Amendments proposed to the Government of Wales Bill, As Amended - continued House of Commons

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Mr Secretary Hain

53

Page     178,     line     18     [Schedule     11],     at end insert—

"Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), unless exercised to amend or repeal any part of the text of an Act.Power to require prescribed persons to provide explanation of documents etc.
Section 96 of that Act, unless exercised to amend or repeal any part of the text of an Act.Power to confer additional functions in relation to Welsh local authority social services.
Section 101(1) of that Act, unless exercised to amend or repeal any part of the text of an Act.Power to require prescribed persons to provide explanation of documents etc."
   

Mr Secretary Hain

54

Page     178,     line     34     [Schedule     11],     at end insert—

"Section 30(1)(b) of the Higher Education Act 2004 (c. 8).Power to designate "relevant authority".
Section 38(2) of that Act.Power to prescribe maximum period during which relevant authority can refuse to approve institution's new plan.
Section 18(2)(c) of the Public Audit (Wales) Act 2004 (c. 23).Power to specify documents to which right of access applies.
Section 21(1) of that Act.Power to replace scale of audit fees.
Section 39(1) of that Act, unless exercised so as to include a declaration that a contravention is an offence.Power to make provision about publication etc. of accounts.
Section 52(2)(c) of that Act.Power to specify documents to which right of access applies.
Section 29 of the Children Act 2004 (c. 31).Power relating to information databases.
Section 31 of that Act.Power relating to Local Safeguarding Children Boards.
Section 32 of that Act.Power to prescribe functions and procedures of Boards.
Section 34 of that Act.Power to make provision about functions of children's services authorities relating to Boards."


   

Mr Secretary Hain

55

Page     179,     line     37     [Schedule     11],     leave out 'paragraph 27 has effect.' and insert 'the end of the initial period.'.


NEW CLAUSES

Referendum about commencement of Assembly Measure provisions

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC1

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 virture of subsection (1) see Schedule 6.

    (8)   In this Act, "the Assembly Measure provisions" means sections 92 to 101.'.


Referendum not to be held more than ten years after passing of Act

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC2

To move the following Clause:—

    'No Order in Council under section 102(1) may be made after the expiration of the period of ten years after the passing of this Act.'.


Scrutiny of proposed Orders in Council by Joint Scrutiny Committee

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC3

To move the following Clause:—

    '(1)   There shall be a Joint Scrutiny Committee (in this section, "the Committee") that shall scrutinise every Order in Council made pursuant to section 94 of this Act and report on its expediency to the House of Commons and to the National Assembly for Wales.

    (2)   The Committee shall consist of ten Members of the House of Commons and ten Members of the National Assembly of Wales.

    (3)   The Committee may choose its own Chairman and determine its own procedure.'.


Person filling constituency vacancy to be eligible as constituency member or regional member at subsequent general election

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
Mr Elfyn Llwyd

NC4

To move the following Clause:—

    'A person who has become an Assembly constituency member as a result of an election held under section 10 may be included in a list of candidates for return as Assembly regional members for a particular Assembly electoral region at the subsequent general election even if, at that general election, he is also a candidate to be the Assembly constituency member for an Assembly constituency.'.


Oath to be taken or affirmation to be made in public

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
Mr Elfyn Llwyd

NC5

To move the following Clause:—

    'An oath required by section 23 or 55 is to be taken (or the corresponding affirmation made) in public.'.


Limit on number of Ministers (No. 2)

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC6

To move the following Clause:—

    '(1)   Not more than eight persons are to hold the office of Welsh Minister appointed under section 48 at any time.

    (2)   Not more than three person are to hold the office of Deputy Welsh Minister at any time.'.


Commencement of provisions relating to candidates at general elections

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC7

To move the following Clause:—

    '(1)   Section 7 comes into force on such day after the 2007 election as the Secretary of State may by order appoint.

    (2)   But no order under subsection (1) may be made unless—

      (a) the Secretary of State has undertaken appropriate consultation with—

      (i) the Assembly, and

      (ii) each political party represented in the Assembly, and

      (b) the Electoral Commission has made a report.

    (3)   No order under subsection (1) may be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.'.


Composition and chairing of committees

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin
Mr Elfyn Llwyd

NC8

To move the following Clause:—

    '(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 that the membership of each committee and sub-committee reflects the balance of political parties represented in the Assembly.

    (3)   The provision must secure that, taken together, the chairmen of the committees and sub-committees reflect the balance of political parties represented in the Assembly.

    (4)   The provision must secure that the Presiding Officer decides questions arising under provision made in compliance with this section.'.


Public Expenditure Commission

   

Mr Elfyn Llwyd
Hywel Williams
Adam Price

NC9

To move the following Clause:—

    '(1)   Within three months of Royal Assent to this Act, Her Majesty's Government shall establish a commission to make recommendations concerning the future allocation of public expenditure among England, Scotland, Wales and Northern Ireland.

    (2)   The commission referred to in subsection (1) shall be referred to as "the Public Expenditure Commission".

    (3)   The Public Expenditure Commission shall include two members appointed by each of the following—

      (a) the Scottish Parliament,

      (b) the National Assembly for Wales, and

      (c) the Northern Ireland Assembly

    (4)   The Public Expenditure Commission shall include four members appointed by the House of Commons.

    (5)   The Public Expenditure Commission shall publish, within one year following the establishment of the commission, a report setting out recommendations concerning the future allocation of government expenditure among England, Scotland, Wales and Northern Ireland.

    (6)   The Public Expenditure Commission may consider and make recommendations concerning the geographical allocation of public expenditure within England.

    (7)   The Public Expenditure Commission shall be guided in its considerations by the principle that the geographical allocation of public expenditure should be governed by the geographical distribution of the need for public expenditure.

    (8)   The Public Expenditure Commission shall commission statistical research to enable it to carry out its duty under subsection (6).'.


Welsh language legislation

   

Mr Elfyn Llwyd
Hywel Williams
Adam Price

NC10

To move the following Clause:—

    '(1)   Sections 106 to 112 and 114 shall come into force on 1st April 2007 in respect of subject 20 in Part 1 of Schedule 7 (the Welsh language).

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



 
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