APPENDIX 3: WALES BILL: GOVERNMENT RESPONSE
I am grateful to the Delegated Powers and Regulatory
Reform Committee for its consideration of the Wales Bill and the
Delegated Powers Memorandum that accompanied it and am writing
to confirm the Government's position in relation to the comments
made on clause 12.
The Committee expressed particular concern over the
use of an Order in Council to set the question and other matters
relating to the referendum. Whilst there is legislative precedent
for including referendum questions on the face of Bills in all
instances when this has been done the timing of the referendum
has been clear at the point of legislating.
The Government wants to put the timing of any referendum
on income tax devolution in the hands of the National Assembly
for Wales, as the Silk Commission recommended, and therefore including
the question in subordinate legislation is more appropriate. This
approach will also allow for consultation on the question and
other matters relating to the referendum to take place in the
political context current to the vote itself.
The alternative would be to set a question now, potentially
several years in advance of any referendum in order to include
it in the Bill. The approach the Government has taken offers the
maximum flexibility while also being one that has been used successfully
for the last Wales-only constitutional referendum, and of course
still giving Parliament the final say in approving any question.
The Government believes that this approach is the right one for
the referendum provided for in this Bill and we hope that the
Committee and the House can be similarly satisfied with our reasoning.
Rt. Hon. Stephen Crabb MP
Secretary of State for Wales
25 September 2014
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