Agenda and decisions

The Presiding Officer will call the Party Leaders to ask questions without notice to the First Minister after Question 2.

 

View Questions

 

The item started at 13.30

 

The first 8 questions were asked. The Presiding Officer invited party leaders to ask questions to the First Minister after Question 2.

 

View Business Statement and Announcement

 

The item started at 14.17

 

The item started at 14.33

 

NDM5425 Mark Drakeford (Cardiff West)

 

To propose that the National Assembly for Wales, in accordance with Standing Orders 33.6 and 33.8:

 

Suspends Standing Order 12.20(i) to allow NDM5424 to be considered in Plenary on Tuesday 4th February 2014.

 

The motion was agreed in accordance with Standing Order 12.36.

 

NDM5424 Mark Drakeford (Cardiff West)

 

To propose that the National Assembly for Wales, in accordance with Standing Order 29.6, agrees that provisions in the Children and Families Bill relating to the purchase or attempted purchase of tobacco or cigarette papers on behalf of persons under the age of 18 and the prohibition of sale of nicotine products to persons under the age of 18 and associated offences, defences, penalties and enforcement etc. in so far as they fall within the legislative competence of the National Assembly for Wales should be considered by the UK Parliament.

 

A Legislative Consent Memorandum has been laid in Table Office on 31 January 2014 in accordance with Standing Order 29.2(iii).

 

A copy of the Children and Families Bill can be found at:

 

Bill documents — Children and Families Bill [HL] 2012-13 to 2013-14 — UK Parliament

 

The item started at 14.53

 

NDM5424 Mark Drakeford (Cardiff West)

 

To propose that the National Assembly for Wales, in accordance with Standing Order 29.6, agrees that provisions in the Children and Families Bill relating to the purchase or attempted purchase of tobacco or cigarette papers on behalf of persons under the age of 18 and the prohibition of sale of nicotine products to persons under the age of 18 and associated offences, defences, penalties and enforcement etc. in so far as they fall within the legislative competence of the National Assembly for Wales should be considered by the UK Parliament.

 

The motion was agreed in accordance with Standing Order 12.36.

 

At 14.53, proceedings were suspended for 10 minutes. The bell was rung 5 minutes before reconvening for Stage 3 proceedings on the Social Services and Well –being (Wales) Bill.

 

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 agreed by the Assembly on 28 January 2014.

 

The amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

 

1. Statutory principles and overarching duties

293, 9A, 9B, 9, 10, 61, 62, 63, 64, 109, 110, 111, 292, 112

2. Meaning of well-being

82, 108, 241

3. Application of the Act to persons in prison, youth detention accommodation or bail accommodation etc

7, 50, 51, 52, 53, 54, 55, 56, 58

4. Meaning of care and support

8, 11

5. Code in relation to well-being outcomes under section 6

12

6. Technical (Parts 1 to 4 of the Act)

113, 116, 117, 118, 119, 13, 14, 15, 16, 17, 120, 121, 128, 129, 130, 132, 134, 135, 138, 140, 145, 147, 149,

150, 151, 152, 154, 155, 165

7. Assessment of needs for care and support, support for carers and preventative services

300, 294

8. Carers strategy

114, 115, 83

9. Preventative services

301, 302, 318

10. Provision of information, advice and assistance

295

11. Registers of sight-impaired, hearing-impaired and other disabled people

122, 123, 124, 125, 126, 127

12. Assessing the needs of individuals

65, 66, 67, 296, 68, 69, 70, 297, 131, 133, 136, 137, 298, 139, 141, 71, 72

13. Review of needs assessments

142, 143, 144

14. Determination of eligibility and consideration of what to do to meet needs

146, 148, 299, 18

15. Employment of nurses by local authorities

303, 304, 305, 306, 307

16. Relevant health bodies for the purposes of section 38

153, 156

17. Direct payments

157, 158, 19, 20, 21

18. Direct payments for health

308, 309

19. Review of care and support plans

159, 160, 161, 162, 163, 164, 176, 177, 178, 179, 180, 181

20. Portability of care and support

22

21. Recovery of expenses from a person under section 49

166

22. Persons upon whom charges may be imposed

23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 60, 47

23. Technical (Parts 5 and 6 of the Act)

167, 39, 171, 175, 182, 184, 186, 187, 188, 189, 190, 191, 193, 194, 195, 196, 197, 198, 199

24. Review of charging decisions

168, 169

25. Appealing against decisions taken by the local authority

319, 321

26. Interpretation of a young person being looked after by a local authority

170

27. Continuation of accommodation for former looked after children with their former local authority foster parents

1*, 1A*, 1B*, 2, 3, 75A, 75B, 75C, 75, 76A, 76, 77, 331, 4, 332, 5

28. Accommodation for children in police protection or detention or on remand etc

172, 173

29. Welsh Ministers’ power to direct local authorities in relation to looked after children

174

30. Enforcement of contribution orders subsequent to the commencement of Schedule 11 to the Crime and Courts Act 2013

281

31. Duty under section 86(3) to keep local authority informed of addresses of relevant persons with parental responsibility for a looked after child

183

32. Duty of local authority to ensure visits to, and contact with, looked after children and other children

46, 185

33. Befriending, advising and assisting looked after children

315, 316

34. Ways in which support for category 2 young people may be provided

192

35. Adults at risk

320, 200, 201, 87, 88, 89, 90, 91, 92

36. Technical (Parts 7 to 11 and section 1 of the Act)

202, 203, 204, 207, 208, 210, 212, 213, 214, 217, 220, 222, 224, 223, 282, 283, 284, 285, 286, 287, 225, 226,

227, 228, 229, 230, 48, 49, 232, 233, 235, 239, 242, 243, 245, 246, 247, 248, 249, 252, 254, 256, 259, 289,

291, 262, 263, 266, 267, 268, 269, 274, 275, 276, 277, 278, 279, 280, 101, 102, 103, 104, 105, 106

37. Consultation with Secretary of State

205, 219, 221, 237, 244

38. Safeguarding Boards

206, 209, 211, 215, 216, 218

39. Removal of reasonable punishment defence

98

40. Social services functions for the purpose of the Act

288

41. Relevant partners for the purposes of section 152 and 153

231, 234, 236, 238, 240

42. Partnership arrangements

310, 311, 312, 313, 314

43. National Board for Adoption Services

325, 326, 327, 328, 329, 330

44. Representations relating to certain children

250, 251, 253, 255, 257, 258

45. Amendment to the Public Service Ombudsman (Wales) Act 2005

290

46. Advocacy

78*, 78A*, 79, 80, 81

47. Provision of identifying information in relation to children for purposes of research

260, 261

48. Zero hours contracts

322, 323

49. Recovery of costs between local authorities

264, 265

50. Disputes about ordinary residence and portability of care and support

270

51. Whistleblowing

84

52. Additional requirements in relation to regulations under section 26 and orders under section 130

271

53. General interpretation and index of defined expressions

85, 57, 272, 273

54. Definition of and guidance about neglect for the purpose of the Act

94, 95

55. Commencement requirements

86, 93, 59

56. Overview of the Act

96, 99, 100, 317, 97, 324, 73, 74, 6, 107

Please note: this is true as for the meeting on 4 February 2014.

* Group 27:

These amendments will be disposed of in the order— 1A, 1B, 1

(Amendment 1 is the lead amendment in the group).

* Group 46:

These amendments will be disposed of in the order— 78A, 78

(Amendment 78 is the lead amendment in the group).

 

Supporting Documents

Social Services and Well-being (Wales) Bill

Revised Explanatory Memorandum
Marshalled List of Amendments

Grouping of Amendments

The item started at 15.03

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 agreed by the Assembly on 28 January 2014.

 

A vote was taken on Amendment 293:

For	Abstain	Against	Total
28	0	30	58

Amendment 293 was not agreed.

A vote was taken on Amendment 82:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 108 was agreed in accordance with Standing Order 12.36.

 

Amendment 7 was agreed in accordance with Standing Order 12.36.

 

Amendment 8 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 9A:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 9B:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 9 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 10:

For	Abstain	Against	Total
45	0	13	58

Amendment 10 was agreed.

 

As amendment 10 was agreed, amendments 61 and 62 fell.

 

A vote was taken on Amendment 63:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 64:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 109 was agreed in accordance with Standing Order 12.36.

 

Amendment 110 was agreed in accordance with Standing Order 12.36.

 

Amendment 111 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 292:

For	Abstain	Against	Total
29	1	28	58

Amendment 292 was agreed.

 

Statement

Julie James made a statement before the debate on Group 10 clarifying that she had earlier abstained in error on amendment 292.

 

Amendment 112 was agreed in accordance with Standing Order 12.36.

 

Amendment 11 was agreed in accordance with Standing Order 12.36.

 

Amendment 12 was agreed in accordance with Standing Order 12.36.

 

Amendment 113 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 300:

For	Abstain	Against	Total
16	0	42	58

Amendment 300 was not agreed.

 

A vote was taken on Amendment 294:

For	Abstain	Against	Total
16	0	42	58

Amendment 294 was not agreed.

 

Amendment 114 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 115:

For	Abstain	Against	Total
52	0	5	57

Amendment 115 was agreed.

 

A vote was taken on Amendment 301:

For	Abstain	Against	Total
28	0	29	57

Amendment 301 was not agreed.

 

 

Amendment 116 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 302:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 117 was agreed in accordance with Standing Order 12.36.

 

Amendment 118 was agreed in accordance with Standing Order 12.36.

 

Amendment 119 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 318:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 13 was agreed in accordance with Standing Order 12.36.

 

Amendment 14 was agreed in accordance with Standing Order 12.36.

 

Amendment 15 was agreed in accordance with Standing Order 12.36.

 

Amendment 16 was agreed in accordance with Standing Order 12.36.

 

Amendment 17 was agreed in accordance with Standing Order 12.36.

 

 

A vote was taken on Amendment 295:

For	Abstain	Against	Total
28	1	29	58

Amendment 295 was not agreed.

 

Amendment 120 was agreed in accordance with Standing Order 12.36.

 

Amendment 121 was agreed in accordance with Standing Order 12.36.

 

Amendment 122 was agreed in accordance with Standing Order 12.36.

 

Amendment 123 was agreed in accordance with Standing Order 12.36.

 

Amendment 124 was agreed in accordance with Standing Order 12.36.

 

Amendment 125 was agreed in accordance with Standing Order 12.36.

 

Amendment 126 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 65:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 66:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 67:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 296 was not moved

 

Amendment 128 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 68:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 69:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 70:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 129 was agreed in accordance with Standing Order 12.36.

 

Amendment 297 was not moved.

 

Amendment 130 was agreed in accordance with Standing Order 12.36.

 

Amendment 131 was agreed in accordance with Standing Order 12.36.

 

Amendment 132 was agreed in accordance with Standing Order 12.36.

 

Amendment 133 was agreed in accordance with Standing Order 12.36.

 

Amendment 134 was agreed in accordance with Standing Order 12.36.

 

Amendment 135 was agreed in accordance with Standing Order 12.36.

 

Amendment 136 was agreed in accordance with Standing Order 12.36.

 

Amendment 137 was agreed in accordance with Standing Order 12.36.

 

Amendment 138 was agreed in accordance with Standing Order 12.36.

 

Amendment 298 was not moved.

 

Amendment 139 was agreed in accordance with Standing Order 12.36.

 

Amendment 140 was agreed in accordance with Standing Order 12.36.

 

Amendment 141 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 142:

For	Abstain	Against	Total
53	0	5	58

Amendment 142 was agreed.

 

Amendment 143 was agreed in accordance with Standing Order 12.36.

 

Amendment 144 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 71:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 145 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 72:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

At 17.25, proceedings were suspended for 20 minutes. The bell was rung 5 minutes before reconvening for Stage 3 proceedings on the Social Services and Well –being (Wales) Bill.

 

Amendment 146 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 147:

For	Abstain	Against	Total
35	0	23	58

Amendment 147 was agreed.

 

Amendment 148 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 149:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 299:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 18 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 150:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 151:

For	Abstain	Against	Total
30	0	28	58

Amendment 151 was agreed.

 

A vote was taken on Amendment 152:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 83:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 303:

For	Abstain	Against	Total
16	0	42	58

Amendment 303 was not agreed.

 

A vote was taken on Amendment 304:

For	Abstain	Against	Total
16	0	42	58

Amendment 304 was not agreed.

 

As amendment 303 was not agreed, amendment 305 fell.

 

As amendment 304 was not agreed, amendment 306 fell.

 

A vote was taken on Amendment 307:

For	Abstain	Against	Total
16	0	42	58

Amendment 307 was not agreed.

 

Amendment 153 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 154:

For	Abstain	Against	Total
40	0	18	58

Amendment 154 was agreed.

 

A vote was taken on Amendment 155:

For	Abstain	Against	Total
40	0	18	58

Amendment 155 was agreed.

 

Amendment 156 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 157:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 158:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 19:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 20 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 21:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

A vote was taken on Amendment 308:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 308 was not agreed, amendment 309 fell.

 

Amendment 159 was agreed in accordance with Standing Order 12.36.

 

Amendment 160 was agreed in accordance with Standing Order 12.36.

 

Amendment 161 was agreed in accordance with Standing Order 12.36.

 

Amendment 162 was agreed in accordance with Standing Order 12.36.

 

Amendment 163 was agreed in accordance with Standing Order 12.36.

 

Amendment 164 was agreed in accordance with Standing Order 12.36.

 

Amendment 22 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 165:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 166 was agreed in accordance with Standing Order 12.36.

 

Amendment 23 was agreed in accordance with Standing Order 12.36.

 

Amendment 24 was agreed in accordance with Standing Order 12.36.

 

Amendment 25 was agreed in accordance with Standing Order 12.36.

 

Amendment 26 was agreed in accordance with Standing Order 12.36.

 

Amendment 27 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 167:

For	Abstain	Against	Total
29	0	28	57

Amendment 167 was agreed.

Amendment 168 was agreed in accordance with Standing Order 12.36.

 

Amendment 169 was agreed in accordance with Standing Order 12.36.

 

Amendment 28 was agreed in accordance with Standing Order 12.36.

 

Amendment 29 was agreed in accordance with Standing Order 12.36.

 

Amendment 30 was agreed in accordance with Standing Order 12.36.

 

Amendment 31 was agreed in accordance with Standing Order 12.36.

 

Amendment 32 was agreed in accordance with Standing Order 12.36.

 

Amendment 33 was agreed in accordance with Standing Order 12.36.

 

Amendment 34 was agreed in accordance with Standing Order 12.36.

 

Amendment 35 was agreed in accordance with Standing Order 12.36.

 

Amendment 36 was agreed in accordance with Standing Order 12.36.

 

Amendment 37 was agreed in accordance with Standing Order 12.36.

 

Amendment 38 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 39:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 40 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 45 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 319:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

As amendment 319 was not agreed, amendments 321 and 317 fell.

 

Amendment 170 was agreed in accordance with Standing Order 12.36.

 

A vote was taken on Amendment 1A:

For	Abstain	Against	Total
16	0	42	58

Amendment 1A was not agreed.

 

A vote was taken on Amendment 1B:

For	Abstain	Against	Total
16	0	42	58

Amendment 1B was not agreed.

 

A vote was taken on Amendment 1:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

As amendment 1 was not agreed, amendments 2, 3, 4 and 5 fell.

 

A vote was taken on Amendment 171:

For	Abstain	Against	Total
29	0	30	59

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

 

Amendment 172 was agreed in accordance with Standing Order 12.36.

 

Amendment 173 was agreed in accordance with Standing Order 12.36.

 

In accordance with Standing Order 12.18, proceedings were adjourned. Sections 2 to 68 of the Bill were deemed agreed.