HL Deb 13 March 2001 vol 623 cc681-2
Lord Roberts of Conwy

asked Her Majesty's Government:

When the draft protocol between them and the National Assembly for Wales relating to legislation and published in February 2000 is to be finalised.

Baroness Farrington of Ribbleton

My Lords, the protocol was drafted before we had the experience of the legislative process in the previous Session. It needs some amendment in the light of that experience, and discussions are taking place between the Secretary of State for Wales and the First Minister. Although the protocol has not been finalised, there has been excellent co-operation between the Assembly and the UK Government on primary legislation relating to Wales.

Lord Roberts of Conwy

My Lords, I am grateful to the Minister for that reply. There has been considerable delay, the draft protocol having been published more than a year ago. Can the Minister assure the House that that has nothing to do with the fact that certain Members of the Assembly want to see more primary legislative powers transferred to them, particularly in relation to devolved issues? Can she further assure the House that the delay has nothing to do with any failure by the Westminster Parliament to meet the Assembly's legislative needs?

Baroness Farrington of Ribbleton

My Lords, as the noble Lord is aware, the Westminster Parliament has not failed to meet the needs of the Assembly, as is shown by the valuable contributions which he made to the Special Educational Needs and Disability Bill and the positive attitude of Members of your Lordships' House towards the Children's Commissioner for Wales Bill.

The question of whether individual Members of the Assembly would like powers over primary legislation is not in any way intervening. There are no major problems. As noble Lords will be aware, it often takes longer to deal with the details of drafting than to negotiate around major differences of opinion and view.

Lord Thomas of Gresford

My Lords, in the light of the happy relationship between the Liberal Democrats and Labour in Wales, does the Minister agree that the primary legislation passed in this Parliament relating to Wales should, as a matter of constitutional convention, reflect the agreed policy of the National Assembly for Wales? Does she appreciate the problems which will otherwise arise should the Welsh executive be of a different political colour from the government here?

Baroness Farrington of Ribbleton

My Lords, I should dread to think that the noble Lord, Lord Thomas of Gresford, did not believe that all groups within your Lordships' House have a positive relationship in approaching legislation and policy. The Assembly will consider which legislation it feels to be appropriate. There will be no question of there being a difference of opinion between the Westminster Government and the Welsh Assembly in legislation put forward in Westminster.

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