HC Deb 02 March 1978 vol 945 cc681-2
Mr. Gwynfor Evans (Carmarthen)

I beg to move Amendment No. 43, in page 6, line 13, after 'Assembly', insert: '(a) may subject to subsections (7) and (8) of this section make laws to be called Welsh Assembly Acts; and (b)'.

The Chairman

With this we may take the following amendments: No. 46, in page 6, line 17, at end insert: 'and shall be empowered to amend by legislation any of the Acts listed in Schedule 2, in so far as their operation in Wales is concerned'.

No. 47, in page 6, line 21, after 'sub-section (1)', insert '(b)'.

No. 48, in page 6, line 21, at end add— '(3) A Welsh Assembly Act may amend or repeal a provision made by or under an Act of Parliament. (4) Proposed Welsh Assembly Acts shall be known as Bills, and a Bill shall become a Welsh Assembly Act when it has been passed by the Assembly and approved by Her Majesty in Council. (5) The validity of any proceedings leading to the enactment of a Welsh Assembly Act shall not be called in question in any legal proceedings. (6) Every Welsh Assembly Act shall be judicially noticed. (7) A Welsh Assembly Act shall be law only if or to the extent that it is within the legislative competence of the Assembly. (8) Any question whether a provision contained in a Welsh Assembly Act is within the legislative competence of the Assembly shall be determined in accordance with Part I of Schedule (Legislative Competence of Assembly) to this Act; and references in this Act to a Bill within the legislative competence of the Assembly are references to a Bill which, if it became a Welsh Assembly Act, would be wholly within the legislative competence of the Assembly. (9) The Secretary of State shall consider every Bill passed by the Assembly and—

  1. (a) if he is of opinion that it is not within the legislative competence of the Assembly he shall refer the question whether it is within that competence to the Judicial Committee of the Privy Council for decision, except in a case falling within paragraph (b) below; and
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  2. (b) if he is of opinion that the Bill is not compatible with Community obligations or any other international obligations of the United Kingdom or that it provides for matters which are or ought to be provided for in legislation passed by Parliament and implementing any such obligations, he shall certify to the Assembly that he is of that opinion and shall not submit the Bill to Her Majesty in Council for approval.
(10) A reference under subsection (9)(a) of this section may be confined to the question whether any specified provision of the Bill is within the legislative competence of the Assembly. (11) The decision of the Judicial Committee on any question referred to it under this section shall be stated in open court. (12) If the Judicial Committee decides that a Bill is not within the legislative competence of the Assembly the Secretary of State shall not submit it to her Majesty in Council for approval'.

We may also take the following new clauses: