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Amendments to the Government of Wales Bill

Government of Wales Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 21st June 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.

 

Clause 1

 

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

1Page 1, line 8, leave out subsection (2) and insert—
"(   )  The Assembly is to consist of 80 members elected through the single transferable vote from multi-member constituencies."
 

Clause 2

 

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

2Leave out Clause 2 and insert—
  "Assembly constituencies
(1)  The Assembly constituencies shall each be formed from more than one parliamentary constituency in Wales.
(2)  Each Assembly constituency shall be comprised of no more than one tenth and no less than one twenty-fifth of the eligible electorate of Wales.
(3)  The parliamentary boundary committee for Wales shall periodically recommend revision of the boundaries of Assembly constituencies."
 

Clause 6

 

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

3Page 4, line 12, leave out "two votes" and insert "one vote which shall be cast preferentially"
4Page 4, line 13, leave out subsections (2) to (6)
 

Clause 7

 

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

5Page 4, line 36, at end insert—
"(   )  The regional returning officer shall publish the list of candidates submitted by each political party for each electoral region."
6Page 5, line 19, at end insert—
"(8)  In the event of a candidate's death, the returning officer shall make arrangements for the election in that constituency or Assembly electoral region to be held not more than 28 days after the death of that candidate.
(9)  Subsection (8) does not apply if the original date of the election is more than 28 days after the date of the death of the candidate."
 

Clause 8

 

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

7Leave out Clause 8
 

Clause 9

 

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

8Leave out Clause 9 and insert the following new Clause—
  "Elections to the Assembly
(1)  This section applies to elections of members of the Assembly, including by-elections.
(2)  Each vote in the poll at an election shall be a single transferable vote.
(3)  For the purposes of subsection (2), a single tranferable vote is a vote—
(a)  capable of being given so as to indicate the voter's order of preference for the candidates for election as members for the constituency; and
(b)  capable of being transferred to the next choice when—
(i)  the vote is not needed to give a prior choice for the necessary quota of votes, or
(ii)  when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him."
 

Clause 12

 

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

9Page 8, line 26, at end insert—
"(   )  For the purposes of subsection (1), section 2 of the Representation of the People Act 1983 (c. 2) (local government electors) shall have effect as if for subsection (1)(d) there were substituted—
"(d)  is of voting age (that is, 16 years or over).""
10Page 8, line 28, leave out paragraph (a)
 

Clause 27

 

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

11Page 17, line 27, at end insert "not belonging to the same political group"
 

THE LORD HENLEY
THE LORD ROBERTS OF CONWY
THE BARONESS FINLAY OF LLANDAFF

12Page 17, line 29, at end insert—
"(   )  The standing orders must provide that, so far as is practicable, the four other Assembly members are drawn from different political groups."
 

Clause 29

 

THE LORD HENLEY
THE LORD ROBERTS OF CONWY
THE BARONESS FINLAY OF LLANDAFF

13Page 18, line 24, leave out subsections (2) to (9) and insert—
"(   )  The standing orders shall include provision for ensuring that in apportioning members to committees and sub-committees regard is had to the balance of political parties represented in the Assembly."
 

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

14Page 18, line 24, leave out subsections (2) to (9) and insert—
"(2)  The members of any committee established by the Assembly under section 28(1)—
(a)  shall be elected by the Assembly from among the Assembly members, and
(b)  shall, unless that committee exists solely to provide advice, be elected so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee.
(3)  The committees established by the Assembly under section 28(1) shall be, as far as is practicable, chaired by members of political parties in proportion to the number of members of the Assembly belonging to each party."
 

Clause 30

 

THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY
THE LORD LIVSEY OF TALGARTH
THE LORD ROBERTS OF LLANDUDNO

15Page 19, line 34, leave out "Audit Committee or Pwyllgor Archwilio" and insert "Accounts Committee (or Pwyllgor Cyfrifon) or any other name that the Assembly chooses to allow through its standing orders"
 

THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY

16Page 19, line 36, leave out "Audit" and insert "Accounts"
17Page 19, line 38, leave out "Audit" and insert "Accounts"
18Page 19, line 45, leave out "Audit" and insert "Accounts"
 

Clause 31

 

THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY

19Page 20, line 4, at end insert—
"(1A)  The standing orders must include provision for the scrutiny and approval of the budgets of—
(a)  the Assembly Commission,
(b)  the Auditor General,
(c)  the Public Services Ombudsman for Wales,
(d)  the Children's Commissioner for Wales,
(e)  the Commissioner for Older People in Wales,
  and may include provision for the scrutiny and approval of the budgets of any other specified body or person which is funded from the Welsh Consolidated Fund."
 

THE LORD EVANS OF TEMPLE GUITING

20Page 20, line 29, leave out "day on which the"
 

Clause 32

 

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

21Page 21, line 12, at end insert—
"(   )  This section ceases to have effect on the day on which the Assembly Act provisions come into force."
 

Clause 33

 

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

22Page 21, line 17, leave out "Secretary of State" and insert "Assembly"
23Page 21, line 30, leave out "Secretary of State" and insert "Assembly"
24*Page 21, line 32, leave out from "if" to "that" and insert "the Presiding Officer certifies"
 

Clause 37

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

25Page 23, line 28, at end insert—
"(   )  Subsection (3) does not apply to any matter under section 84(1)."
 

Clause 42

 

THE LORD EVANS OF TEMPLE GUITING

26Page 27, line 15, at end insert—
"(1A)  The Welsh Ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1).
(1B)  No regulations are to be made under subsection (1A) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly."
 

Clause 46

 

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

27Page 28, line 13, after "Her Majesty" insert "from among the members of the Assembly"
28Page 28, line 19, at end insert—
"(   )  The First Minister shall tender his resignation to Her Majesty if the Assembly resolves that the First Minister or the Welsh Ministers no longer enjoy the confidence of the Assembly."
 

Clause 49

 

THE LORD HENLEY
THE LORD ROBERTS OF CONWY

29Page 29, line 33, at end insert—
"(   )  No recommendation for the appointment of a person as the Counsel General may be made by the First Minister without first consulting 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 LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

30*Page 30, line 30, leave out "twelve persons" and insert "20 per cent of the Assembly"
 

Clause 59

 

THE LORD EVANS OF TEMPLE GUITING

31Page 34, line 37, leave out "to make regulations"
32Page 34, line 42, leave out "regulations" and insert "provision"
33Page 35, line 3, leave out "regulations" and insert "provision"
 

Clause 61

 

THE LORD CRICKHOWELL

34Page 36, line 6, at beginning insert "Subject to the limitations of section (Reform of Welsh public bodies) and Schedule (Public bodies subject to reform by Assembly),"
 

After Clause 61

 

THE LORD CRICKHOWELL

35Insert the following new Clause—
  "Consultation prior to supporting culture etc.
  Before providing direct funding under section 61 (support of culture etc.) a Welsh Minister shall consult—
(a)  the relevant body in Schedule (Public bodies subject to reform by Assembly), and
(b)  such other persons (if any) as he thinks appropriate."
 

After Clause 77

 

THE LORD EVANS OF TEMPLE GUITING

36Insert the following new Clause—
  "The Welsh language
(1)  The Welsh Ministers must adopt a strategy ("the Welsh language strategy") setting out how they propose to promote and facilitate the use of the Welsh language.
(2)  The Welsh Ministers must adopt a scheme ("the Welsh language scheme") specifying measures which they propose to take, for the purpose mentioned in subsection (3), as to the use of the Welsh language in connection with the provision of services to the public in Wales by them, or by others who—
(a)  are acting as servants or agents of the Crown, or
(b)  are public bodies (within the meaning of Part 2 of the Welsh Language Act 1993 (c. 38)).
(3)  The purpose referred to in subsection (2) is that of giving effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that in the conduct of public business in Wales the English and Welsh languages should be treated on a basis of equality.
(4)  The Welsh Ministers—
(a)  must keep under review both the Welsh language strategy and the Welsh language scheme, and
(b)  may from time to time adopt a new strategy or scheme or revise them.
(5)  Before adopting or revising a strategy or scheme, the Welsh Ministers must consult such persons as they consider appropriate.
(6)  The Welsh Ministers must publish the Welsh language strategy and the Welsh language scheme when they first adopt it and—
(a)  if they adopt a new strategy or scheme they must publish it, and
(b)  if they revise the Welsh language strategy or the Welsh language scheme (rather than adopting a new strategy or scheme) they must publish either the revisions or the strategy or scheme as revised (as they consider appropriate).
(7)  If the Welsh Ministers publish a strategy or scheme, or revisions, under subsection (6) they must lay a copy of the strategy or scheme, or revisions, before the Assembly.
(8)  After each financial year the Welsh Ministers must publish a report of—
(a)  how the proposals set out in the Welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the Welsh language, and
(b)  how the proposals set out in the Welsh language scheme were implemented in that financial year,
  and must lay a copy of the report before the Assembly."

 
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©Parliamentary copyright 2006
26 June 2006