Group 2: Duty to Report on Welsh Ministers’ Consents (Sections 14 and 15) (Amendment 3)

– in the Senedd at 5:56 pm on 21 March 2018.

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Photo of Elin Jones Elin Jones Plaid Cymru 5:56, 21 March 2018

(Translated)

The next group of amendments is the group relating to the duty to report on Welsh Ministers' consents—sections 14 and 15. Amendment 3 is the lead and only amendment in this group. I call on the leader of the house to move and speak to the amendment—Julie James.

(Translated)

Amendment 3 (Julie James) moved.

Photo of Julie James Julie James Labour 5:57, 21 March 2018

Diolch, Llywydd. During Stage 2, Simon Thomas brought forward an amendment requiring the Welsh Ministers to report on the exercise of their functions under section 14(1) and section 15(1), that is, the provision of consent to the making, approving or confirming of subordinate legislation by Ministers of the Crown or others. Although I was not able to support the precise detail of that proposed amendment, during the course of the debate I made it clear that I agreed with the principle behind it and offered to work with him to prepare an amendment for Stage 3 that would be acceptable to both of us.

The main concern with the proposed Stage 2 amendment was that its requirement to report to the Assembly within two weeks on each occasion that a consent was granted would be unduly burdensome given the large number of consents that are likely to be granted in the context of the EU withdrawal Bill. As a result, amendment 3 has been developed in conjunction with Simon Thomas so that the requirement to report is made within a period of 60 days, discounting any time during which the Assembly is dissolved or in recess for more than four days. This does not necessarily mean that an individual report is required for each consent given. It will be possible to include details of multiple concerns within a single report, provided that details of any consents are provided within 60 days of the consent being given. This approach would guarantee the detailed accountability that the original amendment sought to provide, but in a way that is more proportionate and less burdensome. I therefore commend the amendment to Members.

Photo of Mr Simon Thomas Mr Simon Thomas Plaid Cymru 5:58, 21 March 2018

(Translated)

Thank you, Llywydd. On this issue we have reached agreement, and therefore I'm pleased to see the amendment tabled by the Government. As Julie James has outlined, our main concern yesterday was to ensure that there was regular reporting back to the Assembly, but that should happen in a way that was reasonable for the Government and in a way that made sense for Assembly Members too. So, the fact that the reporting happens perhaps including a number of events is acceptable to us, because there is a sense where you see the whole picture emerging. So, following discussions with the Government, and in light of what Julie James has said, we are pleased to see this amendment and we will be supporting it.

Photo of Elin Jones Elin Jones Plaid Cymru 5:59, 21 March 2018

(Translated)

Leader of the house to reply to the debate.

Photo of Julie James Julie James Labour

Thank you. Just to thank Simon Thomas for his support with amendment 3 and his contribution to its development, and to ask Members to support the amendment.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 3 be agreed to. Does any Member object? [Objection.] We'll proceed to an electronic vote. Open the vote. Close the vote. In favour 51, one abstention, one against. Therefore, amendment 3 is agreed.

(Translated)

Amendment 3: For: 51, Against: 1, Abstain: 1

Amendment has been agreed

Division number 698 Amendment 3

Aye: 51 MSs

No: 1 MS

Aye: A-Z by last name

No: A-Z by last name

Abstained: 1 MS

Abstained: A-Z by last name