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Devolution: Assembly members to vote on Wales Bill Devolution: Assembly members to vote on Wales Bill
(35 minutes later)
Assembly members are due to vote on whether they support the next stage of devolution outlined in the Wales Bill.Assembly members are due to vote on whether they support the next stage of devolution outlined in the Wales Bill.
It promises new powers for Wales, but has been criticised for possibly rolling back devolution in some areas.It promises new powers for Wales, but has been criticised for possibly rolling back devolution in some areas.
First Minister Carwyn Jones recommended AMs vote for the bill, saying it needs improvement but "takes Wales forward".First Minister Carwyn Jones recommended AMs vote for the bill, saying it needs improvement but "takes Wales forward".
Conservative leader Andrew RT Davies said on Tuesday that the Welsh devolution settlement will need another rethink because of Brexit. But Plaid Cymru leader Leanne Wood suggested Wales had been "backed into a corner" over the devolution legislation.
It is the fourth Wales Bill since the devolution process began in 1998 with the act which created the assembly. A majority of AMs are expected to support the Wales Bill, with the vote happening later on Tuesday evening.
A majority of AMs are expected to support the Wales Bill.
Labour - the largest group with 29 of the 60 assembly seats - voted on Monday to back the legislation despite some reservations.Labour - the largest group with 29 of the 60 assembly seats - voted on Monday to back the legislation despite some reservations.
They will be joined by the Conservatives,, who have also said they will support the bill.They will be joined by the Conservatives,, who have also said they will support the bill.
Plaid announced on Tuesday that it will vote against it because of fears that the assembly will lose powers. UKIP and Plaid Cymru will vote against the bill, but for different reasons.
UKIP will also vote against the bill on different grounds - the party is opposed to the devolution of income tax powers without a referendum.
The latest Wales Bill offers to extend the transfer of powers over tax, energy, transport and the assembly's own affairs.The latest Wales Bill offers to extend the transfer of powers over tax, energy, transport and the assembly's own affairs.
It also introduces a system of powers that are reserved to Westminster - such as defence and foreign affairs - with everything else assumed to be devolved.It also introduces a system of powers that are reserved to Westminster - such as defence and foreign affairs - with everything else assumed to be devolved.
But the bill has been criticised for being unclear, for having a large list of reservations and for potentially resulting in a reduction of the assembly's ability to make laws.But the bill has been criticised for being unclear, for having a large list of reservations and for potentially resulting in a reduction of the assembly's ability to make laws.
The first minister said: "On balance, I believe it is in the best interests of Wales, as we look at dealing with the issue of Brexit, that we take what is on offer today, [and] see it as another step on what is a long journey of devolution". The first minister told the Senedd debate on the Wales Bill: "On balance, I believe it is in the best interests of Wales, as we look at dealing with the issue of Brexit, that we take what is on offer today".
The Welsh Labour leader told the Senedd debate on the Wales Bill that the law will "take Wales forward as a package" with some "areas with a need for improvement", including the lack of devolution of air passenger duty. Mr Jones said the bill should be seen as "another step on what is a long journey of devolution", with some areas having "a need for improvement", such as the lack of devolution of air passenger duty.
Mr Jones added that it was "not possible to conclude that the reserved powers model, welcome though it is in theory, is fit for purpose in the long term". He added that it was "not possible to conclude that the reserved powers model, welcome though it is in theory, is fit for purpose in the long term".
"There is no other country that I know of where two legislatures exist in the same jurisdiction", he said."There is no other country that I know of where two legislatures exist in the same jurisdiction", he said.
"It's possible in the future that somebody might be arrested in Cardiff for something that is not an offence in Wales.""It's possible in the future that somebody might be arrested in Cardiff for something that is not an offence in Wales."
The first minister said it confuses the "public and professions".The first minister said it confuses the "public and professions".
Welsh Conservative leader Andrew RT Davies said powers returned to the UK by the European Union after Brexit would require more legislation "to realign those responsibilities". Plaid Cymru decided at its group meeting earlier on Tuesday to oppose the bill. While Sian Gwenllian, Simon Thomas and Elin Jones voted in favour, the rest of the 11-member group opposed the move.
Ms Wood said Plaid was voting against the Wales Bill "with a heavy heart".
"We never want to see Wales backed into a corner again," she said.
Her party supported the fiscal framework on Wales' funding negotiated between the UK and Welsh governments, she said.
But she added: "The UK Government did not have to tie the fiscal framework to a bill that would restrict our ability to make laws.
"The public finances of Wales should not be conditional on accepting a worsened legislative framework."
UKIP group leader Neil Hamilton told the Senedd he supported the broad principles of the Wales Bill.
But he said the removal of the referendum requirement before income tax powers are devolved is a "constitutional deficiency we ought not to ignore".
He said it is an "important principle that politicians should keep their promises and should be held to their word".
Mark Reckless, UKIP AM for South Wales East, added: "They know if they did have a referendum they would lose."
Before the debate, Welsh Conservative leader Andrew RT Davies said the Welsh devolution settlement will need another rethink because of Brexit.
It is the fourth Wales Bill since the devolution process began in 1998 with the act which created the assembly.
Mr Davies said powers returned to the UK by the European Union after Brexit would require more legislation "to realign those responsibilities".
"This will not be the last Wales Bill, but it will be the last Wales Bill in this parliamentary session", he added."This will not be the last Wales Bill, but it will be the last Wales Bill in this parliamentary session", he added.
Mr Davies also regretted the UK government's decision not to devolve powers over air passenger duty.Mr Davies also regretted the UK government's decision not to devolve powers over air passenger duty.
He said he thought it would be devolved eventually as there was "no coherent argument to hold it back".He said he thought it would be devolved eventually as there was "no coherent argument to hold it back".
'Real step forward'
Plaid decided on Tuesday at its group meeting to oppose the bill. Although Sian Gwenllian, Simon Thomas and Elin Jones voted in favour, the rest of the 11-member group opposed the move.
Speaking after the group decision, South Wales West AM Dai Lloyd told BBC Wales the bill was a "significant roll back in powers and that's why we are voting against it".
Steffan Lewis, Plaid Cymru's spokesman for external affairs, who opposes the bill called it "constitutional blackmail".
He said there were elements - such as powers over fracking licences and the constitution of the assembly - to be welcomed, but added: "At the same time we have a list of 200 reservations which allow the UK government an enhanced ability to challenge our legislation in the Supreme Court."
UKIP's Mark Reckless has dubbed the bill a "stitch-up" between Welsh Labour and the Conservatives "from the start to ditch promised [referendum before] devolving income tax raising powers".
What is in the Wales Bill?What is in the Wales Bill?
Under a political convention between the assembly and Westminster, the Wales Bill needs a legislative consent motion passed in the Senedd before it can be become law.Under a political convention between the assembly and Westminster, the Wales Bill needs a legislative consent motion passed in the Senedd before it can be become law.
That is because the Wales Bill relates to devolved matters.That is because the Wales Bill relates to devolved matters.
The convention does not have legal force but Wales Office minister Lord Bourne has said the bill will not become law if the assembly does not approve it.The convention does not have legal force but Wales Office minister Lord Bourne has said the bill will not become law if the assembly does not approve it.