Decision details
Stage 3 of the Public Health (Wales) Bill
Decision Maker: Finance Committee - Fourth Assembly, Business Committee - Fourth Assembly, Constitutional and Legislative Affairs Committee - Fourth Assembly, Health and Social Care Committee - Fourth Assembly, Plenary - Fourth Assembly
Is Key decision?: Yes
Purpose:
A Welsh Government Bill, introduced by Mark Drakeford AM, Minister for Health and Social Services. The Business Committee has remitted the Bill to the Health and Social Care Committee.
Purpose
of the Bill
The
Bill sets out a series of proposals in priority areas of public health policy.
The
Bill includes provision for the following:
Tobacco
and nicotine products
- Restricting the use of nicotine
inhaling devices such as electronic cigarettes in enclosed and
substantially enclosed public and work places, bringing the use of these
devices into line with existing provisions on smoking;
- Creating a national register of
retailers of tobacco and nicotine products;
- Adding to the offences which
contribute to a Restricted Premises Order (RPO). (An RPO prohibits the
sale of tobacco products from a premises);
- Prohibiting the handing over of tobacco or nicotine products to people under the age of 18.
Special
procedures
- Creating a mandatory licensing
scheme for practitioners and businesses carrying out ’special procedures’,
namely acupuncture, body piercing, electrolysis and tattooing;
- Introducing a ban on the intimate piercing of people under 16 years old.
Pharmaceutical
services
- Changing the
way Health Boards make decisions about pharmaceutical services by making
sure these are based on assessments of pharmaceutical need in their areas.
Provision
of toilets
- Requiring local authorities to prepare
local toilets strategies for the provision
of, and access to, toilets for public use, based on the needs of their
communities.
Further detail about the
Bill can be found in its accompanying Explanatory
Memorandum (PDF, 3MB).
Current
Stage
Stage
4 proceedings took place on 16 March 2016. The motion to approve the Bill was
not agreed by the Assembly. This Bill was therefore rejected and will not
become an Act.
Record
of Passage in the National Assembly for Wales
The
following table sets out the dates for each stage of the Bill’s passage through
the National Assembly for Wales.
Stage |
Documents |
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Bill introduced: 8 June 2015 |
Public
Health (Wales) Bill, as introduced (PDF, 316KB) Explanatory
Memorandum (PDF, 3MB) Presiding
Officer’s Statement: 8 June 2015 (PDF, 159KB) Business
Committee’s Report on the timetable for consideration of the Bill: June 2015
(PDF, 64KB) Plenary
statement: Introduction of the Public Health (Wales) Bill: 9 June 2015 Statement
of Policy Intent - 11 June 2015 (PDF, 1MB) Legislative
glossary (Welsh language version only) (PDF 209KB) Correspondence
from the Presiding Officer regarding the legislative competence of the Public
Health (Wales) Bill: 23 June 2015 (PDF, 363 KB) Research
Service Bill Summary (PDF, 344KB) |
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Stage 1: Committee considerations of general
principles |
The
Health and Social Care Committee issued a call for evidence, which closed on
4 September 2015. Survey The
Health and Social Care Committee issued a public survey, which closed on 4
September 2015. A summary
report (PDF, 416KB) of the results is available. The
Health and Social Care Committee gathered the views of those working in the
industry in relation to the provisions in Part 3 (Special procedures). Background
information about participants (PDF, 455KB) is available. Committee dates The Health and Social Care Committee will
consider the Bill on the following dates:
The
Constitutional and Legislative Affairs Committee considered the Bill on
the following date:
The
Finance Committee considered the Bill on the following date:
Committee
reports and Welsh Government responses Health
and Social Care Committee Stage 1 report (PDF, 1MB) Constitutional
and Legislative Affairs Committee Stage 1 report (PDF, 476KB) Finance Committee Stage 1 report (PDF, 504KB) Letter from the Minister of Health and Social Services to the Finance Committee – 8 December 2015 (PDF, 138KB) Response by the Minister for Health and Social Services to the Finance Committee’s Stage 1 report – 26 January 2016 (PDF, 226KB) |
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Stage 1: Debate in Plenary on general principles |
A debate took place in Plenary on 8 December 2015. The motion to agree the general
principles of the Bill was agreed. |
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Financial Resolution |
A Financial Resolution was agreed in Plenary on 8
December 2015. |
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Stage 2: Committee consideration of amendments |
The
Health and Social Care Committee agreed on 14 January 2016, under
Standing Order 26.21, that the order of consideration for Stage 2 proceedings
will be: Sections 2 to 39; Schedule 1; Schedule 2; Sections 40 to 44;
Sections 46 to 77; Schedule 3; Section 45; Sections 78 to 95; Schedule 4;
Sections 96 to 102; Section 1; Long title. Stage 2 consideration took place in Committee on Thursday 28 January and Wednesday 3 February 2016. Public
Health (Wales) Bill (as amended at Stage 2) (PDF, 433KB) (Amendments to the Bill since
the previous version are indicated by sidelining in the right margin.) Explanatory
Memorandum revised after Stage 2 (PDF, 2MB) Public
Health (Wales) Bill – Summary of changes at Stage 2 Printing Changes to the Bill as amended at Stage 2 (PDF, 260KB) Marshalled
list of amendments: 3 February 2016 (PDF, 145KB) Groupings
of amendments: 3 February 2016 (PDF, KB) Marshalled
list of amendments: 28 January 2016 (PDF, 411KB) Groupings
of amendments: 28 January 2016 (PDF, 77KB) Notices
of amendments Notice
of Amendments: 9 December 2015 v4 (PDF, 151KB) Welsh Government - Purpose and Effect table: 9 December 2015 (PDF, 265 KB) Notice
of Amendments: 14 December 2015 v3 (PDF, 67KB) Notice
of Amendments: 15 December 2015 v3 (PDF, 83KB) Notice
of Amendments: 4
January 2016
(PDF, 67KB) Notice
of Amendments: 8
January 2016
(PDF, 84KB) Notice
of Amendments: 11 January 2016 (PDF, 59KB) Notice
of Amendments: 12 January 2016 v2 (PDF, 75KB) Notice
of Amendments: 18 January 2016 (PDF, 69KB) Notice
of Amendments: 19 January 2016 v2 (PDF, 246 KB) Welsh
Government - Purpose and Effect table: 19 January 2016 (PDF, 813KB) Notice
of Amendments: 20 January 2016 v2 (PDF, 76KB) Notice
of Amendments: 21 January 2016 (PDF, 58KB) Combined
Notice of Amendments (PDF, 392KB) |
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Stage 3: Plenary consideration of amendments |
Following
the completion of Stage 2 proceedings, Stage 3 commenced on 4 February 2016. The
National Assembly for Wales agreed on 23 February 2016,
under Standing Order 26.36, that the order of consideration for Stage 3
proceedings will be: Sections 2 – 31; Schedules 1 and 3; Sections 32 – 52;
Schedule 2; Sections 53 – 57; Sections 59 – 96; Schedule 4; Section 58;
Sections 97 – 117; Schedule 5; Sections 118 – 126; Section 1; Long title. Stage
3 proceedings took place on Tuesday 8 March
2016. All sections
and Schedules of the Bill were deemed agreed. Public
Health (Wales) Bill (as amended at Stage 3) (PDF, 951KB) (Amendments to
the Bill since the previous version are indicated by sidelining in the right
margin.) Printing Changes to the Bill as amended at Stage 3 (PDF, 49KB) Amendments to be considered
at Stage 3 Marshalled
list of amendments – 8 March 2016 v2 (PDF, 237KB) Groupings
of amendments – 8 March 2016 (PDF, 70KB) Notices
of amendments Notice
of Amendments: 17 February 2016 v2 (PDF, 72KB) Notice
of Amendments: 24 February 2016 (PDF, 83KB) Notice of Amendments: 25 February 2016 v2 (PDF, 83KB) Notice of Amendments: 26 February 2016 v3 (PDF,
191KB) Welsh Government – Purpose and Effect Table: 26 February 2016 v2 (PDF, 342KB) Notice of Amendments: 29 February 2016 (PDF, 64KB) Combined
Notice of Amendments (PDF, 235KB) |
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Stage 4: Passing of the Bill in Plenary |
Stage
4 took place on 16
March 2016. As
the vote on the Motion to approve the Public Health (Wales) Bill was tied,
the Presiding Officer used her casting vote in the negative (in accordance
with SO 6.20(ii)). Therefore the Motion was not agreed, and the Bill was
rejected by the Assembly. |
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Contact
information
Clerk:
Catherine Hunt
Phone:
0300 200 6565
Postal
address:
National
Assembly for Wales
Cardiff
Bay
Cardiff CF99 1NA
Email: SeneddHealth@Assembly.Wales
Decision:
The item started at 16.11
The amendments will be disposed of in the order that the sections and
schedules to which they relate were set out in the motion under Standing Order
26.36 as agreed by the Assembly on 23 February 2016.
A vote was taken on
amendment 3:
For |
Abstain |
Against |
Total |
24 |
1 |
31 |
56 |
Amendment 3 was not
agreed.
A vote was taken on
amendment 4:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 4 was not
agreed.
Amendment 56 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 5:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 5 was not
agreed.
Amendment 57 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 6:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 6 was not
agreed.
A vote was taken on
amendment 58:
For |
Abstain |
Against |
Total |
36 |
0 |
20 |
56 |
Amendment 58 was
agreed.
A vote was taken on
amendment 59:
For |
Abstain |
Against |
Total |
35 |
1 |
20 |
56 |
Amendment 59 was
agreed.
Amendment 60 was
agreed, in accordance with Standing Order 12.36
Amendment 61 was
agreed, in accordance with Standing Order 12.36
Amendment 62 was
agreed, in accordance with Standing Order 12.36
Amendment 63 was agreed,
in accordance with Standing Order 12.36
Amendment 64 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 7:
For |
Abstain |
Against |
Total |
24 |
0 |
32 |
56 |
Amendment 7 was not
agreed.
A vote was taken on
amendment 65:
For |
Abstain |
Against |
Total |
38 |
0 |
18 |
56 |
Amendment 65 was
agreed.
A vote was taken on amendment 66:
For |
Abstain |
Against |
Total |
37 |
0 |
19 |
56 |
Amendment 66 was
agreed.
A vote was taken on
amendment 8:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 8 was not
agreed.
A vote was taken on
amendment 67:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 67 was
agreed.
A vote was taken on amendment 9:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 9 was not
agreed.
A vote was taken on
amendment 10:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 10 was
not agreed.
A vote was taken on
amendment 11:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 11 was
not agreed.
Amendments
12 - 18 were voted for en bloc:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendments 12 - 18
were not agreed.
A vote was taken on amendment 19:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 19 was
not agreed.
A vote was taken on
amendment 20:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 20 was
not agreed.
A vote was taken on
amendment 21:
For |
Abstain |
Against |
Total |
24 |
0 |
32 |
56 |
Amendment 21 was
not agreed.
Amendment 27 was
agreed, in accordance with Standing Order 12.36
Amendment 68 was agreed,
in accordance with Standing Order 12.36
Amendment 69 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 22:
For |
Abstain |
Against |
Total |
23 |
0 |
31 |
54 |
Amendment 22 was
not agreed.
Amendment 70 was agreed,
in accordance with Standing Order 12.36
Amendment 71 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 23:
For |
Abstain |
Against |
Total |
24 |
0 |
31 |
55 |
Amendment 23 was
not agreed.
Amendment 72 was agreed, in accordance with Standing Order 12.36
Amendment 73 was
agreed, in accordance with Standing Order 12.36
Amendment 74 was
agreed, in accordance with Standing Order 12.36
Amendment 75 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 24:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 24 was
not agreed.
Amendment 76 was agreed, in accordance with Standing Order 12.36
Amendment 77 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 25:
For |
Abstain |
Against |
Total |
25 |
0 |
31 |
56 |
Amendment 25 was
not agreed.
A vote was taken on amendment 99:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 99 was
agreed.
Amendment 100 was agreed,
in accordance with Standing Order 12.36
A vote was taken on
amendment 101:
For |
Abstain |
Against |
Total |
50 |
0 |
5 |
55 |
Amendment 101 was
agreed.
A vote was taken on
amendment 102:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 102 was
agreed.
A vote was taken on amendment 103:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 103 was
agreed.
A vote was taken on
amendment 104:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 104 was
agreed.
A vote was taken on amendment 105:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 105 was
agreed.
A vote was taken on
amendment 106:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 106 was
agreed.
Amendment 107 was agreed, in accordance with Standing Order 12.36
Amendment 108 was agreed,
in accordance with Standing Order 12.36
A vote was taken on
amendment 109:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 109 was
agreed.
Amendment 110 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 111:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 111 was
agreed.
Amendment 112 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 113:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 113 was
agreed.
Amendment 114 was agreed,
in accordance with Standing Order 12.36
A vote was taken on
amendment 115:
For |
Abstain |
Against |
Total |
38 |
0 |
18 |
56 |
Amendment 115 was
agreed.
A vote was taken on
amendment 116:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 116 was
agreed.
A vote was taken on
amendment 117:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 117 was
agreed.
Amendment 118 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 119:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 119 was
agreed.
Amendment 120 was agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 121:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 121 was
agreed.
A vote was taken on
amendment 122:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 122 was
agreed.
A vote was taken on
amendment 123:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 123 was
agreed.
A vote was taken on
amendment 124:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 124 was
agreed.
Amendment 125 was
agreed, in accordance with Standing Order 12.36
Amendment 127 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 126:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 126 was
agreed.
Amendment 128 was agreed,
in accordance with Standing Order 12.36
A vote was taken on
amendment 129:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 129 was
agreed.
A vote was taken on
amendment 130:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 130 was
agreed.
Amendment 131 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 132:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 132 was
agreed.
A vote was taken on
amendment 133:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 133 was
agreed.
Amendment 134 was agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 135:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 135 was
agreed.
A vote was taken on
amendment 136:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 136 was
agreed.
A vote was taken on
amendment 137:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 137 was
agreed.
Amendment 138 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 139:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 139 was
agreed.
Amendment 140 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 141:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 141 was
agreed.
A vote was taken on
amendment 142:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 142 was
agreed.
A vote was taken on
amendment 143:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 143 was
agreed.
A vote was taken on
amendment 144:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 144 was
agreed.
A vote was taken on
amendment 145:
For |
Abstain |
Against |
Total |
31 |
0 |
25 |
56 |
Amendment 145 was
agreed.
Amendment 146 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 147:
For |
Abstain |
Against |
Total |
39 |
0 |
17 |
56 |
Amendment 147 was
agreed.
At 18.06, proceedings were
suspended for 15 minutes. The bell was rung 5 minutes before reconvening for
Stage 3 of the Public Health (Wales) Bill.
Amendment 78 was agreed,
in accordance with Standing Order 12.36
Amendment 79 was
agreed, in accordance with Standing Order 12.36
Amendment 80 was
agreed, in accordance with Standing Order 12.36
Amendment 81 was
agreed, in accordance with Standing Order 12.36
Amendment 82 was
agreed, in accordance with Standing Order 12.36
Amendment 83 was
agreed, in accordance with Standing Order 12.36
Amendment 84 was
agreed, in accordance with Standing Order 12.36
Amendment 85 was
agreed, in accordance with Standing Order 12.36
Amendment 86 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 28:
For |
Abstain |
Against |
Total |
17 |
0 |
39 |
56 |
Amendment 28 was
not agreed.
A vote was taken on
amendment 29:
For |
Abstain |
Against |
Total |
17 |
0 |
39 |
56 |
Amendment 29 was not
agreed.
A vote was taken on
amendment 30:
For |
Abstain |
Against |
Total |
17 |
0 |
39 |
56 |
Amendment 30 was
not agreed.
A vote was taken on
amendment 31:
For |
Abstain |
Against |
Total |
12 |
0 |
44 |
56 |
Amendment 31 was
not agreed.
A vote was taken on
amendment 32:
For |
Abstain |
Against |
Total |
17 |
0 |
39 |
56 |
Amendment 32 was
not agreed.
A vote was taken on
amendment 33:
For |
Abstain |
Against |
Total |
12 |
0 |
43 |
55 |
Amendment 33 was
not agreed.
A vote was taken on
amendment 34:
For |
Abstain |
Against |
Total |
12 |
0 |
43 |
55 |
Amendment 34 was
not agreed.
Amendment 35 was
not moved.
Amendment 36 was
not moved.
Amendment 37 was
not moved.
Amendment 38 was
not moved.
Amendment 39 was
not moved.
Amendment 87 was
agreed, in accordance with Standing Order 12.36
Amendment 88 was
agreed, in accordance with Standing Order 12.36
Amendment 40 was
agreed, in accordance with Standing Order 12.36
Amendment 89 was
agreed, in accordance with Standing Order 12.36
Amendment 41 was
agreed, in accordance with Standing Order 12.36
Amendment 42 was
agreed, in accordance with Standing Order 12.36
Amendment 43 was
agreed, in accordance with Standing Order 12.36
Amendment 44 was
agreed, in accordance with Standing Order 12.36
Amendment 90 was
agreed, in accordance with Standing Order 12.36
Amendment 91 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 45:
For |
Abstain |
Against |
Total |
24 |
0 |
31 |
55 |
Amendment 45 was
not agreed.
A vote was taken on
amendment 46:
For |
Abstain |
Against |
Total |
23 |
0 |
32 |
55 |
Amendment 46 was
not agreed.
A vote was taken on
amendment 47:
For |
Abstain |
Against |
Total |
24 |
0 |
30 |
54 |
Amendment 47 was
not agreed.
A vote was taken on
amendment 149:
For |
Abstain |
Against |
Total |
24 |
0 |
30 |
54 |
Amendment 149 was
not agreed.
A vote was taken on
amendment 49:
For |
Abstain |
Against |
Total |
24 |
0 |
31 |
55 |
Amendment 49 was
not agreed.
Amendment 92 was
agreed, in accordance with Standing Order 12.36
Amendment 93 was
agreed, in accordance with Standing Order 12.36
Amendment 94 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 26:
For |
Abstain |
Against |
Total |
25 |
0 |
30 |
55 |
Amendment 26 was
not agreed.
A vote was taken on
amendment 95:
For |
Abstain |
Against |
Total |
37 |
0 |
18 |
55 |
Amendment 95 was
agreed.
Amendment 96 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 97:
For |
Abstain |
Against |
Total |
37 |
0 |
18 |
55 |
Amendment 97 was
agreed.
Amendment 98 was
agreed, in accordance with Standing Order 12.36
Amendment 148 was agreed,
in accordance with Standing Order 12.36
Amendment 51 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 2:
For |
Abstain |
Against |
Total |
25 |
0 |
30 |
55 |
Amendment 2 was not
agreed.
A vote was taken on
amendment 52:
For |
Abstain |
Against |
Total |
38 |
0 |
17 |
55 |
Amendment 52 was
agreed.
A vote was taken on
amendment 53:
For |
Abstain |
Against |
Total |
38 |
0 |
17 |
55 |
Amendment 53 was
agreed.
A vote was taken on
amendment 54:
For |
Abstain |
Against |
Total |
38 |
0 |
17 |
55 |
Amendment 54 was
agreed.
Amendment 55 was
agreed, in accordance with Standing Order 12.36
A vote was taken on
amendment 1:
For |
Abstain |
Against |
Total |
25 |
0 |
30 |
55 |
Amendment 1 was not
agreed.
Amendment 50 was
agreed, in accordance with Standing Order 12.36
All sections and schedules of the Bill were
deemed agreed, concluding Stage 3 proceedings.
Publication date: 08/03/2016
Date of decision: 08/03/2016
Decided at meeting: 08/03/2016 - Plenary - Fourth Assembly