Thursday, 11 October 2012
First Two Welsh Bills already in a legal mess.
Last year, I and many Welsh People voted in a referendum for powers to legislate in area that have been devolved.
Now it seem that the first two Bill could well collapse as the UK government, challenge their validity
The UK Attorney General has already taken the first Bill a local Government Bill - about byelaws to the Supreme Court for them decide whether parts of the Local Government Bill - about byelaws - are within assembly powers.
Oggy Bloggy Ogwr has covered this superbly in a recent Blog but it seems that the basis of the challenge is that just because the Bill removes powers from the Welsh Government and grant them to Local Government , it doesn't mean the same powers can be removed from a UK Secretary of State.
If you find this confusing don't worry you are not alone and if the Legal Adviser of the Assembly and the UK Attorney General have different views haw can our AMs Legislate at all let alone the rest of us cope with this legal jungle,.
Now it appears that the Official Languages Bill, which was passed last week, is being challenged by the Welsh Office and sent the bill to the Attorney General for England and Wales, Dominic Grieve, to determine whether it goes beyond the Assembly’s powers.
The office raised concerns that legislating on the status of the English language may breach the body’s competence, arguing the Assembly may legislate with regard to the Welsh language, but not English.
This is a huge problem . It will almost be impossible to legislate on the position of the Welsh Language without someone that as it affected English in some way the Assembly did not have the powers to to do this.
What is interesting is that the Welsh Office were not tempted to leak their disquiet to the Tories Welsh Assembly leadership who could have challenged the bill in the senedd.
Unless it was felt that it would be better that the Assembly Government were seen as incompetent
If the supreme Court rules against the Assembly then it will be a huge embarrassment for Carwyn Jones and Welsh Labour Government But it will
show the inadequacies of the current devolution settlement
How can Labour AM argue that Wales doesn't need the same devolved Powers as the Scottish Parliament,when it is clear that any action they take could be decided illegal because not all the powers are devolved?
We can't carry on this road.The overwhelming vote last year was for the Assembly to make laws that directly affect Wales the UK government should acknowledge it and immediately introduce a bill which allows them to do so and clear up this legislative mess . Otherwise we will see no legislation of any relevance or Tax Payers money diverted to legal costs as the UK government seek to keep their influence over us.