Agenda and minutes
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Contact: Gareth Williams
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Transcript: Transcript for 14/12/2020 - Legislation, Justice and Constitution Committee - Fifth Senedd
Expected timing | No. | Item |
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09.30 |
Introduction, apologies, substitutions and declarations of interest Minutes: The Chair confirmed that, in accordance with Standing Order 34.19, he had determined that the public were excluded from the Committee’s meeting in order to protect public health. There were no apologies or substitutions. |
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09.30-10.15 |
Proposed Order in Council - The Government of Wales Act 2006 (Amendment) Order 2021: Evidence session Jeremy Miles MS, Counsel General Christopher Warner, Deputy Director, Constitution and Justice, Welsh Government Anna Hind, Lawyer, Welsh Government CLA(5)-37-20 – Briefing CLA(5)-37-20 – Paper 1 – Proposed Order CLA(5)-37-20 – Paper 2 – Explanatory Memorandum (Welsh Government) CLA(5)-37-20 – Paper 3 – Explanatory Memorandum (UK Government) CLA(5)-37-20 – Paper 71 Supporting documents:
Minutes: The Committee took evidence from the Counsel General in relation to the proposed Order in Council. |
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10.15-10.20 |
Instruments previously considered for sifting and now subject to scrutiny under Standing Orders 21.2 and 21.3 |
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SL(5)677 - The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 4 – Report CLA(5)-37-20 – Paper 4a – Welsh Government response CLA(5)-37-20 – Paper 5 – Regulations CLA(5)-37-20 – Paper 6 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument with the Government response and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)684 - The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Wales) (Amendment) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 7 – Report CLA(5)-37-20 – Paper 8 – Regulations CLA(5)-37-20 – Paper 9 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified. |
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10.20-10.25 |
Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 CLA(5)-37-20 – Paper 10 – Statutory Instruments with clear reports Supporting documents: |
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SL(5)679 - The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2020 Minutes: The Committee considered the instrument and was content. |
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SL(5)680 - The Additional Learning Needs (List of Independent Special Post-16 Institutions) (Wales) Regulations 2020 Minutes: The Committee considered the instrument and was content. |
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SL(5)687 - The Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020 Minutes: The Committee considered the instrument and was content. |
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SL(5)688 - The Senedd Cymru (Representation of the People) (Amendment) Order 2020 Minutes: The Committee considered the instrument and was content. |
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10.25-10.35 |
Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 |
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SL(5)681 - The Rating Lists (Valuation Date) (Wales) Order 2020 CLA(5)-37-20 – Paper 11 – Report CLA(5)-37-20 – Paper 12 – Regulations CLA(5)-37-20 – Paper 13 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified. |
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SL(5)683 - The Animal Feed (Particular Nutritional Purposes and Miscellaneous Amendments) (Wales) Regulations 2020 CLA(5)-37-20 – Paper 14 – Report CLA(5)-37-20 – Paper 15 – Regulations CLA(5)-37-20 – Paper 16 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified, and to highlight issues as a result of the UK’s exit from the EU. |
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SL(5)686 - The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 CLA(5)-37-20 – Paper 17 – Report CLA(5)-37-20 – Paper 18 – Regulations CLA(5)-37-20 – Paper 19 – Explanatory Memorandum CLA(5)-37-20 – Paper 20 – Letter from the Minister for Finance and Trefnydd, 3 December 2020 Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)670 - The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 21 – Report CLA(5)-37-20 – Paper 22 – Regulations CLA(5)-37-20 – Paper 23 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument with the Government response and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)672 - The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 24 – Report CLA(5)-37-20 – Paper 25 – Regulations CLA(5)-37-20 – Paper 26 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument with the Government response and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)673 - The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 27 – Report CLA(5)-37-20 – Paper 28 – Regulations CLA(5)-37-20 – Paper 29 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument with the Government response and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)682 - The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2021 CLA(5)-37-20 – Paper 30 – Report CLA(5)-37-20 – Paper 31 – Regulations CLA(5)-37-20 – Paper 32 – Explanatory Memorandum CLA(5)-37-20 – Paper 33 – Written statement, 1 December 2020 Supporting documents:
Minutes: The Committee considered the instrument agreed to report to the Senedd in line with the reporting point identified. |
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SL(5)685 – The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020 CLA(5)-37-20 – Paper 34 – Report CLA(5)-37-20 – Paper 35 – Regulations CLA(5)-37-20 – Paper 36 – Explanatory Memorandum CLA(5)-37-20 – Paper 37 – Letter from the First Minister, 3 December 2020 CLA(5)-37-20 – Paper 38 – Written statement, 3 December 2020 CLA(5)-37-20 – Paper 39 – Written statement, 30 November 2020 Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)690 - The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 3) (Wales) Regulations 2020 CLA(5)-37-20 – Paper 40 – Report CLA(5)-37-20 – Paper 41 – Regulations CLA(5)-37-20 – Paper 42 – Explanatory Memorandum CLA(5)-37-20 – Paper 43 – Letter from the Minister for Health and Social Services, 8 December 2020 CLA(5)-37-20 – Paper 44 – Written statement, 9 December 2020 Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)696 – The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020 CLA(5)-37-20 – Paper 45 – Report CLA(5)-37-20 – Paper 46 – Regulations CLA(5)-37-20 – Paper 47 – Explanatory Memorandum CLA(5)-37-20 – Paper 48 – Letter from the Minister for Housing and Local Government, 9 December 2020 CLA(5)-37-20 – Paper 49 – Written statement, 10 December 2020 Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified. In addition, the Committee agreed to write to the Welsh Government to seek further clarification in relation to the human rights implications of the regulations. |
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SL(5)698 – The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) (Amendment) Regulations 2020 CLA(5)-37-20 – Paper 72 CLA(5)-37-20 – Paper 73 CLA(5)-37-20 – Paper 74 CLA(5)-37-20 – Paper 75 CLA(5)-37-20 – Paper 76 Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified. |
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SL(5)699 - The Health Protection (Coronavirus Restrictions) (School Premises and Further Education Institution Premises) (Wales) Regulations 2020 CLA(5)-37-20 – Paper 77 CLA(5)-37-20 – Paper 78 CLA(5)-37-20 – Paper 79 CLA(5)-37-20 – Paper 80 Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified. In addition, the Committee agreed to write to the Welsh Government in relation to the level of information contained within explanatory memoranda. |
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10.35-10.40 |
Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 but have implications as a result of the UK exiting the EU |
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SL(5)674 - The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 50 – Report CLA(5)-37-20 – Paper 51 – Regulations CLA(5)-37-20 – Paper 52 – Explanatory Memorandum Supporting documents:
Minutes: The Committee considered the instrument and agreed to report to the Senedd to highlight issues as a result of the UK’s exit from the EU. |
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10.40-10.45 |
Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3 - previously considered |
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SL(5)662 - The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 CLA(5)-37-20 – Paper 53 – Report CLA(5)-37-20 – Paper 54 – Welsh Government response Supporting documents: Minutes: The Committee noted the Welsh Government response. |
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10.45-10.50 |
Written Statements under Standing Order 30C |
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WS-30C(5)207 - The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 55 – Written statement CLA(5)-37-20 – Paper 56 - Commentary Supporting documents: Minutes: The Committee noted the statement and the commentary. |
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WS-30C(5)208 - The Food and Drink (Amendment) (EU Exit) Regulations 2020 CLA(5)-37-20 – Paper 57 – Written statement CLA(5)-37-20 – Paper 58 - Commentary Supporting documents: Minutes: The Committee noted the statement and the commentary. |
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10.50-10.55 |
Papers to note |
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Letter from the Counsel General: Ministerial Forum for Trade CLA(5)-37-20 – Paper 59 – Letter from the Counsel General, 7 December 2020 Supporting documents: Minutes: The Committee noted the letter from the Counsel General and that it had been sent in accordance with the Inter-Institutional Relations Agreement. |
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Letter from the Minister for Finance and Trefnydd: Consultation on a revised Regulatory Impact Assessment Code for Subordinate Legislation CLA(5)-37-20 – Paper 60 – Letter from the Minister for Finance and Trefnydd, 8 December 2020 CLA(5)-37-20 – Paper 61 – Letter to the Minister for Finance and Trefnydd, 5 December 2019 CLA(5)-37-20 – Paper 62 – Letter from the Minister for Finance and Trefnydd, 21 November 2020 CLA(5)-37-20 – Paper 63 – Letter to the Minister for Finance and Trefnydd, 31 October 2019 Supporting documents:
Minutes: The Committee noted the letter from the Minister for Finance and Trefnydd. |
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Letter from the Minister for Education: Curriculum and Assessment (Wales) Bill CLA(5)-37-20 – Paper 64 – Letter from the Minister for Education, 9 December 2020 Supporting documents: Minutes: The Committee noted the letter from the Minister for Education. |
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Letter from the Minister for Housing and Local Government: The Planning Applications (Temporary Modifications and Disapplication) (No. 2) (Wales) (Coronavirus) Order 2020 CLA(5)-37-20 – Paper 65 – Letter from the Minister for Housing and Local Government, 10 December 2020 Supporting documents: Minutes: The Committee noted the letter from the Minister for Housing and Local Government. |
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10.55 |
Motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting Minutes: The Committee agreed the motion. |
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10.55-11.10 |
Proposed Order in Council - consideration of evidence Minutes: The Committee considered the evidence received during the session with the Counsel General and agreed to consider its draft report at a future meeting. |
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11.10-11.20 |
Supplementary Legislative Consent Memorandum on the Medicines and Medical Devices Bill - consideration of draft report CLA(5)-37-20 – Paper 66 – Draft report Supporting documents:
Minutes: The Committee considered and agreed its draft report on the Welsh Government’s Supplementary Legislative Consent Memorandum on the Medicines and Medical Devices Bill. The Committee noted the report would be laid by the required deadline. |
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11.20-11.30 |
Supplementary Legislative Consent Memorandum on the Environment Bill CLA(5)-37-20 – Paper 67 – Supplementary Legislative Consent Memorandum Supporting documents: Minutes: The Committee noted the Welsh Government’s Supplementary Legislative Consent Memorandum on the Environment Bill and agreed to consider key issues at a future meeting. |
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11.30-11.40 |
UK Internal Market Bill - update CLA(5)-37-20 – Paper 68 – Research Service briefing Supporting documents:
Minutes: The Committee received an update on the progress of the UK Internal Market Bill. |
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11.40-11.45 |
Scrutiny of regulations made under the EU (Withdrawal) Act 2018 - update CLA(5)-37-20 – Paper 69 – Letter from the Minister for Finance and Trefnydd, 10 December 2020 Supporting documents:
Minutes: The Committee noted the letter from the Minister for Finance and Trefnydd. |
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11.45-12.15 |
Forward Work Programme - Spring 2021 CLA(5)-37-20 – Paper 70 – Forward Work Programme Supporting documents:
Minutes: The Committee considered its Forward Work Programme for the next term. |