Law Derived from the European Union (Wales) Act 2018
A Government Emergency
Bill, introduced by Mark Drakeford AM,
Cabinet Secretary for Finance. An Emergency Bill is a Government Bill that
needs to be enacted more quickly than the Assembly’s usual four stage
legislative process allows. A definition of an Emergency Bill is not provided
in the Government of Wales Act 2006 (“the 2006 Act”) or in the Assembly’s Standing Orders, however Standing
Order 26.95 states that:
“If it appears to a member
of the government that an Emergency Bill is required, he or she may by motion
propose that a government Bill, to be introduced in the Assembly, be treated as
a government Emergency Bill.”
As with all Assembly
Bills, Emergency Bills must relate to one or more of the 21
Subjects contained in Schedule 7 to the 2006 Act in order for it to be
within the scope of the Assembly’s legislative powers.
About the Bill
The Bill is intended to preserve EU law covering
subjects devolved to Wales on withdrawal of the UK from the EU. Further, it
will enable the Welsh Ministers to ensure that legislation covering these
subjects works effectively after the UK leaves the EU and the European
Communities Act 1972 is repealed by the European Union (Withdrawal) Bill.
The Bill enables the Welsh Ministers to legislate to
maintain regulatory alignment with the EU in order to facilitate continued
access to the EU market for Welsh Businesses. It also creates a default
position in law whereby the consent of the Welsh Ministers will be required
before any changes are made by UK Ministers to devolved legislation within the
scope of EU law.
Further detail about the Bill can be found in its accompanying Explanatory Memorandum.
Current Stage
The
Law
Derived from the European Union (Wales) Act 2018 became law in Wales on 6
June 2018.
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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|
Motion to propose this be treated as a Government
Emergency Bill Motion to agree a timetable |
Tabled 27 February 2018, for debate on 6 March
2018 Timetable
(PDF, 10KB) |
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|
Bill introduced: 7 March 2018 |
Law
Derived from the European Union (Wales) Bill, as introduced (PDF, 142KB) Explanatory
Memorandum (PDF, 851KB) Presiding
Officer’s Statement: 27 February 2018 (PDF, 127KB) Presiding
Officer’s Statement: Note to Assembly Members - 27 February 2018 (PDF,
145KB) |
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|
Committee consideration of the Bill |
The Constitutional and Legislative Affairs Committee considered the Bill on the following dates:
The
Constitutional and Legislative Affairs Committee laid its
report on the Bill on 13 March 2018. Response
from the Cabinet Secretary for Finance - 16 March 2018 |
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|
Stage 1: Debate in Plenary on general principles |
A debate took place in Plenary on 13
March 2018. The motion to agree the general principles of the Bill was
agreed. |
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|
Financial Resolution |
A Financial Resolution in relation to the Law
Derived from the European Union (Wales) Bill was agreed in Plenary on 13
March 2018. |
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|
Stage 2: Committee consideration of amendments |
Stage 2 consideration took place in the Committee
of the Whole Assembly on 20
March 2018. Notices of Amendments Notice
of Amendments – 15 March 2018 (PDF, 69KB) Welsh
Government: Purpose and Effect table – 15 March 2018 (PDF, 186KB) Notice
of Amendments – 16 March 2018 (PDF, 91KB) Marshalled
List of Amendments – 20 March 2018 (PDF, 98KB) Groupings
of amendments - 20 March 2018 (PDF, 67KB) Law
Derived from the European Union (Wales) Bill, as amended at Stage 2 (PDF,
148KB) (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 2 (PDF, 135KB) |
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|
Stage 3: Plenary consideration of amendments |
Stage 3 consideration and disposal of amendments
took place in Plenary on 21
March 2018. Notices of Amendments Notice
of amendments – 20 March 2018 (PDF, 82KB) Welsh
Government: Purpose and Effect table - 20 March 2018 (PDF, 166KB) Marshalled
List of Amendments – 21 March 2018
(PDF, 79KB) Groupings of amendments - 21 March 2018 (PDF, 67KB) Law
Derived from the European Union (Wales) Bill, as amended at Stage 3 (PDF,
150KB) (Amendments to the Bill since the previous version are indicated by
sidelining in the right margin) |
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|
Stage 4: Passing of the Bill in Plenary |
The Bill was agreed by the Assembly on 21 March 2018. Law
Derived from the European Union (Wales) Bill, as passed (PDF, 150KB) |
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|
Post-stage 4 |
The Attorney
General (PDF, 22KB) wrote to the Chief Executive and Clerk of the
Assembly on 17 April 2018 to advise that he would be referring the Bill to
the Supreme Court under Section 112 of the Government of Wales Act 2006. The Secretary
of State for Wales (PDF, 50KB) wrote to the Presiding Officer on 16 April
2018 to advise that he did not intend to make an Order under Section 114 of
the Government of Wales Act 2006 at this current time. The Counsel
General for Wales (PDF, 191KB) wrote to the Chief Executive and Clerk of
the Assembly on 17 April 2018 to advise that he would not be referring the
Bill to the Supreme Court under Section 112 of the Government of Wales Act
2006. The Counsel General wrote to the Presiding
Officer on 23 May informing her that the Supreme Court had formally indicated
that the reference of the Law Derived from the European Union (Wales) Bill
had been withdrawn with the consent of all the parties. The Secretary
of State for Wales (PDF, 144KB) wrote to the Presiding Officer on 25 May
2018 to advise that he did not intend to make an Order under Section 114 of
the Government of Wales Act 2006. |
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|
Royal Assent |
Royal
Assent (PDF, 71KB) was given on 6 June 2018. |
Contact information
Clerk:
Gareth Rogers
Phone:
0300 200 6357
Postal address:
National
Assembly for Wales
Cardiff
Bay
Cardiff CF99 1NA
Email:
legislation@Assembly.Wales
Business type: Bill
Reason considered: Government Business;
Status: Complete
First published: 07/03/2018
Documents
- Notice of Amendments – 15 March 2018
PDF 69 KB - Welsh Government: Purpose and Effect table - 15 March 2018 PDF 186 KB
- Response from the Cabinet Secretary for Finance - 16 March 2018 PDF 226 KB
- Notice of Amendments – 16 March 2018 PDF 91 KB
- Marshalled List of Amendments – 20 March 2018 PDF 98 KB
- Groupings of amendments - 20 March 2018 PDF 67 KB
- Law Derived from the European Union (Wales) Bill, as amended at Stage 2 PDF 148 KB
- Notice of amendments – 20 March 2018 PDF 82 KB
- Welsh Government: Purpose and Effect table - 20 March 2018 PDF 165 KB
- Marshalled List of Amendments – 21 March 2018 PDF 79 KB
- Groupings of amendments - 21 March 2018 PDF 67 KB
- Printing Changes to the Bill as amended at Stage 2 PDF 135 KB
- Law Derived from the European Union (Wales) Bill, as amended at Stage 3 PDF 149 KB
- Law Derived from the European Union (Wales) Bill, as passed PDF 177 KB
- Letter from the Attorney General - 17 April 2018 PDF 22 KB
- Letter from the Counsel General - 17 April 2018 PDF 191 KB
- Letter from the Secretary of State for Wales - 16 April 2018 PDF 50 KB
- Letter from the Secretary of State for Wales - 25 May 2018 PDF 143 KB