wh1003001.291-297

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 30th January 2006
291

Government of Wales Bill, continued

approved by the Senedd by a simple majority of those voting before it will come into

effect.’.

Clause Agreed to.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  21

Clause  77,  page  41,  line  37,  at end add—

‘(3)
The assessment referred to in subsection (2)(b) must include an assessment of the

effectiveness of those arrangements as regards each “group”, as defined in Part 1

of the Equality Act 2006.’.

Clause Agreed to.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  22

Clause  78,  page  41,  line  41,  at end insert—

‘(1A)
The sustainable development scheme shall include statements setting out the

provisions of any order made under section 81(5).’.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  23

Clause  78,  page  42,  line  15,  leave out ‘Welsh Ministers’ and insert ‘Assembly’.

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  84

Clause  78,  page  42,  leave out line 19 and insert—

‘(b)
have the copy approved by the Senedd by a simple majority of those

voting.’.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  24

Clause  78,  page  42,  line  19,  leave out ‘Assembly’ and insert ‘Welsh Ministers’.

Clause Agreed to.

Committee of the whole House Proceedings: 30th January 2006
292

Government of Wales Bill, continued

Clauses 79 to 82 Agreed to.

Mr Secretary Hain

Agreed to  230

Clause  83,  page  46,  line  3,  leave out ‘an Order in Council under section 58.’ and

insert ‘or by virtue of this Act.’.

Mr Secretary Hain

Agreed to  231

Clause  83,  page  46,  line  12,  leave out ‘any provision made by’.

Mr Secretary Hain

Agreed to  232

Clause  83,  page  46,  line  15,  leave out ‘the Order in Council by’ and insert ‘any

provision by or by virtue of’.

Mr Secretary Hain

Agreed to  233

Clause  83,  page  46,  line  19,  leave out from ‘where’ to the end of line 23 and insert

‘this section does not apply.’.

Clause, as amended, Agreed to.

Clause 84 Agreed to.

Mr Secretary Hain

Agreed to  234

Clause  85,  page  47,  line  3,  at end insert—

‘(aa)
the report or statement is not one which, by or by virtue of this Act, is to

be made by or given to the Welsh Ministers, the First Minister, the

Counsel General or the Assembly Commission, and’.

Mr Secretary Hain

Agreed to  235

Clause  85,  page  47,  line  4,  leave out ‘exclusively’.

Mr Secretary Hain

Agreed to  236

Clause  85,  page  47,  line  6,  leave out from ‘Minister’ to the end of line 9 and insert

‘, the Counsel General or the Assembly Commission.’.

Mr Secretary Hain

Agreed to  237

Clause  85,  page  47,  line  19,  leave out from ‘legislation)’ to ‘, and’ in line 21.

Clause, as amended, Agreed to.

Committee of the whole House Proceedings: 30th January 2006
293

Government of Wales Bill, continued

Clauses 86 and 87 Agreed to.

Schedule 4 Agreed to.

Clauses 88 to 91 and 116 Agreed to.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Not called  277

Clause  117,  page  63,  line  21,  at end insert—

‘(1A)
The Secretary of State may attach conditions to any payment under subsection

(1).

(1B)
The Welsh Ministers, the First Minister, the Counsel General, the Assembly

Commission, the Auditor General or the Public Services Ombudsman for Wales

(as the case may be) must comply with any conditions under subsection (1A).’.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Not called  278

Clause  117,  page  63,  line  24,  at end insert—

‘(2A)
A Minister of the Crown or a government department may attach conditions to

any payment under subsection (2).

(2B)
The Welsh Ministers, the First Minister or the Counsel General (as the case may

be) must comply with any conditions under subsection (2A).’.

Clause Agreed to.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  35

Clause  118,  page  63,  line  37,  at end insert ‘and

(d)
any formula used by Her Majesty’s Government to determine the total

amount of the payments which the Secretary of State estimates will be

made for the financial year under section 117(1).’.

Clause Agreed to.

Committee of the whole House Proceedings: 30th January 2006
294

Government of Wales Bill, continued

Mr Elfyn Llwyd

Adam Price

Hywel Williams

Not called  119

Clause  119,  page  64,  line  19,  at end insert—

‘(e)
the Children’s Commissioner for Wales,’.

Clause Agreed to.

Mr Elfyn Llwyd

Adam Price

Hywel Williams

Not called  275

Clause  120,  page  65,  line  6,  after ‘State’, insert ‘or any other person’.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  145

Clause  120,  page  65,  line  7,  leave out from ‘required’ to end of line 17.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  146

Clause  120,  page  65,  line  11,  after ‘borrowed’, insert ‘from the Secretary of State’.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  147

Clause  120,  page  65,  line  11,  leave out ‘to the Secretary of State’.

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  151

Clause  120,  page  65,  line  16,  after ‘borrowed’, insert ‘from the Secretary of State’.

Clause Agreed to.

Clauses 121 to 123 Agreed to.

Mr Secretary Hain

Agreed to  238

Clause  124,  page  66,  line  36,  leave out ‘approving’ and insert ‘authorising’.

Committee of the whole House Proceedings: 30th January 2006
295

Government of Wales Bill, continued

Clause, as amended, Agreed to.

Mr Secretary Hain

Agreed to  239

Clause  125,  page  67,  line  22,  leave out from ‘motions’ to end of line 36 and insert

‘(referred to in this Act as a “supplementary Budget motion”) for either or both of the

purposes specified in subsections (2) and (2A).

(2)
A supplementary Budget motion may approve a variation in any one or more of

the following—

(a)
the amount of resources authorised to be used in the financial year by a

relevant person, or pursuant to a relevant enactment, for any service or

purpose,

(b)
the amount of resources accruing to a relevant person in the financial year

and authorised to be retained by that person to be used for any service or

purpose, and

(c)
the amount authorised to be paid out of the Welsh Consolidated Fund in

the financial year to a relevant person, or for use pursuant to a relevant

enactment, for any service or purpose.

(2A)
A supplementary Budget motion may authorise any one or more of the

following—

(a)
the amount of resources which may be used in the financial year by a

relevant person, or pursuant to a relevant enactment, for a service or

purpose specified in the motion,

(b)
the amount of resources accruing to a relevant person in the financial year

which may be retained by that person to be used for a service or purpose

so specified, and

(c)
the amount which may be paid out of the Welsh Consolidated Fund in the

financial year to a relevant person, or for use pursuant to a relevant

enactment, for a service or purpose so specified.’.

Mr Elfyn Llwyd

Adam Price

Hywel Williams

Not called  120

Clause  125,  page  67,  line  45,  at end add—

‘(5)
For each financial year, Welsh Ministers must table a supplementary budget

motion under this section in respect of any amounts in respect of each relevant

person that exceed the total amounts previously approved by the Assembly in

respect of motions tabled under this section or sections 124, 126 or 127.

(6)
The excesses referred to in subsection (5) must be determined by reference to the

audited accounts of each relevant person.

(7)
A motion under subsection (5) may only be moved after the Audit Committee has

reported to the Assembly in respect of the excesses under section 142(1) or has

intimated that it does not intend to make such a report.’.

Clause, as amended, Agreed to.

Committee of the whole House Proceedings: 30th January 2006
296

Government of Wales Bill, continued

Clause 126 Agreed to.

Mr Secretary Hain

Agreed to  240

Clause  127,  page  68,  line  24,  after ‘by’ insert ‘virtue of’.

Mr Secretary Hain

Agreed to  241

Clause  127,  page  68,  line  27,  after ‘by’ insert ‘virtue of’.

Mr Secretary Hain

Agreed to  242

Clause  127,  page  68,  line  35,  leave out ‘approve’ and insert ‘authorise’.

Mr Secretary Hain

Agreed to  243

Clause  127,  page  69,  line  4,  leave out ‘those sections’ and insert ‘virtue of sections

124 and 125’.

Clause, as amended, Agreed to.

Clauses 128 and 129 Agreed to.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Mrs Theresa Villiers

Not called  260

Clause  130,  page  70,  line  14,  after ‘accordance’, insert ‘with subsection (1A) and’.

Mr Secretary Hain

Agreed to  253

Clause  130,  page  70,  line  14,  at end insert—

‘(1A)
The accounts must include details of the financial affairs and transactions of the

Counsel General.’.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Mrs Theresa Villiers

Not called  261

Clause  130,  page  70,  line  14,  at end insert—

‘(1A)
The accounts must include projected budget figures and outturn figures.’.

Committee of the whole House Proceedings: 30th January 2006
297

Government of Wales Bill, continued

Mr Secretary Hain

Agreed to  254

Clause  130,  page  70,  line  38,  leave out ‘by the Welsh Ministers’.

Clause, as amended, Agreed to.

Clause 131 Agreed to.

Mr Secretary Hain

Agreed to  255

Clause  132,  page  71,  line  36,  leave out ‘and finances of the Welsh Ministers’ and

insert ‘of the Welsh Ministers and the finances of the Welsh Ministers and the Counsel

General’.

Mr Secretary Hain

Agreed to  256

Clause  132,  page  72,  line  1,  leave out ‘and finances of the Welsh Ministers’ and

insert ‘of the Welsh Ministers and the finances of the Welsh Ministers and the Counsel

General’.

Clause, as amended, Agreed to.

Clause 133 Agreed to.

Mr Secretary Hain

Agreed to  257

Clause  134,  page  72,  line  40,  after ‘Ministers’ insert ‘and the Counsel General’.

Mr Secretary Hain

Agreed to  258

Clause  134,  page  72,  line  43,  at end insert ‘or the Counsel General’.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Mrs Theresa Villiers

Not called  264

Clause  134,  page  73,  line  4,  leave out ‘may’ and insert ‘must’.

Clause, as amended, Agreed to.

Mr Secretary Hain

Agreed to  259

Clause  135,  page  73,  line  25,  at end insert ‘and the Counsel General’.