ASSEMBLY FIRST SECRETARY AND ASSEMBLY SECRETARIES (Hansard, 25 March 1998)

Mr. Deputy Speaker

With this, it will be convenient to discuss the following: Amendment (c) to the proposed clause, in line 5, after 'Secretary,' insert 'subject to the approval of the Subject Committee of which that Assembly Secretary is a member.'. Amendment (a) to the proposed clause, in line 5, at end insert—

'(2A) The Assembly First Secretary shall appoint—

(a) one Assembly Secretary as the Financial Secretary; and
(b) one Assembly Secretary as the Business Manager.

(2B) The Assembly First Secretary shall not appoint the same Assembly Secretary as Financial Secretary and Business Manager.'.

Amendment (d) to the proposed clause, in line 5, at end insert— '(2A) Any appointment under subsection (2) above shall not have effect unless it is confirmed by a decision of the Assembly as a whole.'. Amendment (b) to the proposed clause, in line 6, leave out from (3) to end of line 7 and insert— 'There shall be no more than eight Assembly Secretaries in addition to the Assembly First Secretary.'. Government new clause 21—Executive committee— '.—(1) There shall be a committee of the Assembly whose members shall be—

(a) the Assembly First Secretary, who shall chair it, and
(b) the Assembly Secretaries.

(2) The committee shall be known by such title as the standing orders may provide (but is referred to in this Act as the executive committee).
(3) The Assembly First Secretary shall allocate accountability in the fields in which the Assembly has functions to members of the executive committee so that, in the case of each of those fields, accountability in the field is allocated either to one of the Assembly Secretaries or to him.
(4) The Assembly First Secretary need not make an allocation under subsection (3) to every member of the executive committee; but the number of Assembly Secretaries to whom no such allocation is made shall not exceed such number as may be specified in, or determined in accordance with, the standing orders.
(5) For the purposes of this section and section (Subject committees) "accountability", in relation to a member of the executive committee and a field, means that he is the member of the executive committee accountable to the Assembly (in accordance with standing orders under subsection (7)) for the exercise of the Assembly's functions in that field, except the exercise of functions by the executive committee (or by the Assembly itself).
(6) The Assembly First Secretary is accountable to the Assembly (in accordance with standing orders under subsection (7)) for the exercise of functions by the executive committee.
(7) The standing orders must include provision for allowing Assembly members to question (orally or in writing, as Assembly members prefer)—

(a) each member of the executive committee about the exercise of the Assembly's functions in the field or fields in which he is accountable, except the exercise of functions by the executive committee (or by the Assembly itself), and
(b) the Assembly First Secretary about the exercise of functions by the executive committee.

(8) In this section—

(a) references to the exercise of functions by the executive committee include the exercise of functions by a subcommittee of that committee or by members of the Assembly's staff in pursuance of a delegation to the Assembly's staff by either that committee or such a sub-committee, and
(b) references to the exercise of functions by the Assembly itself include the exercise of functions by members of the Assembly's staff in pursuance of a delegation to the Assembly's staff by the Assembly itself.'.

Amendment (a) to the proposed clause, in line 4, after 'known', insert 'as the Assembly Cabinet or'. Amendment (c) to the proposed clause, in line 7, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (d) to the proposed clause, in line 10, leave out from '(4)' to end of line 13 and insert— 'The Assembly First Secretary shall make an allocation under subsection (3) to every Assembly Secretary except that no such allocation shall be made to the Financial Secretary or the Business Manager.'. Amendment (e) to the proposed clause, in line 11, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (f) to the proposed clause, in line 15, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (g) to the proposed clause, in line 16, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (h) to the proposed clause, in line 18, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (i) to the proposed clause, in line 22, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (j) to the proposed clause, in line 25, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (k) to the proposed clause, in line 27, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (l) to the proposed clause, in line 29, leave out 'executive committee' and insert 'Assembly Cabinet'.

Amendment (m) to the proposed clause, in line 32, leave out 'executive committee' and insert 'Assembly Cabinet'.

Government new clause 22—Subject committees—

'.—(1) The Assembly shall establish committees with responsibilities in the fields in which the Assembly has functions.

(2) The committees established under this section shall be known by such titles as the standing orders may provide (but are referred to in this Act as subject committees).
(3) There shall be the same number of—

(a) subject committees, and
(b) members of the executive committee to whom the Assembly First Secretary allocates accountability in any of the fields in which the Assembly has functions.

(4) The division between the subject committees of the fields in which those committees have responsibilities and the division between members of the executive committee of the fields in which accountability is allocated to members of that committee shall be the same; and the member of the executive committee who has accountability in the field or fields in which a subject committee has responsibilities shall be a member of that subject committee.
(5) The Assembly shall elect a number of Assembly members to be a panel from which the members who are to chair the subject committees are to be selected; and the members of the panel shall be elected so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the panel.
(6) The number of members of the panel at any time shall be equal to the number of subject committees at that time; and each member of the panel shall be selected to chair one (but not more than one) subject committee.
(7) A subject committee shall have such number of members (in addition to the person who is a member of the committee by virtue of subsection (4) and the member who chairs it) as the standing orders may provide.
(8) Those other members shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee (including the person who is a member by virtue of subsection (4) and the member who chairs it).'.

Amendment (a) to the proposed clause, in line 3, after 'known', insert 'as Select Committees or'.

Amendment (c) to the proposed clause, in line 7, leave out 'subject' and insert 'select'.

Amendment (d) to the proposed clause, in line 11, leave out 'subject' and insert 'select'.

Amendment (e) to the proposed clause, in line 15, leave out 'subject' and insert 'select'.

Amendment (f) to the proposed clause, in line 16, leave out 'subject' and insert 'select'.

Amendment (g) to the proposed clause, in line 18, leave out 'subject' and insert 'select'.

Amendment (h) to the proposed clause, in line 22, leave out 'subject' and insert 'select'.

Amendment (i) to the proposed clause, in line 23, leave out 'subject' and insert 'select'.

Amendment (j) to the proposed clause, in line 24, leave out 'subject' and insert 'select'.

Government new clause 23—Delegation of functions—

'.—(1) The Assembly may delegate functions of the Assembly (to such extent as the Assembly may determine) to—

(a) any committee of the Assembly, or
(b) the Assembly First Secretary.

(2) Any committee of the Assembly, apart from the Audit Committee, may delegate functions of the committee (to such extent as the committee may determine) to a sub-committee of the committee.
(3) In addition—

(a) the executive committee may delegate functions of the executive committee (to such extent as the executive committee may determine) to the Assembly First Secretary or an Assembly Secretary, and
(b) a subject committee may delegate functions of the subject committee (to such extent as the subject committee may determine) to the member of the executive committee who is a member of the subject committee by virtue of section (Subject committees)(4).

(4) A sub-committee of the executive committee may delegate functions of the sub-committee (to such extent as the sub-committee may determine) to the Assembly First Secretary or an Assembly Secretary; and a sub-committee of a subject committee may delegate functions of the sub-committee (to such extent as the sub-committee may determine) to the member of the executive committee who is a member of the subject committee by virtue of section (Subject committees)(4).
(5) The Assembly First Secretary may delegate functions of his (to such extent as he may determine) to an Assembly Secretary.
(6) In delegating a function under any provision of this section the Assembly, a committee of the Assembly or a sub-committee of such a committee may limit or prohibit its further delegation under this section or section (Exercise of functions by Assembly staff) (or both).
(7) Where a function has been delegated to the Assembly, this section applies to the function subject to the terms of the delegation to the Assembly.
(8) The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made.'.

Government new clause 24—Exercise of functions by Assembly staff—

'.—(1) Each of the following —

(a) the Assembly,
(b) any committee of the Assembly, apart from the Audit Committee,
(c) any sub-committee of a committee of the Assembly,
(d) the Assembly First Secretary, and
(e) any Assembly Secretary,may delegate functions to the Assembly's staff.

(2) Where a function is delegated to the Assembly's staff it is for the Permanent Secretary to the Assembly to make arrangements as to which member or members of the Assembly's staff is or are to exercise the function; and in this subsection "the Permanent Secretary to the Assembly" means the person appointed in accordance with section 35(1) and (3) to be the head of the Assembly's staff (whether or not that person is known by the title of Permanent Secretary to the Assembly).
(3) Where a function has been delegated to the Assembly, this section applies to the function subject to the terms of the delegation to the Assembly.
(4) The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made.'.

Amendment (a) to the proposed clause, in line 7, after 'may' insert 'not'.

Amendment (b) to the proposed clause, in line 7, at end insert 'other than administrative duties.'.

Amendment (c) to the proposed clause, in line 8, leave out 'function' and insert 'duty under subsection (1)'.

Amendment (d) to the proposed clause, in line 10, leave out 'function' and insert 'duty'.

Amendment (e) to the proposed clause, in line 14, leave out 'function' and insert 'duty under subsection (1)'.

Amendment (f) to the proposed clause, in line 15, leave out 'function' and insert 'duty'.

Amendment (g) to the proposed clause, in line 16, leave out 'function' and insert 'duty under subsection (1)'.

Amendment (h) to the proposed clause, in line 17, leave out 'function' and insert 'duty'.

Government new clause 25—Categories of staff— '.—(1) There shall be three categories among the staff of the Assembly.

(2) The categories shall be—

(a) staff who assist members of the Assembly of all registered political parties in performing their functions in the Assembly and its committees, who shall be known as the parliamentary staff,
(b) staff who assist members of the Assembly of one registered political party only, who shall be known as the political staff, and
(c) staff who perform executive functions on behalf of the Assembly or its committees, who shall be known as the executive staff.

(3) The Assembly shall make provision in respect of—

(a) the numbers of staff in each category,
(b) the transfer of staff from one category to another, and
(c) the designation of functions referred to in subsection (2).

(4) Nothing in this section shall prevent executive staff from providing services for other categories of staff where it appears appropriate to the Assembly First Secretary and the presiding officer of the Assembly.'

New clause 29—Codes of practice— 'The Minister for the Civil Service shall consult the Assembly on any codes of practice or procedure relating to or applicable to staff appointed by the Assembly who serve in Her Majesty's Home Civil Service.'. New clause 32—Assembly corporate body— '—(1) There shall be a body corporate to be known as "The Welsh Assembly Corporate Body" (referred to in this Act as the corporation) to perform the statutory functions conferred on the corporation and any functions conferred on the corporation by resolution of the Parliament.

(2) The members of the corporation shall be—

(a) the Presiding Officer; and
(b) four members of the Assembly appointed in accordance with standing orders.

(3) The corporation shall provide the Assembly or ensure that the Assembly is provided, with the property, staff and services required for the Assembly's purposes.
(4) The Assembly may give special or general directions to the corporation for the purpose of or in connection with the exercise of the corporation's functions.
(5) Proceedings by or against the Assembly shall be instituted by or (as the case may be) against the corporation on behalf of the Assembly.
(6) Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the corporation to which (apart from this subsection) the Assembly would be entitled or subject shall be treated for all prposes as property or (as the case may be) liabilities of the corporation.
(7) Any expenses of the corporation shall be payable out of the Consolidated Fund.
(8) Any sums received by the corporation shall be paid into that Fund.
(9) Schedule (Welsh Assembly Corporate Body) (which makes further provision about the corporation) shall have effect.'.

New clause 33—Clerk of the Assembly—

'.—(1) There shall be a Clerk of the Assembly.
(2) The Clerk shall be appointed by the Assembly Corporate Body (established under section (Assembly Corporate Body).
(3) The Clerk's functions may be exercised by any Assistant Clerk if the office of Clerk is vacant or the Clerk is for any reason unable to act.
(4) The Clerk may authorise any Assistant Clerk or other member of the staff of the Parliament to exercise functions on his behalf.'.

Amendment No. 250, in clause 1, page 1, leave out line 11.

Government amendments Nos. 122 and 123.

534 Amendment No. 231, in clause 35, page 21, line 20, after '(2), insert— 'Subject to paragraphs (2A) and (2B) below,'. Amendment No. 232, in page 21, line 21, at end insert—

'(2A) The Assembly may appoint staff to be called Officers of the Assembly who shall be not more than ten in number and who shall not be in the service of Her Majesty's Home Civil Service.
(2B) Officers of the Assembly shall be paid out of monies received by the Assembly from the Secretary of State.'.

Government amendment No. 83.

Amendment No. 233, in page 21, line 34, after 'staff', insert 'but not including officers of the Assembly.'. Government amendments Nos. 124 to 130, 164, 131 to 136, 139, 88, 141, 150 to 152, 142 and 143.

Amendment No. 198, in clause 149, page 69, line 38, at end insert '"executive committee" means the Assembly Cabinet,'. Amendment No. 199, in page 69, line 40, leave out ', and' and insert '"subject committee" means a Select Committee of the Assembly, and'. Government amendments Nos. 144 to 149.

New schedule 1—ASSEMBLY CORPORATE BODY—