Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

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Consultation about UK Government’s legislative programme
(1)
As soon as is reasonably practicable after the beginning of each session of
Parliament, the Secretary of State for Wales must undertake with the Assembly
such consultation about the UK Government’s legislative programme for the
session as appears to the Secretary of State to be appropriate.
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(2)
The consultation in relation to the UK Government’s legislative programme
for a session must include participating in proceedings of the Assembly
relating to it on at least one occasion.
(3)
For this purpose the UK Government’s legislative programme for a session of
Parliament consists of the bills which, at the beginning of the session, are
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intended to be introduced into either House of Parliament during the session
by a Minister of the Crown.
(4)
If, at any time after the beginning of a session of Parliament, it is decided that
a bill should be introduced into either House of Parliament during the session
by a Minister of the Crown and no consultation about the bill has been
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undertaken under subsection (1), the Secretary of State for Wales must
undertake with the Assembly such consultation about the bill as appears to the
Secretary of State to be appropriate.
(5)
This section does not require the undertaking of consultation with the
Assembly about a bill if it appears to the Secretary of State for Wales that there
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are considerations relating to the bill that make such consultation
inappropriate.
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Participation by Counsel General
(1)
If not an Assembly member the Counsel General may participate in Assembly
proceedings to the extent permitted by the standing orders, but may not vote.
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(2)
And the standing orders may in other respects provide that they are to apply
to the Counsel General if not an Assembly member as to an Assembly member.
(3)
The Counsel General may, in any Assembly proceedings, decline to answer
any question or produce any document concerning the operation of the system
of criminal prosecution in any particular case if considering that answering the
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question or producing the document—
(a)
might prejudice criminal proceedings in the case, or
(b)
would otherwise be contrary to the public interest.
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Equality of treatment
(1)
The Assembly must, in the conduct of Assembly proceedings, give effect, so far
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as is both appropriate in the circumstances and reasonably practicable, to the
principle that the English and Welsh languages should be treated on a basis of
equality.
(2)
The Assembly must make appropriate arrangements with a view to securing
that Assembly proceedings are conducted with due regard to the principle that
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there should be equality of opportunity for all people.
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Integrity
(1)
The standing orders must include provision—

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(a)
for a register of interests of Assembly members, and
(b)
for the register to be published and made available for public
inspection.
(2)
The standing orders must require Assembly members to register in the register
of interests registrable interests, as defined for the purposes of this subsection.
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(3)
The standing orders must require any Assembly member who has—
(a)
a financial interest, as defined for the purposes of this subsection, or
(b)
any other interest, or an interest of any other kind, as so defined,

in any matter to declare that interest before taking part in Assembly
proceedings relating to that matter.
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(4)
The standing orders may include provision for preventing or restricting the
participation in any Assembly proceedings of an Assembly member who has
an interest within subsection (2) or (3) in any matter to which the proceedings
relate.
(5)
The standing orders must include provision prohibiting an Assembly member
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from—
(a)
advocating or initiating any cause or matter on behalf of any person, by
any means specified in the standing orders, in consideration of any
payment or benefit in kind of a description so specified, or
(b)
urging, in consideration of any such payment or benefit in kind, any
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other Assembly member to advocate or initiate any cause or matter on
behalf of any person by any such means.
(6)
The standing orders must include provision about (or for the making of a code
or protocol about) the different roles and responsibilities of Assembly
constituency members and Assembly regional members; and—
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(a)
Assembly constituency members must not describe themselves in a
manner which suggests that they are Assembly regional members, and
(b)
Assembly regional members must not describe themselves in a manner
which suggests that they are Assembly constituency members.
(7)
An Assembly member who—
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(a)
takes part in Assembly proceedings without having complied with, or
in contravention of, any provision included in the standing orders in
pursuance of subsections (2) to (4), or
(b)
contravenes any provision included in the standing orders in
pursuance of subsection (5),
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commits an offence.
(8)
A person guilty of an offence under subsection (7) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(9)
A prosecution for a offence under subsection (7) cannot be instituted except by
or with the consent of Director of Public Prosecutions.
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(10)
The validity of any Assembly proceedings is not affected by any contravention
or failure to comply with any provision included in the standing orders in
pursuance of this section.
(11)
In this section—
(a)
references to an Assembly member (apart from that in subsection (6))
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includes the Counsel General, if not an Assembly member, and

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(b)
“financial interest” includes a benefit in kind.
Witnesses and documents
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Power to call
(1)
Subject as follows, the Assembly may require any person—
(a)
to attend Assembly proceedings for the purpose of giving evidence, or
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(b)
to produce for the purposes of the Assembly (or a committee of the
Assembly or a sub-committee of such a committee) documents in the
possession, or under the control, of the person,

concerning any matter relevant to the exercise by the Welsh Ministers of any of
their functions.
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(2)
The Assembly may not impose a requirement under subsection (1) on a person
who is not involved in the exercise of functions, or the carrying on of activities,
in relation to Wales.
(3)
The Assembly may not impose a requirement under subsection (1) on a person
who—
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(a)
is or has been a Minister of the Crown, or
(b)
serves or has served in the department of a Minister of the Crown,
in relation to the exercise of any functions of a Minister of the Crown.
(4)
The Assembly—
(a)
may not impose a requirement under subsection (1) on a person who is
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a full-time judge of any court, and
(b)
may not impose such a requirement on a person who is not within
paragraph (a) but who is or has been a member of any court or tribunal
in connection with the exercise of functions as such a member.
(5)
Where a requirement under subsection (1) is imposed on a person who is or has
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been a member of the staff of the Welsh Assembly Government (or a person
seconded to work for the Welsh Assembly Government) in relation to the
exercise of any functions of the Welsh Ministers, the First Minister or the
Counsel General, any of them may issue a direction under subsection (6).
(6)
A direction under this subsection is a direction—
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(a)
that the person on whom the requirement was imposed need not
comply with it, and
(b)
that the requirement is instead to be complied with by another person
specified in the direction.
(7)
The powers conferred by subsection (1)—
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(a)
may be exercised by and for the purposes of the Audit Committee, and
(b)
may be exercised by and for the purposes of any other committee of the
Assembly, or any sub-committee of any committee of the Assembly, if
the committee or sub-committee is expressly authorised to do so by the
Assembly (whether by the standing orders or otherwise).
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(8)
A person is not obliged under this section to answer any question or produce
any document which the person would be entitled to refuse to answer or
produce in or for the purposes of proceedings in a court in England and Wales.

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(9)
A person acting as prosecutor in criminal proceedings is not obliged under this
section to answer any question or produce any document concerning the
operation of the system of criminal prosecution in any particular case if the
appropriate officer—
(a)
considers that answering the question or producing the document
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might prejudice criminal proceedings in the case or would otherwise be
contrary to the public interest, and
(b)
has authorised the person to decline to answer the question or produce
the document on that ground.
(10)
In subsection (9) “the appropriate officer” means—
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(a)
if the proceedings were instituted by or on behalf of the Welsh
Ministers, the First Minister or the Counsel General, the Counsel
General, and
(b)
otherwise, the Attorney General.
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Notice
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(1)
A requirement under section 37 is to be imposed on a person by the Clerk
giving the person notice in writing specifying—
(a)
whether the requirement is imposed for the purposes of the Assembly
or a specified committee or sub-committee, and
(b)
the matters mentioned in either paragraph (a) or paragraph (b) of
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subsection (2).
(2)
Those matters are—
(a)
the time and place at which the person is to attend and the particular
subject concerning which the person is required to give evidence;
(b)
the documents, or types of documents, which the person is to produce,
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the date by which and person to whom they are to be produced and the
particular subject concerning which they are required.
(3)
Notice under subsection (1) is to be given—
(a)
in the case of an individual, by sending it in accordance with subsection
(4) addressed to the person at the person’s usual or last known address
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or, where the person has given an address for service of the notice, at
that address, or
(b)
in any other case, by so sending it addressed to the person at the
person’s registered or principal office.
(4)
A notice is sent in accordance with this subsection if it is sent—
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(a)
by a registered post service (within the meaning of the Postal Services
Act 2000 (c. 26)), or
(b)
by a postal service which provides for its delivery by post to be
recorded.
(5)
If a direction is issued under subsection (6) of section 37 in relation to a
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requirement imposed under subsection (1) of that section, the person or
persons by whom it is issued must give notice in writing that the direction has
been issued—
(a)
if the requirement was imposed for the purposes of the Assembly, to
the Presiding Officer, and
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(b)
otherwise, to the person who chairs the committee or sub-committee
for the purposes of which it was imposed.