Agenda and minutes

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Contact: Gareth Williams 

Media

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Transcript: Transcript for 19/10/2020 - Legislation, Justice and Constitution Committee - Fifth Senedd

Items
Expected timing 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.

 

In accordance with Standing Order 17.24A, David Melding declared an interest with respect to Item 2.1.

10.00-10.10

2.

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

2.1

SL(5)630 - The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020

CLA(5)-30-20 – Paper 1 – Report

CLA(5)-30-20 – Paper 2 – Regulations

CLA(5)-30-20 – Paper 3 – 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 consider the Welsh Government response at a future meeting.

2.2

SL(5)632 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 14) Regulations 2020

CLA(5)-30-20 – Paper 4 – Report

CLA(5)-30-20 – Paper 5 – Regulations

CLA(5)-30-20 – Paper 6 – Explanatory Memorandum

CLA(5)-30-20 – Paper 7 – Letter from the Minister for Finance and Trefnydd, 9 October 2020

CLA(5)-30-20 – Paper 8 – Written statement, 8 October 2020

Supporting documents:

Minutes:

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

2.3

SL(5)631 - The Representation of the People (Election Expenses Exclusion) (Wales) (Amendment) Order 2020

CLA(5)-30-20 – Paper 9 – Report

CLA(5)-30-20 – Paper 10 – Order

CLA(5)-30-20 – Paper 11 – Explanatory Memorandum

Supporting documents:

Minutes:

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

2.4

SL(5)633 - The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) (Amendment) Regulations 2020

CLA(5)-30-20 – Paper 12 - Report

CLA(5)-30-20 – Paper 13 - Regulations

CLA(5)-30-20 – Paper 14 – Explanatory Memorandum

CLA(5)-30-20 – Paper 15 – Letter from the First Minister, 9 October 2020

Supporting documents:

Minutes:

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

2.5

SL(5)634 - The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 18) (Bangor) Regulations 2020

CLA(5)-30-20 – Paper 16 – Report

CLA(5)-30-20 – Paper 16a – Welsh Government response

CLA(5)-30-20 – Paper 17 – Regulations

CLA(5)-30-20 – Paper 18 – Explanatory Memorandum

CLA(5)-30-20 – Paper 19 – Letter from the First Minister, 9 October 2020

CLA(5)-30-20 – Paper 20 – Written statement, 9 October 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.

10.10-10.15

3.

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

3.1

SL(5)625 - The Smoke-free Premises and Vehicles (Wales) Regulations 2020

CLA(5)-30-20 – Paper 21 – Report

CLA(5)-30-20 – Paper 22 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response and that the Explanatory Memorandum to the Regulations had been revised.

3.2

SL(5)627 – The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 16) (Conwy, Denbighshire, Flintshire and Wrexham) Regulations 2020

CLA(5)-30-20 – Paper 23 – Report

CLA(5)-30-20 – Paper 24 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

3.3

SL(5)623 - The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020

CLA(5)-30-20 – Paper 51 – Report

CLA(5)-30-20 – Paper 52 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response and agreed to write to the Welsh Government to seek further clarification in relation to its original reporting points.

10.15-10.20

4.

Statutory Instruments requiring Senedd consent (Statutory Instrument Consent Memorandums)

4.1

SICM(5)30 - The Reciprocal and Cross-Border Healthcare (Amendment etc) (EU Exit) Regulations 2020

CLA(5)-30-20 – Paper 25 – Statutory Instrument Consent Memorandum

CLA(5)-30-20 – Paper 26 – Regulations

CLA(5)-30-20 – Paper 27 – Explanatory Memorandum

CLA(5)-30-20 – Paper 28 – Letter from the Minister for Health and Social Services, 2 October 2020

CLA(5)-30-20 – Paper 29 – Written statement

CLA(5)-30-20 – Paper 30 - Commentary

Supporting documents:

Minutes:

The Committee noted the Statutory Instrument Consent Memorandum (SICM) and the commentary. The Committee agreed to write to the Minister to raise concern that the Welsh Government would not be tabling a motion for debate on the SICM.

10.20-10.25

5.

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

CLA(5)-30-20 – Paper 31 – Written statement

CLA(5)-30-20 – Paper 32 – Report

CLA(5)-30-20 – Paper 33 – Frameworks Analysis 2020

Supporting documents:

Minutes:

The Committee noted the written statement and the report.

10.25-10.30

6.

Written statements under Standing Order 30C

6.1

WS-30C(5)170 - The Agriculture (Payments) (Amendments etc.) (EU Exit) Regulations 2020

CLA(5)-30-20 – Paper 34 – Written statement

CLA(5)-30-20 – Paper 35 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

6.15

WS-30C(5)171 - The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020

CLA(5)-30-20 – Paper 36 – Written statement

CLA(5)-30-20 – Paper 37 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary, in particular that there is a disagreement between the Welsh Government and the UK Government as to whether consent is needed.

6.3

WS-30C(5)172 - The Food (Amendment) (EU Exit) Regulations 2020

CLA(5)-30-20 – Paper 38 – Written statement

CLA(5)-30-20 – Paper 39 - 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 Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Wales: UK Internal Market Bill

CLA(5)-30-20 – Paper 40 – Letter from the Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Wales, 12 October 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Wales.

7.2

Letter from the Counsel General: Breaches of the 21 day rule and other matters concerning Covid-related legislation

CLA(5)-30-20 – Paper 41 – Letter from the Counsel General, 12 October 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

7.3

Letter from the Deputy Minister and Chief Whip: Legislative Consent Memorandum on the Domestic Abuse Bill

CLA(5)-30-20 – Paper 42 – Letter from the Deputy Minister and Chief Whip, 15 October 2020

Supporting documents:

Minutes:

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

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.

10.35-10.50

9.

UK Internal Market Bill: Briefing from Welsh Government

CLA(5)-30-20 – Paper 43 – Welsh Government briefing

CLA(5)-30-20 – Paper 44 – Written statement, 15 October 2020

Supporting documents:

Minutes:

The Committee noted the briefing from the Welsh Government in relation to the UK Internal Market Bill. In addition, the Committee noted that it would be taking evidence from the Counsel General on the Welsh Government’s Legislative Consent Memorandum on the Bill at its meeting on 2 November 2020, and that members of the External Affairs and Additional Legislation Committee and the Finance Committee have been invited to join the meeting.

10.50-10.55

10.

Brexit update - common frameworks

CLA(5)-30-20 – Paper 45 – Research Service briefing

Supporting documents:

Minutes:

The Committee noted the briefing from the Research Service in relation to common frameworks.

10.55-11.05

11.

The Greenhouse Gas Emissions Trading Scheme Order 2020: Consideration of draft report

CLA(5)-30-20 – Paper 46 – Draft report

Supporting documents:

Minutes:

The Committee considered and agreed, subject to minor amendments, its report on the Greenhouse Gas Emissions Trading Scheme Order 2020.

11.05-11.15

12.

Legislative Consent Memorandum on the Medicines and Medical Devices Bill: Consideration of draft report

CLA(5)-30-20 – Paper 47 – Draft report

Supporting documents:

Minutes:

The Committee considered and agreed its draft report on the Legislative Consent Memorandum on the Medicines and Medical Devices Bill. The Committee noted that the report would be laid by the reporting deadline of 22 October 2020.

11.15-11.25

13.

Legislative Consent Memorandum on the Non-Domestic Rating (Lists) (No. 2) Bill: Consideration of draft report

CLA(5)-30-20 – Paper 48 – Draft report

Supporting documents:

Minutes:

The Committee considered its draft report on the Legislative Consent Memorandum on the Non-Domestic Rating (Lists) (No. 2) Bill, and agreed to consider an amended draft at the next meeting.

11.25-11.30

14.

Covid-19 regulations: Consideration of correspondence

CLA(5)-30-20 – Paper 49 – Letter from the Llywydd, 8 October 2020

CLA(5)-30-20 – Paper 50 – Background briefing

Supporting documents:

Minutes:

The Committee considered the key issues in relation to the scrutiny of Covid-19 regulations and how they wished to respond to the letter from the Llywydd of 8 October 2020.