Agenda and minutes

Venue: Committee Room 4 - Tŷ Hywel. View directions

Contact: Gareth Williams 

Media

Senedd.TV: View the webcast

Transcript: Transcript for 11/01/2021 - Legislation, Justice and Constitution Committee

Items
Note No. Item

09.30

1.

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.

09.30-09.35

2.

Instruments that raise no reporting issues under Standing Order 21.2 or 21.3

CLA(5)-01-21 – Paper 1 – Statutory Instruments with clear reports

Supporting documents:

2.1

SL(5)713 - The Land Transaction Tax (Specified Amount of Relevant Rent) (Wales) (Amendment) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

09.35-09.45

3.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3

3.1

SL(5)691 - The Digital Health and Care Wales (Establishment and Membership) Order 2020

CLA(5)-01-21 – Paper 2 - Report

CLA(5)-01-21 – Paper 3 - Regulations

CLA(5)-01-21 – Paper 4 - Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified.

3.2

SL(5)692 - The Digital Health and Care Wales (Membership and Procedure) Regulations 2020

CLA(5)-01-21 – Paper 5 - Report

CLA(5)-01-21 – Paper 6 - Regulations

CLA(5)-01-21 – Paper 7 - Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified.

3.3

SL(5)693 - The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 3) Regulations 2020

CLA(5)-01-21 – Paper 8 - Report

CLA(5)-01-21 – Paper 9 - Regulations

CLA(5)-01-21 – Paper 10 - Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified.

3.4

SL(5)694 - The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Wales) Regulations 2020

CLA(5)-01-21 – Paper 11 - Report

CLA(5)-01-21 – Paper 12 - Regulations

CLA(5)-01-21 – 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 and to highlight issues as a result of the UK’s exit from the European Union.

3.5

SL(5)697 - The Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) (Amendment) (No. 2) Regulations 2020

CLA(5)-01-21 – Paper 14 - Report

CLA(5)-01-21 – Paper 15 - Regulations

CLA(5)-01-21 – Paper 16 - Explanatory Memorandum

CLA(5)-01-21 – Paper 17 - Letter from the Minister for Finance and Trefnydd, 11 December 2020

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified.

3.6

SL(5)705 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 22) Regulations 2020

CLA(5)-01-21 – Paper 18 – Report

CLA(5)-01-21 – Paper 19 – Regulations

CLA(5)-01-21 – Paper 20 – Explanatory Memorandum

CLA(5)-01-21 – Paper 21 – Letter from the Minister for Finance and Trefnydd, 18 December 2020

CLA(5)-01-21 – Paper 22 – Written statement, 17 December 2020

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified.

3.7

SL(5)715 - The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020

CLA(5)-01-21 – Paper 23 – Report

CLA(5)-01-21 – Paper 24 – Regulations

CLA(5)-01-21 – Paper 25 – Explanatory Memorandum

CLA(5)-01-21 – Paper 26 – Letter from the Minister for Health and Social Services, 23 December 2020

CLA(5)-01-21 – Paper 27 – Written statement, 23 December 2020

Supporting documents:

Minutes:

The Committee considered the instrument with the Welsh Government response and agreed to report to the Senedd in line with the reporting points identified.

3.8

SL(5)706 - The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

CLA(5)-01-21 – Paper 28 – Report

CLA(5)-01-21 – Paper 29 – Regulations

CLA(5)-01-21 – Paper 30 – Explanatory Memorandum

CLA(5)-01-21 – Paper 31 – Letter from the First Minister, 18 December 2020

CLA(5)-01-21 – Paper 32 – Written statement, 18 December 2020

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified.

3.9

SL(5)708 - The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2020

CLA(5)-01-21 – Paper 33 – Report

CLA(5)-01-21 – Paper 34 – Regulations

CLA(5)-01-21 – Paper 35 – Explanatory Memorandum

CLA(5)-01-21 – Paper 36 – Letter from the First Minister, 19 December 2020

CLA(5)-01-21 – Paper 37 – Written statement, 19 December 2020

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified.

3.10

SL(5)711 – The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2020

CLA(5)-01-21 – Paper 38 – Report

CLA(5)-01-21 – Paper 39 – Regulations

CLA(5)-01-21 – Paper 40 – Explanatory Memorandum

CLA(5)-01-21 – Paper 41 – Letter from the First Minister, 21 December 2020

CLA(5)-01-21 – Paper 42 – Written statement, 22 December 2020

 

Supporting documents:

Minutes:

The Committee considered the instrument with the Welsh Government response and agreed to report to the Senedd in line with the reporting points identified.

3.11

SL(5)709 - The Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) (No. 2) Regulations 2020

CLA(5)-01-21 – Paper 43 – Report

CLA(5)-01-21 – Paper 44 – Regulations

CLA(5)-01-21 – Paper 45 – Explanatory Memorandum

CLA(5)-01-21 – Paper 46 – Letter from the Minister for Finance and Trefnydd, 21 December 2020

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified.

3.12

SL(5)710 - The Land Transaction Tax (Tax Bands and Tax Rates) (Wales) (Amendment) Regulations 2020

CLA(5)-01-21 – Paper 47 – Report

CLA(5)-01-21 – Paper 48 – Regulations

CLA(5)-01-21 – Paper 49 – Explanatory Memorandum

CLA(5)-01-21 – Paper 50 – Letter from the Minister for Finance and Trefnydd, 21 December 2020

 

Supporting documents:

Minutes:

The Committee considered the instrument with the Welsh Government response and agreed to report to the Senedd in line with the reporting points identified.

09.45-09.50

4.

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

4.1

SL(5)689 - The Environmental Impact Assessment (Agriculture) (Wales) (Amendment) Regulations 2020

CLA(5)-01-21 – Paper 51 – Report

CLA(5)-01-21 – Paper 52 – Regulations

CLA(5)-01-21 – Paper 53 – 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 European Union.

09.50-09.55

5.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 - previously considered

5.1

SL(5)685 – The Health Protection (Coronavirus Restrictions and Functions of Local Authorities) (Amendment) (Wales) Regulations 2020

CLA(5)-01-21 – Paper 54 – Report

CLA(5)-01-21 – Paper 55 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

5.2

SL(5)696 – The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020

CLA(5)-01-21 – Paper 56 – Report

CLA(5)-01-21 – Paper 57 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

5.3

SL(5)699 - The Health Protection (Coronavirus Restrictions) (School Premises and Further Education Institution Premises) (Wales) Regulations 2020

CLA(5)-01-21 – Paper 58 – Report

CLA(5)-01-21 – Paper 59 – Welsh Government response

 

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

09.55-10.00

6.

Standing Order 30B Report: The European Union (Withdrawal) Act and Common Frameworks

CLA(5)-01-21 – Paper 60 – Written statement

CLA(5)-01-21 – Paper 61 - Report

Supporting documents:

Minutes:

The Committee noted the written statement and the report.

10.00-10.05

7.

Written Statements under Standing Order 30C

7.1

WS-30C(5)209 - The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

CLA(5)-01-21 – Paper 62 – Written statement

CLA(5)-01-21 – Paper 63 – Commentary

 

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

7.2

WS-30C(5)210 - The Plant Health (Amendment) (EU Exit) Regulations 2020

CLA(5)-01-21 – Paper 64 – Written statement

CLA(5)-01-21 – Paper 65 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

10.05-10.10

8.

Written Statements under the Protocol between the Welsh Government and the Committee

8.1

PS(5)001 - The World Trade Organisation Agreement on Agriculture (Domestic Support) Regulations 2020

CLA(5)-01-21 – Paper 66 – Written statement

Supporting documents:

Minutes:

The Committee noted the statement and that it had been laid in accordance with the Protocol between the Welsh Government and the Committee on the scrutiny of regulations arising from the UK’s exit from the European Union.

10.10-10.20

9.

Papers to note

9.1

Letter from the Chair of the Northern Ireland Assembly Committee for Economy: Shared Prosperity Fund

CLA(5)-01-21 – Paper 67 – Letter from the Chair of the Northern Ireland Assembly Committee for Economy, 14 December 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the Northern Ireland Assembly Committee for the Economy and, in private session, agreed to respond at the earliest opportunity.

9.2

Letter from the Minister for Environment, Energy and Rural Affairs: UK Fisheries Bill

CLA(5)-01-21 – Paper 68 – Letter from the Minister for Environment, Energy and Rural Affairs, 16 December 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Environment, Energy and Rural Affairs.

9.3

Letter from the Deputy Minister and Chief Whip: Domestic Abuse Bill

CLA(5)-01-21 – Paper 69 – Letter from the Deputy Minister and Chief Whip, 16 December 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Deputy Minister and Chief Whip.

9.4

Correspondence from the Law Commission: Consultation paper on devolved Tribunals in Wales

CLA(5)-01-21 – Paper 70 – Correspondence from the Law Commission, 17 December 2020

CLA(5)-01-21 – Paper 71 – Written statement, 17 December 2020

 

Supporting documents:

Minutes:

The Committee noted the correspondence and the written statement.

9.5

Statement by the UK Government: Update on the UK Internal Market Bill

CLA(5)-01-21 – Paper 72 – Statement by the UK Government, 17 December 2020

Supporting documents:

Minutes:

The Committee noted the statement by the UK Government in relation to the UK Internal Market Bill and in private session agreed to write to the Secretary of State for Wales.

9.6

Letter from the Minister for Environment, Energy and Rural Affairs: British-Irish Council Environment work sector Ministerial meeting

CLA(5)-01-21 – Paper 73 – Letter from the Minister for Environment, Energy and Rural Affairs, 18 December 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Environment, Energy and Rural Affairs.

9.7

Letter from the Minister for Environment, Energy and Rural Affairs: UK Agriculture Bill

CLA(5)-01-21 – Paper 74 – Letter from the Minister for Environment, Energy and Rural Affairs, 22 December 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Environment, Energy and Rural Affairs.

 

9.8

Letter from the National Residential Landlords Association to the Minister for Finance and Trefnydd: Changes to Land Transaction Tax Higher Rate

CLA(5)-01-21 – Paper 75 - Letter from the National Residential Landlords Association to the Minister for Finance and Trefnydd, 5 January 2021

Supporting documents:

Minutes:

The Committee noted the letter from the National Residential Landlords Association.

9.9

Correspondence from the Minister for Health and Social Services: Legislative Consent Memorandum on the Medicines and Medical Devices Bill

CLA(5)-01-21 – Paper 76 – Letter from the Minister for Health and Social Services, 5 January 2021

CLA(5)-01-21 – Paper 77 – Letter from the Minister for Health and Social Services to the Chair of the Health, Social Care and Sport Committee, 5 January 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Health and Social Services.

9.10

Letter from the Counsel General: Joint Ministerial Committee (EU Negotiations)

CLA(5)-01-21 – Paper 78 – Letter from the Counsel General, 6 January 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

9.11

Letter from the Counsel General: Ministerial Forum for Trade

CLA(5)-01-21 – Paper 79 – Letter from the Counsel General, 7 January 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

10.20

10.

Motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting and from Item 1 of the meeting on 18 January 2021

Minutes:

The Committee agreed the motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting and also from Item 1 of the meeting on 18 January 2021.

10.20-10.40

11.

Proposed Order in Council: The Government of Wales Act 2006 (Amendment) Order 2021 - consideration of draft report

CLA(5)-01-21 – Paper 80 – Draft report

Supporting documents:

Minutes:

The Committee considered and agreed, subject to minor amendments, its report on The Government of Wales Act 2006 (Amendment) Order 2021. The Committee noted that the report would be laid by the required deadline of 14 January 2021.

10.40-11.00

12.

Supplementary Legislative Consent Memorandum on the Environment Bill - consideration of key issues

Supplementary Legislative Consent Memorandum

 

CLA(5)-01-21 – Paper 81 – Legal advice note

CLA(5)-01-21 – Paper 82 – Letter to the Minister for Environment, Energy and Rural Affairs, 23 December 2020

Supporting documents:

Minutes:

The Committee considered the Welsh Government’s supplementary Legislative Consent Memorandum on the Environment Bill and agreed to consider the Minister’s response to its letter at a future meeting.

11.00-11.05

13.

Scrutiny of regulations made under the EU (Withdrawal) Act 2018 - update

CLA(5)-01-21 – Paper 83 – Letter from the Minister for Finance and Trefnydd, 23 December 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Finance and Trefnydd.

11.05-11.15

14.

Common Frameworks - update

CLA(5)-01-21 – Paper 84 – Outline agreement summary for the Food Compositional Standards and Labelling Framework

CLA(5)-01-21 – Paper 85 - Letter from the Minister for Housing and Local Government to the Chair of the Climate Change, Environment and Rural Affairs Committee, 18 December 2020

CLA(5)-01-21 – Paper 86 -  Letter from the Minister for Finance and Trefnydd to the Chair of the Economy, Infrastructure and Skills Committee, 21 December 2020

CLA(5)-01-21 – Paper 87 - Letter from the Minister for Economy, Transport and North Wales to the Chair of the Economy, Infrastructure and Skills Committee, 22 December 2020

Supporting documents:

Minutes:

The Committee noted the updates from the Welsh Government in relation to Common Frameworks.