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| | Tuesday 24th January 2006 |
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| | | Clause No. 94 (Amendment to Schedule 5). |
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| | | Another Amendment (No. 180) proposed, in page 51, line 26, after ‘Assembly’, insert |
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| | | ‘in which the number of Assembly members voting in favour of it is not less than two |
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| | | thirds of the total number of Assembly seats’.—(Mr Dominic Grieve). |
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| | | Question proposed, That the Amendment be made. |
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| | Clause 94, page 51, line 28, after ‘approved’, insert ‘(i)’. |
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| | Clause 94, page 51, line 29, at end insert ‘or |
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| | | (ii) | has been laid before each House of Parliament and has been |
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| | | approved by a resolution of the House of Commons, but has been |
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| | | rejected by the House of Lords. |
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| | | (5A) | If subsection (5)(b)(ii) applies, the Order in Council shall not take affect until one |
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| | | year has elapsed since the date on which the House of Commons came to the |
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| | Clause 94, page 51, line 29, at end insert— |
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| | | ‘(5A) | In the event of approval of a draft statutory instrument by the Assembly, as |
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| | | specified in subsection (5)(a), but there not being within 60 days of that approval, |
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| | | an approval by a resolution of each House of Parliament as specified in subsection |
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| | | (5)(b), subsection (5) shall cease to have effect in the case of that draft statutory |
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| | | instrument, and the procedure specified in subsection (5B) will then apply to that |
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| | | draft statutory instrument. |
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| | | (5B) | The procedure which will apply in cases specified in subsection (5A) will be that |
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| | | no recommendation is to be made to Her Majesty in Council to make an Order in |
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| | | Council under this section unless a draft of the statutory instrument containing the |
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| | | (a) | has been laid before, and approved by a resolution of, the Assembly, and |
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| | | (b) | the resolution of the Assembly is passed on a vote in which the number |
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| | | of Assembly members voting in favour of it is not less than two-thirds of |
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| | | the total number of Assembly seats.’. |
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| | | Negatived on division 187 |
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| | Clause 94, page 51, line 29, at end insert— |
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| | | ‘(5A) | Any draft of an Order in Council laid before Parliament under this section must |
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| | | (a) | a detailed memorandum setting out the scope of the proposal, its practical |
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| | | effects on Wales and the legislative authority that would pass to the |
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| | | (b) | a draft of the proposed Assembly Measure. |
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| | | (5B) | Before an Order in Council is subject to a resolution of both Houses of |
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| | | Parliament, the Secretary of State must make a motion to refer the draft of the |
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| | | Order in Council, along with the draft Assembly Measure, to the Welsh Grand |
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| | | Committee for consideration. |
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| | | (5C) | A report of the debate in the Welsh Grand Committee on the draft Order in |
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| | | Council and Assembly Measure must have been available to both Houses of |
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| | | Parliament for a period of not less than 60 days before any Order in Council is |
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| | | made under this section.’. |
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| | Clause 94, page 51, line 29, at end insert— |
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| | | ‘(5A) | But subsection (5) is not satisfied unless the resolution of the Assembly is passed |
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| | | on a vote in which the number of Assembly members voting in favour of it is not |
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| | | less than two-thirds of the total number of Assembly seats.’. |
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| | Clause 94, page 51, line 29, at end insert— |
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| | | ‘(5A) | But subsection (5) is not satisfied unless, before the draft of the statutory |
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| | | instrument containing the Order in Council has been approved by a resolution of |
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| | | (a) | the Welsh Grand Committee has debated the draft, and |
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| | | (b) | the Welsh Affairs Committee has reported to the effect that it approves |
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| | Clause 94, page 51, line 38, leave out ‘either’. |
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| | | Negatived on division 123 |
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| | Clause 94, page 51, line 39, leave out from ‘Parliament’ to end of line 1 on page 52. |
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| | Clause 94, page 51, line 39, leave out from ‘Parliament’ to end of line 41. |
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| | Clause 94, page 51, line 40, at beginning insert ‘if subsection (7A) applies,’. |
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| | Clause 94, page 51, line 41, at end insert— |
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| | | ‘(7A) | This subsection applies only if the Secretary of State has reason to believe that the |
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| | | Assembly Measure made under the order— |
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| | | (a) | would have an adverse effect no any matter which is not specified in Part |
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| | | (b) | might have a serious adverse impact on water resources in England, |
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| | | water supply in England or the quality of water in England, |
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| | | (c) | would have an adverse impact on the law as it applies in England, or |
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| | | (d) | would be incompatible with any international obligation or the interests |
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| | | of defence or national security.’. |
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| | | Clause Agreed to on division. |
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| | Clause 95, page 52, line 11, after ‘Counsel General’, insert ‘or the Assembly’. |
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| | Clause 95, page 52, line 11, leave out ‘may’ and insert ‘must’. |
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| | Clause 96, page 52, line 20, after ‘General’, insert ‘if he is a member of the |
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| | Clause 96, page 52, line 21, at end insert ‘, or |
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| | | (c) | by any committee of the Assembly established under section 28 or |
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| | Clause 97, page 53, line 5, leave out subsection (2). |
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| | Clause 97, page 53, line 11, at end insert ‘and’. |
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| | Clause 97, page 53, line 13, leave out ‘and’. |
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| | Clause 97, page 53, line 14, leave out paragraph (c). |
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| | Clause 97, page 53, line 22, leave out from ‘Welsh’ to end of line 24. |
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| | Clause 98, page 53, line 44, after ‘Counsel General’, insert ‘or the Assembly’. |
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| | Clause 100, page 54, line 39, leave out paragraph (a). |
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| | | Negatived on division 158 |
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| | Clause 100, page 54, line 41, leave out paragraph (b). |
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| | Clause 100, page 54, line 43, leave out paragraph (c). |
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| | Clause 100, page 54, line 44, after ‘England’, insert ‘and Wales’. |
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| | Clause 100, page 55, line 22, leave out subsection (8) and insert— |
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| | | ‘(8) | No order under this Section may be made unless a draft of the statutory |
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| | | instrument containing the order has been laid before, and approved by a |
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| | | resolution of, each House of Parliament.’. |
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| | Clause 101, page 55, line 25, after ‘by’, insert ‘resolution of each House of |
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| | Parliament prior to their submission for approval by’. |
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| | Clause 101, page 55, line 27, after ‘by’, insert ‘resolution of each House of |
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| | Parliament prior to its submission for approval by’. |
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| | Clause 101, page 55, line 37, after ‘by’, insert ‘resolution of each House of |
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| | Parliament prior to its submission for approval by’. |
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| | | Negatived on division 189 |
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| | Clause 102, page 56, line 24, leave out subsection (3). |
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| | Clause 102, page 56, line 24, leave out ‘that does not prevent the making of’. |
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| | Clause 102, page 56, line 25, at end insert ‘may not be made in advance of two |
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| | further Assembly general elections.’. |
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| | Clause 102, page 56, line 25, at end insert— |
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| | | ‘(3A) | If a resolution passed by the Assembly under section 103 includes the text of the |
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| | | question which the Assembly proposes should be included on the ballot paper at |
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| | | the referendum, that text shall be included in any recommendation made to Her |
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| | | Majesty in Council to make an Order in Council under subsection (1).’. |
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| | Clause 102, page 56, line 28, after ‘Council’, insert ‘(a)’. |
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| | Clause 102, page 56, line 29, at end insert ‘or |
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| | | (b) | has been laid before each House of Parliament and the Assembly, has |
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| | | been approved by a resolution of the House of Commons and of the |
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| | | Assembly, but has been rejected by the House of Lords. |
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| | | (4A) | If subsection (4)(b) applies, the referendum shall not be held until one year has |
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| | | elapsed since the date on which the House of Commons came to the resolution.’. |
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