my hon. Friend for his remarks, and there is machinery within the Government system for resolving disputes between the devolved Administrations and their Parliaments, and the United Kingdom Government. That has been set up for nearly 16 years and is precisely to deal with those areas of considerable difference. In my view, that includes whether there is a dispute, and whether something is intra vires or ultra vires. I repeat: to take the issue to the courts is to press the nuclear button and could cause immeasurable damage to the devolution settlement.