To: Health and Social Care Committee

From: Policy and Legislation Committee Service

Meeting date: 16 January 2014

SUPPLEMENTARY LEGISLATIVE CONSENT MEMORANDUM FOR THE CHILDREN AND FAMILIES BILL: REGULATION OF TOBACCO PACKAGING AND PRODUCTS, AND THE CREATION OF ASSOCIATED OFFENCES

Purpose

1.       To invite the Committee to consider the supplementary legislative consent memorandum (LCM) on the Children and Families Bill which relates to the regulation of retail packaging of tobacco products, the regulation of tobacco products themselves and the creation of associated offenses.

Background

2.       This supplementary LCM for the Children and Families Bill was laid before the Assembly on 17 December 2013. Given that the Bill has reached its final stages in the UK Parliament, it is anticipated that the Welsh Government will table a motion seeking the Assembly’s legislative consent shortly.

3.       In light of the tight timescales associated with this supplementary LCM, prior to the Christmas recess, the Minister for Health and Social Services indicated his willingness to attend the Committee’s first meeting in January to answer Members’ questions. The Committee agreed that this session should take place in order to help inform Members about the supplementary LCM in advance of the relevant Plenary debate.

The supplementary LCM

4.       The supplementary LCM is attached at Annex A to this paper. The amendment to which the supplementary LCM relates is attached at Annex B.

5.       Legal Services have reviewed the supplementary LCM and have no points to raise in addition to those covered in the memorandum, save that the regulation-making power will be subject to the affirmative procedure at Westminster.

Action

6.       The Committee is invited to question the Minister on the LCM and explore any issues Members wish to clarify in advance of the relevant Plenary debate.