Meetings

Other Bills currently being scrutinised

The Trefyndd provided an oral update on the two bills currently being scrutinised by the Senedd: the Social Partnership and Public Procurement (Wales) Bill and the Historic Environment (Wales) Bill. The Trefnydd proposed that the timetables for these Bills should remain unchanged, but indicated that the Government would be open to discussing a short extension to the deadline for Initial Consideration stage of the Historic Environment (Wales) Bill should the Legislation, Justice and Constitution Committee find it helpful.

Business Committee noted the update and agreed to consult the Equality and Social Justice Committee and the Legislation, Justice and Constitution Committee on the proposed approaches to the respective reporting deadlines for both bills.

Committee for the Scrutiny of the First Minister:

The Deputy Presiding Officer updated Business Managers on the committee’s meeting last Friday where they agreed to establish a sub-committee on ‘COVID-19 recovery’, to report back to the SFM committee. Their initial discussions have been for a committee of 5 Members, with fluid membership, but that they would consider party balance and other factors at a later date.

As the sub-committee’s proposed remit is overarching, the portfolio it scrutinises would predominantly be the Counsel General and the Minister for European Transition; however as we move out of recovery, the sub-committee may wish to expand its remit. The Trefnydd stated that should any committee wish to look specifically at COVID-19 recovery in the context of a particular portfolio (i.e. health), the Minister with responsibility for that portfolio would be best placed to undertake any detailed scrutiny.

The Committee Clerk will make a request for committee slots in the autumn on a 3 weekly basis, in addition to the slots already allocated to SFM on Fridays before recesses.

Questions to the Counsel General and the Minister for European Transition

The Llywydd noted that the Welsh Government are in discussions with the Table Office regarding his responsibility as coordinator of COVID-19 recovery. Members will be able to ask the Counsel General questions on this aspect of his role, but on the understanding that he will not be able to answer detailed policy questions that lie within a specific Ministerial portfolio.

Members who change their political party but remain without a political group

The Llywydd stated that there have been several changes over this Assembly on this issue, where she must determine how to refer to those Members in official publications. Business Managers expressed their support were the Llywydd to decide that Members can be referred to as belonging to any particular group or party that they wish, provided that it is within order.

Plenary during the autumn term

The Llywydd informed Business Managers that there will be a paper on next week’s agenda on scheduling Plenary for autumn term.

LCMs

The Trefnydd updated Business Managers on the progress of the Fisheries Bill and the NDR List Bill. The Government are considering whether to lay LCMs this week.

Feedback on Committee scrutiny of Covid recovery

Darren Millar asked for feedback on the discussion at the Chairs’ Forum in relation to oversight of COVID recovery. The DPO confirmed that there was a consensus around a sub-committee of the Committee for the Scrutiny of the First Minister being formed for this particular issue, and that officials were preparing options.

Committee on Senedd Electoral Reform

Darren Millar noted recent social media comments made by the Chair of the Committee on Senedd Electoral Reform. The Llywydd informed the Committee that David Rowlands had resigned as a member of the Committee on Senedd Electoral Reform, and indicated that the Brexit Party will not nominate a replacement. This leaves the committee with three members: two Labour (including the chair) and one Plaid Cymru.  Darren Millar suggested that the Committee should therefore draw its work to a close; the Llywydd said she would be taking advice on these matters.

Curriculum and Assessments (Wales) Bill

The Trefnydd explained that the Bill is currently with the Llywydd for Determination and that a paper setting out a proposed timetable will be brought to the Business Committee next week.  Sian Gwenllian formally asked that use be made of time available before introduction for party spokespersons to discuss the content of the Bill with the Minister for Education.

Returning to the Senedd estate

The Llywydd sought Business Managers’ views on returning Senedd business to the Senedd estate.  Business Managers noted work under way in preparation for any decision to return to the building, and agreed that it was important to consider the principles that would guide them to make decisions in relation to returning to the building. They asked the secretariat for a paper which outlines these principles, including equality, public health and employee relations, and options for hybrid and physical plenary meetings.

Business Managers agreed in principle to implement electronic remote voting (by individual Members) as quickly as possible.

The Llywydd asked Business Managers to consider the content of plenary meetings, particularly the reintroduction of questions and of non-Covid-related issues.

Update on LCMs 

The Trefnydd provided the committee with updates on the following LCMs: 

The Fisheries Bill – This has been delayed further due to technical matters and will likely be brought forward after the Summer recess. The debate provisionally scheduled for the 8^th  of July has therefore been postponed. 

Non Domestic Rating (Lists) Bill & Non Domestic Rating (Public Lavatories) Bill - These Bills were remitted for scrutiny by EIS and LJC but no reporting deadlines set as the government was awaiting further information on Parliamentary timetables. As these remain uncertain, the government proposed that committees be set a deadline for reporting of 2 July. Business Committee agreed the proposed deadline. 

Corporate Insolvency and Governance Bill – The government is considering whether the legislative consent of the Senedd is required for this Bill, and if so anticipates laying a LCM this week and proposing a debate on 10 June. 

Written Questions 

Opposition Business Managers raised further issues on the timeliness and content of written answers. The Trefnydd undertook to follow up with Ministerial colleagues and raised the issue of Members asking for information which was already in the public domain. The Llywydd asked officials to provide her with further information on when questions were being answered.

Legislative Consent Memoranda

The Trefnydd explained that the LCMs on the Agriculture and Fisheries Bills do not appear on the BSA, because of delays in the Parliamentary timetable, and it is unclear when the LCMs will need to be debated. Business Committee agreed to extend the reporting deadlines for committees to 14 May for the Agriculture Bill and 21 May for the Fisheries Bill.

The Trefnydd also informed the Business Committee that Parliamentary scrutiny of the Environment Bill has been paused, so Business Committee agreed to extend the reporting deadlines for committees to 4 June.

The Trefnydd also informed the Business Committee that the laying of LCMs on the Non-Domestic Rating (Lists) Bill 2020, Non-Domestic Rating (Public Lavatories) Bill 2020 and the Fire Safety Bill have been delayed due to COVID-19 response work being prioritised.  The Government hopes to lay LCMs on these next week.

Written Questions

Opposition Business Managers raised issues on the timeliness and content of written answers, while the Trefnydd had concerns about the volume and content of questions, some of which asked for information already publicly available. Opposition Business Managers considered that in many cases the information was not publicly available at the time the question was asked.  The Llywydd asked officials to provide her with further information to inform future Business Committee consideration.

Future Business Committee meetings

Business Managers agreed to schedule future meetings of the Business Committee at the start of the week, with the day and time to be agreed out of committee.

As both the Business Committee and Plenary are successfully meeting virtually, Business Managers asked officials to provide a paper to outline the essential business that is likely to come to committees. This will allow the Business Committee to consider whether committees could meet, and in what form, after recess.

Written Assembly Questions

In light of the increase in the number of tabled written questions,  the Llywydd stated that she intended to exercise her discretion on the number of Written Assembly Questions accepted, in accordance with Standing Order 14.4, and  that WAQs per Member would be limited to a weekly maximum of 10 with immediate effect.

Government legislation

The Trefnydd updated Business Managers on the government’s legislative programme.

The Local Government and Elections (Wales) Bill and the Curriculum and Assessment (Wales) Bill are the two key priorities.

The government will consider the timescales for the Renting Homes (Amendment) Wales Bill and the Tertiary Education and Research (Wales) Bill; the latter will still be sent for the Llywydd’s determination as planned.

The Social Partnership Bill may be for the next government to introduce – the government will try to consult on a draft Bill. Scrutiny on the Wild Animals in Circuses Bill and the Bus Services Bill will be paused and the government will reconsider at a later date.

The government will prioritise subordinate legislation to respond to COVID-19 and European transition, as well as any that are of legal necessity.

LCMs will continue to be considered if possible.

Business Managers agreed that for the foreseeable future committees should focus on essential business. They also agreed that the Business Committee should meet again tomorrow to consider options for arranging and scheduling business over the coming weeks.

Questions

The Llywydd asked Business Managers to tell Members not to quote from correspondence during questions, as this makes contributions too long. Members should be asking questions, rather than making speeches.

Coronavirus

The Llywydd advised Business Managers that the Commission will be considering a paper on Coronavirus next week.

The Llywydd reminded Business Managers that they will be returning to the paper on Committee membership, chairs and political balance, including d’Hondt at next week’s meeting. 

The Trefnydd informed the Committee that the government intended to lay a legislative consent memorandum in relation to the Direct Payments to Farmers (Legislative Continuity) Bill today, and that the Parliamentary timetable required the motion to be scheduled for next week. Business Managers agreed to refer the LCM to the Constitutional and Legislative Affairs and Climate Change, Environment and Rural Affairs Committees, with a reporting deadline of Tuesday 21 January. 

LCM on the EU Withdrawal Bill 

The Trefnydd informed Business Managers that the government has laid a Legislative Consent Memorandum in relation to the EU Withdrawal Bill. The requirements of the Parliamentary timetable for the Bill mean that the related legislative consent motion will need to be considered by the Assembly on Tuesday 21 January at the latest.  

Business Managers agreed to refer the LCM to the External Affairs and Additional Legislation and Constitutional and Legislative Affairs Committees, with a reporting deadline of Friday 17 January. 

Upcoming Business Committee Papers 

The Llywydd reminded Business Managers that the consultation on proxy voting will be open until 13 January, and responses will be summarised in a paper to be discussed at the meeting of 21 January. Following this, the Business Committee will return to the paper on Committee membership, chairs and political balance, including d’Hondt on 28 January. These are both a week later than previously advised, to allow more time for the consultation on Proxy Voting.  

Business Managers asked the Clerk to ascertain the situation with regards to the review of the procedure in the House of Commons due to be undertaken by the Procedures Committee there. 

The Llywydd also informed the Committee that she was unable to attend next week’s Business Committee, and that the Deputy Presiding Officer would chair in her absence.