Government of Wales Bill

moved Amendment No. 27:"Page 28, line 13, after ““Her Majesty”” insert ““from among the members of the Assembly””" The noble Lord said: My Lords, Amendment No. 27 raises a very interesting anomaly with which we have to contend. The amendment clarifies that the First Minister must be an Assembly Member. It appears that there is a crucial omission in the Bill which means that it is possible for someone who is not an Assembly Member to be selected as First Minister. I cannot imagine that happening; none the less, it is a possibility. As Clauses 46 and 47 stand, it would be possible to nominate someone as First Minister who is not a Member of the Assembly, provided he or she became a Member within 28 days. By contrast, ordinary Ministers must be Assembly Members. That is quite clear. In addition, the parallel provision in the Scotland Act 1998 requires that the First Minister already be a Member of the Scottish Parliament. This amendment ensures that only sitting AMs can become First Minister. Looking at the clause, it is possible to see how that anomaly could come about. We are anxious to know whether the First Minister is to be appointed by Her Majesty after nomination in accordance with Clause 47, as the Bill says in Clause 46 at the moment, or whether it would be very sensible to ensure that he or she is an Assembly Member. I beg to move.