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Amendments to the Government of Wales Bill

Government of Wales Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 29th March 2006, as follows—

Clauses 1 and 2
Schedule 1
Clauses 3 to 27
Schedule 2
Clauses 28 to 58
Schedule 3
Clauses 59 to 87
Schedule 4
Clauses 88 to 93
Schedule 5
Clauses 94 to 102
Schedule 6
Clauses 103 to 107
Schedule 7
Clauses 108 to 144
Schedule 8
Clauses 145 to 148
Schedule 9
Clauses 149 to 159
Schedule 10
Clauses 160 and 161
Schedule 11
Clause 162
Schedule 12
Clauses 163 to 165

[Amendments marked * are new or have been altered]

Amendment
No.

39[Withdrawn]
40[Withdrawn]
41[Withdrawn]
 

Clause 49

 

THE LORD ROBERTS OF CONWY
THE LORD HUNT OF WIRRAL
THE LORD CRICKHOWELL

42Page 29, line 28, at end insert—
"(   )  No recommendation for the appointment of a person as the Counsel General may be made by the First Minister without prior consultation with the Attorney General.
(   )  No person may be recommended for appointment as the Counsel General unless he is—
(a)  a member of the Bar of England and Wales of at least ten years' standing, or
(b)  a solicitor of the Supreme Court of at least ten years' standing.
(   )  The functions of the Counsel General shall be exercised by him independently of any other person."
 

Clause 51

 

THE LORD ROBERTS OF CONWY
THE LORD HENLEY
THE LORD CRICKHOWELL

43Leave out Clause 51 and insert the following new Clause—
  "Limit on number of Ministers
(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 persons are to hold the office of Deputy Welsh Minister at any time."
 

Clause 60

 

THE LORD ROBERTS OF CONWY
THE LORD HUNT OF WIRRAL
THE LORD CRICKHOWELL

44Page 35, line 22, after "anything" insert "within their powers"
45[Withdrawn]
 The above-named Lords give notice of their intention to oppose the Question that Clause 60 stand part of the Bill.
 

Clause 61

 

THE LORD TEMPLE-MORRIS

45APage 36, line 11, at end insert—
  "other than where to do so would render the exercise of the duties and functions currently undertaken by bodies in Wales created by royal charter or warrant in whole or in part redundant"
 

Clause 64

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

46Page 36, line 39, after "Ministers" insert ", or the Senedd by resolution with a simple majority of those voting,"
 

Clause 68

 

THE LORD EVANS OF TEMPLE GUITING

47Page 37, line 41, at end insert "but subject to any appropriate modifications"
 

Clause 70

 

THE LORD ROBERTS OF CONWY
THE LORD HUNT OF WIRRAL
THE LORD CRICKHOWELL

48Page 38, line 18, at end insert "reasonable"
 The above-named Lords give notice of their intention to oppose the Question that Clause 70 stand part of the Bill.
 

Clause 74

 

THE LORD DAVIES OF COITY
THE LORD ANDERSON OF SWANSEA

49Page 40, line 39, at end insert "for approval"
 

After Clause 74

 

THE LORD DAVIES OF COITY
THE LORD ANDERSON OF SWANSEA

50Insert the following new Clause—
  "Voluntary Sector Partnership Council
(1)  The Welsh Ministers must establish and maintain a body to be known as the Voluntary Sector Partnership Council or Cyngor Partneriaeth y Sector Gwirfoddol ("the Voluntary Sector Partnership Council").
(2)  The Voluntary Sector Partnership Council is to consist of members appointed by the Welsh Ministers from among—
(a)  the Welsh Ministers,
(b)  the Deputy Welsh Ministers, and
(c)  at least eleven Assembly members reflecting party balance.
(3)  There will be at least three representatives of the Wales Council for Voluntary Action ("the WCVA"), and at least twenty-one sectoral representatives on the Voluntary Sector Partnership Council.
(4)  The WCVA will facilitate the selection of the voluntary sector representatives and ensure that, as far as possible, they reflect a cross-section of voluntary sector interests and activities.
(5)  The Voluntary Sector Partnership Council may—
(a)  advise on the implementation, monitoring and review of the voluntary sector scheme (established under section 74) including monitoring indicators by which the scheme shall be evaluated,
(b)  facilitate consultation with relevant voluntary sector organisations and public sector bodies on the scheme's implementation, operation and review,
(c)  advise on implementation and operation of the scheme and prepare an annual report for consideration by Welsh Ministers,
(d)  propose arrangements for reviewing the scheme after each ordinary election of the Assembly and assist in the review process,
(e)  consider issues that relate to the implementation of the scheme that affect, or are of concern to, the voluntary sector and make recommendations to Welsh Ministers,
(f)  consider issues that relate to the functions and responsibilities of Welsh Ministers that affect, or are of concern to, the voluntary sector and are wider than the responsibilities of a single department and make recommendations to Welsh Ministers."
 

Clause 76

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

51Page 42, line 6, leave out from "must" to end of line and insert "have it approved by the Senedd by a simple majority of those voting before it comes into effect"
 

Clause 78

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

52Page 42, line 42, leave out paragraph (b) and insert—
"(b)  have the copy approved by the Senedd by a simple majority of those voting"
 

After Clause 78

 

THE LORD PRYS-DAVIES
THE LORD ROWLANDS
THE LORD ELYSTAN-MORGAN
THE LORD ROBERTS OF LLANDUDNO

53Insert the following new Clause—
  "Provisions as to English and Welsh languages, etc.
(1)  The Welsh Ministers must make a plan ("the Welsh language plan") setting out how they propose, in the exercise of their functions, to promote and facilitate the use of the Welsh language.
(2)  The Welsh Ministers must, in the exercise of their functions, make arrangements giving effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality; and accordingly it shall be the duty of the Welsh Ministers to adopt a Welsh language scheme ("the Welsh language scheme") within the meaning of section 21(6) of the Welsh Language Act 1993 (c. 38).
(3)  The Welsh Ministers—
(a)  must keep the Welsh language plan and the Welsh language scheme under review, and
(b)  may from time to time remake or revise it.
(4)  Before making, remaking or revising the Welsh language plan or the Welsh language scheme, the Welsh Ministers must consult such persons as they consider appropriate.
(5)  After each financial year the Welsh Ministers must publish a report containing—
(a)  a statement of how the measures and arrangements set out in the Welsh language plan and the Welsh language scheme were implemented in that financial year; and
(b)  an assessment of how effective those measures and arrangements have been in promoting and facilitating the use of the Welsh language, and in promoting the principle referred to in subsection (2),
  and must lay a copy of the report before the Assembly."
 

Clause 92

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

54Page 50, line 23, leave out subsection (1)
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND

54A*Page 50, line 26, at end insert ", adopted by resolution of each House of Parliament"
55[Withdrawn]
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND
THE LORD CRICKHOWELL

56Page 50, line 28, leave out subsection (3)
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

57Page 50, line 30, leave out subsection (4)
 

THE LORD CRICKHOWELL

58Page 50, line 32, at end insert "; and the Assembly may by resolution request that the Parliament of the United Kingdom legislate on any matter specified in Part 1 of Schedule 5"
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND
THE LORD CRICKHOWELL

 The above-named Lords give notice of their intention to oppose the Question that Clause 92 stand part of the Bill.
 

After Clause 92

 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND

59Insert the following new Clause—
  "Referendum about commencement of Assembly Measures provisions
(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 virtue of subsection (1) see Schedule 6.
(8)  In this Act, "The Assembly Measure provisions" means sections 92 to 101."
 

Clause 93

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

60Page 51, line 2, leave out from "competence" to end of line 24 and insert "unless it relates to one or more of the reserved matters specified in Schedule (Reserved matters)"
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND

60A*Page 51, line 21, leave out subsection (7)
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND
THE LORD CRICKHOWELL

 The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.
 

Schedule 5

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

61Leave out Schedule 5 and insert the following new Schedule—
 

"SCHEDULE 5
RESERVED MATTERS
PART 1
GENERAL RESERVATION

 

Constitution

 1      The following aspects of the constitution are reserved matters, that is—
(a)  the Crown, including succession to the Crown and a regency,
(b)  the Parliament of the United Kingdom,
(c)  the continued existence of the civil and criminal courts of the first instance and of appeal.
 2   (1)   Paragraph 1 does not reserve—
(a)  Her Majesty's prerogative and other executive functions,
(b)  functions exercisable by a person acting on behalf of the Crown, or
(c)  any office of the Welsh Administration.
(2)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.
(3)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
 3   (1)   Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.
(2)      Paragraph 1 does not reserve the ultimate superiority of the Crown.
(3)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of—
(a)  the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,
(b)  the royal arms and standard,
(c)  the compulsory acquisition of property held or used by a Minister of the Crown or government department.
 4   (1)   Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.
(2)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.

 
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©Parliamentary copyright 2006
2 May 2006