Agenda and minutes

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Contact: Gareth Williams 

Media

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Transcript: Transcript for 25/01/2021 - Legislation, Justice and Constitution Committee

Items
Note No. Item

10.00

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.

 

10.00-10.05

2.

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

CLA(5)-03-21 – Paper 1 – Statutory instruments with clear reports

Supporting documents:

2.1

SL(5)717 - The Education (Student Fees, Awards and Support) (Ordinary Residence) (Wales) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

10.05-10.15

3.

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

3.1

SL(5)702 - The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020

CLA(5)-03-21 – Paper 2 – Report

CLA(5)-03-21 – Paper 3 – Order

CLA(5)-03-21 – Paper 4 – Explanatory Memorandum

CLA(5)-03-21 – Paper 5 – Letter from the Minister for Finance and Trefnydd, 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.

3.2

SL(5)707 - The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) (EU Exit) Regulations 2020

CLA(5)-03-21 – Paper 6 – Report

CLA(5)-03-21 – Paper 7 – Regulations

CLA(5)-03-21 – Paper 8 – Explanatory Memorandum

CLA(5)-03-21 – Paper 9 – 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 points identified.

3.3

SL(5)721 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) Regulations 2021

CLA(5)-03-21 – Paper 10 – Report

CLA(5)-03-21 – Paper 11 – Regulations

CLA(5)-03-21 – Paper 12 – Explanatory Memorandum

CLA(5)-03-21 – Paper 13 – Letter from the Minister for Finance and Trefnydd, 11 January 2021

CLA(5)-03-21 – Paper 14 – Written statement, 11 January 2021

 

Supporting documents:

Minutes:

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

3.4

SL(5)724 - The Health Protection (Coronavirus, International Travel, Pre-Departure Testing and Operator Liability) (Wales) (Amendment) Regulations 2021

CLA(5)-03-21 – Paper 15 – Report

CLA(5)-03-21 – Paper 16 – Regulations

CLA(5)-03-21 – Paper 17 – Explanatory Memorandum

CLA(5)-03-21 – Paper 18 – Letter from the Minister for Finance and Trefnydd, 15 January 2021

 

Supporting documents:

Minutes:

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

3.5

SL(5)725 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 2) Regulations 2021

CLA(5)-03-21 – Paper 19 – Report

CLA(5)-03-21 – Paper 20 – Regulations

CLA(5)-03-21 – Paper 21 – Explanatory Memorandum

CLA(5)-03-21 – Paper 22 – Letter from the Minister for Health and Social Services, 16 January 2021

 

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)723 – The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021

CLA(5)-03-21 – Paper 23 – Report

CLA(5)-03-21 – Paper 24 – Regulations

CLA(5)-03-21 – Paper 25 – Explanatory Memorandum

CLA(5)-03-21 – Paper 26 – Letter from the Minister for Health and Social Services, 14 January 2021

CLA(5)-03-21 – Paper 27 – Written statement, 14 January 2021

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)726 – The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021

CLA(5)-03-21 – Paper 28 – Report

CLA(5)-03-21 – Paper 29 – Regulations

CLA(5)-03-21 – Paper 30 – Explanatory Memorandum

CLA(5)-03-21 – Paper 31 – Letter from the First Minister, 19 January 2021

CLA(5)-03-21 – Paper 32 – Written statement, 19 January 2021

Supporting documents:

Minutes:

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

 

3.8

SL(5)703 - The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020

CLA(5)-03-21 – Paper 33 – Report

CLA(5)-03-21 – Paper 34 – Regulations

CLA(5)-03-21 – Paper 35 – Explanatory Memorandum

CLA(5)-03-21 – Paper 36 – Letter from the Minister for Environment, Energy and Rural Affairs, 15 December 2020

 

Supporting documents:

Minutes:

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

10.15-10.20

4.

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

4.1

SL(5)719 – The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021

CLA(5)-03-21 – Paper 37 – Report

CLA(5)-03-21 – Paper 38 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

10.20-10.25

5.

Subordinate legislation that raises issues to be reported to the Assembly under Standing Order 21.7

5.1

SL(5)722 - The Primary Care (Oxford/AstraZeneca Vaccine COVID-19 Immunisation Scheme) Directions 2020

CLA(5)-03-21 – Paper 39 – Report

CLA(5)-03-21 – Paper 40 - Directions

Supporting documents:

Minutes:

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

10.25-10.30

6.

Written Statements under Standing Order 30C

6.1

WS-30C(5)214 - The Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020

CLA(5)-03-21 – Paper 41 – Written statement

CLA(5)-03-21 – Paper 42 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

10.30-10.35

7.

Papers to note

7.1

Letter from the Llywydd to the Chair of the Procedure Committee, House of Commons: The procedure of the House of Commons and the territorial constitution

CLA(5)-03-21 – Paper 43 – Letter from the Llywydd to the Chair of the Procedure Committee, 4 January 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd to the Chair of the Procedure Committee in the House of Commons.

7.2

Welsh Government written statement: Legal challenge to the UK Internal Market Act 2020

CLA(5)-03-21 – Paper 44 – Written statement, 19 January 2021

Supporting documents:

Minutes:

The Committee noted the statement by the Welsh Government.

7.3

Letter from the Commissioner for Public Law and the Law in Wales, the Law Commission: Consultation paper on the future of devolved tribunals in Wales

CLA(5)-03-21 – Paper 45 – Letter from Nicholas Paines QC, Commissioner for Public Law and the Law in Wales, 20 January 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Commissioner for Public Law and the Law in Wales and, in private, agreed to respond to the letter and the offer enclosed regarding the consultation.

7.4

Letter from the Counsel General: Government of Wales Act 2006 (Amendment) Order 2021

CLA(5)-03-21 – Paper 46 – Letter from the Counsel General, 20 January 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General, which responded to the Committee’s report on the proposed Government of Wales Act 2006 (Amendment) Order 2021, and further noted that the draft Government of Wales Act 2006 (Amendment) Order 2021 had now been laid.

10.35

8.

Motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting

Minutes:

The Committee agreed the motion.

10.35-10.55

9.

Supplementary Legislative Consent Memorandum on the Environment Bill - consideration of draft report

CLA(5)-03-21 – Paper 47 – Draft report

CLA(5)-03-21 – Paper 48 – Letter to the Minister for Environment, Energy and Rural Affairs, 23 December 2020

CLA(5)-03-21 – Paper 49 – Letter from the Minister for Environment, Energy and Rural Affairs, 28 August 2020

CLA(5)-03-21 – Paper 50 – Legal Advice Note

Supporting documents:

Minutes:

The Committee noted that a response had not yet been received from the Minister to its letter of 23 December 2020 and, as such, agreed to seek an extension from the Business Committee to the current reporting deadline.

10.55-11.00

10.

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

CLA(5)-03-21 – Paper 51 – Letter from the Minister for Finance and Trefnydd, 21 January 2021

Supporting documents:

Minutes:

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