Government of Wales Bill

moved Amendment No. 54:"Page 53, line 16, at end insert—" ““(   )   The Presiding Officer must, on the introduction of an amendment to a proposed Assembly Measure— (a)   decide whether or not, in the view of the Presiding Officer, the amendment if carried would mean that the proposed Assembly Measure or any provision of it would be within the Assembly’s legislative competence, and (b)   state that decision.”” The noble Lord said: My Lords, Clause 95, part of Clause 96, Clause 98 and perhaps Clause 100 deal with the possibility that either a matter or a measure could be referred to the Supreme Court by the Attorney-General or the Counsel General if it appears that it is outside the scope of the Assembly’s legislative competence. Those are sledgehammer powers. Intriguingly, Clause 96(3) says that at an early stage:"““The Presiding Officer must, on or before the introduction of a proposed Assembly measure in the Assembly . . . decide whether . . . the provisions . . . would be within the Assembly’s legislative competence, and . . . state the decision””." I was intrigued by the role of the Presiding Officer—it is important and right that they should have that role—in this case. What would happen? Once that decision has been made, does the measure not proceed? What would happen if amendments to a measure were proposed that would, if they were agreed to, take the measure outside the Assembly’s competence? Who would rule on such amendments? If the Presiding Officer is acting as the first gatekeeper, he should also in this instance decide whether a proposed amendment would or would not, if carried, take the measure outside the Assembly’s competence. Perhaps I should have amended my amendment to include the chair of committees, because some of the amendments may arise in committee stage when the Presiding Officer is not presiding. I notice with interest that, in Scotland, the Presiding Officer decides on the admissibility of amendments. In this case, far better than involving supreme courts and the rest of it, this matter should be dealt with in the terms and procedures of the Assembly itself. Therefore I am attracted to Clause 96(3), subject to finding out what happens once the Presiding Officer has made and stated his decision, in that his power should also apply to amendments that would carry the measure beyond the scope of the Assembly’s competence. I beg to move.