Wales Bill

marshalled
list of amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 30th July 2014, as follows—

Clauses 1 to 12
Schedule 1
Clauses 13 to 16
Schedule 2
Clauses 17 to 30

[Amendments marked * are new or have been altered]

Before Clause 1

LORD WIGLEY

LORD ELIS-THOMAS

1

Insert the following new Clause—

“Report on reserved powers

The Secretary of State shall lay a report before each House of Parliament
which shall lay out a timetable for the transfer of the National Assembly for
Wales to a reserved powers model of governance within six months of the
passing of this Act.”

2

Insert the following new Clause—

“Transfer of further powers to the National Assembly for Wales

(1)     The Government of Wales Act 2006 is amended as follows.

(2)     In Part 1 of Schedule 5 insert—

    “Field 21: policing

     Field 22: youth justice

     Field 23: criminal justice and the courts

     Field 24: sentencing, legal aid, Crown Prosecution Service and
judiciary

     Field 25: prison service and probation service

     Field 26: water, including sewerage

     Field 27: public sector pay and conditions

     Field 28: broadcasting

     Field 29: natural resources and energy

     Field 30: the Crown Estate

     Field 31: all matters relating to planning

     Field 32: ports and harbours

     Field 33: Maritime Coastguard Agency

     Field 34: Wales and Borders rail franchise

     Field 35: Network Rail operations in Wales

     Field 36: speed limits and drink drive limits

     Field 37: bus and taxi regulation

     Field 38: the Welsh constitution and electoral arrangements”.”

LORD ELIS-THOMAS

LORD WIGLEY

3

Insert the following new Clause—

“Legislative competence of the National Assembly for Wales

(1)     The Government of Wales Act 2006 is amended as follows.

(2)     In section 108(4)(a), omit “and does not fall within any of the exceptions
specified in that Part of that Schedule (whether or not under that heading
or any of those headings),”.

(3)     In Part 1 of Schedule 7, omit all of the exceptions.”

Clause 1

BARONESS MORGAN OF ELY

BARONESS GALE

4*

Page 1, line 5, leave out subsection (1) and insert—

“(1)     Government of Wales Act 2006 is amended as follows.

(2)     For section 3(1) substitute—

“(1)     Subject to subsection (1A) below, the National Assembly for Wales
shall determine the date of the poll by a resolution of the National
Assembly for Wales.

(1A)    The poll at an ordinary general election to the National Assembly
for Wales is to be held no later than the first Thursday in May in the
fifth calendar year following that in which the previous general
election was held.”

(3)     In section 3(2) omit “if the poll is to be held on the first Thursday in May,”.

(4)     In section 3(2)(a), for “that day” substitute “polling day”.

(5)     Omit sections 4 and 5.

(6)     In section 13, after subsection (1) insert—

“(1A)    The order may not include provision about the date of an election
to the Assembly.””

LORD WIGLEY

LORD ELIS-THOMAS

5

Page 1, line 8, at end insert—

“( )     After section 3(1) of the Government of Wales Act 2006 insert—

“(1A)    A poll for an Assembly ordinary general election may not be held
within 355 days of the date of a general election to the United
Kingdom Parliament.””

After Clause 1

LORD ROWE-BEDDOE

LORD RICHARD

LORD ELYSTAN-MORGAN

6

Insert the following new Clause—

“Size of Assembly

The Secretary of State must introduce a bill to provide that the Assembly
shall constitute at least 80 Assembly Members with effect from the 2016
elections.”

LORD ANDERSON OF SWANSEA

7

Insert the following new Clause—

“Role of National Assembly for Wales

All matters pertaining to the electoral arrangements for the National
Assembly for Wales contained in this Bill shall be subject to agreement by
the Assembly before implementation.”

LORD WIGLEY

LORD ELIS-THOMAS

8

Insert the following new Clause—

“Transfer of all responsibilities for Welsh General Elections to Assembly

(1)     Her Majesty may by Order in Council provide for the transfer of all
responsibility for Welsh General Elections to the National Assembly for
Wales.

(2)     The Secretary of State shall publish draft Orders to be discussed and
determined by both Houses of Parliament within six months of the passing
of this Act.”

LORD ELIS-THOMAS

LORD WIGLEY

9

Insert the following new Clause—

“Devolution of power to determine the size of the National Assembly for Wales

(1)     Her Majesty shall by Order in Council provide for the transfer of
responsibility for determining the size of the National Assembly for Wales
to the National Assembly for Wales.

(2)     The number of members in the National Assembly for Wales must be
determined by—

(a)   a vote of the whole Assembly, and

(b)   a majority of no less than two-thirds of voting Assembly Members.”

10

Insert the following new Clause—

“Devolution of power to determine the electoral system for Welsh general
elections

(1)     Her Majesty shall by Order in Council provide for the transfer of
responsibility for determining the system of election of members of the
National Assembly for Wales to the National Assembly for Wales.

(2)     The system of election of members of the National Assembly for Wales
must be determined by—

(a)   a vote of the whole Assembly; and

(b)   a majority of no less than two-thirds of voting Assembly Members.”

BARONESS HUMPHREYS

11*

Insert the following new Clause—

“Size of Assembly (No. 2)

(1)     The Secretary of State must introduce to Parliament a bill to provide that
the Assembly shall constitute 80 Assembly Members with effect from the
2016 elections.

(2)     The bill must make provision for the Assembly to constitute 100 Assembly
Members elected by the Single Transferable Vote system, to take effect
from the 2021 elections.”

LORD TYLER

LORD THOMAS OF GRESFORD

12*

Insert the following new Clause—

“Franchise for Assembly elections to include 16 and 17 year olds

In section 12 of the Government of Wales Act 2006 (entitlement to vote), at
the end of subsection (1) insert “, or

(c)   those who would be so entitled and registered under this
subsection had they attained the age of 18 but who at the
time of an election held under Part 1 of this Act are aged 16
or 17 years old.

(1A)    For the purposes of this section, the Welsh Ministers must by
regulation make provision for registration officers to take necessary
steps to register 16 and 17 year olds.

(1B)    Regulations for necessary steps under subsection (1A) must
include, but are not limited to, those listed in section 9A of the
Representation of the People Act 1983 (registration officers: duty to
take necessary steps).””

Clause 2

LORD GERMAN

LORD THOMAS OF GRESFORD

13*

Page 2, line 1, at beginning insert—

“( )   for subsection (4) substitute—

“(4)     The list must not include more than six persons (but
may include only one).

(4A)    The list of those persons so nominated shall be
printed on the regional list ballot paper.””

LORD ANDERSON OF SWANSEA

14

Leave out Clause 2 and insert the following new Clause—

“Membership of Assembly

(1)     There shall be two members of the Assembly for each of the forty
Parliamentary constituencies in Wales.

(2)     The two members for each constituency shall be—

(a)   the man with the highest number of votes; and

(b)   the woman with the highest number of votes,

in that constituency.”

LORD ANDERSON OF SWANSEA

BARONESS GALE

 


The above-named Lords give notice of their intention to oppose the Question that Clause 2
stand part of the Bill.

After Clause 3

LORD THOMAS OF GRESFORD

15

Insert the following new Clause—

“Other disqualifications from membership of Assembly

(1)     Section 16 of the Government of Wales Act 2006 (disqualification from
being an Assembly member) is amended as follows.

(2)     In subsection (1), for paragraphs (a) to (e), substitute—

“(a)   holds any of the following judicial offices—

Judge of the Supreme Court;

Judge of the High Court or the Court of Appeal;

Judge of the Court Martial Appeal Court;

Circuit Judge;

County Court Judge;

District Judge (Magistrates’ Court);

Chief or other Social Security Commissioner;

Adjudicator to Her Majesty’s Land Registry;

(b)   is employed by the civil service of the Crown, whether in an
established capacity or not, and whether for the whole or
part of his time;

(c)   is a member of any of the regular armed forces of the Crown;

(d)   is a member of any police force;

(e)   is a member of the legislature of any country or territory
outside the Commonwealth (other than Ireland);

(f)   holds any of the offices for the time being designated by
Order in Council as offices disqualifying persons from
being Assembly members; or

(g)   is employed as a member of the staff of the Assembly.”

(3)     Omit subsections (2) and (3).

(4)     In subsection (4), after “member”, omit from “for” to the end.

(5)     After subsection (6) insert—

“( )     A person shall not be disqualified from standing as a candidate for
the position of Assembly member by reason of his holding any
office designated by an Order in Council under subsection (1)(f).

( )     A person returned at an election as an Assembly member is not
disqualified under subsection (1)(f) at any time in the period of 8
days beginning with the day the person is so returned.””

16

Insert the following new Clause—

“Government of Wales Act 2006: exceptions and relief from disqualification

In section 17 of the Government of Wales Act 2006 (exceptions and relief
from disqualification), omit subsections (3) and (4).”

LORD WIGLEY

LORD ELIS-THOMAS

17

Insert the following new 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.”

BARONESS GALE

BARONESS MORGAN OF ELY

18*

Insert the following new Clause—

“Entitlement to vote for Welsh citizens

A person is entitled to vote as an elector at a Welsh Assembly election, local
government election and parish election, in any Welsh electoral area if on
the date of the poll he—

(a)   is registered in the register of electors for that electoral area;

(b)   is not subject to any legal incapacity to vote (age apart);

(c)   is aged 16 or above on the date of the poll; and

(d)   is deemed eligible in accordance with all other requirements set out
in legislation.”

After Clause 5

LORD ROBERTS OF LLANDUDNO

BARONESS MORGAN OF ELY

LORD TYLER

BARONESS GREY-THOMPSON

19

Insert the following new Clause—

“PART 1A

VOTER REGISTRATION

Power of Secretary of State to make regulations for data sharing

(1)     The Secretary of State shall by regulations impose a duty on government
bodies requiring those bodies to provide specified information to
registration officers in Wales for the purposes of electoral registration.

(2)     Regulations under subsection (1) must include as government bodies the
Driver and Vehicle Licensing Agency, the Department for Work and
Pensions, HM Passport Office and the National Health Service.

(3)     Regulations made under subsection (1) shall include the provision of data
collected by specified government bodies by virtue of specified
applications, which must include applications for new or renewed driving
licences, Disability Living Allowance, Jobseeker’s Allowance, Employment
and Support Allowance, new or renewed passports, and to register with a
GP (as applicable to the specified government body).

(4)     Registration officers shall use the specified information received in relation
to a person—

(a)   if the specified information received contains all of the information
required, to register that person on the appropriate electoral
register or registers; or

(b)   if the specified information does not contain all of the information
required, to make further enquiries of that person to receive the
information required to register that person on the appropriate
electoral register or registers.

(5)     For the avoidance of doubt, nothing in this section shall give any
government body the power to share any information about a person
without that person’s consent.

(6)     In this section—

“electoral register or registers” means the registers in section 9 of the
Representation of the People Act 1983;

“specified applications” means any applications made by a person
potentially eligible to be registered to vote as are specified in
regulations made under section 1(1); and

“specified government bodies” means any government bodies
specified in regulations made under section (1)(1).”

20

Insert the following new Clause—

“Duties on registration officers in Wales

In section 9A of the Representation of the People Act 1983 (registration
officers: duty to take necessary steps), after subsection (2) insert—

“(2A)    In Wales, the steps include—

(a)   taking active steps to increase the number of people on the
electoral register that belong to a specified group;

(b)   leading or arranging for one voter engagement session per
academic year at each school or further education college
within his area of responsibility.

(2B)    In subsection (2A), “specified group” shall have the meaning
determined by regulations made by the Secretary of State but shall
include the following groups—

(a)   people aged 16 to 24 years old;

(b)   people with a disability within the meaning of the Equality
Act 2010; and

(c)   people from a racial group, as defined in section 9 of the
Equality Act 2010, which made up less than 10 per cent of
the population of Wales in the previous census.””

Clause 6

LORD WIGLEY

LORD ELIS-THOMAS

21*

Page 6, line 15, at end insert “and associated tax credits”

22*

Page 6, line 20, after “taxes” insert “, including adding any associated tax credits,”

23*

Page 6, line 31, leave out “each House of Parliament and”

Clause 8

BARONESS RANDERSON

24

Page 9, line 5, leave out “a rate” and insert “rates”

25

Page 9, line 11, leave out “” and insert “”

26

Page 9, line 12, leave out from “set” to end of line 14 and insert “one or more of the
following—

(a)   a Welsh rate for the purpose of calculating the Welsh basic
rate;

(b)   a Welsh rate for the purpose of calculating the Welsh higher
rate;

(c)   a Welsh rate for the purpose of calculating the Welsh
additional rate.”

27

Page 9, line 16, leave out “those rates” and insert “the Welsh basic, higher and
additional rates”

28*

Page 9, line 17, after “income” insert “of Welsh taxpayers”

29

Page 9, leave out line 21

30

Page 9, line 22, leave out “The Welsh rate” and insert “Any Welsh rate specified”

LORD ROWLANDS

31

Page 10, line 20, leave out from beginning to end of line 15 on page 11

BARONESS RANDERSON

32

Page 12, line 1, leave out first “the” and insert “a”

33

Page 12, line 1, after “year” insert “for the purpose of calculating the Welsh basic
rate, Welsh higher rate or Welsh additional rate”

34

Page 12, line 2, leave out second “the” and insert “a”

35

Page 12, line 2, leave out “so set for a tax year” and insert “set by the Assembly for
a tax year for any one or more of those purposes”

BARONESS MORGAN OF ELY

BARONESS GALE

36*

Page 12, line 30, at end insert—

“116JA           Impact of varied tax rates on residents living within the Wales
and England border

The Secretary of State shall review the impact of the provisions
within this section on residents living within 50 miles of the Wales
and England border, and the impact on the potential for tax
competition, and shall place a copy of the review in the Library of
the House of Lords.”

Clause 9

LORD WIGLEY

LORD ELIS-THOMAS

37

Page 13, line 29, leave out from “are” to end of line 36 and insert “those passed by
a resolution of the Assembly”

BARONESS MORGAN OF ELY

BARONESS GALE

38*

Page 13, line 33, leave out “10” and insert “15”

BARONESS RANDERSON

39

Page 13, line 36, at end insert “for the purpose of calculating the Welsh basic rate,
the Welsh higher rate or the Welsh additional rate (as the case may be)”

40

Page 13, line 37, leave out “rate” and insert “rates”

Clause 12

LORD WIGLEY

LORD ELIS-THOMAS

41*

Page 18, line 5, at end insert—

“(3A)    The Secretary of State must lay a draft statutory instrument
containing an Order under subsection (1) before each House of
Parliament and the Assembly if—

(a)   the First Minister or a Welsh Minister appointed under
section 48 of the Government of Wales Act 2006 moves a
resolution in the Assembly that, in the Assembly’s opinion,
a recommendation should be made to Her Majesty to make
an Order under section 12(1), and

(b)   the Assembly passes a resolution on a vote in which the
number of Assembly members voting in favour of it is not
less than two-thirds of the total number of Assembly seats.

(3B)    The Secretary of State must lay the draft statutory instrument
specified in subsection (3A) within the period of 180 days beginning
immediately after the day on which the resolution under that
subsection is passed.”

42*

Page 18, line 7, after “unless” insert “(a)”

43*

Page 18, line 8, leave out “, and approved by a resolution of,”

44*

Page 18, line 9, leave out from “Assembly” to “is” in line 10 and insert “; and

(b)   a resolution of the Assembly approving the Order”

45

Page 18, line 13, leave out subsection (6)

After Clause 12

LORD TYLER

LORD THOMAS OF GRESFORD

46*

Insert the following new Clause—

“Franchise for referendum held under section 12 to include 16 and 17 year olds

(1)     The franchise for a referendum held by virtue of section 12(1) of this Act
shall include 16 and 17 year olds.

(2)     For the purposes of this section, section 2 of the Representation of the
People Act 1983 (local government electors) should read as if the reference
to “18” were substituted with “16”.

(3)     The Welsh Ministers must by regulation make provision for registration
officers to take necessary steps to register those who will have attained the
age of 16 or 17 for the purposes of this section.

(4)     Regulations for necessary steps under subsection (3) must include, but are
not limited to, those listed in section 9A of the Representation of the People
Act 1983 (registration officers: duty to take necessary steps).”

Clause 13

LORD WIGLEY

LORD ELIS-THOMAS

 


The above-named Lords give notice of their intention to oppose the Question that Clause 13
stand part of the Bill.

Clause 14

LORD WIGLEY

LORD ELIS-THOMAS

47*

Page 19, line 2, after “applies” insert “(a)”

48*

Page 19, line 4, at end insert “; or (b) where the Assembly passes a resolution for
the commencement of the income tax provisions on a vote in which the number of
Assembly members voting in favour of it is not less than two-thirds of the total
number of Assembly seats.”

Clause 16

LORD ROWLANDS

 


Lord Rowlands gives notice of his intention to oppose the Question that Clause 16 stand
part of the Bill.

Clause 17

LORD ROWLANDS

 


Lord Rowlands gives notice of his intention to oppose the Question that Clause 17 stand
part of the Bill.

After Clause 19

LORD WIGLEY

LORD ELIS-THOMAS

49

Insert the following new Clause—

“Responsibility over fuel duty

Her Majesty may by Order in Council provide for the transfer of
responsibility for varying fuel duty to the National Assembly for Wales.”

50

Insert the following new Clause—

“Report on introducing a Welsh natural resource tax-sharing arrangement

(1)     The Secretary of State shall make arrangements for an independent review
of options for an arrangement between the UK Government and the Welsh
Government in relation to tax receipts on Welsh natural resources.

(2)     The Secretary of State shall lay a copy of the report of the review before
each House of Parliament within 3 months of the passing of this Act.”

51*

Insert the following new Clause—

“Corporation tax

(1)     If powers over corporation tax are transferred to either (a) Scottish
Ministers or (b) Northern Ireland Ministers before such powers are
transferred to Welsh Ministers, such equivalent powers shall be transferred
to Welsh Ministers in the next available Finance Bill, with such powers to
commence at the same time.

(2)     If such powers over corporation tax are transferred to both (a) the Scottish
Ministers and (b) the Northern Ireland Ministers at the same time, but they
are not the same powers, then the powers transferred to Welsh Ministers
shall be the equivalent of those transferred to Scottish Ministers.

(3)     If there are further transfers of powers over corporation tax at a later date,
then Welsh Ministers will have the same powers as Scottish Ministers.”

Clause 20

LORD WIGLEY

LORD ELIS-THOMAS

52

Page 23, line 19, at end insert—

“(5A)    The Secretary of State shall make arrangements for an independent
report to be compiled on the issuance of bonds by Welsh Ministers.

(5B)    The Secretary of State shall lay a copy of the report specified in
subsection (5A) before each House of Parliament within three
months of this Act being passed.”

53

Page 23, line 26, for “£500 million” substitute “£1,500 million”

54

Page 23, line 31, for “£500 million” substitute “£1,500 million”

55

Page 23, line 36, for “£500 million” substitute “£1,500 million”

After Clause 23

LORD WIGLEY

LORD ELIS-THOMAS

56

Insert the following new Clause—

“Review of Barnett Formula

(1)     The Secretary of State shall make arrangements for an independent 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.

(2)     The Secretary of State shall lay a copy of the report of the review specified
in subsection (1) before each House of Parliament within 3 months of the
passing of this Act.”

Clause 29

LORD ANDERSON OF SWANSEA

57

Page 31, line 18, leave out from end to “is” in line 25 and insert—

“(1A)    Subject to the other provision made by this section, Parts 1, 2 and 3 come
into force on such day as the National Assembly for Wales shall determine.

(1B)    Parts 1, 2 and 3 may not come into force until the recommendations of a
constitutional convention examining the distribution of power between
Wales and the rest of the United Kingdom have been considered and voted
upon by each House of Parliament.

( )     Subsection (1A)”

58

Page 31, line 18, leave out from end to “is” in line 25 and insert—

“(1A)    Subject to the other provision made by this section, Parts 1, 2 and 3 come
into force on such day as the National Assembly for Wales shall determine.

(1B)    Parts 1, 2 and 3 may not come into force until the Welsh Government have
implemented the report of the Commission on Public Service Governance
and Delivery led by Sir Paul Williams.

( )     Subsection (1A)”

59

Page 31, line 24, 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.”

BARONESS MORGAN OF ELY

BARONESS GALE

60*

Page 31, line 24, 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.”

In the Title

LORD ROBERTS OF LLANDUDNO

LORD TYLER

61

Line 2, after “Government;” insert “to make provision about voter registration in
Wales;”

BARONESS RANDERSON

62

Line 3, leave out “a rate” and insert “rates”

LORD WIGLEY

LORD ELIS-THOMAS

63

Line 6, after “Ministers;” insert “to make provision for implementing the
recommendations of both reports of the Commission on Devolution for Wales;”

Prepared 10th October 2014