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Draft Government of Wales Act 2006 (Amendment) Order 2019

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Draft Government of Wales Act 2006 (Amendment) Order 2019 PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT Eleventh Delegated Legislation Committee DRAFT GOVERNMENT OF WALES ACT 2006 (AMENDMENT) ORDER 2019 Thursday 24 October 2019 No proofs can be supplied. Corrections that Members suggest for the final version of the report should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Monday 28 October 2019 © Parliamentary Copyright House of Commons 2019 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1 Eleventh Delegated 24 OCTOBER 2019 Legislation Committee 2 The Committee consisted of the following Members: Chair: SIR DAVID AMESS † Antoniazzi, Tonia (Gower) (Lab) † Keegan, Gillian (Chichester) (Con) † Bruce, Fiona (Congleton) (Con) † Lewer, Andrew (Northampton South) (Con) † Cadbury, Ruth (Brentford and Isleworth) (Lab) McKinnell, Catherine (Newcastle upon Tyne North) Campbell, Mr Ronnie (Blyth Valley) (Lab) (Lab) † Clark, Colin (Lord Commissioner of Her Majesty’s † Metcalfe, Stephen (South Basildon and East Treasury) Thurrock) (Con) † Duffield, Rosie (Canterbury) (Lab) † Ruane, Chris (Vale of Clwyd) (Lab) † Ford, Vicky (Chelmsford) (Con) † Smith, Nick (Blaenau Gwent) (Lab) † Foster, Kevin (Parliamentary Under-Secretary of Williams, Dr Paul (Stockton South) (Lab) State for Wales) † Henderson, Gordon (Sittingbourne and Sheppey) Kevin Candy, Committee Clerk (Con) † Jones, Mr David (Clwyd West) (Con) † attended the Committee 3 Eleventh Delegated HOUSE OF COMMONS Legislation Committee 4 included all the functions within the devolved competence Eleventh Delegated of the Assembly contained in the main pieces of electoral Legislation Committee legislation. However, the effect of paragraph 12 of schedule 7B to the 2006 Act is that reference to the devolved competence of the Assembly in the 2018 order Thursday 24 October 2019 does not include an Assembly provision requiring the consent of a Minister of the Crown. Owing to the consent requirements related to EROs [SIR DAVID AMESS in the Chair] that I have already outlined, it follows that Minister of the Crown functions related to the devolved functions Draft Government of Wales Act 2006 of EROs did not transfer to Welsh Ministers through (Amendment) Order 2019 the 2018 order as was intended. The draft order therefore provides that powers to modify the devolved functions 11.30 am of EROs will be treated as transferring to Welsh Ministers under the 2018 order on the date that the draft order The Parliamentary Under-Secretary of State for Wales comes into force. That will enable Welsh Ministers to (Kevin Foster): I beg to move, make the necessary regulations for the canvass reforms That the Committee has considered the draft Government of in respect of devolved polls. Wales Act 2006 (Amendment) Order 2019. I welcome the very positive engagement that has It is a pleasure to serve under your chairmanship, taken place with the Welsh Government in developing Sir David. The draft order covers both the ministerial the draft order, which has also been laid before the hats I wear. It amends the consent requirements in National Assembly for approval. schedule 7B to the Government of Wales Act 2006 in respect of electoral registration officers. It also makes clear how that amendment interacts with provisions in 11.34 am the Welsh Ministers (Transfer of Functions) Order 2018, Chris Ruane (Vale of Clwyd) (Lab): May I say what a so that functions over EROs are transferred to Welsh pleasure it is to serve under your chairmanship, Sir David? Ministers. This is the second such occasion in less than a week, as I The UK, Welsh and Scottish Governments have attended the meeting on endometriosis that you chaired committed to reforming the annual canvass process, last week, and I pay tribute to your qualities as a and those reforms will improve the ability of EROs to chairman. I also pay tribute to the Minister. He is a identify properties where household composition has consensual and easy-going Minister, and I do not intend changed, allowing them to target resources towards to give him a hard time on this occasion, because I fully those properties. Today’s changes are part of that. support the draft order and this transfer of functions to Electoral registration officers are appointed under the Welsh Government. It is a sensible way of doing section 8 of the Representation of the People Act 1983, business with Wales. and under the Welsh devolution settlement are classed I was at a meeting yesterday where, on other issues, as reserved authorities. That is because, although they Welsh and Scottish Ministers feel that they have been exercise functions in relation to Assembly and local treated like children, and not in a very mature way. government elections in Wales, which are devolved matters, Today that is not the case; I think we are treating the they mainly exercise functions in relation to reserved Welsh Government and politicians in Wales in an adult polls, such as UK parliamentary elections or police and way, and it is long overdue. crime commissioner elections. Giving the Welsh Government, with all the functions Paragraphs 8 and 10 of schedule 7B to the 2006 Act they have, full licence to do what they want in this area place restrictions on the Assembly’s ability to impose, without coming back to London to seek permission for modify or remove functions of reserved authorities this or for that means that all the ducks are in a row now without the consent of the UK Government. That and they can pursue the initiatives that they want to means that, although the National Assembly for Wales pursue. That is the great thing about devolution. We has legislative competence for Assembly and local have four Chambers—five, if we include London—where government elections, it cannot modify the devolved good practice can be looked at and experimented with. functions of EROs without a Minister of the Crown’s The best practice can then be spread around the whole consent. Let me assure the Committee that that was not of the United Kingdom. the Government’s intention. The measure is eminently sensible. In fact, Lord Griffiths A small number of reserved authorities are carved of Burry Port highlighted a great Welsh word, which out of the consent requirements, because they, like describes what has gone on in the Lords and what will EROs, exercise a mix of devolved and reserved functions. hopefully go on here today: “tidy”. This is tidy; we have Such authorities include the Electoral Commission and tidied things up, made them presentable and allowed the Food Standards Agency. Article 2 of the draft order the Welsh Government to do what they are supposed to addresses the issue by adding EROs to the list, so that in do. future the Assembly can modify their devolved functions I could bore for Britain on this subject. I have been without needing the UK Government’s agreement. switched on to the issue of electoral registration since Article 3 makes clear the effect of carving out EROs 2001, when I found out that 4,000 of my constituents from the consent requirements in the Welsh Ministers had disappeared—not physically, but they were off the (Transfer of Functions) Order 2018. The 2018 order register. I have maintained an interest in it. I think that I sought to transfer the remaining Minister of the Crown have tabled 1,000 questions on electoral registration functions in devolved areas to Welsh Ministers. That and registration issues. 5 Eleventh Delegated 24 OCTOBER 2019 Legislation Committee 6 I question what the Government are doing nationally with the Welsh Government. The Cabinet Office, the Welsh with individual electoral registration and photo ID. I Government, local government in England, and Scotland believe that those measures have been used in America are looking to see how we can improve the process. by the Republicans in their attempts at voter suppression. However,this order is not voter suppression; it extends the Nick Smith (Blaenau Gwent) (Lab): On the point ability of the National Assembly to get on with its job. about the UK Government supporting the Welsh The National Assembly already pursues many excellent Government and EROs in boosting electoral registration, policies on electoral registration, including extending when talking to my ERO in Blaenau Gwent, I found out the vote to 16 and 17-year-olds for local elections and that when young people try to register to vote, the single National Assembly elections. I hope that what we are most common reason for them not registering to vote passing here today will enable the National Assembly to properly is their inability to provide their national insurance go on and do even bigger and better things. It should number. It is a simple thing, and many of us know it off explore the ways in which young people can be registered by heart, but young people have not learned it yet. Will to vote at the age of 15 and three quarters. On the day the new regulation allow EROs in Wales, or Welsh that they get their national insurance number at 15 and Government Ministers, to have stronger influence over three quarters, hopefully the National Assembly will now the Department for Work and Pensions, so that there is have the powers to register them, perhaps even at school. better digital transfer of information, particularly around NI numbers, allowing EROs to target young people and I hope that the National Assembly ensures that all provide that information as part of their boosting of EROs fulfil their statutory responsibility and knock on electoral registration to support the growth of our every door of every non-responder, and take forceful democracy, as recommended by my hon.
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