Both Governments agreed the resulting increase in current functions, and the consequent increase in restrictions on the Senedd's competence, was unintended and should be corrected. The removal of these restrictions has been our priority and we are confident the draft Order delivers on the UK Government's commitment, together with ours, to make the correction. Additionally, the Order makes a number of amendments to Schedule 7A and 7B of the Government of Wales Act to remove now-redundant references to EU obligations and European parliamentary elections, following our withdrawal from the European Union. Finally, the Order also corrects some errors inserted into the Government of Wales Act by the Wales Act 2017. The details on this and the other provisions within the draft Order are set out in the explanatory memorandum that I have laid before the Senedd.

I'm grateful to the Legislation, Justice and Constitution Committee for their consideration of the draft Order and their support for the removal of the restrictions on the Senedd's legislative competence. I have responded to the recommendations and I am pleased to place them on the record again today. When I met the committee, I mentioned the need for a further Order in Council under section 109 of GOWA. The European Union (Future Relationship) Act 2020 has created further concurrent functions to which we believe a similar carve-out should also apply. We are in discussions with the UK Government seeking such a provision. I've also undertaken to keep the committee informed of developments related to concurrent and concurrent plus functions that have arisen, or arise in the future, as a result of UK Government legislation. 

Provision for making Orders under section 109 of the Government of Wales Act was made to enable the modification of the Senedd's competence without the need for further primary legislation. However, we need to be clear about what the draft Order does and does not do. This Order does not extend the Senedd's competence. Rather, it protects the competence of the institution from the unintended effects of the European Union exit legislation, as well as making some necessary corrections.