Friday 16 November 2007

Law-makers in Need

This being Children in Need day, in common with other BBC journalists I am of course writing this in fishnet stockings while perched on a desk singing out of tune. Heh, it's for charidee. If you donate enough, I might actually put a suit on and go to work.


But I digress. As a parliamentary correspondent, I'm often asked: "David, how do I change the law?"

It's not an easy question, so I'm grateful to the Conservatives for drawing attention to some studious work (by Professor Keith Patchett) for the Institute of Welsh Affairs that pre-dates but anticipates the Government of Wales Act and gives an idea of the complexity of the situation.

This, in brief, is a research note prepared for Tory MPs, summarising Professor Patchett's work on the sources of Welsh-related legislation.

Current mechanisms for legislating for Wales

1.Wales-only Acts of the UK Parliament
2. Provisions in Acts of the UK Parliament applying to Wales specifically
3. Acts of the UK Parliament applying to England and Wales as a single jurisdiction
4. General subordinate legislation made by the Assembly under Acts or exceptionally under Whitehall subordinate legislation
5. Subordinate legislation made by Whitehall specifically for Wales
6. Subordinate legislation made by Whitehall for England and Wales as a single jurisdiction
7. Measures made by the Assembly under Orders in Council modifying or supplementing existing legislation
8. General subordinate legislation made by the Assembly Government under provisions of Acts
9. General subordinate legislation made by the Assembly Government as delegate under Assembly Measures


Mechanisms for extending the competence of the Assembly

10, Legislative competence orders modifying Government of Wales Act
11. Provisions in Acts of the UK Parliament modifying Government of Wales Act
12. Order of the Assembly for commencement of the Assembly Act provisions in the Government of Wales Act 2006


Possible future mechanism for legislating for Wales


13. Acts of the Assembly under Part 4 of the Government of Wales Act 2006


A sceptic might think that this complex situation has been created to make the rather simpler idea of a law-making Welsh parliament irresistible.



Now, where did I leave those tights?

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