Decision details
Statement by Mick Antoniw: Introduction of a Member proposed Bill – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill
Decision Maker: Business Committee - Fourth Assembly, Health and Social Care Committee - Fourth Assembly, Plenary - Fourth Assembly
Status: Recommendations approved
Is Key decision?: Yes
Purpose:
An
Assembly Member Bill,
introduced by Mick Antoniw AM. Mick
Antoniw AM was successful in a legislative ballot on 21 March 2012, and given
leave to proceed with his Bill by the Assembly on 16 May 2012. The Business Committee has remitted the Bill
to the Health and Social Care Committee.
About the
Bill
The
key purposes of the Bill, on introduction, were to enable the Welsh Ministers
to recover from a compensator (being a person by or on behalf of whom a
compensation payment is made to or in respect of a victim of asbestos-related
disease), certain costs incurred by the NHS in Wales in providing care and
treatment to the victim of the asbestos-related disease.
Current
Stage
The
Bill fell at the end of the Fourth Assembly as it was not passed before the end
of the Assembly in which it was introduced (Standing Order 26.77).
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 |
|
Bill introduced – 3
December 2012 |
Recovery
of Medical Costs for Asbestos Diseases (Wales) Bill, as introduced Presiding
Officer’s Statement on Legislative Competence: 3 December 2012 Business
Committee Report on the timetable for the consideration of the Bill |
|
Stage 1 - Committee
consideration of general principles |
The
Committee considered the Bill on the following dates: 20
February 2013 (private) Constitutional
and Legislative Affairs Committee report |
|
Stage 1 - Debate in plenary on
general principles |
A debate took place in
Plenary on 19
March 2013. The motion to agree the general principles of the Bill was
agreed. |
|
Financial Resolution |
A Financial Resolution
in relation to the Recovery of Medical Costs for Asbestos Diseases (Wales)
Bill was agreed in Plenary on 19 March 2013. |
|
Stage 2 - Committee
consideration of amendments |
Stage 2 consideration took place in Committee on 24
April 2013. Concise Minutes: 24
April 2013 Recovery
of Medical Costs for Asbestos Diseases (Wales) Bill, as amended at Stage 2
(Amendments to the Bill since the previous version are indicated by
sidelining in the right margin). Notice
of Amendments: 15 April 2013 Notice
of Amendments: 17 April 2013 Marshalled
List: 24 April 2014 Grouping
of Amendments: 24 April 2013 Explanatory
Memorandum, revised after stage 2 Research
Service Bill Summary 2 |
|
Stage 3 - Plenary consideration
of amendments |
Stage 3 consideration
and disposal of amendments took place in Plenary on 20 November 2013. Correspondence
between the Association of British Insurers and the Presiding Officer Notice
of Amendments: 24 May 2013 Notice
of Amendments: 29 May 2013 Notice
of Amendments: 7 November 2013 Marshalled
List of Amendments: 20 November 2013 Groupings
of Amendments: 20 November 2013 |
|
Stage 4 - Passing of the Bill
in Plenary |
The Bill was agreed by
the Assembly in accordance with SO 12.36 on 20 November 2013. |
|
Post-stage 4 |
During the four week period of intimation
which follows the passing of the Bill by the Assembly at Stage 4, the Counsel
General or the Attorney General may refer the question whether the Bill, or
any provision of the Bill, would be within the Assembly’s legislative
competence to the Supreme Court for decision (section 112 of the Government
of Wales Act). Similarly, the Secretary of State for Wales may make an order
prohibiting the Clerk of the Assembly from submitting the Bill for Royal
Assent. An explanation of this stage can be found here. The Counsel General wrote to the Chief
Executive and Clerk of the Assembly on 11 December 2013 to advise that he
would be referring the Bill to the Supreme Court under Section 112 of the
Government of Wales Act 2006. This letter can be found here
together with the response from the Attorney
General. The Supreme Court handed down its Judgment
on this case on 9 February 2015. The Supreme Court found that the Assembly
does not have the legislative competence to enact the Bill in its present
form. Details of the
judgment can be accessed here (external website). Under Standing Order 26.53, any Assembly
Member may propose that the Bill proceeds to Reconsideration Stage. An explanation of the various stages of
Assembly Bills is available. This bill has fallen at the end of the
Fourth Assembly and no further proceedings may be taken on this bill
(Standing Order 26.76) |
Contact
information
Phone: 0300 200 6565
Email: Contact@Assembly.Wales
Decision:
The item started at 15:11
Publication date: 05/12/2012
Date of decision: 05/12/2012
Decided at meeting: 05/12/2012 - Plenary - Fourth Assembly