Chapter 4B
Bicameral Type Government
(Two Chamber Parliament)
[Part] IV Organisation of the State
[Section] A The Senedd of Wales
Article 28 (Chambers of the Senedd of Wales)
(1) There shall be two chambers, The National Parliament of Wales and the National Council of Wales, which together with the President of Wales/Crown Representative will form the Senedd of Wales.
Article 29 (Function of the National Parliament)
(1) The National Parliament:
-- propose the passing of laws; Laws may be proposed by the Government or by any National Parliament member or Committee of the National Parliament.
-- Elect the Prime Minister designate
-- Hold the government collectively and individual ministers and cabinet secretaries to account
-- Pass an annual budget, approve appropriations and government expenditure
-- Nominate individuals to office as stipulated in the constitution
-- Appoint commissions of enquiry
-- debate all issues of interests
-- approve treaties
-- all other functions incumbent on a National representative body.
Article 30 (Composition and Election of the National Parliament)
(1) The National Parliament is composed of deputies of the citizens of Wales and comprises between eighty and one hundred members.
(2) Parliament Members are elected by universal, equal, direct and secret voting.
(3) Parliament Members, are elected according to the principle of proportional representation. The first election after independence for the National Parliament shall be carried out by the Single Transferable Vote electoral system from Multi-Member Constituencies. The constituencies shall vary in size but will (within a 10% variance) contain the same number of constituents per elected representative.
(4) The electoral system shall be regulated by a law passed by the National Parliament by an absolute majority vote of Parliament Members and ratified by an absolute majority of members of the National Council. The National Council veto can not be over ridden.
Article 32 (Term of the National Parliament)
(1) The National Parliament is elected for four years, the term to be counted from the date of the dissolution of the previous Parliament.
(2) If the term of the National Parliament expires during a war or state of emergency, its term shall expire six months after the end of the war or state of emergency, or earlier if the National Parliament itself so decides.
(3) Elections to the National Parliament are called by the President of the Republic. When the National Parliament is dissolved, a new National Parliament shall be elected no later than two months after the dissolution of the previous one. The first session of the new National Parliament, which shall be called by the President of the Republic no later than twenty days after the election of the new National Parliament.
(4) The National Parliament, by a vote of two thirds of its membership may dissolve its self before the end of its normal term of office.
Article 33 (Parliament Members)
(1) Members of the National Parliament are representatives of all the people and shall not be bound by any instructions.
(2) The law shall establish who may not be elected an Parliament Member, and the incompatibility of the office of Parliament Member with other offices and activities.
The National Parliament confirms the election of Parliament Members. An appeal may be made before the Supreme Court, in accordance with the law, against a decision of the National Parliament.
Article 34 (Immunity of Parliament Members)
(1) No member of the National Parliament shall be criminally liable for any opinion expressed or vote cast at sessions of the National Parliament or its working bodies.
(2) No Parliament Member may be detained nor, where such Parliament Member claims immunity, may criminal proceedings be initiated against them without the permission of the National Parliament, except where such Parliament Member has been apprehended committing a criminal offense for which a prison sentence of over five years is prescribed.
(3) The National Parliament may also grant immunity to an Parliament Member who has not claimed such immunity or who has been apprehended committing such criminal offense as referred to in the preceding paragraph.
Article 35 (Presiding Officer of the National Parliament)
(1)The National Parliament has a Presiding Officer, who is elected by a majority vote of all Parliament Member in a secret ballot.
(2) The numbers and method of election of deputies to the Presiding Officer of the National Parliament will be regulated by the standing orders of the National Parliament.
Article 36 (Sessions of the National Parliament)
(1) The National Parliament meets in regular and extraordinary sessions.
(2) Regular and extraordinary sessions are called by the Presiding Officer of the National Parliament; an extraordinary session must be called if so required by at least a quarter of the members of the National Parliament or by the President of the Republic/Crown Representative.
Article 37 (Decision-making)
The National Parliament adopts laws and other decisions by a majority of votes cast by those Parliament Members present, save where a different type of majority is provided by the Constitution or by law.
Article 38 (Legislative Power of the National Parliament)
The rights and duties of citizens and other persons may be determined by the National Parliament only by law.
Article 39 (Legislative Initiative)
Laws may be proposed by the Government or by any Parliament Member or Committee of the National Parliament. Laws may also be proposed by at least twenty thousand voters.
Article 40 (Legislative Procedure)
The National Parliament shall pass laws in a multi stage procedure unless otherwise provided by its rules of procedure and standing orders.
Article 41 (Legislative Referendum)
(1) The National Parliament may call a referendum on any issue which is the subject of regulation by law. The National Parliament is bound by the result of such referendum.
(2) The right to vote in a referendum is held by all citizens who are eligible to vote in elections.
(3) A proposal is passed in a referendum if a majority of those voting have cast votes in favour of the same.
(4) Referendums are regulated by a law passed in the National Parliament by a two-thirds majority vote of deputies present and with the consent of an absolute majority of the members of the National Council.
Article 42 (Promulgation of Laws)
(1) Laws are promulgated by the President of the Republic/Crown Representative no later than eight days after they have been passed, unless the President has referred the law to the Supreme Court for a ruling on the law, or part of the law's constitutionality.
Article 43 (War and State of Emergency)
(1) A state of emergency shall be declared whenever a great and general danger threatens the state. The declaration of war or state of emergency, urgent measures and their repeal shall be decided upon by the National Parliament on the proposal of the Government.
(2) The National Parliament decides on the use of the defense forces.
(3) In the event that the National Parliament is unable to convene, the President of the Republic shall decide on matters from the first and second paragraphs of this article. Such decisions must be submitted for confirmation to the National Parliament immediately upon it next convening.
(4)A Local Government Unit, or a person so empowered by that Local Government Unit, may request a local state of emergency, in cases of extreme local urgency. Such requests will be promulgated by the President of the Republic/Crown Representative and will be ratified at the next session of the National Parliament.
(5) Laws regulating local and national emergencies shall be passed by a two thirds majority of the members of the National Parliament and approved by a majority of members of the National Council.
Article 44 (Parliamentary Inquiry)
The National Parliament may order inquiries on matters of public importance, and it must do so when required by a half of the members of the National Parliament. For this purpose it shall appoint a commission which in matters of investigation and examination has powers comparable to those of judicial authorities.
Article 45 (Rules of Procedure of the National Parliament)
(1)The National Parliament has rules of procedure which it shall adopt by a two-thirds majority vote of members present.
(2) Amendments and the temporary suspension of the rules of procedure shall be approved by a two-thirds majority vote of members present.
Article 46 (Remuneration of Deputies)
Deputies of the National Parliament receive such salary or remuneration as are established by law.
[Section] B The National Council
Article 47 (Composition)
(1) The National Council is the representative body of the regions of Wales
(2) It is composed of:
-- two members appointed by the First Secretary of each Talaith (Region) of Wales
-- six members elected by each Talaith electoral college.
-- five members representing minority groups unrepresented elsewhere in the Senedd, appointed by the President.
– Former Presidents of Wales
The appointment of representative members to the National Council shall be regulated by law, the law requires the approval of an absolute majority of members of the National Council and a two thirds majority of members present and voting of the National Parliament.
(3) Talaith Electoral College
-- Each of the five Talaith of Wales shall hold elections for six representatives each to the the National Council. The Talaith electoral college shall consist of:
I) Elected members of the Talaith Parliament
ii) Elected members of the principal local councils in that Talaith
The National Councilors will be elected by Single Transferable Vote.
The election of regional representatives to the National Council shall be regulated by law, the law requires the approval of an absolute majority of members of the National Council and a two thirds majority of members present and voting of the National Parliament.
(4) former Presidents of the RepublicCrown Representatives are ex officio members of the National Council, where they will have a voice but no vote, and their membership will not count towards a majority or super majority of the National Council.
Article 48 (Powers of the National Council)
(1) The National Council may:
-- propose to the National Parliament the passing of laws; Laws may be proposed by the Government or by any National Council member or Committee of the National Council.
-- convey to the National Parliament its opinion on all matters within the competence of the National Parliament;
-- require the National Parliament to decide again on a given law prior to its promulgation;
-- require the calling of a referendum as referred to in the second paragraph of Article 90;
-- require inquiries on matters of public importance as referred to in Article 93.
(2) Where required by the National Parliament, the National Council must express its opinion on an individual matter.
Article 100 (Suspending Veto)
(1) In the event of a disagreement between the National Council and the National Parliament for Wales over the text of any proposed law a conference committee of equal members from each chamber will be appointed by their respective presiding officers to strive to reach consensus. If no consensus can be agreed between the two chambers then the text approved by the National Parliament, by an absolute majority, becomes the final text of the proposed law. The National Council can refuse to ratify the law, but unless otherwise specified in the constitution, three months after the final rejection of the proposed law by the National Council the National Parliament by an absolute majority of its members will pass the law.
(2) If the Presiding Officer of the National Parliament certifies that any proposed law is a "Money Bill" then the suspensory veto of the National Council will be restricted to one month.
(3) Secondary legislation, executive orders and other non primary legislation can be vetoed by the National Council, but that veto can be over ridden by the National Parliament by a vote supported by an absolute majority of its members; unless provided for elsewhere in the constitution.
Article 49 (Election)
(1) The National Council will be dissolved at the same time as the dissolution of the National Parliament.
(2) Ordinarily members of the National Council are elected for a term of four years.
(3) In the event of death, resignation or disqualification of a member of the National Council a replacement will be appointed by the President of the Republic in accordance with the laws governing the election and appointment of members of the National Council.
Article 102 (Decision-making)
(1) The National Council decides by a majority of votes cast by those members present unless stipulated elsewhere in the constitution.
Article 103 (Immunity and Incompatibility of Office)
(1) A member of the National Council may not at the same time be a member of the National Parliament.
(2) Members of the National Council enjoy the same immunity as members of the National Parliament. Immunity is decided upon by the National Council.
Article 50 (Convenor of the National Council)
(1)The National Council has a Convenor who is elected by a majority vote of all National Council Member in a secret ballot.
(2) The numbers and method of election of deputies to the Convenor of the National Council will be regulated by the standing orders of the National Council
(3) The Convenor of the National Council will act as that body’s presiding officer.
Article 51 (Sessions of the National Council)
(1) The National Council meets in regular and extraordinary sessions.
(2) Regular and extraordinary sessions are called by the Convenor of the National Council; an extraordinary session must be called if so required by at least a quarter of the members of the National Council or by the President of the Republic/Crown Representative.
Article 52 (Rules and Procedures)
(1)The meetings and procedures of the National Council are governed by standing orders approved by the National Council.
(2)Standing orders and amendments or the temporary suspension of standing orders will be approved by two thirds of the members of the National Council voting.
[Section] C The Government
Article 53 (Composition of the Government)
The Government is composed of the Prime Ministers, Cabinet Secretaries, Ministers and the Law officers. Within the scope of their powers, the Government and individual ministers are independent and accountable to the National Parliament.
Article 54 (Election of the Prime Ministers of the Government)
(1) After consultation with the leaders of parliamentary groups the Presiding Officer of the National Parliament will invite nominations for the election of the Prime Minister from their own membership.
(2) The Prime Minister designate is elected by the National Parliament by a majority vote of all deputies present and voting.
(3) If no candidate is elected within 28 days of the initial ballot, the President of the Republic dissolves the National Parliament and calls new elections.
(4) The Prime Minister is formally appointed to office by the President of the Republic.
(5) A Prime Minister must resign if they lose a vote of no confidence.
Article 55 (Appointment of Ministers)
(1) Cabinet Secretaries, Ministers and Law Officers are appointed and dismissed by the Prime Minister. They must be members of the National Parliament or of the National Council.
(2) Cabinet Secretaries, Ministers and Law Officers can be dismissed by the National Parliament on a vote of No Confidence.
(3) The total size of the Ministry (Cabinet, Ministers and Law officers) will not exceed 1/4 of the size of the National Parliament.
Article 56 (Oath of Office of the Government)
Upon election and appointment respectively, members of the Government of Wales and before the National Parliament – or the National Council if they are members of the National Council – will take the oath of office as provided by Article 109.
Article 57 (Organisation of the Government)
(1) Prime Minister is responsible for ensuring the unity of the political and administrative direction of the Government and coordinates the work of ministers. Ministers are collectively accountable for the work of the Government, and each minister is accountable for the work of their ministry.
(2) The composition and functioning of the Government, and the number, competencies and organisation of ministries shall be regulated by law.
Article 58 (Termination of Office of the Prime Minister and Members of the Government)
The Prime Minister members of the government cease to hold office when a new National Parliament convenes following elections; ministers also cease to hold office whenever the Prime Minister ceases to hold office and whenever such ministers are dismissed or resign; ministers must, however, continue to perform their regular duties until the election of a new Prime Minister or until the appointment of new ministers.
[Section] D Local Self Government
Article 59 (Exercise of Local Self-Government)
Residents of Wales exercise local self-government in municipalities, regions and other local communities.
Article 60 (Communities)
(1) Communities are self-governing local authorities and form the most local level of local government.
(2) The boundaries of the Communities, and their electoral divisions and the number of elected members will be subject to periodic review by the Electoral Commission.
(3) The territory of a Community comprises a settlement or several settlements bound together by the common needs and interests of the residents.
(4) A Community, or by agreement of the residents adjoining Communities, will be represented by an elected Community Council.
(5) the elections, the electoral system, will be stipulated by statute.
(6) In the event that several communities share a single council each community will hold an annual community meeting open to all electors to discuss matters of common concern.
Article 61 (Scope of Local Self-Government)
(1) The competencies of a Community comprise local affairs which may be regulated by the Community autonomously and which affect only the residents of the Community.
(2) The state may by law transfer to Communities the performance of specific duties within the state competence if it also provides financial resources to enable such or powers of taxation to provide financial resources.
(3) State authorities shall supervise the proper and competent performance of work relating to matters vested in the local community bodies by the state.
Article 62 (Community Revenue)
A municipality is financed from its own sources and have such tax raising powers as provided by statute. Communities that are unable to completely provide for the performance of their duties due to insufficient economic development are assured additional funding by the state in accordance with principles and criteria provided by law.
Article 63 (The Talaith - Regional Authorities)
(1)There shall be established 5 regional authorities to administer those functions best performed at a subnational level in accordance with the principle of subsidiarity. They will be based on the three southern cities of Newport, Cardiff and Swansea, and two regions covering West & Mid Wales and The North of Wales. The boundaries to be determined by the Electoral Commission.
(2) Their powers and responsibilities will be determined by Statute but will include the provision and administration of :
- Health and social services
- Education (including further but not Higher Education)
- Waste Disposal/recycling
- Transport, including trunk roads but not designated Motorways and Motorway class roads.
- Strategic Planning and Economic Development
- Policing
- Fire and Civil Defence
- The ambulance service
(4) Regional elections will be held every 4 years, or sooner if requested by a 2/3 majority of Parliament members.
(5) The regional Parliament will be responsible for:
- - Appointing the regional commission – the regional cabinet
- - Electing by secret ballot a chair of the Parliament
- - passing local ordinances and statutes
- - approving the regional budget
- - setting local tax levels
- - establishing local commissions of inquiry
- - scrutinising the work of the regional commissions
- - monitoring the work of local government in the region
- - setting general government policy for the region
(6) The working of the regional assemblies will be governed by standing orders passed and amended by a 2/3 majority of members.
(7) Members of regional assemblies will be paid a salary based on a civil service pay grade as determined by local statute and will be given sufficient staff and resources to carry out their duties.
(8) No member of a regional Parliament shall be criminally liable for any opinion expressed or vote cast at sessions of a regional Parliament or its working bodies.
(9) in accordance with the principles of subsidiarity the Regional Assemblies will be given wide ranging competence to make local statutes and ordnances that have the power of secondary and where permitted by the law primary legislation in an area of competence. The division of powers between National and Regional government is laid out in the Annex to this constitution.
Article 64 (Regional Executive)
(1) The regional assemblies will appoint a First Secretary of the Regional Executive by a majority vote. In the event of the regional Parliament being unable to elect a First Secretary by a majority vote within 28 days of election the Chair of the Parliament will call new elections for the region.
(2) The First Secretary will appoint members of the cabinet, to be designated Regional Commissioners, who will form the regional cabinet.
(3) First Secretary and the Cabinet will be drawn from the membership of the regional Parliament. The regional cabinet will not exceed ¼ of the members of the regional Parliament.
(4) The regional cabinet is deemed to have resigned if a vote of no confidence is passed in the First Secretary.
(5) A regional commissioner can be removed from office by the First Secretary or by a vote of no confidence in that commissioner by the Parliament.
(6) The regional cabinet is responsible for the formulation and implementation of regional government policy and the running of regional departments.
(7) Regional Cabinet members are to be paid an allowance based on a civil service pay grade as determined by local statute.
Article 65 (Other Local Government Bodies)
(1) Local Government bodies may be established between the Community and Regional Government. Their powers, responsibility, structure and finance shall be regulated by Regional statute.
(2) These Local Government bodies boundaries, electoral divisions and the number of elected members per division will be determined by the Electoral Commission.
(3) The Regional assemblies may transfers by law the performance of specific duties within the state competence to the Local government bodies, and establish elected bodies to perform such duties given to those local government bodies and must provide to them the necessary financial resources to enable such, and as local tax raising powers as determined by the Regional Parliament.
(5) All elected local bodies will have powers of "general competence" unless limited by statute.
[Section] E Other Forms of Self-Government
Article 66 (Self-Government in the Field of Social Activities)
(1) Citizens may form self-governing associations to promote their interests.
(2) Citizens may be given the authority by law to manage through self-government particular matters within the state competence.
Articles 67 to 84 Not Used