Lord Harper (Con)

Hang on. The noble Lord has just intervened on me; I am still making my speech, and I need to deal with this. I agree with the point he made. Let me come on to the amendments from the noble Baroness, Lady Smith of Llanfaes. She has set out an alternative way of doing this, which retains the powers entirely with the Senedd, and there is a lot to be said for that. I will not say more about that now, because I made those points when we debated Wales in the first place. Instead, I have two further questions to ask. In my reading of Clause 42(3) and (4), the Secretary of State—at Westminster— “may by regulations make provision about voluntary … dying services”, including the Henry VIII power to amend primary legislation. Does that enable the Secretary of State—a Secretary of State at Westminster—to amend the legislation that set up the health service in Wales, the National Health Service (Wales) Act 2006, which sets out the foundational principles of the health service in Wales? If it does, it is exactly what the noble Lord, Lord Stevens, said the other week: it again means that this bit is a Trojan horse allowing the fundamental principles of the NHS to be changed in Wales, not by Welsh Ministers but by a Secretary of State at Westminster and, as my noble friend Lady Finlay said, without even having to consult Welsh Ministers. That is not acceptable in principle, and I would be grateful if the noble and learned Lord could confirm that. I will take one more brief intervention, because I have one more point to make before I sit down.