Decision details

The draft Wales Bill was published by the UK Government on 20 October 2015. The publication of a draft Bill provided an opportunity to scrutinise the proposals before formal introduction of the Bill into the UK Parliament.

The purpose of the inquiry by the Constitutional and Legislative Affairs Committee into the UK Government’s Draft Wales Bill was to examine, in particular:

• the extent to which the proposed reserved powers model of legislative competence is clear, coherent and workable, and will provide a durable framework within which the Assembly can legislate;
• the tests for determining competence as set out in clause 3 and Schedules 1 and 2 to the draft Bill;
• the extent to which the proposed new framework changes the breadth of the Assembly’s competence to make laws;
• the proposed legislative powers available in specific subject areas as a consequence of Schedules 1 and 2 to the draft Bill;
• the proposals for the Assembly to gain powers over its functioning (for example in relation to its name, number of Assembly Members and electoral powers for the Assembly);
• the additional powers to be given to the Welsh Ministers, especially to make subordinate legislation;
• the proposals included in relation to the permanence of the Assembly and Welsh Government;
• the proposals included in relation to the convention about the UK Parliament legislating on devolved matters;
• the implications of the draft Bill for the constitution of the United Kingdom; and
• any other matter related to the legislative powers needed for effective law-making by the Assembly.

Evidence

The Committee held a public consultation to gather evidence on this topic.

The evidence includes correspondence from Committees of the National Assembly for Wales, who considered how it may impact on the subject areas which they are responsible for scrutinising.

The Constitutional and Legislative Affairs Committee also took evidence in formal meetings.

Joint, inter-parliamentary scrutiny

The UK Parliament’s Welsh Affairs Select Committee also examined the draft legislation. The two Committees took evidence together in the Senedd on 9 November 2015.

Report

The Constitutional and Legislative Affairs Committee’s report of its inquiry was published on 4 December 2015.

Read our summary on our inquiry into the Draft Wales Bill.

A plenary debate was held on the Draft Wales Bill report on 13 January 2016. You can watch the debate again on senedd.tv and you can also access the Record of Proceedings.

More information on the Wales Bill is available on the Research Service webpages.

The item started at 14.59

NDM5911 David Melding (South Wales Central)

To propose that the National Assembly for Wales welcomes the report of the Constitutional and Legislative Affairs Committee on the draft Wales Bill.

The motion was agreed in accordance with Standing Order 12.36.

NDM5912 David Melding (South Wales Central)

To propose that the National Assembly for Wales notes the Constitutional and Legislative Affairs Committee's view that if the UK Government proceeds with the current timetable for the draft Wales Bill, it should commit to carrying out a bilingual consolidation of Welsh constitutional law during the current Parliament.

The motion was agreed in accordance with Standing Order 12.36.

NDM5913 David Melding (South Wales Central)

To propose that the National Assembly for Wales notes the Constitutional and Legislative Affairs Committee's view that the draft Wales Bill should be amended to remove the necessity test or replace it with a test based on appropriateness.

The motion was agreed in accordance with Standing Order 12.36.

NDM5914 David Melding (South Wales Central)

To propose that the National Assembly for Wales notes the Constitutional and Legislative Affairs Committee's view that the draft Wales Bill should be amended to include a system for requiring Minister of the Crown consents that reflects the model in the Scotland Act 1998.

The motion was agreed in accordance with Standing Order 12.36.

NDM5915 David Melding (South Wales Central)

To propose that the National Assembly for Wales notes the Constitutional and Legislative Affairs Committee's view that the draft Wales Bill should be amended to reduce significantly the number and extent of specific reservations and restrictions consistent with a mature, effective and accountable legislature that is to acquire income tax powers.

The motion was agreed in accordance with Standing Order 12.36.

NDM5916 David Melding (South Wales Central)

To propose that the National Assembly for Wales notes the Constitutional and Legislative Affairs Committee's view that the draft Wales Bill should be amended to include a distinct jurisdiction in which Welsh Acts extend only to Wales and modify England and Wales law as appropriate for reasonable enforcement.

The motion was agreed in accordance with Standing Order 12.36.