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
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(2)
The Assembly must make appropriate arrangements with a view to securing
that Assembly proceedings are conducted with due regard to the principle that
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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Government of Wales Bill
Part 1 — National Assembly for Wales
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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))
5
includes the Counsel General, if not an Assembly member, and
(b)
“financial interest” includes a benefit in kind.
Witnesses and documents
37
Power to call
(1)
Subject as follows, the Assembly may require any person—
10
(a)
to attend Assembly proceedings for the purpose of giving evidence, or
(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
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their functions.
(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
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who—
(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—
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(a)
may not impose a requirement under subsection (1) on a person who is
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.
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(5)
Where a requirement under subsection (1) is imposed on a person who is or has
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).
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(6)
A direction under this subsection is a direction—
(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.
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(7)
The powers conferred by subsection (1)—
(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

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the committee or sub-committee is expressly authorised to do so by the
Assembly (whether by the standing orders or otherwise).
(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

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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
(b)
otherwise, to the person who chairs the committee or sub-committee
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for the purposes of which it was imposed.
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Offences
(1)
A person to whom a notice under section 38(1) has been given commits an
offence if the person—
(a)
refuses or fails without reasonable excuse to attend proceedings as
10
required by the notice,
(b)
refuses or fails without reasonable excuse, when attending proceedings
as required by the notice, to answer any question concerning the
subjects specified in the notice,
(c)
refuses or fails without reasonable excuse to produce any document
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required to be produced by the notice, or
(d)
intentionally alters, suppresses, conceals or destroys any such
document.
(2)
Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).
(3)
If a person charged with an offence under subsection (1)(a), (b) or (c) adduces
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evidence of a reasonable excuse for the refusal or failure, it is for the
prosecution to prove that the person did not have such an excuse.
(4)
A person guilty of an offence under subsection (1) is liable on summary
conviction—
(a)
to a fine not exceeding level 5 on the standard scale,
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(b)
to imprisonment for a term not exceeding 51 weeks, or
(c)
to both.
(5)
Where an offence under subsection (1) which has been committed by a body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of—
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(a)
a director, manager, secretary or other similar officer of the body
corporate, or
(b)
any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to
be proceeded against accordingly.
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(6)
In subsection (5) “director”, in the case of a body corporate whose affairs are
managed by its members, means a member of the body corporate.
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General
(1)
The Presiding Officer or such other person as may be authorised by the
standing orders may—
40
(a)
require any person giving evidence in Assembly proceedings to take an
oath (or make an affirmation), and
(b)
administer the oath (or affirmation) to the person.
(2)
A person commits an offence if the person—

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(a)
is required to attend Assembly proceedings for the purpose of giving
evidence by a notice under section 38(1), and
(b)
refuses to take an oath (or make an affirmation) when required to do so
for the purposes of the Assembly proceedings.
(3)
A person guilty of an offence under subsection (2) is liable on summary
5
conviction—
(a)
to a fine not exceeding level 5 on the standard scale,
(b)
to imprisonment for a term not exceeding 51 weeks, or
(c)
to both.
(4)
The standing orders may provide for the payment of allowances and expenses
10
to persons—
(a)
attending Assembly proceedings for the purpose of giving evidence, or
(b)
producing for the purposes of the Assembly (or a committee of the
Assembly or a sub-committee of such a committee) documents which
they have been required or requested to produce,
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whether or not in pursuance of a notice under section 38(1).
(5)
The provision made by virtue of subsection (4) may confer functions on the
Assembly Commission.
(6)
For the purposes of sections 37 to 39 and this section—
(a)
a person is to be taken to comply with a requirement to produce a
20
document if the person produces a copy of the document or an extract
of the relevant part of the document,
(b)
“document” means anything in which information is recorded in any
form, and
(c)
references to producing a document are to producing the information
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recorded in it in a visible and legible form.
Legal issues
41
Proceedings by or against Assembly etc.
(1)
Proceedings by or against the Assembly are to be instituted by or against the
Assembly Commission on behalf of the Assembly.
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(2)
Proceedings by or against—
(a)
the Presiding Officer or Deputy Presiding Officer, or
(b)
a member of the staff of the Assembly,

are (unless instituted against or by the Assembly Commission) to be instituted
by or against the Assembly Commission on behalf of the Presiding Officer,
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Deputy Presiding Officer or member of staff.
(3)
In any proceedings against the Assembly the court must not grant a
mandatory, prohibiting or quashing order or an injunction, make an order for
specific performance or stay the proceedings but may instead make a
declaration.
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(4)
In any proceedings against—
(a)
any Assembly member,
(b)
the Presiding Officer or Deputy Presiding Officer,
(c)
any member of the staff of the Assembly, or

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(d)
the Assembly Commission,

the court must not grant a mandatory, prohibiting or quashing order or an
injunction, make an order for specific performance or stay the proceedings if
the effect of doing so would be to give any relief against the Assembly which
could not have been given in proceedings against the Assembly.
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(5)
References in this section to an order include an order which is not final.
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Defamation
(1)
For the purposes of the law of defamation—
(a)
any statement made in Assembly proceedings, and
(b)
the publication under the authority of the Assembly of any statement,
10

is absolutely privileged.
(2)
In subsection (1) “statement” has the same meaning as in the Defamation Act
1996 (c. 31).
43
Contempt of court
(1)
The strict liability rule does not apply in relation to any publication—
15
(a)
made in, for the purposes of, or for purposes incidental to, Assembly
proceedings, or
(b)
to the extent that it consists of a report of Assembly proceedings which
either is made by or under the authority of the Assembly or is fair and
accurate and made in good faith.
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(2)
In subsection (1)—
“the strict liability rule”, and
“publication”,

have the same meaning as in the Contempt of Court Act 1981 (c. 49).
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Corrupt practices
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The Assembly and the Assembly Commission are public bodies for the
purposes of the Prevention of Corruption Acts 1889 to 1916.
Part 2
Welsh Assembly Government
Government
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45
Welsh Assembly Government
(1)
There is to be a Welsh Assembly Government, or Llywodraeth Cynulliad
Cymru, whose members are—
(a)
the First Minister or Prif Weinidog (see sections 46 and 47),
(b)
the Welsh Ministers, or Gweinidogion Cymru, appointed under section
35
48,
(c)
the Counsel General to the Welsh Assembly Government or Cwnsler
Cyffredinol i Lywodraeth Cynulliad Cymru (see section 49) (referred to
in this Act as “the Counsel General”), and

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(d)
the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see
section 50).
(2)
In this Act and in any other enactment or instrument the First Minister and the
Welsh Ministers appointed under section 48 are referred to collectively as the
Welsh Ministers.
5
Ministers, staff etc.
46
The First Minister
(1)
The First Minister is to be appointed by Her Majesty after nomination in
accordance with section 47.
(2)
The First Minister holds office at Her Majesty’s pleasure.
10
(3)
The First Minister may at any time tender resignation to Her Majesty and
ceases to hold office as First Minister when it is accepted.
(4)
A person ceases to hold office as the First Minister if another person is
appointed to that office.
(5)
The functions of the First Minister are exercisable by a person designated by
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the Presiding Officer if—
(a)
the office of the First Minister is vacant,
(b)
the First Minister is for any reason unable to act, or
(c)
the First Minister has ceased to be an Assembly member.
(6)
A person may not be designated to exercise the functions of the First Minister
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unless the person is—
(a)
an Assembly member, or
(b)
if the Assembly has been dissolved, a person who ceased to be an
Assembly member by reason of the dissolution.
(7)
A person may be designated to exercise the functions of the First Minister only
25
on the recommendation of the Welsh Ministers (unless there is no-one holding
office as a Welsh Minister appointed under section 48).
(8)
If a person is designated to exercise the functions of the First Minister, the
designation continues to have effect even if the Assembly is dissolved.
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Choice of First Minister
30
(1)
If one of the following events occurs, the Assembly must, before the end of the
relevant period, nominate an Assembly member for appointment as First
Minister.
(2)
The events are—
(a)
the holding of a poll at a general election,
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(b)
the Assembly resolving that the Welsh Ministers no longer enjoy the
confidence of the Assembly,
(c)
the First Minister tendering resignation to Her Majesty,
(d)
the First Minister dying or becoming permanently unable to act and to
tender resignation, and
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(e)
the First Minister ceasing to be an Assembly member otherwise than by
reason of a dissolution.