Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 1 — National Assembly for Wales
15

24
Assistance to groups of Assembly members
(1)
The Assembly Commission must make to (or in respect of) political groups to
which Assembly members belong such payments as the Assembly from time
to time determines for the purpose of assisting Assembly members who belong
to those political groups to perform their functions as Assembly members.
5
(2)
A determination under subsection (1) may make provision—
(a)
for calculating the amount of any payment to (or in respect of) a
political group,
(b)
for the conditions subject to which payments to (or in respect of) a
political group are to be made, and
10
(c)
for claims for such payments to be made to the Assembly Commission.
(3)
A determination under subsection (1) may make different provision for
different political groups.
(4)
If a motion making a determination under subsection (1) is passed on a vote it
has no effect unless at least two-thirds of the Assembly members voting
15
support it.
(5)
The standing orders must include provision for determining for the purposes
of this Act whether any Assembly member belongs to a political group and, if
so, to which; and (in particular)—
(a)
may include provision for treating an Assembly member as not
20
belonging to a political group unless a specified number of Assembly
members belong to it, and
(b)
must include provision requiring the Presiding Officer to decide any
questions arising under the provision included by virtue of this
subsection.
25
(6)
The standing orders must include provision—
(a)
for the publication of every determination under this section, and
(b)
for the publication for each financial year of information about the
sums paid under this section in the financial year.
Presiding Officer and administration
30
25
Presiding Officer etc.
(1)
The Assembly must, at its first meeting following a general election, elect from
among the Assembly members—
(a)
a presiding officer (referred to in this Act as “the Presiding Officer”),
and
35
(b)
a deputy presiding officer (referred to in this Act as “the Deputy
Presiding Officer”).
(2)
The person elected under paragraph (a) of subsection (1) is to be known as the
Presiding Officer or by such other title as the standing orders may provide; and
the person elected under paragraph (b) of that subsection is to be known as the
40
Deputy Presiding Officer or by such other title as the standing orders may
provide.
(3)
The Presiding Officer holds office until the conclusion of the next election of a
Presiding Officer under subsection (1).

Government of Wales Bill
Part 1 — National Assembly for Wales
16

(4)
The Deputy Presiding Officer holds office until the Assembly is dissolved.
(5)
But the Presiding Officer or Deputy Presiding Officer—
(a)
may at any time resign,
(b)
ceases to hold office on ceasing to be an Assembly member otherwise
than by reason of a dissolution, and
5
(c)
may be removed from office by the Assembly.
(6)
If the Presiding Officer or the Deputy Presiding Officer ceases to hold office
under subsection (5) (or dies), the Assembly must elect a replacement from
among the Assembly members.
(7)
Subject to subsection (9), the Presiding Officer and the Deputy Presiding
10
Officer must not belong to—
(a)
the same political group, or
(b)
different political groups both of which are political groups with an
executive role.
(8)
For the purposes of this Act a political group is a political group with an
15
executive role if the First Minister or one or more of the Welsh Ministers
appointed under section 48 belong to it.
(9)
The Assembly may resolve that subsection (7) is not to apply for so long as the
resolution so provides; but if the motion for the resolution is passed on a vote
it is of no effect unless at least two-thirds of the Assembly members voting
20
support it.
(10)
The Presiding Officer’s functions may be exercised by the Deputy Presiding
Officer if—
(a)
the office of Presiding Officer is vacant, or
(b)
the Presiding Officer is for any reason unable to act.
25
(11)
The Presiding Officer may (subject to the standing orders) authorise the
Deputy Presiding Officer to exercise functions of the Presiding Officer.
(12)
The standing orders may include provision for the Presiding Officer’s
functions to be exercisable by any person specified in, or determined in
accordance with, the standing orders if—
30
(a)
the office of Presiding Officer is vacant or the Presiding Officer is for
any reason unable to act, and
(b)
the office of Deputy Presiding Officer is vacant or the Deputy Presiding
Officer is for any reason unable to act.
(13)
The standing orders may include provision as to the participation (including
35
voting) in Assembly proceedings of the Presiding Officer and Deputy
Presiding Officer and any person acting by virtue of subsection (12).
(14)
The validity of any act of a person as Presiding Officer or Deputy Presiding
Officer, or of any person acting by virtue of subsection (12), is not affected by
any defect in the person’s appointment by the Assembly.
40
(15)
Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.
26
Clerk of Assembly
(1)
The Assembly Commission must appoint a person to be the Clerk of the
Assembly (referred to in this Act as “the Clerk”).

Government of Wales Bill
Part 1 — National Assembly for Wales
17

(2)
The person appointed under subsection (1) is to be known as the Clerk of the
Assembly or by such other title as the standing orders may provide.
(3)
The Clerk’s functions may be exercised by any other member of the staff of the
Assembly (or person seconded to work at the Assembly) authorised by the
Assembly Commission if—
5
(a)
the office of Clerk is vacant, or
(b)
the Clerk is for any reason unable to act.
(4)
The Clerk may authorise any other member of the staff of the Assembly (or
person seconded to work at the Assembly) to exercise functions on the Clerk’s
behalf.
10
27
Assembly Commission
(1)
There is to be a body corporate to be known as the National Assembly for
Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru (referred to
in this Act as “the Assembly Commission”).
(2)
The members of the Assembly Commission are to be—
15
(a)
the Presiding Officer, and
(b)
four other Assembly members.
(3)
The standing orders must make provision for the appointment of the four other
Assembly members as members of the Assembly Commission.
(4)
The Assembly Commission must—
20
(a)
provide to the Assembly, or
(b)
ensure that the Assembly is provided with,

the property, staff and services required for the Assembly’s purposes.
(5)
The Assembly may give special or general directions to the Assembly
Commission for the purpose of, or in connection with, the exercise of the
25
Assembly Commission’s functions.
(6)
Any property, rights or liabilities acquired or incurred in relation to matters to
which the Assembly would otherwise be entitled or subject are to be treated for
all purposes as property, rights or liabilities of the Assembly Commission.
(7)
For further provision about the Assembly Commission see Schedule 2.
30
Committees
28
Committees and sub-committees
(1)
The standing orders may provide—
(a)
for the appointment of committees of the Assembly, and
(b)
for such committees to have power to appoint sub-committees.
35
(2)
The members of a committee of the Assembly, or of a sub-committee of such a
committee, may not include anyone who is not an Assembly member.
(3)
The standing orders must make provision about the membership, chairing and
procedure of committees of the Assembly and sub-committees of such
committees.
40

Government of Wales Bill
Part 1 — National Assembly for Wales
18

(4)
The standing orders may include provision for excluding from the proceedings
of a committee of the Assembly, or a sub-committee of such a committee, an
Assembly member who is not a member of the committee or sub-committee.
(5)
The validity of any proceedings of a committee of the Assembly, or of a sub-
committee of such a committee, is not affected by—
5
(a)
any vacancy in its membership,
(b)
any defect in the appointment of its members or of the person who
chairs it, or
(c)
any failure to comply with provisions of the standing orders relating to
procedure.
10
29
Composition of committees
(1)
The provision included in the standing orders in compliance with section 28(3)
must meet the requirements of this section.
(2)
The provision must secure—
(a)
that the person appointed to the first place on each committee is an
15
Assembly member belonging to the largest political group, and
(b)
that the persons eligible to be appointed to the second and subsequent
places on the committee are ascertained in accordance with subsection
(4).
(3)
“The largest political group” means the political group to which the most
20
Assembly members belong.
(4)
An Assembly member is eligible to be appointed to the second or any
subsequent place on the committee if—
(a)
the number produced by subsection (5) in relation to that place for the
political group to which the Assembly member belongs, exceeds
25
(b)
that so produced for each of the other political groups.
(5)
The number produced for a political group in relation to the second or any
subsequent place on the committee is—
(a)
if one or more places are already allocated to the political group, the
number of Assembly members belonging to the political group divided
30
by the aggregate of one and the number of places already so allocated,
or
(b)
otherwise, the number of Assembly members belonging to the political
group.
(6)
References to a place already allocated to a political group, in relation to the
35
appointment to the second or any subsequent place on the committee, are to a
place on the committee to which an Assembly member belonging to the
political group is eligible to be appointed—
(a)
(in relation to the second place) by virtue of subsection (2)(a), or
(b)
(in relation to any subsequent place) by virtue of subsection (2)(a) or the
40
previous application of subsection (4) in relation to a place on the
committee.
(7)
The provision must modify the operation of subsections (2) to (6) for cases
where—

Government of Wales Bill
Part 1 — National Assembly for Wales
19

(a)
the number of Assembly members belonging to two or more political
groups is the same and exceeds the number of Assembly members
belonging to any other political group, or
(b)
the number produced by subsection (5) in relation to any place on a
committee is the same for two or more political groups and is greater
5
than that so produced for any other political group.
(8)
The provision may permit the Assembly to disapply subsections (2) to (7) in
relation to any committee; but if a motion to resolve that those subsections be
disapplied is passed on a vote it has no effect unless at least two-thirds of the
Assembly members voting support it.
10
(9)
The provision must modify the operation of subsections (2) to (7)—
(a)
to secure that (so far as it is reasonably practicable to do so having
regard to the total number of places on committees) every Assembly
member who does not belong to a political group is entitled to be a
member of at least one committee, and
15
(b)
to secure that (if it would not otherwise be so and so far as it is
reasonably practicable to do so having regard to that total number of
places) that the total number of places on committees allocated to
Assembly members belonging to each political group is at least as great
as the number of Assembly members belonging to the political group.
20
(10)
The provision must secure that the Presiding Officer decides questions arising
under provision made in compliance with this section.
30
Audit Committee
(1)
The committees of the Assembly must include one to be known as the Audit
Committee or Pwyllgor Archwilio.
25
(2)
The Audit Committee is to have the number of members specified by the
standing orders.
(3)
None of the following may be a member of the Audit Committee—
(a)
the First Minister or any person designated to exercise the functions of
the First Minister,
30
(b)
a Welsh Minister appointed under section 48,
(c)
the Counsel General or any person designated to exercise the functions
of the Counsel General, or
(d)
a Deputy Welsh Minister.
(4)
The Audit Committee must not be chaired by an Assembly member who is a
35
member of a political group with an executive role.
Proceedings etc.
31
Standing orders
(1)
Assembly proceedings are to be regulated by standing orders (referred to in
this Act as “the standing orders”).
40
(2)
The standing orders must include provision for preserving order in Assembly
proceedings, including provision for—

Government of Wales Bill
Part 1 — National Assembly for Wales
20

(a)
preventing conduct which would constitute a criminal offence or
contempt of court, and
(b)
a sub judice rule.
(3)
The standing orders may include provision for excluding an Assembly
member from Assembly proceedings.
5
(4)
The standing orders may include provision for withdrawing from an
Assembly member any or all of the rights and privileges of membership of the
Assembly.
(5)
The standing orders—
(a)
must include provision requiring the proceedings of the Assembly to
10
be held in public, and for proceedings of a committee of the Assembly
or a sub-committee of such a committee to be held in public except in
circumstances provided for in the standing orders, and
(b)
may include provision as to the conditions to be complied with by
members of the public attending the proceedings (including provision
15
for excluding any member of the public who does not comply with the
conditions).
(6)
The standing orders must include provision—
(a)
for reporting the proceedings of the Assembly, and for reporting
proceedings of committees of the Assembly and sub-committees of
20
such committees which are held in public, and
(b)
for publishing the reports of proceedings as soon as reasonably
practicable after the day on which the proceedings take place.
(7)
The Assembly may by resolution remake or revise the standing orders; but if
the motion for a resolution to remake or revise the standing orders is passed on
25
a vote, it has no effect unless at least two-thirds of the Assembly members
voting support it.
(8)
The Clerk must from time to time publish the standing orders.
32
Participation by UK Ministers etc.
(1)
The Secretary of State for Wales is entitled to participate in proceedings of the
30
Assembly but not to vote.
(2)
The standing orders must include provision for any documents which—
(a)
contain material relating to any proceedings of the Assembly which
have taken place or are to take place, and
(b)
are made available to all Assembly members,
35

to be made available to the Secretary of State for Wales no later than the time
when they are made available to Assembly members.
(3)
The standing orders may make provision for—
(a)
the participation of the Secretary of State for Wales in proceedings of
any committee of the Assembly, or any sub-committee of any such
40
committee, and
(b)
the participation in any Assembly proceedings of other Ministers of the
Crown and of persons serving in the department of the Secretary of
State for Wales or of any other Minister of the Crown.

Government of Wales Bill
Part 1 — National Assembly for Wales
21

(4)
The provision made by virtue of subsection (3) may not include provision
conferring any right to vote.
(5)
The standing orders may include provision for the making available of
documents or information in connection with participation in Assembly
proceedings pursuant to, or to standing orders made under, this section.
5
33
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.
10
(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
15
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
20
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
25
are considerations relating to the bill that make such consultation
inappropriate.
34
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.
30
(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
35
question or producing the document—
(a)
might prejudice criminal proceedings in the case, or
(b)
would otherwise be contrary to the public interest.
35
Equality of treatment
(1)
The Assembly must, in the conduct of Assembly proceedings, give effect, so far
40
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.