Part of 2. Questions to the Counsel General and Minister for European Transition (in respect of his European Transition responsibilities) – in the Senedd at 3:21 pm on 27 January 2021.
I think the Member may possibly have misunderstood exactly the impact of the amendments made by the House of Lords in relation to this. I'd like to pay tribute, if I may, to Lord Hope, who led on amendments on this particular issue, but also Lords across the Chamber, including some Conservative peers, who recognise, as perhaps the Member does not, the threat that the Act represents to devolution. I should just say that the amendments had the effect, simply, of giving the Secretary of State the discretion to amend the devolution settlement where a framework has been agreed. When one says that out loud, I think the challenges with that are transparent enough: firstly, that the devolution settlement should be capable of being amended by UK Government Ministers in any event, and secondly, that it should be a matter of discretion. Those are two of the examples why we think the Act needs to be challenged in court, and part of the rationale for us doing so.