Rhys Evans The Politics Show Wales

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Assembly Members could have more powers in their new home

The House of Lords are to debate proposals to give the National Assembly for Wales greater powers.

The Secretary of State for Wales has warned that it would be a "travesty of democracy" if the House of Lords were to "trample" over key elements of the new Government of Wales Bill.

As the upper house begins its second reading of the Government of Wales Bill, Peter Hain has pledged to "fight tooth and nail" to prevent Labour manifesto commitments being "wrecked by the Lords".

The Government of Wales Bill contains three main elements, the first - a proposal to separate the executive and legislative functions of the Assembly has proved largely uncontroversial.

The Bill also outlines a mechanism whereby primary powers can be transferred on a case by case basis by orders in council.

Tory peer Lord Crickhowell claims that the procedure is "dangerous" and amounts to an "abuse of the constitution" which can expect a "very rough ride indeed" in the Lords.

Labour Peer Lord Ivor Richard, Chair of a Cross Party Commission that reviewed Assembly powers in 2004 also warns that the mechanism, known in Parliamentary language as "Henry VIII powers" will "raise a few eyebrows" in the upper house.

Liberal Democrat peer Lord Thomas of Gresford claims the "very clumsy mechanism" will draw the attention of the constitutional lawyers on the red benches.

The Liberal Democrats also say they will not accept the "Salisbury Doctrine" - the Convention ensures that major government bills mentioned in an election manifesto can get through when the government of the day has no majority in the Lords.

The third element likely to provoke debate in the Lords is a proposal to prohibit election candidates in Wales from standing on regional lists and in individual constituencies.

The Government claims that the system has been abused by individual AMs.

This has already proved politically contentious in Wales with opposition parties accusing the Labour Government of gerrymandering and acting for its own political ends.

Opposition peers and cross-benchers are likely to oppose the ban.

An independent panel of experts appointed by the Secretary of State for Scotland recently concluded that candidates for the Scottish Parliament should not be prohibited from standing both on the list and in constituencies.

Its Chairman Sir John Arbuthnott, speaking to Politics Show Wales said that the Commission found "no particular evidence" that dual candidacy was a problem for the public.

Rather, he says that introducing a ban without a political consensus is likely "to antagonise voters".

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