National Assembly for Wales

Business Committee

April 2013

Purpose

1.    In accordance with Standing Order 11.7(iv), the Business Committee is responsible for making recommendations on the general practice and procedures of the Assembly, including any proposals for the re-making or revision of Standing Orders.

2.    The report recommends amendments to Standing Orders 26 and 26A in relation to Reconsideration Stage for Bills and Private Bills. The changes agreed by Business Committee are found in Annex A, and the proposal for a new Standing Order at Annex B.

Background

3.    At its meeting held in public of Monday 18 March 2013, the Business Committee considered changes to the Standing Orders regarding Reconsideration Stage. The Committee agreed in principle to the proposed changes.

4.    At its meeting of Tuesday 16 April 2013, the Business Committee formally agreed to the proposals made in this report.

Current Provisions

Government of Wales Act 2006

 

5.    The Act, in Section 111(6), states that:

The standing orders must provide for an opportunity for the reconsideration of a Bill after its passing if (and only if) —

(a)      the Supreme Court decides on a reference made in relation to the Bill under section 112 that the Bill or any provision of it would not be within the Assembly's legislative competence,

(b)      a reference made in relation to the Bill under section 112 is withdrawn following a request for withdrawal of the reference under section 113(2)(b), or

(c)      an order is made in relation to the Bill under section 114.

Standing Orders

 

6.    Standing Orders 26.52 – 26.56 make the relevant provision for the reconsideration of a Bill after its passing. The same provision appears in Standing Orders 26A.90 – 26A.95 in relation to Private Bills.

7.    Having reviewed the Standing Orders, the Business Committee believes that there are some gaps in the Standing Orders that need addressing.

Proposals for Change

 

8.    The proposed changes will provide a clearer and more comprehensive set of procedures for Reconsideration Stage.

9.    The proposals as set out at Annexes A and B are designed to clarify the following:

·         that a motion that the Assembly reconsiders a Bill must be passed before Reconsideration Stage actually starts, rather than it being considered on the same day as amendments to the Bill. This is not clear at the moment;

 

·         that a minimum of fifteen days must elapse between the start of Reconsideration Stage (i.e. the Assembly agree

Annex A

STANDING ORDER 26 – Acts of the Assembly
Reconsideration of Bills Passed
26.52     Any Member may, after the Bill is passed, by motion propose that the Assembly reconsider the Bill, or any provision of it, if: (i)       a question has been referred to the Supreme Court under section 112 of the Act; (ii)      a reference for a preliminary ruling (within the meaning of section 113(1)(b) of the Act) has been made by the Supreme Court in connection with that reference; and (iii)     neither of those references has been decided or otherwise disposed of.	No amendment
26.53     Any Member may by motion propose that the Assembly reconsider the Bill if:  (i)       the Supreme Court decides that the Bill or any provision of it would not be within the legislative competence of the Assembly; or (ii)      an order is made in relation to the Bill under section 114 of the Act.	No amendment
26.53A   Reconsideration Stage starts on the first working day after a motion proposed under Standing Order 26.52 or 26.53 is agreed to by the Assembly.	Insert New Standing Order   This new SO is an adaptation of SO26.29 for Stage 3 proceedings. It makes clear that agreement of a motion under 26.52 or 26.53 is the starting point for Reconsideration Stage, and for the tabling of amendments.
26.53B    At least fifteen working days must elapse between the start of Reconsideration Stage and the date of the first meeting of the Assembly that considers Reconsideration Stage proceedings.	Insert New Standing Order   This SO is an adaptation of SO26.30 for Stage 3 proceedings. A 15 day period applies between Stages 2 and 3and the same period is proposed for Reconsideration Stage.   In practice, the fifteen day period means that there are a minimum of ten days between the Assembly resolving to reconsider a Bill and the deadline for tabling amendments for Reconsideration Stage. The Member in Charge is at liberty to extend this period by scheduling Reconsideration Stage proceedings later than required by the minimum period.
26.54     Proceedings at Reconsideration Stage must be considered by the Assembly in plenary.	No amendment
26.55     A Bill may not be amended at Reconsideration Stage unless in addition to the criteria in Standing Order 26.61, and in the opinion of the Presiding Officer, the amendments are solely for the purpose of resolving the issue which is the subject of: (i)       the reference to the Supreme Court for a preliminary ruling;    (ii)      the decision of the Supreme Court; or (iii)     the Order under section 114 of the Act.	No amendment
26.56     Immediately after the completion of Reconsideration Stage proceedings, any Member may without notice move propose that the Assembly approves a Bill amended on reconsideration. Such a motion may not be amended.	Amend this Standing Order   This amendment brings this SO into line with that for the Stage 4: Final Stage, and removes the need for a formal motion that the Bill be passed to be tabled five days in advance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STANDING ORDER 26A – Private Acts of the Assembly
Reconsideration of Private Bills Passed
26A.90   Any Member may, after the Private Bill is passed, by motion propose that the Assembly reconsider the Private Bill, or any provision of it, if: (i)       a question in relation to the Private Bill has been referred to the Supreme Court under section 112 of the Act; (ii)      a reference for a preliminary ruling (within the meaning of section 113(1)(b) of the Act) has been made by the Supreme Court in connection with that reference; and (iii)     neither of those references has been decided or otherwise disposed of.	No amendment
26A.91   Any Member may by motion propose that the Assembly reconsider the Private Bill if:  (i)       the Supreme Court decides that the Private Bill or any provision of it would not be within the legislative competence of the Assembly; or (ii)      an order is made in relation to the Private Bill under section 114 of the Act.	No amendment
26A.91A Reconsideration Stage starts on the first working day after a motion proposed under Standing Order 26A.90 or 26A.91 is agreed to by the Assembly.	Insert New Standing Order   This new SO is an adaptation of SO26.29 for Stage 3 proceedings. It makes clear that agreement of a motion under 26.52 or 26.53 is the starting point for Reconsideration Stage, and for the tabling of amendments.
26A.91B At least fifteen working days must elapse between the start of Reconsideration Stage and the date of the first meeting of the Assembly that considers Reconsideration Stage proceedings.	Insert New Standing Order   This SO is an adaptation of SO26.30 for Stage 3 proceedings. A 15 day period applies between Stages 2 and 3and the same period is proposed for Reconsideration Stage.   In practice, the fifteen day period means that there are a minimum of ten days between the Assembly resolving to reconsider a Bill and the deadline for tabling amendments for Reconsideration Stage. The Member in Charge is at liberty to extend this period by scheduling Reconsideration Stage proceedings later than required by the minimum period.
26A.92   Proceedings at Reconsideration Stage must be considered by the Assembly in plenary.	No amendment
26A.93   A Private Bill may not be amended at Reconsideration Stage unless in addition to the criteria in Standing Order 26A.100, and in the opinion of the Presiding Officer, the amendments are solely for the purpose of resolving the issue which is the subject of: (i)       the reference to the Supreme Court for a preliminary ruling;    (ii)      the decision of the Supreme Court; or (iii)     the Order under section 114 of the Act.	No amendment
26A.94   Unless the Assembly has decided, on a motion of the Business Committee, the order in which amendments are to be disposed of, they must be disposed of in the order in which the provisions to which they relate arise in the Private Bill.	No amendment
26A.95   Immediately after the completion of Reconsideration Stage proceedings, any Member may without notice move propose that the Assembly approves a Private Bill amended on reconsideration. Such a motion may not be amended.	Amend this Standing Order   This amendment brings this SO into line with that for the Stage 4: Final Stage, and removes the need for a formal motion that the Bill be passed to be tabled five days in advance.

 

 

 

Annex B

 

STANDING ORDER 26 – Acts of the Assembly

 

Reconsideration of Bills Passed

 

26.52          Any Member may, after the Bill is passed, by motion propose that the Assembly reconsider the Bill, or any provision of it, if:

(i)       a question has been referred to the Supreme Court under section 112 of the Act;

(ii)      a reference for a preliminary ruling (within the meaning of section 113(1)(b) of the Act) has been made by the Supreme Court in connection with that reference; and

(iii)     neither of those references has been decided or otherwise disposed of.

 

26.53          Any Member may by motion propose that the Assembly reconsider the Bill if: 

(i)       the Supreme Court decides that the Bill or any provision of it would not be within the legislative competence of the Assembly; or

(ii)      an order is made in relation to the Bill under section 114 of the Act. 

 

26.53A        Reconsideration Stage starts on the first working day after a motion proposed under Standing Order 26.52 or 26.53 is agreed to by the Assembly.

 

26.53B        At least fifteen working days must elapse between the start of Reconsideration Stage and the date of the first meeting of the Assembly that considers Reconsideration Stage proceedings.

 

26.54          Proceedings at Reconsideration Stage must be considered by the Assembly in plenary. 

 

26.55          A Bill may not be amended at Reconsideration Stage unless in addition to the criteria in Standing Order 26.61, and in the opinion of the Presiding Officer, the amendments are solely for the purpose of resolving the issue which is the subject of:

(i)       the reference to the Supreme Court for a preliminary ruling;   

(ii)      the decision of the Supreme Court; or

(iii)     the Order under section 114 of the Act.

 

26.56          Immediately after the completion of Reconsideration Stage proceedings, any Member may without notice move that the Assembly approves a Bill amended on reconsideration. Such a motion may not be amended.

 

STANDING ORDER 26A – Private Acts of the Assembly

 

Reconsideration of Private Bills Passed

 

26A.90        Any Member may, after the Private Bill is passed, by motion propose that the Assembly reconsider the Private Bill, or any provision of it, if:

(i)       a question in relation to the Private Bill has been referred to the Supreme Court under section 112 of the Act;

(ii)      a reference for a preliminary ruling (within the meaning of section 113(1)(b) of the Act) has been made by the Supreme Court in connection with that reference; and

(iii)     neither of those references has been decided or otherwise disposed of.

 

26A.91        Any Member may by motion propose that the Assembly reconsider the Private Bill if: 

(i)       the Supreme Court decides that the Private Bill or any provision of it would not be within the legislative competence of the Assembly; or

(ii)      an order is made in relation to the Private Bill under section 114 of the Act. 

 

26A.91A      Reconsideration Stage starts on the first working day after a motion proposed under Standing Order 26A.90 or 26A.91 is agreed to by the Assembly.

 

26A.91B      At least fifteen working days must elapse between the start of Reconsideration Stage and the date of the first meeting of the Assembly that considers Reconsideration Stage proceedings.

 

26A.92        Proceedings at Reconsideration Stage must be considered by the Assembly in plenary. 

 

26A.93        A Private Bill may not be amended at Reconsideration Stage unless in addition to the criteria in Standing Order 26A.100, and in the opinion of the Presiding Officer, the amendments are solely for the purpose of resolving the issue which is the subject of:

(i)       the reference to the Supreme Court for a preliminary ruling;   

(ii)      the decision of the Supreme Court; or

(iii)     the Order under section 114 of the Act.

 

26A.94        Unless the Assembly has decided, on a motion of the Business Committee, the order in which amendments are to be disposed of, they must be disposed of in the order in which the provisions to which they relate arise in the Private Bill.

 

26A.95        Immediately after the completion of Reconsideration Stage proceedings, any Member may without notice move that the Assembly approves a Private Bill amended on reconsideration. Such a motion may not be amended.