2 Procedural implications
4. The main concern which we identified in our 1999
Report in relation to joint meetings was that they might turn
out to be governed by the legal framework of neither the House
of Commons nor the National Assembly.[5]
The powers of the House of Commons derive from its ancient privileges
and the Bill of Rights 1689; those of the National Assembly entirely
from the Government of Wales Act 1998.[6]
5. The solution advocated by the working group and
endorsed by the Clerk of the House is termed "reciprocal
enlargement": either Assembly Members would be invited
to attend and take part in House of Commons proceedings or
Members of the House would be invited to attend and take part
in Assembly proceedings, the activities concerned counting as
proceedings of the host body, chaired by one of its members and
governed by its rules. Meetings could if desired be hosted by
the two bodies alternately.
6. As the working group points out, there is a precedent
for people who are not Members of either House of Parliament to
take part in its proceedings other than as witnesses: in 1933
a Joint Committee on Indian Constitutional Reform was given power
to "call into consultation representatives of the Indian
States and of British India", and such representatives put
questions directly to witnesses, subject to the direction of the
Chairman.[7] Similarly,
non-members can take part in specified proceedings of the National
Assembly.
7. The provisions regarding freedom of speech differ
slightly between the two bodies: the Bill of Rights protects debates
and proceedings in Parliament from any challenge by the courts;
the Government of Wales Act 1998 protects statements etc. in proceedings
in the National Assembly only against actions for defamation and
not, for example, against claims under human rights legislation,
a charge of incitement to racial hatred or a breach of the Official
Secrets Act.[8]
8. Assuming that Members of this House would be comfortable
in speaking in the marginally less protective arena of the National
Assembly, we conclude that, without recourse to further legislation,
the House could alter its rules to allow members of the National
Assembly to take part in its proceedings and the National Assembly
could make reciprocal arrangements.
5 HC 185 (1998-99), paras 41-5. Back
6
See the Appendix for the text of s 77 of the 1998 Act. Back
7
Appendix, para 7; HC 185 (1998-99), para 44. Back
8
Appendix: Note on Privilege by the Counsel to Assembly Committees. Back
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