The Agricultural Wages (Wales) Order 2017

Response to Technical Scrutiny Reporting Points

Points 1 and 2: Standing Order 21.2 (vii) – Inconsistencies between the meanings of the Welsh and English texts:

Both reporting points are accepted. The Welsh and English texts are not equivalent. These points will be considered afresh in any future agricultural wages orders made.

Point 3: Standing Order 21.2 (i) – there appears to be doubt as to whether it is intra vires; Standing Order (iv) – that it appears to have retrospective effect where the authorising enactment does not give express authority.

This reporting point is not accepted. The Welsh Ministers are satisfied that the retrospective effect of the Agricultural Wages (Wales) Order 2017 is lawful.

The Welsh Ministers are satisfied that the instrument is compatible with Article 1 Protocol 1 of the European Convention on Human Rights. The instrument is considered to strike a fair balance between the rights of individuals and the general interest and is proportionate.