MASSIVE TRANSFER OF PRIMARY LEGISLATIVE POWER FROM WESTMINSTER TO CARDIFF

I did not notice some minor secondary legislation passing through the Privy Council, by which large swathes of primary legislative competence was transferred from the Parliament of the United Kingdom to the National Assembly of Wales.  Her Majesty was pleased in her Privy Council to dissolve Parliament on 12th April 2010 and also to approve a major change to our constitution. Did anyone notice?

At the bottom of the Privy Council minutes below are legislative competence orders pursuant to section 95 Government of Wales Act 2006 under which the National Assembly can propose that primary legislative powers be transferred from London to Cardiff.  

If both Houses of the Westminster Parliament agree to the necessary Henry VIII clause secondary legislation (the orders below - which are secondary legislation which can amend primary legislation) then the power is devolved and the National Assembly gets to make "Measures" in that sphere of legislative competence which as section 94 makes clear are the same as Acts of Parliament: " an Assembly Measure may make any provision that could be made by an Act of Parliament.".  

Westminster's theoretical supremacy is maintained by section 93(5): "This Part does not affect the power of the Parliament of the United Kingdom to make laws for Wales."  So any Measure could theoretically be repealed by an Act of Parliament.  

I just can't believe that we use secondary legislation to amend our constitution in such a fundamental manner.  We are supposed to be a mature western democracy; yet we let our politicians play around with the constitution of our State using legislative methods first designed to provide for minor bureaucratic regulations. 

That the transfer of power away from our sovereign legislature can be done without a referendum and without even an Act of Parliament demonstrates how far away from being a modern constitutional state we remain.   

ORDERS APPROVED AT THE PRIVY COUNCIL HELD BY THE QUEEN AT WINDSOR CASTLE ON 12TH APRIL 2010

The Rt Hon Baroness Royall of Blaisdon (Acting Lord President)

The Rt Hon Margaret Hodge MP

The Rt Hon David Lammy MP

Dissolution	Proclamation for dissolving the Parliament and for calling another to meet on Tuesday the eighteenth day of May 2010, and an Order in Council directing the Lord Chancellor to cause the Great Seal to be affixed to the Proclamation.
	Order in Council directing the Lord Chancellor and the Secretary of State for Northern Ireland to issue Writs for the calling of a new Parliament to meet on Tuesday the eighteenth day of May 2010.
Charters	Order granting a Charter of Incorporation to the Worshipful Company of Marketors.
Misuse of Drugs Act 1971	The Misuse of Drugs Act 1971 (Amendment) Order 2010 (SI).
Government of Wales Act 2006	The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (SI).
	The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (SI).
	The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (SI).
	The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010 (SI).
	The National Assembly for Wales (Legislative Competence) (Education) Order 2010 (SI).