8 Clause 6, page 4, line 12, at end insert—
("(4A) In exercising the power under subsection (1), the Secretary of State—
- (a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
- (b) must not make any provision—
- (i) in relation to legislation made by the National Assembly for Wales, or
- (ii) which has effect both in relation to Wales and in relation to any enactment to which section (Power to modify enactments concerning plans etc: Wales)(2) applies,
§ (4B) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.")
§ Baroness Farrington of Ribbleton
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 8.
Clause 6 of the Bill confers a power on the Secretary of State by order to amend, repeal, revoke or disapply any enactment, whenever passed or made, which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter. I should point out, for the avoidance of doubt, that this power could not be used to change any provisions in Part II of the Bill.
Amendment No. 9 (which introduces a new clause) and Amendment No. 8 make provision for the exercise of this power by the National Assembly for Wales. In doing so, they seek to balance the Assembly's legitimate desire to have a degree of control over legislation affecting Welsh authorities, while reflecting the basis of the devolution settlement that Parliament retains primacy in relation to primary legislation.
Amendment No. 8A, tabled by my noble friend Lord Williams of Elvel, is relevant to this issue. With the leave of the House, I should like to invite my noble friend to speak to it.
Moved, That the House do agree with the Commons in their Amendment No. 8.—(Baroness Farrington of Ribbleton.)