National Assembly for Wales: The legislation process

Context

A very brief history… 1999 – First Assembly sits. 2006 –Government of Wales Act 2006 2011 – Referendum on further law making powers. 2014- Wales Act 2014

Different types of legislation Primary legislation Acts Green Papers/White Papers/Draft Bills Public Bills Welsh Government; Assembly Commission; Assembly Committees; Assembly Members. Private Bills Hybrid Bills Emergency Bills Secondary legislation Directions Guidance and circulars Regulations Orders Rules

Unnumbered subsection Structure of a Bill Short title Bill status Long title Words of enactment Part heading Part title Chapter heading Chapter title Section heading Unnumbered subsection Line numbering Paragraph

Overview

Scrutinising Bills Possible pre-legislative scrutiny. Introduction STAGE 1: Consideration of general principles (committee and plenary) STAGE 2: Amendments (committee) STAGE 3: Amendments (plenary) Optional amendment stages: Amendments (plenary) STAGE 4: Vote in plenary (all AMs) to pass / reject the proposed Bill If passed, Bills will be submitted to HM Queen for Royal Assent.

Stage 1: Consideration of general principles

Formal meeting of Communities, Equality and Local Government Committee

Stage 1- plenary Stage Opportunities for scrutiny Stage 1: debate A debate and vote on the general principles of the Bill in Plenary. Opportunity to debate the Bill, ask questions of the Member in charge, and seek commitments. Opportunity to vote on whether the Bill should proceed to the next stage. If the Assembly does not agree the motion, the Bill falls. Financial resolution A debate and vote on whether the Assembly should agree a financial resolution for the Bill. Opportunity to debate the financial implications of the Bill. Opportunity to vote on whether the Assembly should agree a financial resolution for the Bill.

Stage 2: Amendments in Committee

Stage 2 Stage Opportunities for scrutiny Stage 2: tabling period Members can table amendments to the Bill. Members can seek to table amendments to change the text of the Bill, for example to achieve their policy intentions, to strengthen existing provisions, or to add or remove provisions. Members can add their name in support of other Members’ amendments, or table amendments to amendments Stage 2: proceedings Debate and disposal of tabled amendments in Committee. Opportunity to debate all amendments tabled to the Bill, and to vote on whether or not they should be agreed.

What is an amendment? What is an amendment? “An amendment to a Bill may only propose one change to the text of the Bill; an amendment to an amendment may only propose one change to the text of that amendment.” [Presiding Officer’s Determination on Proper Form – Amendments to a Public Bill] Types of change: the leaving out of text and the insertion of different text in its place; the leaving out of text (NB can include leaving out a whole section); the insertion of text (NB can include inserting a new section).

Amendments to insert text In context: Amendment instruction: Section 40, page 25, after line 33, insert— ‘(d) section 7 of the 2014 Act (other overarching duties: UN Principles and Conventions.’.

Amendments to leave out text In context: Amendment instruction: Section 3, page 3, line 4, leave out ‘physical tasks and’.

Amendments to leave out and insert text In context: Amendment instruction: Section 26, page 17, line 3, leave out ‘may’ and insert ‘must’.

Stage 3: Amendments in Plenary

Stages of primary legislative scrutiny Opportunities for scrutiny Stage 3: tabling period Members can table amendments to the Bill. Members can seek to table amendments to change the text of the Bill, for example to achieve their policy intentions, to strengthen existing provisions, or to add or remove provisions. Members can add their name in support of other Members’ amendments, or table amendments to amendments Stage 3: proceedings Debate and disposal of tabled amendments in Plenary. Opportunity to debate all selected amendments to the Bill, and to vote on whether or not they should be agreed.

Optional additional amendment stages &

Stages of primary legislative scrutiny Opportunities for scrutiny Additional amending stages: The Assembly can resolve to consider the Bill at additional, optional amending stages. Members can seek to table amendments to change the text of the Bill, for example to achieve their policy intentions, to strengthen existing provisions, or to add or remove provisions from the Bill. Stage 4: A debate and vote on whether the Assembly should pass the Bill. Opportunity to debate the Bill, and vote on whether it should be passed by the Assembly and become law. If the motion is not agreed by the Assembly, the Bill falls.

Following Stage 4…

Stages of primary legislative scrutiny Opportunities for scrutiny Period of Intimation: A four-week period after the Assembly has passed the Bill. Counsel General or Attorney General may refer the question whether the Bill, or any provision of the Bill, is within the Assembly’s legislative competence to the Supreme Court for decision, and the Secretary of State for Wales may make an order prohibiting the Bill from being sent for Royal Assent. Royal Assent: Signing of Letters Patent by the Monarch to indicate formal agreement. Application of the Welsh Seal by the First Minister. Commencement: - The provisions in the Act come into force as provided in the legislation

I’m done. Questions?