Government of Wales Bill

Amendments Nos. 20 and 21 are an attempt to alter clause 23. They would have the effect of allowing Assembly Members the option of swearing an alternative oath to"““serve the people of Wales””" rather than to"““be faithful and bear true allegiance to Her Majesty””." The wording of the current oath is the constitutional standard that has been established by the Promissory Oaths Act 1868. It is the same oath that is taken by Members of Parliament and Members of the Scottish Parliament. It is the Government’s view that this Bill is not the place to challenge that long-standing convention. Of course, there is a different position in respect of the Northern Ireland Assembly. Despite the comments of the hon. Member for Monmouth (David T.C. Davies), it has been recognised across the House, including by Conservative Front Benchers recently in the debate on allowances for Members from Sinn Fein, that Northern Ireland constitutes a special position. On that occasion, the Conservative party proposed that an oath of allegiance to the Queen should not be required for Members of Sinn Fein if they wish to take their seats in this House. However, the Government’s position is that, in taking seats in the House and in the National Assembly for Wales, albeit acknowledging the special position of the Northern Ireland Assembly, the oath of allegiance should remain. New clause 5 stipulates that the oath should be taken in public. As well as affecting clause 23, it would impact on clause 55, which deals with Ministers—we now have the separation of Ministers, the Assembly Government and the Assembly itself— taking the oath of office. In response to the issue raised by the hon. Member for Montgomeryshire (Lembit Öpik), it is possible for the oath to be taken in public by Members of the National Assembly. In fact, if what I read in the newspapers is anything to go by, it will be extremely difficult for anyone not to take the oath in public in the National Assembly since all the walls are made of glass in the new building, but there is no reason why the oath should not be taken in public. In fact, at the Assembly Committee that considered the Bill on 1 February, there was a discussion of the oath and a similar amendment was moved by the Conservative Member David Melding. He agreed to withdraw that on the basis of the Minister’s promise that the matter would be considered when the Assembly’s Standing Orders were discussed in the near future. Therefore, there is no reason why Assembly Members could not take the oath in public. As I have mentioned, clause 55 is a new clause and is consequential on the establishment of the Welsh Assembly Government. Again, it is in line with provisions for UK and Scottish Ministers. The only change that has been made to the provisions from the Government of Wales Act 1998 is to specify that, under clause 23(2), the person before whom the oath is to be taken is to be specified in Standing Orders, which is properly a matter for the Assembly itself to determine. The approach that has been taken was agreed during the passage of the Government of Wales Bill in 1998 and the Government see no reason to change the decisions that were taken at that time. The ceremony has been in operation for six years in the Assembly, through two Assembly general elections and by-elections, without challenge, but there is the opportunity, during the discussion of the Standing Orders, as I have mentioned, for the Assembly to look at the matter again. I understand that that is what it intends to do. On that basis, I invite the hon. Member for Meirionnydd Nant Conwy (Mr. Llwyd) to withdraw the amendment.