Group 15: Commencement (Amendment 36)

– in the Senedd at 7:30 pm on 5 December 2018.

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Photo of Elin Jones Elin Jones Plaid Cymru 7:30, 5 December 2018

(Translated)

The next group is group 15, which is the final group, and these amendments relate to commencement. The lead and only amendment in this group is amendment 36, and I call on Janet Finch-Saunders to move the amendment and to speak to it. Janet Finch-Saunders.

(Translated)

Amendment 36 (Janet Finch-Saunders) moved.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 7:30, 5 December 2018

Diolch, Llywydd. Amendment 36 has been retabled on a matter of principle. At Stage 2, my colleague Suzy Davies AM was very clear to the Minister that there should be a power for the Assembly to halt the actions of the Welsh Government momentarily if we believe that it has acted outside of its powers. Section 12(3)(b) of the Bill allows the Welsh Government to make a number of provisions in connection with the Bill's coming into force, and this amendment gives the Assembly that very same opportunity—for the Welsh Government to explain their actions if questions are asked. Thank you.

Photo of Suzy Davies Suzy Davies Conservative 7:31, 5 December 2018

We're at the end of the debate here, so I'm not going to keep you long. But this is a perfect time to welcome back old friends, isn't it? Amendment 42 is one of those old friends. It's about commencement Orders. We routinely bring this [Interruption.] Yes, we do, and for good reason, Cabinet Secretary, because this is something the Government needs to pay attention to, because it can often forget that this Assembly is the legislature, not them, and if we want the opportunity to scrutinise any Welsh Government actions undertaken by virtue of statute, then we can. If we think that Welsh Ministers may have overstepped the mark—I'm not saying they will have, but if we think they may have—perhaps ultra vires, then we should be able to, as Janet said, halt their actions momentarily just for us to check. That's what this amendment would allow us to do, because the section allows Welsh Government to make a range of provisions in connection with the Bill's coming into force—transitory, transitional or saving provisions; I could sing along if it's easier. These are pretty standard wordings. [Interruption.] No, I'm not Peter Lilley.

I accept that this is standard wording, but they could actually mean anything, couldn't they? So, in Stage 2, the Minister said that the making of commencement Orders is not normally subject to any procedure and that the Welsh Government's position has always been clear that commencement Orders do not need to be subject to any procedure. Well, they're not normally attached to this because Welsh Government keeps knocking us back with the help of the backbenches. But, actually, it's not the Government's view that's important here; it's actually the legislature's view—a point that we do make repeatedly and is pushed back by Government in a way that I now think is probably inappropriate. 

So, if the Government's going to keep stopping us introducing this one, I think it's time for me to ask Labour backbenchers to do something quite radical here. It's been a week when parliaments have been asserting themselves against governments, so why not take this opportunity to take a tiny stand and join a tiny revolution by supporting this amendment and effecting this tiny defeat on Welsh Government, which just, as a serious point, is reinforcing the role of this Welsh Parliament vis-à-vis Welsh Government. Thank you.

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour

Diolch, Llywydd. Can I urge colleagues on these benches and across them, 'Let's keep those rebellions happening in Westminster and not here'? [Interruption.] Even though it's late in the day.

And can I just thank, with this final amendment, those who have moved amendments and applied good scrutiny to this stage of the Bill? This issue, indeed, did come up during Stages 1 and 2. In fact, it was this exact amendment, so my response may be entirely foreseeable. The making of commencement Orders is not normally subject to any procedure as they bring into force matters that the National Assembly has already approved. The Welsh Government's position on this issue has already been clarified. I see no reason, therefore, to deviate from the current convention in relation to commencement Orders. 

Photo of Suzy Davies Suzy Davies Conservative 7:34, 5 December 2018

Thank you very much, Minister—I appreciate your kindness on this one. Yes, it is about an Order that's bringing forward something the Assembly's agreed, but we need to make sure you're doing it properly, and that's the tiny little bit of extra scrutiny that we were asking for here. I'm almost sure that, in 100 per cent of occasions, there will be no problems, but you never know, and that is what we as parliamentarians need to keep an eye on.

Photo of Huw Irranca-Davies Huw Irranca-Davies Labour

Thank you, Suzy. I think we have now jointly exhausted the forbearance of all our colleagues. I shall not be supporting this amendment.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

Janet Finch-Saunders to respond.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 7:35, 5 December 2018

It's time for my final speech now. We'll move to the vote, but, before I do so, I'd like to thank you, Llywydd, and the Minister, and all colleagues for your patience and graciousness during our amendments. We've tabled these with the best of intentions because we firmly believe that we want our children across Wales to be able to access this offer and, more importantly, we want to see our parents being able to get back into work, to get back into education and to get back into training. So, we have done our best to scrutinise this, and I'd like to obviously thank my colleague Suzy Davies for her work on this also. Diolch yn fawr.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 36 be agreed. Does any Member object? [Objection.] We'll move to a vote, therefore. Open the vote. Close the vote. In favour 18, no abstentions, 25 against. Amendment 36 is not agreed. 

(Translated)

Amendment 36: For: 18, Against: 25, Abstain: 0

Amendment has been rejected

Division number 1119 Amendment 36

Aye: 18 MSs

No: 25 MSs

Aye: A-Z by last name

Absent: 16 MSs

Absent: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 7:36, 5 December 2018

(Translated)

The final amendment is amendment 5. Siân Gwenllian.

(Translated)

Amendment 5 (Siân Gwenllian) moved.

Photo of Siân Gwenllian Siân Gwenllian Plaid Cymru 7:36, 5 December 2018

(Translated)

It's a pleasure to formally move this amendment.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 5 be agreed. Does any Member object? [Objection.] We'll move to a vote on this amendment. Open the vote. Close the vote. In favour 17, no abstentions, 25 against. Therefore, amendment 5 is not agreed.

(Translated)

Amendment 5: For: 17, Against: 25, Abstain: 0

Amendment has been rejected

Division number 1120 Amendment 5

Aye: 17 MSs

No: 25 MSs

Aye: A-Z by last name

Absent: 17 MSs

Absent: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 7:36, 5 December 2018

(Translated)

We have reached the end of our Stage 3 consideration of the Childcare Funding (Wales) Bill. I declare that all sections of the Bill are deemed agreed. That brings today's proceedings to a close.

(Translated)

All sections of the Bill deemed agreed.

(Translated)

The meeting ended at 19:36.