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Devolution is an issue that, at various times, has split both Labour and the Conservatives.

The advent of a Conservative-led government at Westminster has done a lot to unify Labour, some of whose MPs discovered an enthusiasm for a rapid referendum on the Welsh assembly's powers almost as soon as Gordon Brown lost office.

So these days it is the Tories' turn to manage internal divisions on the issue. Conservatives have a "free vote" in the forthcoming referendum.

Most Tory AMs support full law-making powers for the Assembly; the party's MPs are rather less enthusiastic. The UK Government may be officially neutral on the issue, but one of its whips, Preseli Pembrokeshire MP Stephen Crabb, has that he will be voting "no" to more powers.

Welsh Secretary Cheryl Gillan and her deputy David Jones have argued that they have a "quasi-judicial" role and therefore won't be taking part in the campaign or the debate.

This role did not appear to inhibit (Labour) Ministers during the 1997 referendum, so, using the Freedom of Information Act, I tried to find out on what basis they formed their "quasi-judicial" defence, particularly what legal advice they had received along those lines.

This is their reply: "You requested "a copy of the legal advice on which the Secretary of State and the Parliamentary Under-Secretary of State base their assertion that they have a 'quasi-judicial role' that inhibits their participation in the debate surrounding the referendum on the Welsh Assembly's powers". We have not identified any records falling within the terms of your request.

"However, it might be helpful if we clarified what we mean by the Secretary of State fulfilling a "quasi- judicial role". The Secretary of State was responsible, during the drafting of the referendum orders, for considering and determining recommendations, which included agreeing the date of and question for the referendum.

"The Secretary of State had a responsibility to consult the Electoral Commission and consider their recommendations on the intelligibility of the question and it was important that both the Secretary of State and the Parliamentary Under Secretary remained impartial and neutral during this process. They have continued to remain impartial and neutral so as not to appear to influence the outcome of the referendum, as it is for the electorate in Wales to decide what that outcome should be.

"The Government made a commitment to hold a referendum in Wales, and the Secretary of State introduced appropriate legislation to fulfil that commitment. The process of delivering the referendum and the result is now a matter for the Electoral Commission."

I cannot think of another example of Government Ministers legislating for a referendum yet staying neutral "so as not to appear to influence the outcome of the referendum". If anyone knows of a precedent, please let me know.

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