wh1003001.305-311

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 30th January 2006
305

Government of Wales Bill, continued

Refusal to lay draft statutory instrument (No. 2)

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  nc5

To move the following Clause:—

‘In the event of a refusal within 60 days of the relevant Assembly resolution to

lay a draft statutory instrument before each House of Parliament in accordance

with section 108 (4) (a), the Counsel General or the Assembly may refer to the

Supreme Court for decision the question whether the decision to refuse to lay the

draft statutory instrument was made reasonably in the circumstances and intra

vires.’.

Referendum about commencement of Assembly Measure provisions

Mrs Cheryl Gillan

Mr Dominic Grieve

Mr David Mundell

Mr Patrick McLoughlin

Not called  NC6

To move the following Clause:—

‘(1)
Her Majesty may by Order in Council cause a referendum to be held throughout

Wales about whether the Assembly Measure provisions should come into force.

(2)
If the majority of voters in a referendum held by virtue of subsection (1) vote in

favour of the Assembly Measure provisions coming into force, the Assembly

Measure provisions are to come into force in accordance with section 92.

(3)
But if they do not, that does not prevent the making of a subsequent Order in

Council under subsection (1).

(4)
No recommendation is to be made to Her Majesty in Council to make an Order

in Council under subsection (1) unless a draft of the statutory instrument

containing the Order in Council has been laid before, and approved by a

resolution of, each House of Parliament and the Assembly.

(5)
But subsection (4) is not satisfied unless the resolution of the Assembly is passed

on a vote in which the number of Assembly members voting in favour of it is not

less than two-thirds of the total number of Assembly seats.

(6)
A draft of a statutory instrument containing an Order in Council under subsection

(1) may not be laid before either House of Parliament, or the Assembly, until the

Secretary of State has undertaken such consultation as the Secretary of State

considers appropriate.

(7)
For further provision about referendums held by virtue of subsection (1) see

Schedule 6.

(8)
In this Act, “the Assembly Measure provisions” means sections 92 to 101.’.

Committee of the whole House Proceedings: 30th January 2006
306

Government of Wales Bill, continued

Senedd constituencies

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  NC7

To move the following Clause:—

‘(1)
The Senedd constituencies shall each be formed from more than one

parliamentary constituency in Wales.

(2)
Each Senedd constituency shall be comprised of no more than one-tenth and no

less than one twenty-fifth of the eligible electorate of Wales.

(3)
The Boundary Commission for Wales shall periodically recommend Senedd

constituencies.’.

Elections and franchise

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  NC8

To move the following Clause:—

‘(1)
This section applies to elections of members of the Assembly, including by-

elections.

(2)
Each vote in the poll at an election shall be a single transferable vote.

(3)
A single transferable vote is a vote—

(a)
capable of being given so as to indicate the voter’s order of preference for

the candidates for election as members for the consituency; and

(b)
capable of being transferred to the next choice when the vote is not

needed to give prior choice the necessary quota of votes or when a prior

choice is eliminated from the list of candidates because of a deficiency in

the number of votes given for him.’.

Allocation of funds

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  nc9

To move the following Clause:—

Committee of the whole House Proceedings: 30th January 2006
307

Government of Wales Bill, continued

‘(1)
The Secretary of State shall appoint a panel of not less than four and not more than

six experts to recommend the sums of money to be allocated to the Welsh

Consolidated Fund.

(2)
The Secretary of State shall publish in full the terms of any recommendations

made under subsection (1).

(3)
The panel shall have regard to—

(a)
the principle of fairness,

(b)
the principle of transparency, and

(c)
the particular needs of Wales.’.

Commencement of provisions relating to Welsh language

Mr Elfyn Llwyd

Adam Price

Hywel Williams

Not called  nc10

To move the following Clause:—

‘(1)
Sections 106 to 112 and 114 shall come into force on 1st April 2007 in respect of

paragraph 20 of Schedule 7 (the Welsh language).

(2)
Section 102 shall not apply to the commencement of subsection (1).’.

The business scheme

Jessica Morden

Huw Irranca-Davies

Not called  NC11

To move the following Clause:—

‘(1)
The Welsh Ministers must carry out consultation with organisations

representative of business, organisations representative of employees and with

such other organisations as they consider appropriate, having regard to the impact

of the exercise by the Welsh Ministers of their functions on the interests of

business.

(2)
The Welsh Ministers must make a scheme (“the business scheme”) setting out

how they propose, in the exercise of their functions, to consult, sustain and

promote business in Wales.

(3)
In this section “organisations representative of business” means bodies that are—

(a)
membership based, and

(b)
constituted to represent the views of private sector businesses or

individuals involved in business or both.

(4)
In this section “organisations representative of employees” means bodies which

are—

(a)
membership based,

(b)
represent the views of employees, and

Committee of the whole House Proceedings: 30th January 2006
308

Government of Wales Bill, continued

(c)
registered with the Certification Officer.

(5)
In determining the provision to be included in the business scheme, the Welsh

Minister must consider how they intend to exercise such of their functions as

relate to matters affecting, or of concern to, business and employees.

(6)
The Welsh Ministers—

(a)
must keep the business scheme under review, and

(b)
may from time to time remake or revise it.

(7)
In determining, remaking or revising the provisions to be included in the business

scheme, the Welsh Ministers must have regard to any advice which has been

given, and to any representations which have been made, to them by

organisations representative of business and organisations representative of

employees.

(8)
The Welsh Ministers must publish the business scheme when they make it and

whenever they remake it; and, if they revise the scheme without remaking it, they

must publish either the revisions or the scheme as revised (as they consider

appropriate).

(9)
If the Welsh Ministers publish a scheme or revisions under subsection (8) they

must lay a copy of the scheme or revisions before the Assembly.

(10)
After each financial year the Welsh Ministers must—

(a)
publish a report of how the proposals set out in the business scheme were

implemented in that financial year, and

(b)
lay a copy of the report before the Assembly.’.

Elections and franchise

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  NC12

To move the following Clause:—

‘(1)
This section applies to elections of members of the Assembly, including by-

elections.

(2)
Each vote in the poll at an election shall be a single transferable vote.

(3)
For the purposes of subsection (2), a single transferable vote is a vote—

(a)
capable of being given so as to indicate the voter’s order of preference for

the candidates for election as members for the constituency; and

(b)
capable of being transferred to the next choice when—

(i)
the vote is not needed to give a prior choice the necessary quota

of votes, or

(ii)
when a prior choice is eliminated from the list of candidates

because of a deficiency in the number of votes given for him.’.

Committee of the whole House Proceedings: 30th January 2006
309

Government of Wales Bill, continued

Death of candidates in general elections

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  NC13

To move the following Clause:—

‘(1)
In the event of the death of a candidate at a general election the Returning Officer

shall make arrangements for the election to be held not more than 21 days after

the death of that candidate.

(2)
Subsection (1) shall not apply in cases where the original date of the election is

more than 21 days after the death of the candidate.’.

Economic and Social Council

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  nc14

To move the following Clause:—

‘(1)
The Welsh Ministers must establish and maintain a body to be known as the

Welsh Economic and Social Council or Cyngor Economaidd a Chymdeithasol

Cymru (“the Economic and Social Council”).

(2)
The Economic and Social Council is to consist of members appointed by the

Welsh Ministers from among—

(a)
the Welsh Ministers,

(b)
the Deputy Welsh Ministers,

(c)
representatives of business and employer organisations,

(d)
representatives of trade union organisations, and

(e)
representatives of such other organisations they deem appropriate.

(3)
The Economic and Social Council may—

(a)
give advice to the Welsh Ministers about matters affecting the exercise

of any of their functions,

(b)
make representations to the Welsh Ministers about any matters affecting

the economic and social well-being of Wales.’.

Limits on indebtedness

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not called  nc15

To move the following Clause:—

Committee of the whole House Proceedings: 30th January 2006
310

Government of Wales Bill, continued

‘(1)
The Welsh Ministers must determine and keep under review how much money

they may borrow.

(2)
The aggregate of all sums borrowed by the Welsh Ministers shall not exceed £10

billion or such other sum not exceeding £20 billion as may be specified by order

made by the Secretary of State with the consent of the Treasury.

(3)
Annual debt servicing payments shall not exceed 5 per cent. of the total annual

revenues.’.

International consultation

Mr Elfyn Llwyd

Hywel Williams

Adam Price

Not selected  nc16

To move the following Clause:—

‘The Secretary of State must consult the Welsh Ministers about negotiations on

international treaties and protocols and European Union legislation which may

directly affect the discharge of their responsibilities.’.

North Wales Regional Committee

Dr Hywel Francis

Mr Martyn Jones

Not called  nc17

To move the following Clause:—

‘(1)
The Assembly shall establish a committee for North Wales to provide advice to

the Assembly about matters affecting North Wales.

(2)
The members of the regional committee shall be—

(a)
the Assembly members returned for an Assembly constituency which is

wholly or partly included in the North Wales region, and

(b)
the Assembly members returned for the Assembly electoral region of

North Wales.

(3)
The committee shall elect one of the members of the committee to chair it.’.

Committee of the whole House Proceedings: 30th January 2006
311

Government of Wales Bill, continued

Arrangements at Westminster

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Not selected  NC18

To move the following Clause:—

‘(1)
Upon the Assembly Act provisions coming into force in accordance with section

104, Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for

redistribution of seats) is amended as follows.

(2)
Rule 1(3) (Wales to have not less than 35 seats) is omitted.

(3)
In applying Rule 5 (elected quotas for each part of the United Kingdom) to Wales

for the purposes of the first report of the Boundary Commission for Wales to be

submitted under section 3(1) of that Act after the commencement of this

subsection, “electoral quota” means the number which, on the enumeration date

in relation to that report, is the electoral quota for England.’.

Referendum about commencement of Assembly Measure provisions (No. 2)

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Not called  nc19

To move the following Clause:—

‘(1)
Her Majesty may by Order in Council cause a referendum to be held throughout

Wales about whether the Assembly Measure provisions should come into force.

(2)
If the majority of voters in a referendum held by virtue of subsection (1) vote in

favour of the Assembly Measure provisions coming into force, the Assembly

Measure provisions are to come into force in accordance with section 92.

(3)
But if they do not, no subsequent Order in Council under subsection (1) may be

made until eight years have elapsed after the referendum held by virtue of the first

such Order in Council.

(4)
If the majority of voters in a second referendum held by virtue of subsection (1)

do not vote in favour of the Assembly Measure provisions coming into force, no

further Order in Council under subsection (1) may be made.

(5)
No recommendation is to be made to Her Majesty in Council to make an Order

in Council under subsection (1) unless a draft of the statutory instrument

containing the Order in Council has been laid before, and approved by a

resolution of, each House of Parliament and the Assembly.

(6)
But subsection (5) is not satisfied unless the resolution of the Assembly is passed

on a vote in which the number of Assembly members voting in favour of it is not

less than two-thirds of the total number of Assembly seats.

(7)
A draft of a statutory instrument containing an Order in Council under subsection

(1) may not be laid before either House of Parliament, or the Assembly, until the

Secretary of State has undertaken such consultation as the Secretary of State

considers appropriate.