Government of Cornwall Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Government of Cornwall Bill

Government of Cornwall Bill
Part 1 — Cornish Assembly
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(a)
the period of two months beginning with the day on which the
Assembly member was declared to be returned, or
(b)
such longer period as the Assembly may have allowed before the end
of that period of two months,

at the end of that period of two months or longer period the Assembly member
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ceases to be an Assembly member (so that the Assembly member’s seat is
vacant).
(5)
Until an Assembly member has taken the oath (or made the affirmation), no
salary, allowance, gratuity or payment towards the provision of a pension,
allowance or gratuity is to be paid under this Act to or in respect of the
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Assembly member.
(6)
But subsection (6) does not affect any entitlement to payments in respect of the
period before the Assembly member took the oath (or made the affirmation)
once the Assembly member has done so.
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Assistance to groups of Assembly members
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(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.
(2)
A determination under subsection (1) may make provision—
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(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
(c)
for claims for such payments to be made to the Assembly Commission.
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(3)
A determination under subsection (1) may make different provision for
different political groups.
(4)
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
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sums paid under this section in the financial year.
Proceedings etc
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Standing orders
(1)
Assembly proceedings are to be regulated by standing orders (referred to in
this Act as “the standing orders”).
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(2)
The standing orders shall be drawn up by the Clerk and must be approved by
the Assembly Commission.
(3)
The standing orders must include provision for preserving order in Assembly
proceedings, including provision for—
(a)
preventing conduct which would constitute a criminal offence or
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contempt of court, and
(b)
a sub judice rule.

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Part 1 — Cornish Assembly
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(4)
The standing orders—
(a)
must include provision requiring the proceedings of the Assembly to
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
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(b)
may include provision as to the conditions to be complied with by
members of the public attending the proceedings (including provision
for excluding any member of the public who does not comply with the
conditions).
(5)
The standing orders must include provision—
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(a)
for reporting the proceedings of the Assembly, and for reporting
proceedings of committees of the Assembly and sub-committees of
such committees which are held in public, and
(b)
for publishing the reports of proceedings as soon as reasonably
practicable after the proceedings take place.
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(6)
Standing orders shall include provision—
(a)
for general debate on a Bill with an opportunity for members to vote on
its general principles,
(b)
for the consideration of, and an opportunity for members to vote on, the
details of a Bill, and
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(c)
for a final stage at which a Bill can be passed or rejected.
(7)
Standing orders may make provision different from that required by
subsection (1) for the procedure applicable to Bills of any of the following
kinds—
(a)
Bills which restate the law,
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(b)
Bills which repeal spent enactments,
(c)
private Bills.
(8)
The Assembly may by resolution remake or revise the standing orders; but if
the motion for a resolution to replace or revise the standing orders is passed on
a vote, it has no effect unless at least two-thirds of the Assembly members
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voting support it.
(9)
The standing orders must include provision for securing that the Assembly
may only pass a Bill containing provisions which would, if contained in a Bill
for an Act of Parliament, require the consent of Her Majesty or the Duke of
Cornwall if such consent has been signified in accordance with the standing
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orders.
(10)
The Clerk must publish the standing orders.
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Participation by UK Ministers etc
(1)
The Secretary of State is entitled to participate in proceedings of the Assembly
if invited to do so but not to vote.
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(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,

to be made available to the Secretary of State no later than the time when they
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are made available to Assembly members.

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Part 1 — Cornish Assembly
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(3)
The standing orders may make provision for—
(a)
the participation of the Secretary of State in proceedings of any
committee of the Assembly, or any sub-committee of any such
committee, and
(b)
the participation in any Assembly proceedings of Ministers of the
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Crown and of persons serving in the department of any Minister of the
Crown.
(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
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documents or information in connection with participation in Assembly
proceedings pursuant to standing orders made in accordance with this section.
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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 must undertake with the Assembly such
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consultation about the UK Government’s legislative programme for the
session as appears to the Secretary of State to be appropriate.
(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.
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(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
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
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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
undertaken under subsection (1), the Secretary of State must undertake with
the Assembly such consultation about the Bill as appears to the Secretary of
State to be appropriate.
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(5)
This section does not require the undertaking of consultation with the
Assembly about a bill if it appears to the Secretary of State that there are
considerations relating to the bill that make such consultation inappropriate.
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Equality of treatment
(1)
The Assembly must, in the conduct of Assembly proceedings, give effect, so far
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as is both appropriate in the circumstances and reasonably practicable, to the
principle that the English and Cornish languages should be treated on a basis
of equality.
(2)
The Assembly must make appropriate arrangements with a view to securing
that Assembly proceedings are conducted with due regard to the principle that
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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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Part 1 — Cornish Assembly
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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 such as benefit in
kind, as so defined,

in any matter to declare that interest before taking part in Assembly
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proceedings relating to that matter.
(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.
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(5)
The standing orders must include provision prohibiting an Assembly member
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
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(b)
urging, in consideration of any such payment or benefit in kind, any
other Assembly member to advocate or initiate any cause or matter on
behalf of any person by any such means.
(6)
An Assembly member who—
(a)
takes part in Assembly proceedings without having complied with, or
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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),

commits an offence.
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(7)
A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(8)
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.
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Witnesses and documents
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Power to require attendance
(1)
Subject as follows, the Assembly or any committee of the Assembly may
require by giving notice, in writing, to any person—
(a)
to attend Assembly proceedings for the purpose of giving evidence, or
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(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 Cornish Ministers of any
of their functions.
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Part 2 — Cornish Assembly Government
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(2)
A person to whom a notice under subsection (1) has been given is guilty of an
offence if he—
(a)
refuses or fails, without reasonable excuse, to attend proceedings as
required by the notice,
(b)
refuses to answer any question which is properly put to him when
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attending any proceedings as required by the notice,
(c)
refuses or fails, without reasonable excuse, to produce any document
required by the notice to be produced by him, or
(d)
intentionally alters, suppresses, conceals or destroys any document
required by the notice to be produced by him.
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(3)
A person guilty of an offence under subsection (2) is liable on summary
conviction to—
(a)
a fine not exceeding level 5 on the standard scale, or
(b)
imprisonment for a term not exceeding three months.
(4)
A person is not obliged by this section to answer any question or produce any
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document which he would be entitled to refuse to answer or produce in or for
the purposes of proceedings in a court in England and Wales; and subsection
(2) has effect accordingly.
Part 2
Cornish Assembly Government
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Government
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Cornish Assembly Government
(1)
There is to be a Cornish Assembly Government whose members are—
(a)
the First Minister or,
(b)
the Cornish Ministers appointed under section 25,
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(c)
the Deputy Cornish Ministers.
(2)
In this Act and in any other enactment or instrument the First Minister and the
Cornish Ministers appointed under section 25 are referred to collectively as the
Cornish Ministers.
Ministers, staff etc
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The First Minister
(1)
The First Minister is to be appointed by Her Majesty after nomination in
accordance with section 24.
(2)
The First Minister holds office at Her Majesty’s pleasure.
(3)
The First Minister may at any time tender resignation to Her Majesty and
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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
the Presiding Officer if—
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(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
unless the person is—
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(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
on the recommendation of the Cornish Ministers (unless there is no-one
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holding office as a Cornish Minister appointed under section 25).
(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
(1)
If one of the following events occurs, the Assembly must, before the end of the
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relevant period, nominate an Assembly member for appointment as First
Minister.
(2)
The events are—
(a)
the holding of an ordinary or extraordinary general election,
(b)
the Assembly resolving that the Cornish Ministers no longer enjoy the
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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
(e)
the First Minister ceasing to be an Assembly member otherwise than by
reason of a dissolution.
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(3)
The relevant period is the period of 28 days beginning with the day on which
the event occurs; but—
(a)
if another of those events occurs within that period, the relevant period
is (subject to paragraph (b)) extended to end with the period of 28 days
beginning with the day on which that other event occurs, and
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(b)
the relevant period ends if the Assembly passes a resolution under
section 4(2)(a) or when Her Majesty appoints a person as the First
Minister.
(4)
The Presiding Officer must recommend to Her Majesty the appointment of the
person nominated by the Assembly under subsection (1).
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Cornish Ministers
(1)
The First Minister may, with the approval of Her Majesty, appoint Cornish
Ministers from among the Assembly members.
(2)
A Cornish Minister appointed under this section holds office at Her Majesty’s
pleasure.
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(3)
A Cornish Minister appointed under this section may be removed from office
by the First Minister.
(4)
A Cornish Minister appointed under this section may at any time resign.

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(5)
A Cornish Minister appointed under this section must resign if the Assembly
resolves that the Cornish Ministers no longer enjoy the confidence of the
Assembly.
(6)
A Cornish Minister appointed under this section who resigns ceases to hold
office immediately.
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(7)
A Cornish Minister appointed under this section ceases to hold office on
ceasing to be an Assembly member otherwise than by reason of a dissolution.
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Deputy Cornish Ministers
(1)
The First Minister may, with the approval of Her Majesty, appoint Deputy
Cornish Ministers from among the Assembly members to assist the First
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Minister or a Cornish Minister appointed under section 25.
(2)
A Deputy Cornish Minister holds office at Her Majesty’s pleasure.
(3)
A Deputy Cornish Minister may be removed from office by the First Minister.
(4)
A Deputy Cornish Minister may at any time resign.
(5)
A Deputy Cornish Minister must resign if the Assembly resolves that the
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Cornish Ministers no longer enjoy the confidence of the Assembly.
(6)
A Deputy Cornish Minister who resigns ceases to hold office immediately.
(7)
A Deputy Cornish Minister ceases to hold office on ceasing to be an Assembly
member otherwise than by reason of a dissolution.
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Limit on number of Ministers
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(1)
No more than twelve persons are to hold a relevant Cornish Ministerial office
at any time.
(2)
A relevant Cornish Ministerial office means the office of Cornish Minister
appointed under section 48 or the office of Deputy Cornish Minister.
Functions
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Introduction
(1)
The persons to whom this section applies have the functions conferred or
imposed on them by or by virtue of this Act or any other enactment or
prerogative instrument.
(2)
This section applies to the Cornish Ministers and the First Minister.
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Exercise of functions
(1)
Functions may be conferred or imposed on the Cornish Ministers by that name.
(2)
Functions of the Cornish Ministers and the First Minister are exercisable on
behalf of Her Majesty.
(3)
Functions of the Cornish Ministers are exercisable by the First Minister or any
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of the Cornish Ministers appointed under section 25.