Wales Bill — House of Commons, 2016-07-05
Topic: Government Operations
John Simon Bercow (Conservative, Centre-right): With this it will be convenient to discuss the following: Clauses 8 to 11 stand part Amendment 33, in clause 12, page 12, line 24, at end insert— "(a) for a sum paid out of the Welsh Consolidated Fund not to be applied for any purpose other than that for which it was charged or (as the case may be) paid out" The amendment sets out that Welsh legislation must provide that the Assembly has to authorise any drawing from the Consolidated Fund and that such funds can only be utilised for the purposes for which they were authorised. Clauses 12 to 14 stand part. Amendment 38, in clause 15, page 14, line 3, leave out "translation of references" and insert "consequential provision" The amendment replaces "translation of references" with "consequential provision", to reflect the overall effect of Clause 15. Amendment 39, page 14, line 5, at end insert— "( ) Cynulliad Cenedlaethol Cymru," The amendment clarifies that any references in legislation, instruments and documents to "Cynulliad Cenedlaethol Cymru" is also to be read as a reference to the new name, in Welsh. Amendment 40, page 14, line 6, at end insert— "( ) Comisiwn Cynulliad Cenedlaethol Cymru," The amendment clarifies that any references in legislation, instruments and documents to "Comisiwn Cynulliad Cenedlaethol Cymru" is also to be read as a reference to the new name, in Welsh. Amendment 41, page 14, line 7, at end insert— "( ) Deddfau Cynulliad Cenedlaethol Cymru, or" The amendment clarifies that any references in legislation, instruments and documents to "Deddfau Cynulliad Cenedlaethol Cymru" is also to be read as a reference to the new name, in Welsh. Amendment 42, page 14, line 11, after "to", insert "Cynulliad Cenedlaethol Cymru," The amendment provides that if the Assembly changes its name then any reference in legislation, instruments and documents to the "Cynulliad Cenedlaethol Cymru" is to be read as a reference to the new name. Amendment 43, page 14, line 12, after first "Wales," insert "Comisiwn Cynulliad Cenedlaethol Cymru," The amendment provides that if the Assembly changes its name then any reference in legislation, instruments and documents to the "Comisiwn Cynulliad Cenedlaethol Cymru" is to be read as a reference to the new name. Amendment 44, page 14, line 12, after "Commission," insert ", Deddfau Cynulliad Cenedlaethol Cymru" The amendment provides that if the Assembly changes its name then any reference in legislation, instruments and documents to "Deddfau Cynulliad Cenedlaethol Cymru" is to be read as a reference to the new name. Amendment 45, page 14, line 17, after "name", insert "in Welsh or English (as the case may be)." The amendment clarifies that the clause applies to any new names listed in the clause be they in English or Welsh. Clauses 15 and 16 stand part Amendment 14, in clause 17, page 15, leave out lines 29 to 31 This amendment and amendment 15 make provision for the definition of devolved competence in Clause 17 to be applied for the purpose of the amendments made to Clause 19 by amendment 13. Amendment 15, page 15, line 35, at end insert— "( ) In this section and section 58B ‘within devolved competence’ and ‘outside devolved competence’ are to be read in accordance with subsections (7) and (8); but for the purposes of section 58AB no account is to be taken of the requirement to consult the appropriate Minister in paragraph 11(2) of Schedule 7B." See the explanatory statement for amendment 14. Clauses 17 and 18 stand part. Amendment 13, in clause 19, page 17, line 27, at end insert— "(2) After section 58A of that Act (inserted by section 17(1) of this Act) insert— ‘58B Transfer of functions within devolved competence (1) Functions conferred on a Minister of the Crown by virtue of any pre-commencement enactment or pre-commencement prerogative instrument, so far as they are exercisable within devolved competence by a Minister of the Crown, are to be exercisable by the Welsh Ministers instead of a Minister of the Crown (2) Provision for a Minister of the Crown to exercise a function with the agreement of, or after consultation with, any other Minister of the Crown ceases to have effect in relation to the exercise of the function by a member of the Welsh Government by virtue of subsection (1) (3) In this section "pre-commencement enactment" means— (a) an Act passed before or in the same session as this Act and any other enactment made before the passing of this Act; (b) an enactment made, before the commencement of this section, under such an Act or such other enactment; "pre-commencement prerogative instrument" means a prerogative instrument made before or during the session in which this Act was passed.’" Clause 19 makes provision about transfer of Ministerial functions. The amendment provides for the transfer of all functions currently exercisable by Ministers of the Crown within devolved competence to the Welsh Ministers. Clause 19 stand part That schedule 3 be the Third schedule to the Bill Amendment 16, in clause 20, page 18, line 8, at end insert— "(ab) section 58B," Clause 20 amends the power in section 58 of the Government of Wales Act 2006 to make provision by Order in Council for the transfer of functions to the Welsh Ministers to authorise provision to be made in respect of "previously transferred functions". This amendment extends the definition of "previously transferred functions" to include functions transferred by the general transfer proposed by amendment 13. Clauses 20 and 21 stand part New clause 2—Welsh thresholds for income tax— "(1) Part 4A of the Government Wales Act 2006 is amended as follows (2) In section 116A(1)(a) (overview), after ‘of’ insert ‘and thresholds for’ (3) After section 116D insert— ‘116DA Power to set Welsh thresholds for Welsh taxpayers (1) The Assembly may by resolution (a "Welsh threshold resolution") set one or more of the following— (a) a Welsh threshold for the Welsh basic rate, (b) a Welsh threshold for the Welsh higher rate, (c) a Welsh threshold for the Welsh additional rate (2) A Welsh threshold resolution applies— (a) for only one tax year, and (b) for the whole of that year (3) A Welsh threshold resolution— (a) must specify the tax year for which it applies, (b) must be made before the start of that tax year, and (c) must not be made more than 12 months before the start of that year (4) If a Welsh threshold resolution is cancelled before the start of the tax year for which it is to apply— (a) the Income Tax Acts have effect for that year as if the resolution had never been made, and (b) the resolution may be replaced by another Welsh threshold resolution (5) The standing orders must provide that only the First Minister or a Welsh Minister appointed under section 48 may move a motion for a Welsh threshold resolution.’" This new clause would allow the National Assembly for Wales to determine the income thresholds at which income tax is payable by Welsh taxpayers. New clause 3—Income tax receipts— "(1) Section 120 (destination of receipts) of the Government of Wales Act 2006 is amended as follows (2) The Comptroller and Auditor General must certify for each tax year that Her Majesty’s Commissioners for Revenue and Customs have transferred the full amount of income tax paid by Welsh taxpayers in that tax year into the Welsh Consolidated Fund." This new clause would require the receipts from income tax paid by Welsh taxpayers to be paid into the Welsh Consolidated Fund.