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| Schedule 9, page 182, line 13, at end insert— |
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| | ‘(2) | This sub-paragraph applies to— |
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| | (a) | a requirement to be of a particular religion or belief; |
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| | (b) | a requirement to be of a particular sex; |
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| | (c) | a requirement not to be a transsexual person; |
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| | (d) | a requirement not be married or a civil partner; |
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| | (e) | a requirement not to be married to, or the civil partner of, a person who |
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| | has a living former spouse or civil partner; |
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| | (f) | a requirement relating to circumstances in which a marriage or civil |
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| | partnership came to an end; |
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| | (g) | a requirement related to sexual orientation.’. |
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| | Member’s explanatory statement
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| | Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader |
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| | framework. This would provide wider protection for the freedom of association of religious bodies. |
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| Schedule 9, page 182, line 26, leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert |
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| | Member’s explanatory statement
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| | This amendment would expand the scope of the exception in paragraph 5(1) of Schedule 9 |
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| | (permitting discrimination in relation to work for which having a particular protected |
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| | characteristic is an occupational requirement) so that it applies to all circumstances in Clause |
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| | 52(1) or (2) giving rise to liability. |
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| Schedule 9, page 182, line 30, after ‘52’, insert ‘(1) or (2)’. |
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| | Member’s explanatory statement
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| | This amendment would limit the exception in paragraph 5(2) of Schedule 9 (permitting |
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| | discrimination in relation to training for work for which having a particular protected |
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| | characteristic is an occupational requirement) so that it applies to discrimination only and not |
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| | harassment or victimisation. |
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| Schedule 9, page 182, line 33, leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert |
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| | Member’s explanatory statement
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| | This amendment would expand the scope of the exception in paragraph 5(3) of Schedule 9 |
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| | (permitting discrimination in reliance on a statement that a particular protected characteristic is |
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| | an occupational requirement) so that it applies to all circumstances in Clause 52(1) or (2) giving |
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| Schedule 9, page 183, line 25, leave out paragraph 8. |
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| Schedule 9, page 183, line 35, leave out paragraph 9. |
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| Schedule 9, page 188, line 17, at end insert— |
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| | ‘( ) | section 38(1) and (3);’. |
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| | Member’s explanatory statement
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| | This amendment would bring Clause 38(1) and (3) within the scope of paragraph 19(1) of |
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| | Schedule 9. A principal would not then be liable under Clause 38 for discrimination or |
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| | victimisation relating to the provision of a benefit, facility or service to the public (as in existing |
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| Schedule 9, page 188, line 26, at end insert— |
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| | ‘( ) | in relation to section 38(1) and (3), the other contract workers supplied |
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| | Member’s explanatory statement
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| | This amendment would provide that “comparable persons” means other contract workers |
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| | supplied to a principal, when determining whether provision of a benefit, facility or service by a |
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| | principal to a contract worker differs in a material respect for the purposes of paragraph 19(3)(a) |
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| Schedule 9, page 188, line 32, at end insert— |
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| | ‘( ) | the terms on which the principal allows B to do the contract work,’. |
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| | Member’s explanatory statement
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| | This amendment would provide that “B’s terms” means the terms on which the principal allows a |
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| | contract worker to work, when determining whether the provision of a benefit, facility or service |
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| | by the principal is regulated by B’s terms for the purposes of paragraph 19(3)(b) of Schedule 9. |
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| Clause 79, page 59, line 37, leave out paragraph (c). |
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| Clause 92, page 70, line 6, after ‘a’, insert ‘relevant’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 76 and 77 would make in relation to educational qualifications |
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| | corrections corresponding to the corrections that amendments 62 and 63 would make in relation |
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| Clause 92, page 70, line 7, after ‘a’, insert ‘relevant’. |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 75. |
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| Clause 92, page 70, line 7, at end insert— |
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| | ‘( ) | A reference in section 91(8), (10) or (11) to a qualification is a reference to a |
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| | relevant qualification.’. |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 75. |
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| Clause 95, page 70, line 26, leave out subsection (3). |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 90. |
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| Schedule 15, page 207, line 35, leave out from ‘who’ to end of line 36 and insert |
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| | (a) | are, or are seeking to become or might wish to become, members, |
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| | |
| | (c) | are, or are likely to become, guests.’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 80 would expand the scope of the duty on associations to make |
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| | reasonable adjustments so that the duty applies in relation to prospective members and guests. The |
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| | omission of provision to that effect from the Bill on introduction was an oversight. |
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| Schedule 15, page 208, line 1, leave out from ‘relevant’ to end of line 2 and insert |
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| | (a) | access to a benefit, facility or service; |
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| | (b) | being admitted to membership or invited as a guest.’. |
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| | Member’s explanatory statement
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| | See explanatory statement for amendment 79. |
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| Clause 118, page 85, line 28, leave out paragraph (c). |
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| Clause 118, page 85, line 29, leave out subsection (3) and insert— |
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| | ‘(3) | In the event that an employment tribunal finds that an employer has contravened |
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| | a term modified or included by an equality clause, the employer shall be required |
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| | to undertake an audit, to be known as an equal pay audit, and to make the results |
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| | of the audit available in a manner prescribed in regulations made by the Secretary |
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| Clause 118, page 86, line 8, leave out subsection (7). |
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| Clause 130, page 95, line 27, after ‘offence’, insert ‘under this Act’. |
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| | Member’s explanatory statement
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| | This amendment would remove an inconsistency between Clause 107(7)(a) and Clause 130(5). |
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| Clause 138, page 100, line 16, after ‘of’, insert ‘or made under’. |
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| | Member’s explanatory statement
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| | This amendment would expand the scope of Clause 138(1) to render unenforceable a contractual |
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| | term which purports to exclude or limit a provision made under the Bill in addition to a provision |
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| | of the Bill itself. The amendment would complement the provisions already in the Bill. |
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| Clause 138, page 100, line 19, after ‘of’, insert ‘or made under’. |
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| | Member’s explanatory statement
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| | This amendment would expand the scope of Clause 138(2) to render unenforceable a relevant non- |
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| | contractual term which purports to exclude or limit a provision made under the Bill in addition to |
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| | a provision of the Bill itself. The amendment would complement the provisions already in the Bill. |
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| Clause 143, page 105, line 14, at beginning insert ‘Subsection (1) will also apply |
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| Clause 143, page 105, leave out lines 15 and 16 and insert ‘except in relation to matters |
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| Clause 143, page 105, line 32, at end insert— |
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| | ‘(4A) | Having due regard to the need to foster good relations between persons who share |
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| | a relevant protected characteristic and persons who do not share it involves |
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| | ensuring a proper balance between the rights of persons who share a relevant |
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| | protected characteristic and the rights of persons who share a different relevant |
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| | protected characteristic.’. |
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| | Member’s explanatory statement
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| | Prevents public authorities using the public sector equality duty to favour the rights of one group |
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| Clause 143, page 105, line 35, at end insert— |
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| | ‘(5A) | A public authority must collect and publish data annually showing, in the exercise |
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| | of its functions, the extent to which it has succeeded in meeting the requirements |
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| Schedule 18, page 216, leave out lines 21 to 24. |
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| | Member’s explanatory statement
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| | The Commons, the Lords, the Scottish Parliament and the Welsh Assembly are exempt from the |
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| | public sector equality duty. This amendment would remove those exemptions. |
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| Page 107, line 6, leave out Clause 145. |
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| | Member’s explanatory statement
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| | Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| | require the Government to use primary legislation instead. |
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| Page 107, line 29, leave out Clause 146. |
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| | Member’s explanatory statement
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| | Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| | require the Government to use primary legislation instead. |
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| Clause 147, page 108, line 27, at end insert— |
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| | ‘(5) | Before regulations are made under this section, there must be laid before both |
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| | (a) | draft regulations, and |
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| | (b) | evidence that the regulations will enable the better performance by public |
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| | authorities of the duty imposed by subsection (1).’. |
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| Page 108, line 18, leave out Clause 147. |
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| | Member’s explanatory statement
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| | Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| | require the Government to use primary legislation instead. |
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| Page 109, line 1, leave out Clause 148. |
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| | Member’s explanatory statement
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| | Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| | require the Government to use primary legislation instead. |
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| Page 110, line 17, leave out Clause 149. |
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| | Member’s explanatory statement
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| | Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| | require the Government to use primary legislation instead. |
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| Clause 151, page 111, line 8, after ‘person’, insert ‘other than the Assembly |
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| | Member’s explanatory statement
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| | This amendment would provide for the National Assembly for Wales Commission not to be a |
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| | “relevant Welsh authority”; accordingly, a Minister of the Crown (not the Welsh Ministers) would |
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| | have power to make an order to add the Commission to Schedule 19 or to impose specific duties |
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| Clause 151, page 111, line 12, after ‘authority’, insert ‘or the Assembly |
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| | Member’s explanatory statement
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| | This amendment would provide for the National Assembly for Wales Commission not to be a |
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| | “relevant cross-border authority”; accordingly, a Minister of the Crown (not the Welsh Ministers) |
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| | would have power to make an order to add the Commission to Schedule 19 or to impose specific |
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| Clause 151, page 111, line 14, at end insert— |
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| | ‘( ) | The Assembly Commission has the same meaning as in the Government of Wales |
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| | Member’s explanatory statement
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| | This amendment would define “the Assembly Commission” in amendments 84 and 85 as the |
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| | National Assembly for Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru. |
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