Group 4: Regulation-making powers in the Bill (Amendment 9)

– in the Senedd at 6:36 pm on 21 January 2020.

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Photo of Elin Jones Elin Jones Plaid Cymru 6:36, 21 January 2020

(Translated)

The next group of amendments is group 4, and the amendments relate to regulation-making powers in the Bill. Amendment 9 is the lead amendment and only amendment in this group. I call on Janet Finch-Saunders to move amendment 9—Janet Finch-Saunders.

(Translated)

Amendment 9 (Janet Finch-Saunders) moved.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 6:36, 21 January 2020

Diolch, Llywydd. I speak to amendment 9, which my colleague Suzy Davies AM also tabled at Stage 2. This amends section 4 on regulation-making powers for Welsh Ministers. As Suzy noted in Stage 2, what is now section 4 is not a separate commencement power to section 1, and it is likely you will need regulatory powers to introduce the reports into the Bill's effectiveness as well as the awareness campaign. As it is drafted, section 4 may not give enough powers to the Deputy Minister during the course of the Bill to achieve her aims. As such, this amendment ensures the ability for the Assembly to bring anything the Deputy Minister wishes to introduce under section 1 of the Bill onto the floor of this Parliament.

In her responses at Stage 2, the Deputy Minister noted that CLAC concluded there should be no Assembly procedure, and that wider powers were not necessary in her view. While I accept these points, we still aren't clear as to whether the provision she intends to introduce would be better suited to affirmative or negative procedures.

Finally, the Deputy Minister confirmed that she would be keeping the powers under review coming up to Stage 3. Therefore, I would be grateful if she would update Members today on her thoughts about the implications of limited powers, especially if there are links between this Bill and other legislation that may require a wider power.

Photo of Helen Mary Jones Helen Mary Jones Plaid Cymru 6:38, 21 January 2020

It is of course the default position of these benches that we always want to be keeping an eye on whatever the Government is doing. From that point of view, I have some sympathy with what Janet Finch-Saunders is attempting to achieve with this amendment, but in this case it seems unnecessary. This is a simple repeal, this is not a complex piece of legislation, and if the Deputy Minister is content that this is unnecessary, then we are content to support her and not to support the amendment.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The Deputy Minister, Julie Morgan.

Photo of Julie Morgan Julie Morgan Labour

Thank you. The amendment is technical in nature and the Constitutional and Legislative Affairs Committee were content that, in this case, no procedure was the appropriate procedure. The absence of an Assembly procedure does not mean that Ministers' decisions in relation to transitional powers cannot be scrutinised by Members. Any concerns about the Welsh Ministers' proposals could be put to me in the Senedd. This was a point made to the Constitutional and Legislative Affairs Committee and, as I say, their final conclusion was: no procedure is the appropriate procedure for such a power.

Introducing the possibility of annulment sends mixed messages to our key stakeholders when certainty has been given on the face of the Bill as to when the change in the law will commence. For this reason, I encourage Members to reject amendment 9 from Janet Finch Saunders, which goes against the Stage 1 report from the Constitutional and Legislative Affairs Committee.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 9 be agreed. Does any Member object? [Objection.] Open the vote therefore on amendment 9. Close the vote. In favour 15, no abstentions, 38 against. Therefore, amendment 9 is not agreed. 

(Translated)

Amendment 9: For: 15, Against: 38, Abstain: 0

Amendment has been rejected

Division number 1920 Amendment 9

Aye: 15 MSs

No: 38 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 7 MSs

Absent: A-Z by last name

Photo of Elin Jones Elin Jones Plaid Cymru 6:40, 21 January 2020

(Translated)

Janet Finch-Saunders, amendment 11.

Photo of Elin Jones Elin Jones Plaid Cymru

Do you move amendment 11?

(Translated)

Amendment 11 (Janet Finch-Saunders) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 11 be agreed. Does any Member object? Amendment 11 is therefore agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.