Wales Bill

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

[Amendments marked * are new or have been altered]

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”

After Clause 6

BARONESS MORGAN OF ELY

BARONESS GALE

23A

Insert the following new Clause—

“Review

In the event that the power to add new devolved taxes under section 116C
of GOWA 2006 is exercised, the Chancellor of the Exchequer shall
undertake a review of the benefits of parity in the devolution of taxes
between Wales and Scotland, and shall review the existing principles of tax
devolution.”

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
GOWA 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 30 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.”

LORD ROWE-BEDDOE

51A*

Insert the following new Clause—

“Responsibility over air passenger duty

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

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 14th October 2014