Commentary on Sections and Schedules Proceedings etc. Section 31: Standing orders
143.This section requires Assembly proceedings (which include the proceedings of committees and sub-committees) to be regulated by standing orders.
144.Amongst matters for which standing orders must, under provisions of the Act other than this section itself, expressly make provision are the following:
145.The Act also empowers (but does not oblige) standing orders to be made covering, amongst others, the following matters:
146.Because of the change in the structure and functions of the Assembly the standing orders relating to the Assembly constituted under GoWA will not be suitable for use in relation to the Assembly constituted under this Act. Consequently, new standing orders will need to be provided in readiness for use by the Assembly at its first meeting after the May 2007 election.
147.Paragraph 20 of Schedule 11 sets out how the new standing orders are to be made. In summary, the new standing orders must be made by the Secretary of State by no later than 31st March 2007. In making the standing orders, the Secretary of State must give effect to proposals submitted to the Secretary of State by the Assembly (as currently established) no later than 28th February 2007, provided that those proposals have been approved by a two-thirds voting majority in the Assembly. As a minimum, the standing orders have to include the mandatory provisions required by the Act . Both the standing orders made by the Secretary of State, and the Assembly’s proposals as to what provisions they should include, must be made in both English and Welsh.
148.The standing orders are to have effect as the standing orders for the reconstituted Assembly at and from its first meeting after the ordinary election in May 2007, unless and until they are remade or revised by the Assembly in accordance with section 31(7), which requires any changes to the standing orders to be approved by a two-thirds voting majority in the Assembly.
149.Standing orders must make provision for preserving order in Assembly proceedings, including provision for preventing conduct that could constitute a criminal offence or contempt of court and provision for a sub judice rule to prevent matters which are the subject of ongoing court proceedings to be raised in questions or debate.
150.Standing orders may include provision for excluding Assembly members from proceedings and for withdrawing from an Assembly member rights and privileges of membership.
151.Standing orders must make provision for Assembly proceedings normally to be held in public, but allows standing orders to specify circumstances where committee proceedings may be in private. They may set out conditions with which members of the public who are attending Assembly proceedings must comply, and can provide for the exclusion of a member of the public who does not comply with those conditions.
152.Standing orders must provide for those Assembly proceedings that are held in public to be reported, and for reports to be published as soon as practicable.
153.The Assembly may, by resolution supported by at least two-thirds of the members voting, remake or revise the standing orders. The Clerk of the Assembly must publish standing orders from time to time.