rs1212802.376-382

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 28th February2006
376

Government of Wales Bill, continued

Mr Secretary Hain

Agreed to  45

Page  86,  line  18  [Clause  157],  at end insert—

‘(1A)
In sections 94(3), 108(2) and 150(2) “enactment” includes an Act of the Scottish

Parliament and an instrument made under such an Act.’.

Mr Secretary Hain

Agreed to  46

Page  152,  line  17  [Schedule  10],  at end insert ‘, and

(b)
in paragraph (a), after “other than” insert “the National Assembly for

Wales Commission,”.’.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Not called  7

Page  89  [Clause  160],  leave out line 23.

Mr Secretary Hain

Agreed to  47

Page  89,  line  23  [Clause  160],  at end insert ‘and Schedule 5’.

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Not called  13

Page  90,  line  28  [Clause  160],  at end insert—

‘(8)
Section 7 comes into force in accordance with section [Commencement of

provisions relating to candidates at general elections].’.

Mr Secretary Hain

Agreed to  48

Page  170,  line  31  [Schedule  11],  leave out ‘such power instead’ and insert ‘instead

power to pass Assembly Measures in relation to that matter in the same terms as the

relevant Assembly function or in terms differing from those terms to such extent as

Report Stage Proceedings: 28th February2006
377

Government of Wales Bill, continued

appears appropriate.’.

Mr Secretary Hain

Agreed to  49

Page  175,  line  7  [Schedule  11],  after ‘made’ insert ‘before’.

Mr Secretary Hain

Agreed to  50

Page  176,  line  17  [Schedule  11],  at end insert—

“Section 75(1) of the Health and
Power to require prescribed

Social Care (Community Health
persons to provide explanation of

and Standards) Act 2003 (c. 43), if
documents etc.

exercised to amend or repeal any

part of the text of an Act.

Section 96 of that Act, if exercised
Power to confer additional

to amend or repeal any part of the
functions in relation to Welsh local

text of an Act.
authority social services.

Section 101(1) of that Act, if
Power to require prescribed

exercised to amend or repeal any
persons to provide explanation of

part of the text of an Act.
documents etc.

Section 33(3)(a)(ii) of the Higher
Power to require institutions’ plans

Education Act 2004 (c. 8)
to include provision relating to

promotion of higher education.

Section 12(2) of the Public Audit
Power to add to definition of “local

(Wales) Act 2004 (c. 23).
government body in Wales”.

Section 39(1) of that Act, if
Power to make provision about

exercised so as to include a
publication etc. of accounts.

declaration that a contravention is

an offence.

Section 46(2) of that Act.
Power to apply sections 47 to 49 to

other local government bodies.

Section 47(5) of that Act.
Power to shorten period within

which body must publish

information.”

Mr Secretary Hain

Agreed to  51

Page  177,  line  24  [Schedule  11],  at end insert—

Report Stage Proceedings: 28th February2006
378

Government of Wales Bill, continued

“Section 45D of the School
Power to repeal school funding

Standards and Framework Act
provisions.

1998 (c. 31)

Paragraph 5(2) of Schedule 7 to
Power to prescribe content and

that Act.
form of publication of proposals.

Paragraph 12(2)(d) of Schedule 7
Power to prescribe period within

to that Act.
which objections to proposals may

be made.

Paragraph 17(2) of Schedule 7 to
Power to make transitional

that Act.
exemption order relating to

proposal for school to cease to be

single sex.

Paragraph 13B(1) of Schedule 26
Power to prescribe period within

to that Act.
which nursery inspection report

must be made.”

Mr Secretary Hain

Agreed to  52

Page  177,  line  36  [Schedule  11],  at end insert—

“Section 77(4) of the Learning and
Power to prescribe period within

Skills Act 2000 (c. 21)
which report must be made.

Section 83(7) of that Act.
Power to make further provision

about obligation to provide

information.

Section 128(4)(b) and (c) of that
Power about statement of proposed

Act.
action.

Section 109(6)(b) of the Transport
Power to specify date by which

Act 2000 (c. 38).
deemed local transport plan to be

replaced.

Section 24(4) and (5) of the
Power relating to health and well-

National Health Service Reform
being strategies.

and Health Care Professions Act

2002 (c. 17).

Section 102 of the Education Act
Power to specify period which is

2002 (c. 32).
foundation stage.

Section 108(2)(a) of that Act.
Power to specify areas of learning

in respect of foundation stage.

Section 139(1) of that Act.
Power to approve institutions to

provide course of higher education

etc.

Section 192 of that Act.
Power to prescribe content and

manner of publication of proposals

to secure regional provision.

Section 193 of that Act.
Power to make provision about

proposals to secure regional

provision.

Section 197 of that Act.
Power relating to partnership

agreements and statements.

Section 198 of that Act.
Power relating to transition from

primary to secondary school.

Section 207(4) of that Act.
Power relating to adjustments

between local education

authorities.”

Report Stage Proceedings: 28th February2006
379

Government of Wales Bill, continued

Mr Secretary Hain

Agreed to  53

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

“Section 75(1) of the Health and
Power to require prescribed

Social Care (Community Health
persons to provide explanation of

and Standards) Act 2003 (c. 43),
documents etc.

unless exercised to amend or

repeal any part of the text of an

Act.

Section 96 of that Act, unless
Power to confer additional

exercised to amend or repeal any
functions in relation to Welsh local

part of the text of an Act.
authority social services.

Section 101(1) of that Act, unless
Power to require prescribed

exercised to amend or repeal any
persons to provide explanation of

part of the text of an Act.
documents etc.”

Mr Secretary Hain

Agreed to  54

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

“Section 30(1)(b) of the Higher
Power to designate “relevant

Education Act 2004 (c. 8).
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
Power to specify documents to

Audit (Wales) Act 2004 (c. 23).
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
Power to make provision about

exercised so as to include a
publication etc. of accounts.

declaration that a contravention is

an offence.

Section 52(2)(c) of that Act.
Power to specify documents to

which right of access applies.

Section 29 of the Children Act
Power relating to information

2004 (c. 31).
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.”

Report Stage Proceedings: 28th February2006
380

Government of Wales Bill, continued

Mr Secretary Hain

Agreed to  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

Not called  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

Report Stage Proceedings: 28th February2006
381

Government of Wales Bill, continued

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

Negatived on division  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

Not called  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

Report Stage Proceedings: 28th February2006
382

Government of Wales Bill, continued

member at subsequent general election

Mrs Cheryl Gillan

Mr Dominic Grieve

David Mundell

Mr Patrick McLoughlin

Mr Elfyn Llwyd

Not called  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

Not called  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

Not called  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.’.