Assembly Members to vote whether to “trigger” a referendum

Members of the National Assembly for Wales will decide on Tuesday (9 Feb) whether to recommend that there should be a referendum on the legislative powers of the Assembly.

The motion recommending a referendum is being proposed by the Welsh Government, following the Report of the All Wales Convention, published in November 2009.  

The Government of Wales Act 2006 (“the Act”) sets out the current law making process of the Assembly. The Assembly can pass legislation, known as “Assembly Measures”, in matters where the UK Parliament has agreed that it should have the powers to do so. The Act also allows the Assembly to request that a referendum should be held on whether we should move to the law making process which permits the Assembly to legislate in any devolved area without reference to Westminster.  

40 Assembly Members have to vote in favour in order to “trigger” the request for a referendum. If agreed, the First Minister will notify the Secretary of State for Wales. The Secretary of State for Wales then has 120 days to draft a piece of legislation (“ draft Order”) which would include the question of the referendum and the date.

That draft Order would then have to be agreed by 40 Members of the Assembly and approved in both the House of Commons and House of Lords.

Notes:

The Plenary agenda for 9 February can be found here:

http://www.assemblywales.org/bus-home/bus-chamber/bus-chamber-third-assembly-agendas.htm?act=dis&id=165001&ds=2/2010

You can watch the debate live on Senedd TV:

http://www.senedd.tv/

You can find a Guide to the Legislative Process here:

http://www.assemblywales.org/bus-home/bus-legislation/bus-legislation-guidance.htm

You can also look at the findings of the All Wales Convention at: http://allwalesconvention.org/getinformed/thereport/thereport/?lang=en