Devolution: Wales

Debate between Lord Roberts of Llandudno and Lord Wallace of Tankerness

Tuesday 28th February 2012 Lords Chamber

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, the National Assembly for Wales is now able to pass laws in all 20 devolved subjects. The Commission on Devolution in Wales—the Silk commission—is looking at how the Welsh Government can be made more accountable for what they spend and at any modifications to the present constitutional arrangements that would enable the Welsh devolution settlement to work more effectively.

[Lord Roberts of Llandudno]

I thank the Minister for his reply. With an increasing number of powers being devolved to the Assemblies in Wales and Northern Ireland and the Parliament in Scotland, what means are there to inform us of what decisions are taken at that level in Wales, Scotland or Northern Ireland? Moreover, with increasing devolution, what role does the Minister see for this House when it is composed of Members from Northern Ireland, Scotland, Wales and England?

[Lord Wallace of Tankerness]

My Lords, there are regular exchanges at official and ministerial level where information is given as to legislation passing through this Parliament which has relevance for Wales, Scotland and Northern Ireland, and there are close links the other way. With regard to parliamentary and assembly exchanges, the Calman commission, on which I sat, thought that it would be advantageous if there was a greater flow of information between parliaments and assemblies, but recognised that that would be a matter for the parliaments and assemblies and not for government. On the role of your Lordships' House in relation to Scotland, Wales and Northern Ireland, it clearly has a role in examining matters which in the case of Wales are non-devolved. We have done so since 1999 and I can imagine that we will continue to give it the scrutiny that we would expect of a revising Chamber.

Wales: Organ Donation

Debate between Lord Roberts of Llandudno and Lord Wallace of Tankerness

Wednesday 23rd March 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I understand that the current Welsh Assembly Government withdrew the current legislative competence order on the basis of the change that is about to take place as a result of the referendum. They have indicated that they look forward to the Welsh Assembly Government formed after the elections bringing forward their own legislation. It would not be for this Government to prevent that legislation going forward. However, under Section 112 of the Government of Wales Act 2006 it is a matter for the Counsel General for Wales and the Attorney-General, following the passage of a Bill, to consider whether that Bill should be referred to the Supreme Court on any issue of competence. I exercise a similar responsibility, along with the Attorney-General and the Lord Advocate, in relation to Scotland. These are often complex matters and it would be wrong to hypothesise about a Bill which may not come to pass and when we have not yet seen its final shape or form.

[Lord Roberts of Llandudno]

My Lords, as the House might know, there have been uncertainties about cross-border issues. For instance, for years neurology services have been sent from north Wales to Liverpool. Are they now to go to south Wales, when it takes far longer to go there? Furthermore, have we resolved the cross-border situation not only in the UK but also, in our relationship with Europe, the possibilities of cross-country involvement in Europe?

[Lord Wallace of Tankerness]

My Lords, as we do not yet have any legislation, the first part of my noble friend’s questions about the provision of services may be premature. I simply observe that practical issues could arise if such legislation were to come to pass, given that the Human Tissue Act 2004 and the equivalent legislation for Scotland means that in England, Northern Ireland, Scotland and at the present time in Wales there is no presumed consent. There has to be active consent. Therefore, if there was a donation from Wales, the question would arise whether that was allowed to be used in other parts of the United Kingdom if there had only been presumed consent.

With regard to Europe, there has been a recent EU directive, to be implemented by August 2012, that requires member states to verify donor or donor family consent. It recognises that different states have different opt-in, opt-out systems of consent. There are no specific plans for a European donor card, but member states are working together to raise the important profile of donation and to encourage more people to support or agree to donation.