Meetings

In accordance with Standing Order 26.36, amendments will be disposed of in the order which the sections and schedules to which they relate, arise in the Bill.

The Amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

1. Notification and publication of food hygiene ratings

12, 1, 13, 2, 14, 3

2.Publication of food hygiene ratings on promotional material

9, 21, 22, 10, 23, 11, 25, 5, 8

3.Requirements to display multiple food hygiene rating stickers

4, 7

4. Offences

24, 26, 27

5. Duties of Food Standards Agency

15, 16, 17, 18, 19

6. Use of fixed penalty receipts

6

7. Amending periods for complying with duties

20

Supporting Documents
Food Hygiene Rating (Wales) Bill

Explanatory Memorandum

Marshalled List of Amendments

Grouping of Amendments

The item started at 16.17

In accordance with Standing Order 26.36, amendments will be disposed of in the order which the sections and schedules to which they relate, arise in the Bill.

The Amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

1. Notification and publication of food hygiene ratings

12, 1, 13, 2, 14, 3

2.Publication of food hygiene ratings on promotional material

9, 21, 22, 10, 23, 11, 25, 5, 8

3.Requirements to display multiple food hygiene rating stickers

4, 7

4. Offences

24, 26, 27

5. Duties of Food Standards Agency

15, 16, 17, 18, 19

6. Use of fixed penalty receipts

6

7. Amending periods for complying with duties

20

Voting was taken in the order set out in the Marshalled List of Amendments:

Amendment 12 was withdrawn.

Amendment 1 was agreed in accordance with Standing Order 12.36.

Amendment 13 was not moved.

Amendment 2 was agreed in accordance with Standing Order 12.36.

As Amendment 2 was agreed, Amendment 14 fell.

Amendment 3 was agreed in accordance with Standing Order 12.36.

A vote was taken on Amendment 9:

Amendment 9 was not agreed.

As Amendment 9 was not agreed, Amendments 10 and 11 fell.

A vote was taken on Amendment 21:

Amendment 21 was not agreed.

As Amendment 21 was not agreed, Amendments 22, 23 and 25 fell.

Amendment 4 was agreed in accordance with Standing Order 12.36.

A vote was taken on Amendment 24:

Amendment 24 was not agreed.

A vote was taken on Amendment 26:

Amendment 26 was not agreed.

A vote was taken on Amendment 27:

Amendment 27 was not agreed.

A vote was taken on Amendment 5:

Amendment 5 was agreed

Amendment 15 was withdrawn.

Amendment 16 was agreed in accordance with Standing Order 12.36.

Amendment 17 was agreed in accordance with Standing Order 12.36.

Amendment 18 was agreed in accordance with Standing Order 12.36.

Amendment 19 was agreed in accordance with Standing Order 12.36.

Amendment 6 was agreed in accordance with Standing Order 12.36.

A vote was taken on Amendment 20:

As required by Standing Order 6.20 the Presiding Officer exercised her casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 7 was agreed in accordance with Standing Order 12.36.

Amendment 8 was agreed in accordance with Standing Order 12.36.

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.

At the conclusion of Stage 3 the Minister may propose that the Bill be passed in accordance with Standing Order 26.47. If the proposition is agreed.

Stage 4 Standing Order 26.47 motion to approve the Food Hygiene Rating (Wales) Bill

The item started at 17.20

Stage 4 Standing Order 26.47 motion to approve the Food Hygiene Rating (Wales) Bill

The motion was agreed in accordance with Standing Order 12.36.

12.1 Members considered the draft Regulations and the Chair agreed to write to the Minister on the points raised.

In accordance with Standing Order 26.21, the Committee will dispose of amendments to the Bill in the following order:

Sections 1 – 26

Schedule

Supporting documents:

Marshalled List of Amendments, 7 November 2012

Groupings of Amendments, 7 November 2012

Lesley Griffiths AM, Minister for Health and Social Services

Christopher Brereton - Head of Environmental Public Health Legislation, Welsh Government

Christopher Humphreys - Legal Services Department, Welsh Government

2.1 In accordance with Standing Order 26.21, the Committee will dispose of amendments to the Bill in the following order:

Sections 1 – 26

Schedule

2.2 The Committee considered and disposed of the following amendments:

Section 1:
No amendments were tabled to this section, therefore it was deemed agreed to.

Section 2:
Amendments 1, 2 and 3 (Lesley Griffiths) were agreed to, in accordance with Standing Order 17.34 (i).

Section 3 and 4:
No amendments were tabled to this section, therefore it was deemed agreed to.

Section 5:
Amendment 28 (Darren Millar)

As Amendment 28 was not agreed to, Amendment 29 (Darren Millar) fell.

Amendments 4 and 5 (Lesley Griffiths) were agreed to, in accordance with Standing Order 17.34 (i).

Amendment 6 (Lesley Griffiths)

Amendments 7, 8 and 9 (Lesley Griffiths) were agreed to, in accordance with Standing Order 17.34 (i).

Section 6:
Amendment 33 (Kirsty Williams)

Amendment 34 (Kirsty Williams)

Amendment 10 (Lesley Griffiths)

Amendment 35 (Kirsty Williams)

Amendment 11 (Lesley Griffiths) was agreed to, in accordance with Standing Order 17.34 (i).

Section 7:

Amendment 23 (Elin Jones)

Amendment 26 (Elin Jones) was not moved.

Amendment 30 (Darren Millar)

As Amendment 23 was not agreed to, Amendment 24 (Elin Jones fell).

As Amendment 30 was not agreed to, Amendment 31 (Darren Millar fell).

Section 8:

Amendment 12 (Lesley Griffiths) was agreed to, in accordance with Standing Order 17.34 (i).

Section 9:

As Amendment 23 was not agreed, Amendment 25 (Elin Jones) fell.

As Amendment 26 was not moved, Amendment 27 (Elin Jones) fell.

As Amendment 30 was not agreed, Amendment 32 (Darren Millar) fell.

Amendments 13 and 14 (Lesley Griffiths) were agreed to, in accordance with Standing Order 17.34 (i).

Section 10:
No amendments were tabled to this section, therefore it was deemed agreed to.

Section 11:

Amendments 15, 16 and 17 (Lesley Griffiths) were agreed to, in accordance with Standing Order 17.34 (i).

Sections 14 – 21:

No amendments were tabled to these sections, therefore they were deemed agreed to.

Section 22:

Amendment 18 (Lesley Griffiths) was agreed to, in accordance with Standing Order 17.34 (i).

New Section:

Amendment 19 (Lesley Griffiths) was agreed to, in accordance with Standing Order 17.34 (i).

Section 23:
No amendments were tabled to this sections, therefore it was deemed agreed to.

Section 24:

Amendments 20 and 21 (Lesley Griffiths) were agreed to, in accordance with Standing Order 17.34 (i).

Section 25:

Amendment 22 (Lesley Griffiths) was agreed to, in accordance with Standing Order 17.34 (i).

Section 26:
No amendments were tabled to this sections, therefore it was deemed agreed to.

Schedule
No amendments were tabled to the schedule, therefore it was deemed agreed to.

2.3 The Chair advised that all sections of the Bill had been agreed by the Committee and as all amendments had been disposed of, Stage 3 will commence from 8 November 2012.

2.4 Under standing order 26.27, Members agreed that the Welsh Government should prepare a revised Explanatory Memorandum.

NDM5065 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Food Hygiene Rating (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69(ii), arising in consequence of the Bill.

The Food Hygiene Rating (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 28 May 2012.

Supporting Documents
The Food Hygiene Rating (Wales) Bill
Explanatory Memorandum
Report of the Constitutional and Legislative Affairs Committee
Report of the Health and Social Care Committee

The item started at 16.49

NDM5065 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Food Hygiene Rating (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69(ii), arising in consequence of the Bill.

The Food Hygiene Rating (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 28 May 2012.

The motion was agreed in accordance with Standing Order 12.36.

NDM5063 Lesley Griffiths (Wrexham)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Food Hygiene Rating (Wales) Bill

The Food Hygiene Rating (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 28 May 2012.

The report of Health and Social Care Committee on the Food Hygiene Rating (Wales) Bill was laid before the Assembly on 4 October 2012.

Supporting Documents
The Food Hygiene Rating (Wales) Bill
Explanatory Memorandum
Report of the Constitutional and Legislative Affairs Committee
Report of the Health and Social Care Committee

The item started at 16:13

NDM5063 Lesley Griffiths (Wrexham)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Food Hygiene Rating (Wales) Bill

The Food Hygiene Rating (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 28 May 2012.

The report of Health and Social Care Committee on the Food Hygiene Rating (Wales) Bill was laid before the Assembly on 4 October 2012.

The motion was agreed in accordance with Standing Order 12.36.

HSC(4)-25-12 paper 7

Minister for Health and Social Services

Lesley Griffiths AM, Minister for Health and Social Services

Christopher Brereton - Head of Environmental Public Health Legislation, Welsh Government

Christopher Humphreys - Legal Services Department, Welsh Government

2.1 The Committee took evidence from the Minister for Health and Social Services.

5.1 The draft report was agreed subject to slight amendment following the evidence session with the Minister for Health and Social Services earlier.

5.2 The Committee adjourned from 10.44 to 13.00.

7.1 The Committee considered and agreed the key issues paper and also made a number of suggestions for the report.

Minister for Health and Social Services

Lesley Griffiths AM, Minister for Health and Social Services

Christopher Brereton - Head of Environmental Public Health Legislation, Welsh Government

Christopher Humphreys - Legal Services Department, Welsh Government

3.1 Due to the earlier technical problem and time restraints, the Minister for Health and Social Services agreed that the Chair would write to her with the questions Members would have asked and she will to respond to the Committee in writing.

Association of Convenience Stores

Shane Brennan - Public Affairs Director, Association of Convenience Stores

HSC(4)-23-12 paper 2

British Beer and Pub Association

Brigid Simmonds – Chief Executive, British Beer and Pub Association

HSC(4)-23-12 paper 3

British Hospitality Association

John Dyson - Food & Technical Affairs Adviser, British Hospitality Association

HSC(4)-23-12 paper 4

4.1 The Committee took evidence from the Association of Convenience Stores, British Beer and Pub Association and the British Hospitality Association.

4.1 Members identified key issues that had emerged from the evidence received on the scrutiny of the Food Hygiene Rating (Wales) Bill.

Chartered Institute of Environmental Health

Julie Barratt - Director CIEH Wales

HSC(4)-22-12(p2)

Public Health Wales

Dr Marion Lyons – Director of Health Protection for Public Health Wales,

HSC(4)-22-12(p3)

3.1 The Committee took evidence from the Chartered Institute of Environmental Health Wales and Public Health Wales.

Federation of Small Businesses

Iestyn Davies – Head of External Affairs, FSB Wales

Mike Jones – FSB Wales Member

Dean Bolton, FSB Wales Member

HSC(4)-22-12(p1)

2.1 The Committee took evidence from the Federation of Small Businesses (FSB).

2.2 The FSB agreed to write to the Committee with specific details regarding numbers and businesses doing well and not as well with food hygiene from the focus group of FSB Members who assisted with the written evidence submitted to the Committee.

Food Standards Agency Cymru

Steve Wearne – Director, Food Standards Agency Cymru

HSC(4)-21-12(p2)

Consumer Focus Wales

Liz Withers – Head of Policy, Consumer Focus Wales

HSC(4)-21-12(p3)

4.1 The Committee took evidence from the Food Standards Agency and ConsumerFocus Wales.

4.2 Steve Wearne (FSA) agreed to send a copy of the qualitative study to the Committee on further work commissioned following the ConsumerFocus Wales consumer study when published at the end of July.

Welsh Local Government Association and Directors of Public Protection

Simon Wilkinson – Policy Officer - Regulatory Services, Welsh Local Government Association

Graham Perry – Monmouthshire County Council/Directors of Public Protection Wales

HSC(4)-21-12(p4)

5.1 The Committee took evidence from the Welsh Local Government Association and the Directors of Public Protection Wales.

Present:

• Lesley Griffiths AM, Minister for Health and Social Services, Welsh Government

·       Mr Christopher Humphreys
Legal Services Department, Welsh Government

·       Mr Christopher Brereton
Head of Environmental Public Health Legislation,  Welsh Government

Papers:

CLA(4)-16-12(p4) - Food Hygiene Rating (Wales) Bill

CLA(4)-16-11(p5) – Explanatory Memorandum

CLA(4)-16-11(p6) – Legal Advisers’ Report

CLA(4)-16-11(p7) - Letter from the Chair to the Minister for Health and Social Services Lesley Griffiths AM

CLA(4)-16-11(p8) – The Minister’s response

CLA(4)-16-11(p8) – Annex to the Minister’s response

Minister for Health and Social Services

Lesley Griffiths AM

David Worthington - Head of Health Protection Division, Welsh Government

Christopher Humphreys - Legal Services Department, Welsh Government

4.1 The Committee took evidence from the Minister for Health and Social Services.

4.2 The Minister agreed to write to the Chair explaining why the detail regarding the fixed penalty notices is included in the Bill and possible exemptions to the scheme are not included at this stage.

HSC(4)-16-12 paper 5

4.1 The Committee agreed the approach to the scrutiny of the Food Hygiene Rating (Wales) Bill subject to the inclusion of some additional consultees.

4.2 The Chair agreed to write to the Minister for Health and Social Services seeking an early copy of the draft regulations provided for by the Bill.

The item started at 16:00

Correspondence on the draft Food Hygiene Rating (Wales) Bill

4.1 The Committee discussed the approach it should take in considering the draft bill.