Group 3: Effect of provisions in Part 2 of the Bill (Amendments 3, 4, 8, 9)

Part of the debate – in the Senedd at 6:06 pm on 25 June 2019.

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Photo of Jeremy Miles Jeremy Miles Labour 6:06, 25 June 2019

Diolch yn fawr, Dirprwy Lywydd. The amendments in this group make technical drafting improvements to what we have called the 'contrary intention provisions' in Part 2 of the Bill. Those are the provisions that ensure that it is possible for individual pieces of legislation to depart from the general interpretation rules in Part 2 where appropriate. They reflect the fact that Part 2 is intended to provide a set of default interpretation provisions, but not to constrain our legislation.

As I said during the Stage 2 proceedings before the committee, we are always looking for ways to improve the drafting of Bills, even after they have been introduced in the Assembly. These amendments result from that process and will mean that the Bill deals with the contrary intention issue more simply and consistently. They do not change the legal effect of the Bill.

The amendments affect sections 10, 27 and 32 of the Bill. Each of those sections sets out a default rule of interpretation, but says that the rule can be overridden by express provision to the contrary. The combined effect of the amendments in this group is to replace the separate contrary intention provisions in sections 10, 27 and 32 with one general provision in section 4.

The amendments also mean that the Bill deals with the issue of contrary intention more consistently. Sections 10, 27 and 32 each deal with the issue slightly differently at the moment, reflecting differences in the existing provisions on which they are based. But, on further consideration, we do not think the differences need to be maintained.

In particular, sections 27 and 32 only mention the possibility that an express provision to the contrary might be found in the particular Assembly Act or subordinate instrument that is being interpreted. However, it is possible that there might be express provision to the contrary in another piece of legislation, such as the Act under which a Welsh subordinate instrument is made. It is already the case that any limits set by the parent Act would take precedence over the default rules in Part 2 of the Bill, but the amendments ensure that sections 27 and 32 cannot be read as suggesting otherwise.

The amendments should also reduce the scope for any misunderstanding about whether sections 27 and 32 might be seen to affect the ability of the UK Parliament to legislate for Wales. Members will know that the then Solicitor General wrote to me during Stage 2, objecting to the fact that Part 2 of the Bill applies to subordinate legislation made in Wales using powers conferred by Acts of the UK Parliament. Nothing in the Solicitor General’s letter has changed my view that the Bill is within the Assembly's legislative competence, and I will be responding in detail very shortly. But the letter does suggest that the UK Government may have formed a mistaken impression that Part 2 has an effect on Acts passed at Westminster. To be clear, it does not. And I hope these amendments help to avoid any further misunderstanding about that.

As I have said, these amendments are intended to improve the simplicity, accuracy and consistency of certain provisions in Part 2 of the Bill. They therefore reflect the Bill’s overall aims of improving clarity and accessibility in Welsh law, and I hope Members will support them.