Government of Wales Bill

With this it will be convenient to discuss the following: Amendment No. 154, in page 51, line 28, after 'approved', insert '(i)'. Amendment No. 155, in page 51, line 29, at end insert 'or (ii) has been laid before each House of Parliament and has been approved by a resolution of the House of Commons, but has been rejected by the House of Lords. (5A) If subsection (5)(b)(ii) applies, the Order in Council shall not take affect until one year has elapsed since the date on which the House of Commons came to the resolution.'. Amendment No. 27, in page 51, line 29, at end insert— '(5A) In the event of approval of a draft statutory instrument by the Assembly, as specified in subsection (5)(a), but there not being within 60 days of that approval, an approval by a resolution of each House of Parliament as specified in subsection (5)(b), subsection (5) shall cease to have effect in the case of that draft statutory instrument, and the procedure specified in subsection (5B) will then apply to that draft statutory instrument. (5B) The procedure which will apply in cases specified in subsection (5A) will be that no recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council— (a) has been laid before, and approved by a resolution of, the Assembly, and (b) the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.'. Amendment No. 187, in page 51, line 29, at end insert— '(5A) Any draft of an Order in Council laid before Parliament under this section must be accompanied by— (a) a detailed memorandum setting out the scope of the proposal, its practical effects on Wales and the legislative authority that would pass to the National Assembly, and (b) a draft of the proposed Assembly Measure. (5B) Before an Order in Council is subject to a resolution of both Houses of Parliament, the Secretary of State must make a motion to refer the draft of the Order in Council, along with the draft Assembly Measure, to the Welsh Grand Committee for consideration. (5C) A report of the debate in the Welsh Grand Committee on the draft Order in Council and Assembly Measure must have been available to both Houses of Parliament for a period of not less than 60 days before any Order in Council is made under this section.'. Amendment No. 211, in page 51, line 29, at end insert— '(5A) But subsection (5) is not satisfied unless the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.'. Amendment No. 212, in page 51, line 29, at end insert— '(5A) But subsection (5) is not satisfied unless, before the draft of the statutory instrument containing the Order in Council has been approved by a resolution of the House of Commons (a) the Welsh Grand Committee has debated the draft, and b) the Welsh Affairs Committee has reported to the effect that it approves the draft.'. Amendment No. 122, in page 51, line 38, leave out 'either'. Amendment No. 123, in page 51, line 39, leave out from 'Parliament' to end of line 1 on page 52. Amendment No. 181, in page 51, line 39, leave out from 'Parliament' to end of line 41. Amendment No. 53, in page 51, line 40, at beginning insert 'if subsection (7A) applies,'. Amendment No. 54, in page 51, line 41, at end insert— '(7A) This subsection applies only if the Secretary of State has reason to believe that the Assembly Measure made under the order— (a) would have an adverse effect no any matter which is not specified in Part 1 of Schedule 5, (b) might have a serious adverse impact on water resources in England, water supply in England or the quality of water in England, (c) would have an adverse impact on the law as it applies in England, or (d) would be incompatible with any international obligation or the interests of defence or national security.'. New clause 4—Refusal to lay draft statutory instrument— 'In the event of approval of a draft statutory instrument by the Assembly, as specified in section 94 (5) (a), followed by a refusal to lay that draft statutory instrument before each House of Parliament, as specified in section 94 (7) (b), the Counsel General or the Assembly may refer to the Supreme Court for decision the question whether the Secretary of State's decision to refuse to lay the draft statutory instrument was made reasonably in the circumstances and intra vires.'.