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Recovery of Medical Costs for Asbestos Diseases (Wales) Bill

An Assembly Member Bill, introduced by Mick Antoniw AM.  Mick Antoniw AM was successful in a legislative ballot on 21 March 2012, and given leave to proceed with his Bill by the Assembly on 16 May 2012.  The Business Committee has remitted the Bill to the Health and Social Care Committee.

 

About the Bill

 

The key purposes of the Bill, on introduction, were to enable the Welsh Ministers to recover from a compensator (being a person by or on behalf of whom a compensation payment is made to or in respect of a victim of asbestos-related disease), certain costs incurred by the NHS in Wales in providing care and treatment to the victim of the asbestos-related disease.

 

Current Stage

 

The Bill fell at the end of the Fourth Assembly as it was not passed before the end of the Assembly in which it was introduced (Standing Order 26.77).

 

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

Bill introduced – 3 December 2012

 

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill, as introduced

 

Explanatory Memorandum

 

Presiding Officer’s Statement on Legislative Competence: 3 December 2012

 

Business Committee Report on the timetable for the consideration of the Bill

 

Research Service Bill Summary

 

Plenary Statement: Introduction of the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: 5 December 2012

 

Legislative Glossary – Recovery of Medical Costs for Asbestos Diseases (Wales) Bill - (Welsh language version only)

 

Stage 1 - Committee consideration of general principles

 

Consultation letter

 

Consultation responses

The Committee considered the Bill on the following dates:

 

5 December 2012

10 January 2013

16 January 2013

24 January 2013

7 February 2013

20 February 2013 (private)

 

Committee Stage 1 report

 

Constitutional and Legislative Affairs Committee report

 

Letter from Mick Antoniw AM to the Chair of the Constitutional and Legislative Affairs Committee regarding the Committee’s Report.

 

 

Stage 1 - Debate in plenary on general principles

A debate took place in Plenary on 19 March 2013. The motion to agree the general principles of the Bill was agreed.

Financial Resolution

 

A Financial Resolution in relation to the Recovery of Medical Costs for Asbestos Diseases (Wales) Bill was agreed in Plenary on 19 March 2013.

Stage 2 - Committee consideration of amendments

 

Stage 2 consideration took place in Committee on 24 April 2013.

 

Concise Minutes: 24 April 2013

 

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill, as amended at Stage 2 (Amendments to the Bill since the previous version are indicated by sidelining in the right margin).

 

Notice of Amendments: 15 April 2013

Notice of Amendments: 17 April 2013

Marshalled List: 24 April 2014

Grouping of Amendments: 24 April 2013

 

Explanatory Memorandum, revised after stage 2

 

Research Service Bill Summary 2

 

Stage 3 - Plenary consideration of amendments

 

Stage 3 consideration and disposal of amendments took place in Plenary on 20 November 2013.

 

 

Correspondence between the Association of British Insurers and the Presiding Officer

 

Further correspondence between the Association of British Insurers and the Presiding Officer – November 2013

 

Notice of Amendments: 24 May 2013

Notice of Amendments: 29 May 2013

Notice of Amendments: 7 November 2013

Marshalled List of Amendments: 20 November 2013

Groupings of Amendments: 20 November 2013

 

Stage 4 - Passing of the Bill in Plenary

 

The Bill was agreed by the Assembly in accordance with SO 12.36 on 20 November 2013.

Bill as passed

Post-stage 4

 

During the four week period of intimation which follows the passing of the Bill by the Assembly at Stage 4, the Counsel General or the Attorney General may refer the question whether the Bill, or any provision of the Bill, would be within the Assembly’s legislative competence to the Supreme Court for decision (section 112 of the Government of Wales Act). Similarly, the Secretary of State for Wales may make an order prohibiting the Clerk of the Assembly from submitting the Bill for Royal Assent. An explanation of this stage can be found here.

The Counsel General wrote to the Chief Executive and Clerk of the Assembly on 11 December 2013 to advise that he would be referring the Bill to the Supreme Court under Section 112 of the Government of Wales Act 2006. This letter can be found here together with the response from the Attorney General.

The Supreme Court handed down its Judgment on this case on 9 February 2015. The Supreme Court found that the Assembly does not have the legislative competence to enact the Bill in its present form. Details of the judgment can be accessed here (external website).

Under Standing Order 26.53, any Assembly Member may propose that the Bill proceeds to Reconsideration Stage.

An explanation of the various stages of Assembly Bills is available.

This bill has fallen at the end of the Fourth Assembly and no further proceedings may be taken on this bill (Standing Order 26.76)

 

 

Contact information

 

Phone: 0300 200 6565

Email: Contact@Assembly.Wales

Business type: Bill

Reason considered: Assembly Business;

Status: Complete

First published: 02/04/2013

Lead member: Mick Antoniw AM

Documents

Consultations

 

 

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