Motion to amend Schedule 1 of the National Assembly for Wales (Remuneration) Measure 2010

Background note for Assembly Members

“To propose that the National Assembly for Wales, in accordance with section 5(1) of the National Assembly for Wales (Remuneration) Measure 2010:

Resolves that Schedule 1 to the National Assembly for Wales (Remuneration) Measure 2010 be amended so that the following offices or descriptions of persons are no longer disqualified from membership of the National Assembly for Wales Remuneration Board:

a) Member of the House of Lords;

b) A person who was a member of either of the panels appointed by the Assembly Commission to review the pay and allowances of Assembly Members in pursuance of the Assembly Commission’s resolutions of 4 July 2007 and 8 May 2008.”

The Measure establishes the independent Remuneration Board which is responsible for setting Assembly Members’ remuneration and allowances. 

There is a vacancy in the membership of the Remuneration Board following the resignation of the former chair, Sir George Reid. 

Schedule 1 to the Measure makes provision for the appointment of members to the Remuneration Board and sets out eligibility criteria. The list of those disqualified currently includes members of the Assembly, the Scottish Parliament, the Northern Ireland Assembly, the European Parliament and the Houses of Commons and Lords. Persons who were members of either of the panels appointed by the Assembly Commission to review the pay and allowances of Assembly Members in pursuance of the Assembly Commission's resolutions of 4 July 2007 and 8 May 2008 are also disqualified.

These disqualifications have been a significant obstacle in identifying eligible candidates who have the right mix of experience and personal skills.

The Measure makes provision for alterations to be made to the Schedule listing those disqualified from membership of the Board. If the Assembly resolves to make changes to the Schedule, then the Counsel General is required by the Measure to make an Order to do so. The Order must change the Schedule in the way the Assembly has resolved, and only in that way; in other words, the Counsel General does not have the discretion to make other changes to the disqualification provisions.

In this motion, the Assembly Commission proposes that Schedule 1 to the Measure be amended to widen the field of candidates with appropriate experience; most notably, by removing the bar on members of the House of Lords sitting on the Board.  

In accordance with Schedule 2 of the Measure the Clerk of the Assembly must make arrangements for the recruitment and appointment of members of the Remuneration Board. In that process, she will make clear that it is open to serving Members of the European Parliament, the House of Commons and the other devolved legislatures to apply, but that, if they are successful, their appointment to the Board will be conditional upon them having left the relevant legislature. It will of course also be open to persons who have not been members of any UK legislature, or the European Parliament, to apply.

The motion does not propose to remove the bar on Assembly Members being appointed to the Remuneration Board. 

March 2014