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Law Derived from the European Union (Wales) Act 2018

A Government Emergency Bill, introduced by Mark Drakeford AM, Cabinet Secretary for Finance. An Emergency Bill is a Government Bill that needs to be enacted more quickly than the Assembly’s usual four stage legislative process allows. A definition of an Emergency Bill is not provided in the Government of Wales Act 2006 (“the 2006 Act”) or in the Assembly’s Standing Orders, however Standing Order 26.95 states that:

 

“If it appears to a member of the government that an Emergency Bill is required, he or she may by motion propose that a government Bill, to be introduced in the Assembly, be treated as a government Emergency Bill.”

 

As with all Assembly Bills, Emergency Bills must relate to one or more of the 21 Subjects contained in Schedule 7 to the 2006 Act in order for it to be within the scope of the Assembly’s legislative powers. 

 

About the Bill

The Bill is intended to preserve EU law covering subjects devolved to Wales on withdrawal of the UK from the EU. Further, it will enable the Welsh Ministers to ensure that legislation covering these subjects works effectively after the UK leaves the EU and the European Communities Act 1972 is repealed by the European Union (Withdrawal) Bill.

 

The Bill enables the Welsh Ministers to legislate to maintain regulatory alignment with the EU in order to facilitate continued access to the EU market for Welsh Businesses. It also creates a default position in law whereby the consent of the Welsh Ministers will be required before any changes are made by UK Ministers to devolved legislation within the scope of EU law.

 

Further detail about the Bill can be found in its accompanying Explanatory Memorandum.

 

Current Stage

Act

The Law Derived from the European Union (Wales) Act 2018 became law in Wales on 6 June 2018.

 

Record of Passage in the National Assembly for Wales

The following table sets out the dates for each stage of the Bill’s passage through the National Assembly for Wales.

 

Stage

Documents

Motion to propose this be treated as a Government Emergency Bill

 

Motion to agree a timetable

 

Tabled 27 February 2018, for debate on 6 March 2018

 

Timetable (PDF, 10KB)

Bill introduced: 7 March 2018

Law Derived from the European Union (Wales) Bill, as introduced (PDF, 142KB)

 

Explanatory Memorandum (PDF, 851KB)

 

Presiding Officer’s Statement: 27 February 2018 (PDF, 127KB)

 

Presiding Officer’s Statement: Note to Assembly Members - 27 February 2018 (PDF, 145KB)

 

Bill Summary

 

Committee consideration of the Bill

The Constitutional and Legislative Affairs Committee considered the Bill on the following dates:

 

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

12 March 2018

Cabinet Secretary for Finance

12 March transcript

View the meeting of 12 March 2018

 

The Constitutional and Legislative Affairs Committee laid its report on the Bill on 13 March 2018.

Response from the Cabinet Secretary for Finance - 16 March 2018

 

Stage 1: Debate in Plenary on general principles

A debate took place in Plenary on 13 March 2018. The motion to agree the general principles of the Bill was agreed.

Financial Resolution

A Financial Resolution in relation to the Law Derived from the European Union (Wales) Bill was agreed in Plenary on 13 March 2018.

Stage 2: Committee consideration of amendments

Stage 2 consideration took place in the Committee of the Whole Assembly on 20 March 2018.

 

Notices of Amendments

Notice of Amendments – 15 March 2018 (PDF, 69KB)

Welsh Government: Purpose and Effect table – 15 March 2018 (PDF, 186KB)

Notice of Amendments – 16 March 2018 (PDF, 91KB)

Marshalled List of Amendments – 20 March 2018 (PDF, 98KB)

Groupings of amendments - 20 March 2018 (PDF, 67KB)

 

Law Derived from the European Union (Wales) Bill, as amended at Stage 2 (PDF, 148KB) (Amendments to the Bill since the previous version are indicated by sidelining in the right margin)

Printing Changes to the Bill as amended at Stage 2 (PDF, 135KB)

 

Stage 3: Plenary consideration of amendments

Stage 3 consideration and disposal of amendments took place in Plenary on 21 March 2018.

 

Notices of Amendments

Notice of amendments – 20 March 2018 (PDF, 82KB)

Welsh Government: Purpose and Effect table - 20 March 2018 (PDF, 166KB)

Marshalled List of Amendments – 21 March 2018  (PDF, 79KB)

Groupings of amendments - 21 March 2018 (PDF, 67KB)

 

Law Derived from the European Union (Wales) Bill, as amended at Stage 3 (PDF, 150KB) (Amendments to the Bill since the previous version are indicated by sidelining in the right margin)

 

Stage 4: Passing of the Bill in Plenary

The Bill was agreed by the Assembly on 21 March 2018.

 

Law Derived from the European Union (Wales) Bill, as passed (PDF, 150KB)

 

Presiding Officer’s Statement - Section 111A(3) of the Government of Wales Act 2006 – Law Derived from the European Union (Wales) Bill – 21 March 2018 (PDF, 188KB)

 

Post-stage 4

The Attorney General (PDF, 22KB) wrote to the Chief Executive and Clerk of the Assembly on 17 April 2018 to advise that he would be referring the Bill to the Supreme Court under Section 112 of the Government of Wales Act 2006.

 

The Secretary of State for Wales (PDF, 50KB) wrote to the Presiding Officer on 16 April 2018 to advise that he did not intend to make an Order under Section 114 of the Government of Wales Act 2006 at this current time.

 

The Counsel General for Wales (PDF, 191KB) wrote to the Chief Executive and Clerk of the Assembly on 17 April 2018 to advise that he would not be referring the Bill to the Supreme Court under Section 112 of the Government of Wales Act 2006.

 

The Counsel General wrote to the Presiding Officer on 23 May informing her that the Supreme Court had formally indicated that the reference of the Law Derived from the European Union (Wales) Bill had been withdrawn with the consent of all the parties.

 

The Secretary of State for Wales (PDF, 144KB) wrote to the Presiding Officer on 25 May 2018 to advise that he did not intend to make an Order under Section 114 of the Government of Wales Act 2006.

 

Royal Assent

Royal Assent (PDF, 71KB) was given on 6 June 2018.

 

 

Contact information

Clerk: Gareth Rogers

Phone: 0300 200 6357

 

Postal address:

National Assembly for Wales

Cardiff Bay

Cardiff     CF99 1NA

 

Email: legislation@Assembly.Wales

Business type: Bill

Reason considered: Government Business;

Status: Complete

First published: 07/03/2018

Decision due: Meeting Date by Business Committee, Committee of the Whole Assembly, Plenary

Documents

 

 

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