House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

239

House of Commons

Tuesday 24 June 2014

Consideration of Bill

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Wales Bill

New cLAUSES

Secretary David Jones

NC1

To move the following Clause—

“Welsh taxpayers for social security or child support purposes

After section 155 of GOWA 2006 insert—

“155A
Welsh taxpayers for social security or child support purposes

(1)
The Secretary of State may by order provide for individuals of any

specified description to be treated as if they were, or were not, Welsh

taxpayers for all or specified purposes of—

(a)
social security, or

(b)
child support.

(2)
The Secretary of State may by order provide in relation to any year of

assessment that the Welsh basic rate, Welsh higher rate or Welsh

additional rate in relation to the income of Welsh taxpayers is to be

treated as being a specified rate for all or specified purposes of—

(a)
social security, or

(b)
child support.

(3)
An order under subsection (1) or (2) may apply in respect of any

individuals whether or not they have a close connection with Wales.

(4)
An order under subsection (1) or (2) may make such modifications of any

enactment, or any other instrument or document, as the Secretary of State

considers appropriate in connection with the provision made by the order.

(5)
No order is to be made under subsection (1) unless a draft of the statutory

instrument containing it has been laid before, and approved by a

resolution of, each House of Parliament.

(6)
No order under subsection (2) which contains a provision making

modifications of an enactment contained in an Act is to be made unless a

Consideration of Bill: 24 June 2014
240

Wales Bill, continued

draft of the statutory instrument containing it has been laid before, and

approved by a resolution of, each House of Parliament.

(7)
A statutory instrument containing an order under subsection (2) is (unless

a draft of the statutory instrument has been approved by a resolution of

each House of Parliament) subject to annulment in pursuance of a

resolution of either House of Parliament.

(8)
In this section—

“specified” means specified in the order;

“Welsh basic rate”, “Welsh higher rate” and “Welsh additional rate” have

the same meaning as in the Income Tax Acts;

“Welsh taxpayer” has the same meaning as in Chapter 2 of Part 4A of this

Act.””

Member’s explanatory statement

An individual’s tax liability may be relevant to entitlement to social security benefits or to the level

of child support payable. This amendment enables the Secretary of State, for social security or

child support purposes, to treat someone as being (or not being) a Welsh taxpayer and the Welsh

rates of income tax as being specified rates.

Mr Elfyn Llwyd

Jonathan Edwards

Hywel Williams

NC2

To move the following Clause—

“Infrastructure guarantees in Wales

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

for providing infrastructure guarantees in Wales to the Welsh Ministers.”

Mr Elfyn Llwyd

Jonathan Edwards

Hywel Williams

NC3

To move the following Clause—

“National Assembly ability to hold binding referenda

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

for holding binding referenda to the National Assembly for Wales.”

Consideration of Bill: 24 June 2014
241

Wales Bill, continued

Owen Smith

Nia Griffith

NC4

To move the following Clause—

“National Assembly for Wales: reserved powers

(1)
The Secretary of State will lay 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 and shall lay the report before each House of

Parliament within nine months of this Act receiving Royal Assent.

(2)
Part 2, except the referendum-related provisions and sections 19 and 20 shall not

come into force until the report has been laid in accordance with subsection (1).”

Owen Smith

Nia Griffith

13

Page  1,  line  9,  leave out Clause 2

Secretary David Jones

1

Clause  6,  page  5,  line  12,  leave out “the taxes” and insert “particular taxes as

devolved taxes”

Member’s explanatory statement

This amendment clarifies that Chapters 3 and 4 of Part 4A of GOWA 2006 deal with devolved

taxes. This distinguishes devolved taxes from the local taxes (such as council tax and non-domestic

rates) over which the Assembly already has legislative competence under paragraph 12 of Part 1

of Schedule 7 to that Act.

Mr Elfyn Llwyd

Jonathan Edwards

Hywel Williams

9

Clause  9,  page  13,  line  33,  leave out “10” and insert “100”

Member’s explanatory statement

This amendment would make the Welsh Government responsible for 100 per cent of income tax

revenue gathered in Wales.

Owen Smith

Nia Griffith

10

Clause  9,  page  13,  line  33,  leave out “10” and insert “15”

Consideration of Bill: 24 June 2014
242

Wales Bill, continued

Secretary David Jones

2

Clause  13,  page  18,  line  23,  at end insert—

“( )
The Secretary of State may bring section (Welsh taxpayers for social security or

child support purposes) into force by order.”

Member’s explanatory statement

This amendment and amendment 5 enable the new clause inserted by new clause NC1 to come into

force by order of the Secretary of State if the majority of voters in a referendum held under clause

11 vote in favour of clauses 8 and 9 (the income tax provisions) coming into force.

Mr Elfyn Llwyd

Jonathan Edwards

Hywel Williams

8

Clause  19,  page  22,  line  8,  at end insert—

“(1B)
Welsh Ministers may set their own capital expenditure priorities.”

Member’s explanatory statement

This amendment would ensure that a future Welsh Government can utilise the borrowing capacity

in order to invest in infrastructure projects that it deems a priority, and not be constricted or forced

to invest in a project that the Treasury deems a priority.

Secretary David Jones

3

Clause  22,  page  25,  line  43,  at end insert—

“( )
section (Welsh taxpayers for social security or child support purposes)

(Welsh taxpayers for social security or child support purposes),”

Member’s explanatory statement

This amendment ensures that a report under clause 22 (reports on the implementation and

operation of Part 2 of the Bill) is not required to cover the new clause inserted by new clause NC1.

Secretary David Jones

4

Clause  27,  page  30,  line  14,  at end insert—

“( )
In this section, references to the provisions of Part 2 do not include section (Welsh

taxpayers for social security or child support purposes) (Welsh taxpayers for

social security or child support purposes).”

Member’s explanatory statement

This amendment ensures that the power to make supplementary etc provision in clause 27 does not

extend to making provision in connection with the new clause inserted by new clause NC1.

Consideration of Bill: 24 June 2014
243

Wales Bill, continued

Owen Smith

Nia Griffith

14

Clause  28,  page  30,  line  19,  at end insert “except section 2”

Owen Smith

Nia Griffith

11

Clause  28,  page  30,  line  20,  after “except”, insert “sections 8 and 9”

Owen Smith

Nia Griffith

12

Clause  28,  page  30,  line  22,  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 Govenment, 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.”

Secretary David Jones

5

Clause  28,  page  30,  line  27,  after “9” insert “, (Welsh taxpayers for social security

or child support purposes)”

Owen Smith

Nia Griffith

15

Clause  28,  page  30,  line  37,  at end insert—

“(8)
Part 1, section 2, comes into force when 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 electoral arrangements of

the National Assembly for Wales, is content with fairness of those arrangements.”

Secretary David Jones

6

Schedule  1,  page  32,  line  40,  at end insert—

“Assistance for designated organisations

6A  (1)
An Order under section 11(1) may make provision for the provisions of

PPERA 2000 listed in sub-paragraph (2) to apply with specified modifications

in relation to a referendum held by virtue of section 11(1).

      (2)
The provisions are—

(a)
sections 108 and 109 of PPERA 2000 (designation of organisations to

whom assistance is available);

(b)
section 110 of, and Schedule 12 to, that Act (assistance available to

designated organisations).

Consideration of Bill: 24 June 2014
244

Wales Bill, continued

      (3)
The modifications specified may include allowing a permitted participant to be

designated by the Electoral Commission under section 108(1) of PPERA 2000

in relation to one of the possible outcomes at the referendum whether or not a

permitted participant is designated in relation to the other possible outcome.”

Member’s explanatory statement

This amendment enables an Order in Council under clause 11 to modify the provisions of PPERA

2000 about designation of organisations by the Electoral Commission, and the kinds of assistance

available to designated organisations. For example, the Commission could designate an

organisation under section 108 of PPERA 2000 in relation to one (rather than both) of the possible

outcomes of a referendum.

Note

Amendment 6 is in amended form from the text orginally submitted.

Secretary David Jones

7

Schedule  1,  page  33,  leave out lines 1 to 29 and insert—

“Information and encouraging participation

7    (1)
An Order under section 11(1) may authorise or require the Electoral

Commission to do things for the purpose of promoting public awareness and

understanding in Wales about one or more of the following—

(a)
the referendum which the Order causes to be held;

(b)
the question to be included on the ballot paper at that referendum;

(c)
voting in that referendum.

      (2)
An Order under section 11(1) may authorise or require the Chief Counting

Officer to do things for the purpose of encouraging participation in the

referendum which the Order causes to be held.

      (3)
The things which the Commission or the Chief Counting Officer may be

authorised or required to do under sub-paragraph (1) or (2) include imposing

obligations, or conferring powers, on counting officers or other persons.”

Member’s explanatory statement

This amendment enables an Order in Council under clause 11 to authorise or require the Electoral

Commission or the Chief Counting Officer to do things for the purpose of promoting public

awareness and understanding of, and encouraging participation in, the referendum. Those things

may include the issuing of directions to counting officers.

Order of the House [31 March 2014]

That the following provisions shall apply to the Wales Bill—

Committal

1.
The following shall be committed to a Committee of the whole House.

Proceedings in Committee

2.
Proceedings in Committee of the whole House shall be completed in two

days.

3.
The proceedings shall be taken on the days shown in the first column of the

following Table and in the order so shown.

4.
The Proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

Consideration of Bill: 24 June 2014
245

Wales Bill, continued

TABLE

Proceedings
Time for conclusion of proceedings

First Day

Clauses 1 to 5, new Clauses relating
Ninety minutes after the moment of

to Part 1, new Schedules relating to
interruption on the first day

Part 1, Clauses 8 to 11, Schedule 1,

Clauses 12 and 13, new Clauses

relating to the subject matter of

Clauses 8 to 13 and Schedule 1, new

Schedules relating to the subject

matter of Clauses 8 to 13 and

Schedule 1

Second Day

Clauses 6 and 7, Clauses 14 and 15,
The moment of interruption on the

Schedule 2, Clauses 16 to 22,
second day

remaining new Clauses relating to

Part 2, remaining new Schedules

relating to Part 2, Clauses 23 to 29,

remaining new Clauses, remaining

new Schedules, remaining

proceedings on the Bill

Consideration and Third Reading

5.
Any proceedings on Consideration shall (so far as not previously concluded)

be brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

Programming committee

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings in Committee, to any proceedings on Consideration or to

proceedings on Third Reading

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.



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