Wales Bill

marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 4th November 2014, as follows—

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

[Amendments marked * are new or have been altered]

Before Clause 1

LORD ELYSTAN-MORGAN

LORD WIGLEY

BARONESS MORGAN OF ELY

1

Insert the following new Clause—

“Reserved powers for the National Assembly for Wales

The Secretary of State shall, within six months of the passing of this Act, lay
a report before both Houses of Parliament on further legislative steps
needed to establish a model of reserved powers for the National Assembly
for Wales, which shall include a detailed timetable for implementation of
this new model.”

LORD WIGLEY

LORD ELIS-THOMAS

2

Insert the following new Clause—

“Powers of the Assembly to extend the franchise to younger people

(1)     The Assembly may legislate to extend the franchise for Assembly elections
to every person in Wales aged 16 and over on the date of the election.

(2)     The Assembly may legislate to extend the franchise for elections to local
authorities and for any Welsh referendum, whether held throughout Wales
or locally within Wales, to every person in Wales aged 16 and over on the
date of the election.

(3)     No resolution to extend the franchise to people aged 16 and over, under
this section, will be valid unless supported by at least two-thirds of the
Assembly members participating in the voting on such a resolution.”

After Clause 1

LORD TYLER

LORD THOMAS OF GRESFORD

LORD ROBERTS OF LLANDUDNO

BARONESS HUMPHREYS

3

Insert the following new Clause—

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

In section 12 of GOWA 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.

(1AA)    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).””

LORD ANDERSON OF SWANSEA

BARONESS MORGAN OF ELY

4

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 Act shall be subject to agreement by
the Assembly before implementation.”

LORD ELIS-THOMAS

LORD WIGLEY

5

Insert the following new Clause—

“Powers for the National Assembly for Wales over its constitution, structure,
membership and elections

(1)     Schedule 7 to GOWA 2006 (acts of the Assembly) is amended as follows.

(2)     In Part 1 (subjects), after paragraph 13 insert—

“13A          Constitution, structure, membership, electoral arrangements,
powers and duties of members and officers of the National
Assembly for Wales.”

(3)     In relation to paragraph 13A of Part 1 of Schedule 7 to GOWA 2006, the
number of members and the system of election to the National Assembly
for Wales must be determined by a vote of the whole Assembly by a
majority of no less than two-thirds of voting Assembly Members.”

Clause 2

LORD GERMAN

LORD THOMAS OF GRESFORD

BARONESS HUMPHREYS

LORD ROBERTS OF LLANDUDNO

6*

Page 2, line 1, at end 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

BARONESS MORGAN OF ELY

7

Leave out Clause 2

Clause 3

LORD NORTON OF LOUTH

8

Leave out Clause 3

After Clause 3

LORD THOMAS OF GRESFORD

BARONESS HUMPHREYS

LORD GERMAN

BARONESS WALMSLEY

9

Insert the following new Clause—

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

In section 17 of GOWA 2006 (exceptions and relief from disqualification),
omit subsections (3) and (4).”

10

Insert the following new Clause—

“Other disqualifications from membership of Assembly

(1)     Section 16 of GOWA 2006 (disqualification from being 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), omit from “member” to the end.

(5)     After subsection (6) insert—

“(7)     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).

(8)     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.””

BARONESS GALE

BARONESS MORGAN OF ELY

11

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, or
local government election in any Welsh electoral area, or in any Welsh
referendum, 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.”

LORD ELYSTAN-MORGAN

LORD WIGLEY

12

Insert the following new Clause—

“National Assembly for Wales: increased membership

The total membership of the National Assembly for Wales (Cynulliad
Cenedlaethol Cymru) shall be increased to 80 members.”

After Clause 5

LORD ROBERTS OF LLANDUDNO

LORD LEXDEN

BARONESS MORGAN OF ELY

BARONESS GREY-THOMPSON

13

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 subsection (1); and

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

14

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.””

LORD ROBERTS OF LLANDUDNO

LORD TYLER

LORD LEXDEN

BARONESS GREY-THOMPSON

15

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 leading, or arranging for, at least one
voter registration session per academic year at each school or
further education college within his area of responsibility.””

Clause 6

BARONESS MORGAN OF ELY

BARONESS GALE

16

Page 7, line 13, at end insert—

“(10)    In the event that the power to add new devolved taxes under
section 116C of GOWA 2006, 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.”

Clause 8

LORD ROWLANDS

17

Page 10, leave out lines 24 to 40

After Clause 9

BARONESS MORGAN OF ELY

BARONESS GALE

18

Insert the following new Clause—

“Review of Welsh funding

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.”

After Clause 12

LORD TYLER

BARONESS YOUNG OF HORNSEY

LORD THOMAS OF GRESFORD

LORD BERKELEY OF KNIGHTON

19

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 be 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).”

After Clause 19

LORD WIGLEY

20

Insert the following new Clause—

“Corporation tax

(1)     If powers over corporation tax are transferred to Scottish ministers with
regard to Scotland then UK ministers shall, within 6 months of the passing
of legislation for that transfer to Scotland, present to Parliament proposals
for transferring similar powers to Welsh ministers.

(2)     Prior to the tabling of the legislative provisions in subsection (1), UK
ministers shall discuss with Welsh ministers the timing and any
transitional provisions relating to the proposed transfer of powers.”

In the Title

LORD ROBERTS OF LLANDUDNO

LORD LEXDEN

BARONESS MORGAN OF ELY

BARONESS GREY-THOMPSON

21

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

Prepared 8th November 2014