HL Deb 18 July 2000 vol 615 cc877-9

(" .—(1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—

  1. (a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and
  2. (b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

(2) Where—

  1. (a) this Part confers a function on the Secretary of State by amendment of an Act, and
  2. (b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the Government of Wales Act 1998 (transfer of functions),
the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).

(3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).

(4) This section shall not apply in relation to—

  1. (a) section 85. 87, 96, (Pensions) or (Commencement) of this Act,
  2. (b) the amendment of section 1(3) of the Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 8 to this Act,
  3. (c) the amendment of section 26 of the Employment Act 1988 (status of trainees etc) made by Schedule 8 to this Act, or
  4. (d) the amendment of section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) made by Schedule 8 to this Act.")

Baroness Farrington of Ribbleton

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 183. In moving this Motion, I shall speak also to Amendments Nos. 187 to 194.

The only new points of substance in this group are Amendments Nos. 183 and 191. The other amendments are consequential on those new clauses or on other territorially related amendments debated when we discussed earlier groups. I am happy to provide further detail on any of those amendments should any noble Lord require me to do so.

The two new clauses that Amendments Nos. 183 and 191 insert relate to devolution and commencement of provisions of the Bill. As they need to reflect the totality of the Bill, noble Lords will, I hope, understand that work on these two new clauses could only be finalised once all the other amendments to the Bill had been prepared.

Amendment No. 183 inserts a new clause that deals with devolution of provisions in Part V. Noble Lords will recall that the earlier parts of the Bill relate clearly and simply to England or Wales only. But Part V is rather more complex. The new clause therefore makes clear that, where non-reserved provisions in Part V confer functions upon the Secretary of State, those functions are exercisable in relation to Wales by the National Assembly for Wales. It covers both the new functions set to out in the Bill and the amendments by the Bill to existing legislation underpinning functions that were devolved to the National Assembly under the Government of Wales Act 1998.

Amendment No. 191 inserts a new clause covering commencement of the provisions of the Bill and, in particular, makes provision for the National Assembly to commence provisions that relate to Wales.

Noble Lords will know that Bills, or parts of Bill, normally come into force in accordance with one or more commencement orders made by the relevant Secretary of State. The commencement clause of the Bill as it left this House—Clause 122—provided for the National Assembly to commence the Welsh Parts II and IV and for the Secretary of State, on top of the English Parts I and III, to commence the English-and-Welsh Part V. However, it is an agreed principle of the devolution arrangements that the National Assembly should commence legislation as far as it relates to Wales. In the context of this Bill, that has required an extremely complex analysis of Part V in relation to commencement. The new clause fully achieves that separation. Therefore, I commend it the House.

Moved, That the House do agree with the Commons in their Amendment No. 183. —(Baroness Farrington of Ribbleton.)

On Question, Motion agreed to.