Agenda and minutes

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Transcript: Transcript for 22/02/2021 - Legislation, Justice and Constitution Committee - Fifth Senedd

Items
Expected timing No. Item

09.00

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.

 

In accordance with Standing Order 17.24, David Melding declared an interest with respect to Item 2.

09.00-10.00

2.

Making Justice work in Wales: Evidence session 3

The Rt Hon Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice

 

CLA(5)-06-21 – Briefing

CLA(5)-06-21 – Paper 1 – Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, 7 July 2020

CLA(5)-06-21 – Paper 2 – Letter to the Lord Chancellor and Secretary of State for Justice, 19 June 2020

 

Supporting documents:

Minutes:

The Committee took evidence from the Lord Chancellor and Secretary of State for Justice in relation to its inquiry into Making Justice work in Wales.

10.45-11.30

3.

Justice in Wales and proposals to reform the devolved Welsh tribunals system - evidence session with the Law Commission of England and Wales

Nicholas Paines QC, Law Commissioner

Henni Ouahes, Head of Public Law and the Law in Wales, Law Commission

Sarah Smith, Law Reform Lawyer, Law Commission

 

CLA(5)-06-21 – Briefing 2

CLA(5)-06-21 – Paper 3 – Letter from Nicholas Paines QC, 20 January 2021

CLA(5)-06-21 – Paper 4 - Correspondence from Nicholas Paines QC, 17 December 2020

 

Law Commission – Consultation on Devolved Tribunals in Wales

Supporting documents:

Minutes:

The Committee received evidence from the Law Commission in relation to its proposals to reform the devolved Welsh tribunals system.

11.30-11.35

4.

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

CLA(5)-06-21 – Paper 5 – Statutory Instruments with clear reports

Supporting documents:

4.1

SL(5)740 - The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

4.2

SL(5)742 - The Family Absence for Members of Local Authorities (Wales) (Amendment) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

11.35-11.40

5.

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

5.1

SL(5)735 - The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021

CLA(5)-06-21 – Paper 6 – Report

CLA(5)-06-21 – Paper 7 – Regulations

CLA(5)-06-21 – Paper 8 – Explanatory Memorandum

CLA(5)-06-21 – Paper 9 – Written statement, 27 January 2021

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting point identified, and to request a response to the point from the Welsh Government.  The Committee also noted that a motion to annul the Regulations has been tabled, and that the corresponding debate is scheduled to take place on 3 March 2021.

5.2

SL(5)741 - The M4 Motorway (Junction 28 (Tredegar Park) to Junction 24 (Coldra)) (50 mph Speed Limit) Regulations 2021

CLA(5)-06-21 – Paper 10 – Report

CLA(5)-06-21 – Paper 11 – Regulations

CLA(5)-06-21 – Paper 12 – Explanatory Memorandum

Supporting documents:

Minutes:

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

5.3

SL(5)743 - The Non-Domestic Rating (Unoccupied Property) (Wales) (Amendment) Regulations 2021

CLA(5)-06-21 – Paper 13 – Report

CLA(5)-06-21 – Paper 14 – Regulations

CLA(5)-06-21 – Paper 15 – Explanatory Memorandum

Supporting documents:

Minutes:

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

5.4

SL(5)736 - The Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021

CLA(5)-06-21 – Paper 16 – Report

CLA(5)-06-21 – Paper 17 – Regulations

CLA(5)-06-21 – Paper 18 – Explanatory Memorandum

CLA(5)-06-21 – Paper 19 – Written statement, 27 January 2021

CLA(5)-06-21 – Paper 20 – Written statement, 3 February 2021

Supporting documents:

Minutes:

The Committee considered the instrument and Government response and agreed to report to the Senedd in line with the reporting points identified. In addition, the Committee noted that the Welsh Government would shortly be laying a new version of the Regulations.

11.40-11.45

6.

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

6.1

SL(5)695 - The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020

CLA(5)-06-21 – Paper 21 – Report

CLA(5)-06-21 – Paper 22 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

11.45-11.50

7.

Subordinate legislation that raises issues to be reported to the Senedd under Standing Order 21.7 - previously considered

7.1

SL(5)727 - The Candidate Election Expenses (Senedd Elections) Code of Practice 2021

CLA(5)-06-21 – Paper 23 – Report

CLA(5)-06-21 – Paper 24 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

11.50-11.55

8.

Papers to note

8.1

Letter from the Minister for Environment, Energy and Rural Affairs: The Organics (Amendment) Regulations 2021

CLA(5)-06-21 – Paper 25 – Letter from the Minister for Environment, Energy and Rural Affairs, 5 February 2021

Supporting documents:

Minutes:

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

8.2

Letter from the Minister for Housing and Local Government to the Llywydd: Senedd business during the pre-election period

CLA(5)-06-21 – Paper 26 – Letter from the Minister for Housing and Local Government to the Llywydd, 9 February 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Housing and Local Government.

8.3

Letter from the Counsel General: Amendments to the UK Trade Bill

CLA(5)-06-21 – Paper 27 – Letter from the Counsel General, 10 February 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

8.4

Welsh Government Report on the implementation of Law Commission proposals

CLA(5)-06-21 – Paper 28 – Welsh Government report

CLA(5)-06-21 – Paper 29 – Written statement, 15 February 2021

Supporting documents:

Minutes:

The Committee noted the report.

8.5

Correspondence with the Secretary of State for Wales: Sewel Convention

CLA(5)-06-21 – Paper 30 – Letter from the Secretary of State for Wales, 16 February 2021

CLA(5)-06-21 – Paper 31 – Letter to the Secretary of State for Wales, 21 January 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Secretary of State for Wales.

11.55

9.

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

Minutes:

The Committee agreed the motion.

11.55-12.15

10.

Making Justice work in Wales - consideration of evidence

Minutes:

 The Committee considered the evidence received during its sessions with the Lord Chancellor and with the Law Commission, and discussed key issues that would be raised in the Committee’s legacy report.

12.15-12.25

11.

Legislative Consent Memoranda on the Domestic Abuse Bill - consideration of draft report

CLA(5)-06-21 – Paper 32 – Draft report

Supporting documents:

Minutes:

The Committee considered and agreed its draft report on the Welsh Government’s Legislative Consent Memoranda on the Domestic Abuse Bill. The Committee noted that the report would be laid by the required deadline.

12.25-12.30

12.

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

CLA(5)-06-21 – Paper 33 – Letter from the Minister for Finance and Trefnydd, 17 February 2021

Supporting documents:

Minutes:

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