House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1945

House of Commons

Tuesday 6 May 2014

Committee of the whole House

New Amendments handed in are marked thus

Wales Bill

Note

The amendments have been arranged in accordance with the Order of the House

[31 March 2014].

Secretary David Jones

19

Clause  6,  page  5,  leave out lines 13 and 14.

Member’s explanatory statement

This amendment and amendment 21 ensure that the overview provision in new section 116A(1) of

GOWA 2006 relating to the Assembly power to set a rate of income tax can only come into force,

like the other provisions relating to that power, following a yes vote in a referendum.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

32

Clause  6,  page  6,  line  20,  after ‘description’, insert ‘, a tax credit of any

description’.

Member’s explanatory statement

This amendment would allow the Welsh Government, by resolution of the National Assembly for

Wales, to introduce new tax credits.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

33

Clause  6,  page  6,  line  32,  leave out ‘, each House of Parliament and’.

Member’s explanatory statement

This amendment would enable the Welsh Government, by resolution of the National Assembly for

Wales, to introduce a new tax without the need for approval by resolution of both Houses of

Parliament.

Committee of the whole House: 6 May 2014
1946

Wales Bill, continued

Owen Smith

Nia Griffith

40

Clause  6,  page  7,  line  13,  at end insert—

‘(10)
In the event that the power to add new devolved taxes under Section 116C, or the

power to add new devolved taxes under Section 80B of the Scotland Act 1998 is

used, the Chancellor of the Exchequer must undertake a review of the benefits of

symmetry in the devolution of taxes between Wales and Scotland.’.

Secretary David Jones

20

Clause  7,  page  8,  line  20,  at end insert—

‘( )
In Schedule 7 to GOWA 2006 (legislative competence to make Acts of the

Assembly)—

(a)
in Part 2 (general restrictions), after paragraph 4, insert—

“4A
A provision of an Act of the Assembly cannot—

(a)
remove or modify, or confer power by subordinate

legislation, to remove or modify, any function of Her

Majesty’s Revenue and Customs, or

(b)
confer or impose, or confer power by subordinate

legislation to confer or impose, any function on Her

Majesty’s Revenue and Customs.”;

(b)
in Part 3 (exceptions from Part 2), after paragraph 7, insert—

“Her Majesty’s Revenue and Customs

7A  (1)
Part 2 does not prevent a provision of an Act of the

Assembly—

(a)
removing or modifying, or conferring power by

subordinate legislation to remove or modify, any

function of Her Majesty’s Revenue and Customs, or

(b)
conferring or imposing, or conferring power by

subordinate legislation to confer or impose, any

function on Her Majesty’s Revenue and Customs,


if the following conditions are met.

      (2)
The conditions are—

(a)
that the function relates to a devolved tax, and

(b)
that the Treasury consent to the provision.”’.

Member’s explanatory statement

This amendment prevents an Act of the Assembly removing or modifying functions of, or conferring

or imposing functions on, Her Majesty’s Revenue and Customs unless the functions relate to

devolved taxes. In that case the consent of the Treasury is also required.

Committee of the whole House: 6 May 2014
1947

Wales Bill, continued

Owen Smith

Nia Griffith

7

Clause  14,  page  19,  line  5,  at end add—

‘(3)
The Secretary of State shall review the historical volatility of stamp duty land tax

revenues in Wales, and place a copy of the review in the Library of the House of

Commons.’.

Owen Smith

Nia Griffith

8

Clause  17,  page  20,  line  29,  at end add—

‘(3)
The Secretary of State shall review the historical volatility of landfill tax revenues

in Wales, and place a copy of the review in the Library of the House of

Commons.’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

36

Clause  19,  page  21,  line  18,  leave out ‘, with the approval of the Treasury,’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

37

Clause  19,  page  21,  leave out lines 26 to 31 and insert—

‘“(1)
On receipt of notice of an appropriate resolution of the Assembly, the Secretary

of State shall by order amend subsection (1A) so as to vary, in the manner

indicated by the terms of such resolution, the means by which Welsh Ministers

may borrow money.”.’.

Member’s explanatory statement

These amendments would enable the National Assembly to change the way money for capital

expenditure is borrowed, including the issuance of bonds, without the need for consent by the

Treasury or Resolution of the House of Commons.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

35

Clause  19,  page  21,  line  31,  at end insert—

‘(6)
The Secretary of State shall make arrangements for an independent report to be

compiled on the issuance of bonds by Welsh Ministers.

(7)
The Secretary of State shall lay a copy of the report specified in subsection (6)

before each House of Parliament within three months of this Act being passed.’.

Member’s explanatory statement

The Scotland Act 2012 enables the Secretary of State, by order and consent of HM Treasury, to

change how Scottish Ministers can borrow money for capital purposes, for example, allowing the

Committee of the whole House: 6 May 2014
1948

Wales Bill, continued

issue of bonds. Clause 19(5) of the Wales Bill contains the same provisions. This amendment seeks

clarification on the power to issue bonds.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

34

Clause  19,  page  21,  line  38,  at end insert ‘and if that amount is more than the

amount for which it is substituted it shall not thereafter be reduced below that higher

amount’.

Member’s explanatory statement

This amendment would ensure that when the Secretary of State raises the borrowing for investment

limit, it cannot subsequently be reduced.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

5

Clause  19,  page  21,  line  38,  at end insert—

‘(3B)
The figure mentioned in inserted subsection (3A) shall be recalculated on an

annual basis to maintain its value in real terms against inflation.’.

David T. C. Davies

Guto Bebb

12

Clause  21,  page  23,  line  4,  at end insert—

‘(1A)
In Part 1, in paragraph 9 (Health and health services), after “national health

service” insert—


“Organisation and funding (expenditure and income) of the provision

of health services in England to people registered with a GP in Wales

and the provision of such services in Wales to people registered with

a GP in England.”.’.

David T. C. Davies

Guto Bebb

13

Clause  21,  page  23,  line  17,  at end insert—

‘(d)
the scrutiny of reductions of, and additions to, the block grant to reflect

expenditure and income arising from the provision of certain services in

England to people resident or otherwise eligible for such services in

Wales and the provision of such services in Wales to people resident or

otherwise eligible in England.’.

David T. C. Davies

Guto Bebb

14

Clause  21,  page  23,  line  24,  at end insert—

‘(g)
a Welsh Minister responsible for a service falling under section 13(d)

(definition of budgetary procedures)’.

Committee of the whole House: 6 May 2014
1949

Wales Bill, continued

Secretary David Jones

29

Clause  21,  page  23,  line  32,  at end insert—

‘( )
in sub-paragraph (2), after paragraph (a) insert—

“(aa)
section 119 in so far as it relates to estimated payments

for a financial year into the Welsh Consolidated Fund or

to the Welsh Ministers, the First Minister or the Counsel

General;”;’.

Member’s explanatory statement

This amendment ensures that the Assembly is not prevented from modifying section 119 of GOWA

2006 (statement of estimated payments) provided such modification relates to the estimated

payments described in the amendment and not to the Secretary of State’s duty in subsection (3) of

that section.

Mr Mark Harper

17

Clause  22,  page  24,  line  46,  leave out ‘and’.

Mr Mark Harper

18

Clause  22,  page  24,  line  46,  at end insert—

‘(ae)
an estimate of the costs of providing services in Wales to people resident

in England; an estimate of the monies received from HM Treasury to

fund such provision; and an assessment of the effectiveness of any

relevant agreements in place governing cross-border service provision,

and’.

Member’s explanatory statement

This amendment and amendment 17 to Clause 22 are intended to make the operation of

agreements that govern cross-border services, such as the NHS protocol, more transparent to

residents of both England and Wales.

REmaining new clauses relating to part 2

Review of options for Barnett formula reform

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC1

To move the following Clause:—

‘(1)
The Secretary of State shall make arrangements for a review of options for

reforming the Barnett formula in order to meet the objective of calculating the

block grant funding for Wales on the basis of need.

Committee of the whole House: 6 May 2014
1950

Wales Bill, continued

(2)
The Secretary of State shall lay a copy of the report of the review mentioned in

subsection (1) before each House of Parliament within six months of this Act

receiving Royal Assent.’.

Cross-border health care

Mr Mark Harper

NC3

To move the following Clause:—

‘After section 1 of the National Health Service (Wales) Act 2006, insert—

“1A
Duty to have regard to impact on services in certain areas

In exercising functions relating to the health service, the Welsh Ministers

must have regard to the likely impact of those decisions on the provision

of health services to persons who reside in an area of England that is close

to the border with Wales.”.’.

Member’s explanatory statement

This New Clause places a duty on Welsh Ministers to consider the impact of their decisions on the

provision of health services to people who reside in England, analagous to a duty already placed

on the NHS Commissioning Board in England to consider the impact of its decisions on people

residing in Wales and Scotland.

Owen Smith

Nia Griffith

38

Clause  28,  page  29,  line  34,  after ‘except’, insert ‘sections 8 and 9 and’.

Owen Smith

Nia Griffith

42

Clause  28,  page  29,  line  34,  leave out paragraph (2)(b).

Owen Smith

Nia Griffith

39

Clause  28,  page  29,  line  36,  at end insert—

‘(2A)
Sections 8 and 9 shall not come into force until a Welsh Government Minister has

laid a report before the National Assembly for Wales containing a statement to

the effect that the Welsh Government, with regard to the Statement of Funding

Policy, is content with the fairness of the arrangements for allocating funding

from the UK Government to Wales.

(2B)
Sections 8 and 9 shall be suspended following any substantive reform,

amendment or other alteration of the arrangements mentioned in subsection (2A),

until the process under subsection (2A) has been repeated.’.

Committee of the whole House: 6 May 2014
1951

Wales Bill, continued

Owen Smith

Nia Griffith

43

Clause  28,  page  29,  line  36,  at end insert—

‘( )
Part 2, except the referendum-related provisions and sections 19 and 20, will

come into force the day after the Secretary of State has laid a report before each

House of Parliament on the further legislative steps needed to move to a model of

reserved powers for the National Assembly for Wales; the report must be laid

within six months of this Act receiving Royal Assent.’.

REMAINING NEW CLAUSES

Crown Estate in Wales

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC7

To move the following Clause:—

‘Her Majesty may by Order in Council provide for the transfer of legislative

responsibility for the Crown Estate in Wales to the National Assembly for

Wales.’.

Crown Estate in Wales:Revenue

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC8

To move the following Clause:—

‘Revenue raised by the Crown Estate in Wales shall be paid into the Welsh

Consolidated Fund.’.



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