Agenda and minutes

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Contact: Gareth Williams 

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Transcript: Transcript for 22/03/2021 - 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.

Proposed negative instruments that raise no reporting issues under Standing Order 21.3B

CLA(5)-10-21 – Paper 1 - Proposed negative statutory instruments with clear reports

Supporting documents:

2.1

pNeg(5)41 - The Food, Animal Feed and Seeds (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2021

Minutes:

The Committee considered the instrument and was content that the negative procedure should apply.

09.35-09.40

3.

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

CLA(5)-10-21 – Paper 2 – Statutory instruments with clear reports

Supporting documents:

3.1

SL(5)776 - The Education (Pupil Referral Units) (Management Committees etc.) (Wales) (Amendment) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

3.2

SL(5)781 - The Velindre National Health Service Trust Shared Services Committee (Wales) (Amendment) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

3.3

SL(5)784 - The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) (Amendment) Regulations 2021

Minutes:

The Committee considered the instrument and was content.

3.4

SL(5)785 - The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021

Minutes:

The Committee considered the instrument and was content.

09.40-09.55

4.

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

4.1

SL(5)777 - The Independent Schools (Provision of Information) (Wales) (Amendment) Regulations 2021

CLA(5)-10-21 – Paper 3 – Report

CLA(5)-10-21 – Paper 4 – Regulations

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

 

Supporting documents:

Minutes:

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

4.2

SL(5)780 - The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) (EU Exit) Regulations 2021

CLA(5)-10-21 – Paper 6 – Report

CLA(5)-10-21 – Paper 7 – Regulations

CLA(5)-10-21 – Paper 8 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.3

SL(5)782 - The Digital Health and Care Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2021

CLA(5)-10-21 – Paper 9 – Report

CLA(5)-10-21 – Paper 10 – Order

CLA(5)-10-21 – Paper 11 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.4

SL(5)786 - The Care and Support (Charging) (Wales) (Amendment) Regulations 2021

CLA(5)-10-21 – Paper 12 – Report

CLA(5)-10-21 – Paper 13 – Regulations

CLA(5)-10-21 – Paper 14 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.5

SL(5)787 - The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) Regulations 2021

CLA(5)-10-21 – Paper 15 – Report

CLA(5)-10-21 – Paper 16 – Regulations

CLA(5)-10-21 – Paper 17 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.6

SL(5)791 - The Health Protection (Coronavirus, International Travel and Operator Liability) (Miscellaneous Amendments) (Wales) Regulations 2021

CLA(5)-10-21 – Paper 18 – Report

CLA(5)-10-21 – Paper 19 – Regulations

CLA(5)-10-21 – Paper 20 – Explanatory Memorandum

CLA(5)-10-21 – Paper 21 – Letter from the Minister for Health and Social Services, 12 March 2021

CLA(5)-10-21 – Paper 22 – Written statement, 12 March 2021

Supporting documents:

Minutes:

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

4.7

SL(5)793 - The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) Regulations 2021

CLA(5)-10-21 – Paper 23 – Report

CLA(5)-10-21 – Paper 24 – Regulations

CLA(5)-10-21 – Paper 25 – Explanatory Memorandum

Supporting documents:

Minutes:

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

4.8

SL(5)789 - The Additional Learning Needs (Wales) Regulations 2021

CLA(5)-10-21 – Paper 26 – Report

CLA(5)-10-21 – Paper 27 – Regulations

CLA(5)-10-21 – Paper 28 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.9

SL(5)775 - The Education Tribunal for Wales Regulations 2021

CLA(5)-10-21 – Paper 29 – Report

CLA(5)-10-21 – Paper 30 – Regulations

CLA(5)-10-21 – Paper 31 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.10

SL(5)798 - The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021

CLA(5)-10-21 – Paper 32 – Report

CLA(5)-10-21 – Paper 33 – Regulations

CLA(5)-10-21 – Paper 34 – Explanatory Memorandum

Supporting documents:

Minutes:

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

4.11

SL(5)778 - The Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021

CLA(5)-10-21 – Paper 35 – Report

CLA(5)-10-21 – Paper 36 – Regulations

CLA(5)-10-21 – Paper 37 – Explanatory Memorandum

CLA(5)-10-21 – Paper 38 – Letter from the Kennel Club, 9 March 2021

CLA(5)-10-21 – Paper 39 – Letter to the Minister for Environment, Energy and Rural Affairs, 15 March 2021

 

Supporting documents:

Minutes:

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

4.12

SL(5)790 - The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021

CLA(5)-10-21 – Paper 40 – Report

CLA(5)-10-21 – Paper 41 – Regulations

CLA(5)-10-21 – Paper 42 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.13

SL(5)792 - The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021

CLA(5)-10-21 – Paper 43 - Report

CLA(5)-10-21 – Paper 44 – Regulations

CLA(5)-10-21 – Paper 45 – Explanatory Memorandum

CLA(5)-10-21 – Paper 46 – Letter from the First Minister, 12 March 2021

CLA(5)-10-21 – Paper 47 – Written statement, 12 March 2021

Supporting documents:

Minutes:

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

4.14

SL(5)795 - The Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021

CLA(5)-10-21 – Paper 48 – Report

CLA(5)-10-21 – Paper 49 – Regulations

CLA(5)-10-21 – Paper 50 – Explanatory Memorandum

CLA(5)-10-21 – Paper 51 – Letter from the Minister for Housing and Local Government, 16 March 2021

CLA(5)-10-21 – Paper 52 – Written statement, 17 March 2021

Supporting documents:

Minutes:

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

4.15

SL(5)796 - The Senedd Cymru (Representation of the People) (Amendment) Order 2021

CLA(5)-10-21 – Paper 53 – Report

CLA(5)-10-21 – Paper 54 – Order

CLA(5)-10-21 – Paper 55 – Explanatory Memorandum

CLA(5)-10-21 – Paper 56 – Letter from the First Minister, 17 March 2021

Supporting documents:

Minutes:

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

09.55-10.00

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)758 - The Education Workforce Council (Interim Suspension Orders) (Additional Functions) (Wales) Order 2021

CLA(5)-10-21 – Paper 57 – Report

CLA(5)-10-21 – Paper 58 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

5.2

SL(5)767 - The Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021

CLA(5)-10-21 – Paper 59 – Report

CLA(5)-10-21 – Paper 60 – Welsh Government response

 

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

10.00-10.05

6.

Subordinate legislation that raises no reporting issues under Standing Order 21.7

CLA(5)-10-21 – Paper 61 – Subordinate legislation with clear reports

Supporting documents:

6.1

SL(5)799 - The Additional Learning Needs Code for Wales 2021

Minutes:

The Committee considered the Code and was content.

6.2

SL(5)788 - The Candidate Election Expenses (Senedd Elections) Code of Practice 2021 (Appointed Day) Order 2021

Minutes:

The Committee considered the Order and was content.

6.3

SL(5)794 - The Senedd Cymru (Returning Officers’ Charges) Order 2021

Minutes:

The Committee considered the Order and was content.

10.05-10.10

7.

Written Statements under Standing Order 30C

7.1

WS-30C(5)218 - The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021

CLA(5)-10-21 – Paper 62 – Written statement

CLA(5)-10-21 – Paper 63 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

7.2

WS-30C(5)219 - The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020

CLA(5)-10-21 – Paper 64 – Written statement

CLA(5)-10-21 – Paper 65 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

10.10-10.15

8.

Papers to note

8.1

Letters from the Minister for Environment, Energy and Rural Affairs: The Exemptions from Official Controls at Border Control Posts (Amendment) Regulations 2021

CLA(5)-10-21 – Paper 66 – Letter from the Minister for Environment, Energy and Rural Affairs, 15 March 2021

CLA(5)-10-21 – Paper 67 – Letter from the Minister for Environment, Energy and Rural Affairs to the Chair of the Climate Change, Environment and Rural Affairs Committee, 15 March 2021

 

Supporting documents:

Minutes:

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

8.2

Correspondence with the Minister for Housing and Local Government: The Local Land Charges (Fees) (Wales) Rules 2021

CLA(5)-10-21 – Paper 68 – Letter from the Minister for Housing and Local Government, 15 March 2021

CLA(5)-10-21 – Paper 69 – Letter to the Minister for Housing and Local Government, 9 March 2021

Supporting documents:

Minutes:

The Committee noted the response from the Minister for Housing and Local Government to its letter on the Local Land Charges (Fees) (Wales) Regulations 2021.

8.3

Letter from the Llywydd: Welsh Elections (Coronavirus) Bill 2021 – impact on Senedd Committees

CLA(5)-10-21 – Paper 70 – Letter from the Llywydd, 15 March 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd.

8.4

Letter from the Minister for Environment, Energy and Rural Affairs to the Parliamentary Under Secretary of State for the Department for Environment, Food and Rural Affairs: The Reservoirs Act (Panels of Civil Engineers) (Applications and Fees) Regulations 2021

CLA(5)-10-21 – Paper 71 – Letter from the Minister for Environment, Energy and Rural Affairs to the Parliamentary Under Secretary of State for the Department for Environment, Food and Rural Affairs, 15 March 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Environment, Energy and Rural Affairs to the Parliamentary Under Secretary of State for the Department for Environment, Food and Rural Affairs.

8.5

Written statement by the Counsel General: Improving the accessibility of Welsh law

CLA(5)-10-21 – Paper 72 – Written statement, 16 March 2021

Supporting documents:

Minutes:

The Committee noted the Counsel General’s written statement.

8.6

Letter from the Minister for Housing and Local Government: British-Irish Council Digital Inclusion Work Sector Ministerial Meeting

CLA(5)-10-21 – Paper 73 – Letter from the Minister for Housing and Local Government, 17 March 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Housing and Local Government, and that it had been sent in accordance with the Inter-institutional Relations Agreement.

8.7

Letter from the Minister for Housing and Local Government: British-Irish Council Joint Housing and Spatial Planning Work Sectors Ministerial meeting

CLA(5)-10-21 – Paper 74 – Letter from the Minister for Housing and Local Government, 18 March 2021

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Housing and Local Government, and that it had been sent in accordance with the Inter-institutional Relations Agreement.

8.8

Correspondence with the Minister for Finance and Trefnydd: Standing Order 30C Written Statement - The Greenhouse Gas Emissions (Kyoto Protocol Registry) (Amendments) (EU Exit) Regulations 2021

CLA(5)-10-21 – Paper 75 – Letter from the Minister for Finance and Trefnydd, 19 March 2021

CLA(5)-10-21 – Paper 76 – Letter to the Minister for Finance and Trefnydd, 15 March 2021

Supporting documents:

Minutes:

The Committee noted the response from the Minister for Finance and Trefnydd to its letter in relation to the Standing Order 30C statement on The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021.

10.15

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.

10.15-10.25

10.

Legislative Consent Memorandum on the Armed Forces Bill - consideration of draft report

CLA(5)-10-21 – Paper 77 – Draft report

Supporting documents:

Minutes:

The Committee considered and agreed its report on the Welsh Government’s Legislative Consent Memorandum on the Armed Forces Bill.

10.25-10.30

11.

Legislative Consent Memorandum on the Animal Welfare (Sentencing) Bill - consideration of draft letter to the Minister

CLA(5)-10-21 – Paper 78 – Draft letter to the Minister for Environment, Energy and Rural Affairs

Supporting documents:

Minutes:

The Committee considered and agreed a draft letter to the Minister for Environment, Energy and Rural Affairs in relation to the Welsh Government’s Legislative Consent Memorandum on the Animal Welfare (Sentencing) Bill.

10.30-10.40

12.

Statutory Instruments laid but not formally scrutinised by the Committee

CLA(5)-10-21 – Paper 79 – Statutory instruments laid but not formally scrutinised by the Committee

Supporting documents:

Minutes:

The Committee considered the approach to the handling of statutory instruments laid but not formally scrutinised by the Committee at the end of the Fifth Senedd. The Committee agreed that a special merits report would be laid on 28 April 2021, that will note the statutory instruments laid between 18 March and 28 April which the Committee has not had an opportunity to scrutinise.

10.40-11.30

13.

Legacy work - consideration of draft report

CLA(5)-10-21 – Paper 80 – Draft report

CLA(5)-10-21 – Paper 81 - Draft letter to Procedures Committee

Supporting documents:

Minutes:

The Committee considered and agreed, subject to minor amendments, its legacy report.

14.

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

CLA(5)-10-21 – Paper 82 – Letter from the Minister for Finance and Trefnydd, 19 March 2021

Supporting documents:

Minutes:

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