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Government of Wales (Devolved Powers) Bill [HL]
[AS INTRODUCED]
CONTENTS
[AS INTRODUCED]

A

bill

to

Provide that powers devolved to Senedd Cymru must not be amended or withdrawn without a super-majority vote of its elected members; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Devolved powers not to be amended or withdrawn

(1)

The powers conferred upon Senedd Cymru by virtue of the Government of
Wales Act 1998, the Government of Wales Act 2006, the Wales Act 2014 and
the Wales Act 2017 (“the powers of Senedd Cymru”) must not be amended
or withdrawn without either the approval of a super-majority resolution of
the elected members of Senedd Cymru in accordance with the procedure set
out in section 2 or application of the procedure set out in section 3.

(2)

Any further powers devolved to Senedd Cymru are subject to the provisions
of subsection (1), in regard to both their introduction and any subsequent
amendment.

2 Consent procedure

(1)

Subject to section 3, a Minister of the Crown may not introduce a Bill in either
House of Parliament to amend or withdraw the powers of Senedd Cymru,
or proceed as the member in charge of such a Bill, unless the conditions in
subsections (2) and (3) have been met in respect of all provisions of the Bill
that would amend the powers of Senedd Cymru (“the amending provisions”).

(2)

The condition in this subsection is that the Minister has given notice of the
amending provisions to the Llywydd of the Senedd.

(3)

The condition in this subsection is that Senedd Cymru has resolved by a
simple majority of those present and voting to approve the amending
provisions, and within the period of two weeks beginning two weeks after
the day of that resolution the approval has been confirmed by a super-majority
resolution.

(4)

A “super-majority resolution” is a resolution that is supported by at least
two-thirds of all Senedd Members entitled to vote.

(5)

The Llywydd of the Senedd must inform the Speaker of each House of
Parliament in writing—

(a)

where a super-majority resolution is passed under subsection (3),
within the period of seven days beginning with the day of that
resolution;

(b)

where a motion to confirm a simple majority resolution is not passed
by a super-majority resolution, within the period of seven days
beginning with the day of that motion being determined;

(c)

where Senedd Cymru otherwise rejects the amending provisions,
within the period of seven days beginning with the day on which
rejection is determined.

(6)

Subject to section 3, if the amending provisions of a Bill have been rejected
by Senedd Cymru, a Minister of the Crown must not introduce any Bill, or
proceed as the member in charge of any Bill, which has amending provisions
of substantively the same effect within the same term of office of Senedd
Cymru, unless Senedd Cymru resolves to reconsider the matter by a simple
majority of members present and voting.

3 Dispute avoidance and resolution process


Where a Minister of the Crown wishes to introduce, or proceed as the member
in charge of, a Bill contrary to the requirements of section 2, the Minister
must—

(a)

refer the matter in dispute to be considered in accordance with the
dispute avoidance and resolution process, specified in Annex D of the
Cabinet Office Policy Paper titled “Review of intergovernmental
relations” published on 13 January 2022, without prejudice to the legal
provisions within the devolution settlements which govern matters
relating to legislative competence, and

(b)

lay a report before Parliament of that process at least seven days before
any further resolution relating to the matter in dispute being debated.

4 Compensation


Any financial losses incurred by Senedd Cymru as a consequence of the
amendment or withdrawal of its powers by any enactment of Parliament,
must be compensated by the Treasury and, in the event of a dispute, decided
in accordance with the dispute avoidance and resolution process in section
3.

5 Parliament Act 1911


In the Parliament Act 1911, in section 2(1), after “a Bill containing any
provision to extend the maximum duration of Parliament beyond five years”
insert “or a Bill to amend or repeal the Government of Wales (Devolved
Powers) Act 2022 unless supported by Senedd Cymru using the procedure
set out in section 2 of that Act”.

6 Extent, commencement and short title

(1)

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)

This Act comes into force on the day on which it is passed.

(3)

This Act may be cited as the Government of Wales (Devolved Powers) Act
2022.

Government of Wales (Devolved Powers) Bill [HL]
[AS INTRODUCED]

A

bill

to

Provide that powers devolved to Senedd Cymru must not be amended or withdrawn without a super-majority vote of its elected members; and for connected purposes.

Lord Wigley

Ordered to be Printed, .

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