§ Mr. Bernard Jenkin (North Essex)I beg to move amendment No. 288, in page 25, line 30, at end insert—
'(7) Any remaking or revision of standing orders shall not come into effect unless a draft thereof has been approved by resolution of each House of Parliament.'.
§ The First Deputy Chairman of Ways and Means (Mr. Michael J. Martin)With this, it will be convenient to take amendment No. 292, in clause 49, page 26, line 17, leave out from 'shall' to end of line 19 and insert—
'not have effect until a draft thereof has been approved by resolution of each House of Parliament.'.
§ Mr. JenkinI shall be extremely brief, as time is short as a result of the private notice question. Clause 45 sets out the conditions for providing and remaking standing orders in the Assembly. Interestingly, clause 45(2) says:
But subsection (1) is subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly (or of committees of the Assembly or sub-committees of such committees).The interesting feature of the subsection is that it makes explicit Parliament's continuing power to pass Acts to regulate the standing orders of the Welsh Assembly. My first question to the Minister is why that subsection, which reasserts Parliament's powers so explicitly, is necessary at that point in the Bill, if at all. It seems a little strange.Amendment No. 288 is simply a probing amendment that suggests that, if we are to have the ultimate power, we should have an on-going, neater power to regulate the Assembly's standing orders. Our amendment would add a new subsection, suggesting that any remaking or revision of standing orders shall not come into effect until a resolution of both Houses has been passed.
That would balance what is suggested by the Government in clause 49. It states that commissioners will draw up the draft standing orders, which will then be submitted to the Secretary of State who, according to clause 49(3), can make
such modifications as he considers appropriate.If the Secretary of State is to have that power over the initial standing orders of the Assembly, we rather think that that power should be regulated by the House of Commons. We have suggested that the initial standing orders should not have effect until a draft thereof has been approved by the resolution of each House of Parliament, and that constitutes amendment No. 292.As things stand, the two clauses seem to be rather unclear in their ultimate intention. I look forward to hearing the Minister's comments on the amendments.
§ The Parliamentary Under-Secretary of State for Wales (Mr. Win Griffiths)I consider neither amendment to be appropriate as both would impinge on the power that the assembly will have to determine its standing orders. The hon. Member for North Essex (Mr. Jenkin) is correct to say that the Secretary of State will produce the first standing orders once he has considered advice from the commissioners. Subsection (5) provides that the standing orders can be subject to revision by the assembly. Indeed, they can be remade by it.
Given the way in which we have constructed the Bill, we have every confidence that the assembly will be able to run its own business without having reference to the House of Commons. To have continual reference, every time the assembly wanted to change its standing orders, to the House of Commons so as to seek its approval would be inappropriate. I ask the Committee to reject the amendments.
§ Mr. JenkinWhy do we need subsection (2)?
§ Mr. GriffithsI was rather puzzled when it became clear that the hon. Gentleman wanted to make such a point about the subsection. I still cannot see that it has any real relevance to the amendments. I shall perhaps have a further discussion with him in more congenial surroundings to ascertain exactly what he is trying to get at.
§ Mr. JenkinI beg to ask leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§ Clause 45 ordered to stand part of the Bill.