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(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment moved or Motion made by a Minister of the Crown;
(d) any other Question necessary for the disposal of the business to be concluded;
(2) Proceedings under sub-paragraph (1) above shall not be interrupted under any Standing Order relating to sittings of the House and may be decided, though opposed, at any hour.
(3) On a Motion made for a new Clause or a new Schedule, the Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(4) If two or more Questions would fall to be put under sub-paragraph (1)(c) on amendments moved or Motions made by a Minister of the Crown, the Speaker shall instead put a single Question in relation to those amendments or Motions.
Miscellaneous
4. Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to proceedings on the Bill at today's sitting.
As amended in the Standing Committee, considered.
'.--(1) Subject to subsections (4) and (6), the National Assembly for Wales may by order amend, repeal, revoke or disapply any enactment to which subsection (2) applies so far as that enactment has effect in relation to a local authority in Wales.
(2) This subsection applies to--
(a) section 49(1)(c) of the Environmental Protection Act 1990,
(b) section 2 of the Home Energy Conservation Act 1995,
(c) section 84(2)(b) of the Environment Act 1995,
(d) any other enactment (whenever passed or made) which--
(i) requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and
(ii) is specified in an order made by the Secretary of State under this subsection.
(3) The power under subsection (1) may be exercised in relation to--
(a) all local authorities in Wales,
(b) particular local authorities in Wales, or
(c) particular descriptions of local authority in Wales.
(4) The power under subsection (1) may be exercised in relation to a local authority only if the National Assembly for Wales considers--
(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.
(5) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
(6) An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.
(7) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).'.--[Mr. Hanson.]
Brought up, and read the First time.
The Parliamentary Under-Secretary of State for Wales (Mr. David Hanson): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Mr. Michael Lord): With this it will be convenient to discuss the following: new clause 6--Exercise of power under section 5--
'.--(1) A local authority may submit a proposal to the Secretary of State that the power under section 5 should be exercised in relation to that authority in accordance with that proposal.
(2) The Secretary of State may be regulations make provision for or in connection with the submission of an application by a local authority under subsection (1) above.
Amendment No. 16, in clause 5, page 3, line 21, at beginning insert--
'( ) A local authority may apply to the Secretary of State to amend, repeal, revoke, or disapply an enactment (whenever passed or made) which it considers prevents or obstructs it from exercising its power under section 2(1)'.
Amendment No. 17, in page 3, line 21, after "thinks", insert--
', whether or not on the application of a local authority,'.
Amendment No. 18, in page 3, line 24, at end insert--
'( ) Before exercising the power under subsection (1) the Secretary of State shall consult representatives of local government and such persons as he feels appropriate.'.
Mr. Hanson: Clause 6 confers a power on the Secretary of State by order to amend, repeal, revoke or disapply any enactment, whenever passed or made, that requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter. New clause 8 and amendment No. 100 make provision for the exercise of that power by the National Assembly for Wales. In doing so, they seek to balance the Assembly's legitimate desire to have a degree of control over legislation affecting Welsh authorities while reflecting that this House and Parliament retain primacy in relation to primary legislation.
New clause 8 states that the Assembly may exercise the powers in clause 6 in relation to the plans specified in subsection (2). That covers issues relating to air quality, energy conservation and waste disposal. The plans concern specific policy issues that have been devolved to the National Assembly, and the Government consider that the Assembly should be able to determine how local authorities in Wales should exercise their responsibilities in relation to those issues. The list in subsection (2) is not comprehensive, and subsection (2)(d) provides for the Secretary of State to specify further plans over which the Assembly can exercise powers under clause 6 in due course.
Amendment No. 100 makes provision for the role of the Assembly in relation to the powers contained in new clause 6. It ensures that the Secretary of State will consult the Assembly before using his powers in clause 6 in a way that affects local authorities in Wales, and that no changes can be made to the Assembly's own legislation without its full consent. It also provides the Assembly with powers to submit proposals to the Secretary of State in order to make changes to planning requirements which are not contained in subsection (2) of the new clause. The amendments represent a sensible division of responsibility between the National Assembly and Parliament.
Grouped with these amendments are new clause 6, which was tabled by the hon. Member for Bath (Mr. Foster), and amendments Nos. 16, 17 and 18, which were tabled by the official Opposition. I will potentially listen to the Opposition's points but, briefly, all four amendments are, I hope, unnecessary. Local authorities can already make proposals to the Secretary of State. Indeed, my hon. Friends are actively encouraging them to do so through a range of initiatives. We have made it clear that we will look very closely at any proposals that come out of those initiatives, just as we will consider carefully and respond to proposals from any other local authority. I therefore hope that there is no question of any proposals being ignored.
In the interests of time and given that many of the scrutineers--having argued for a considerable period about scrutiny of the Bill--have now disappeared from the Chamber, I shall commend the Government amendments and hope that the House will agree to them.
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