Agenda and minutes

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Contact: Gareth Williams 

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Transcript: Transcript for 02/11/2020 - Legislation, Justice and Constitution Committee - Fifth Senedd

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.

 

In accordance with Standing Order 17.49, the Chair welcomed Members from the Finance Committee and the External Affairs and Additional Legislation Committee, who joined the meeting for items 1 to 4 on the agenda.

 

10.00-11.00

2.

Legislative Consent Memorandum on the UK Internal Market Bill: Evidence session

Jeremy Miles MS, Counsel General

Sophie Brighouse, Deputy Director, Policy, Welsh Government

Gareth McMahon, Senior Government Lawyer, Welsh Government

 

Legislative Consent Memorandum

 

CLA(5)-31-20 – Briefing

CLA(5)-31-20 – Paper 1 - Welsh Government briefing

CLA(5)-31-20 – Paper 2 – Legal Advice Note

CLA(5)-31-20 – Paper 3 – Research Service: Update on the Bill's progress in the House of Lords

CLA(5)-31-20 – Paper 4 – Research Service: Updated Bill summary

CLA(5)-31-20 – Paper 5 – Letter from the Secretary of State for Wales, 3 October 2020

Supporting documents:

Minutes:

The Committee took evidence from the Counsel General in relation to the Welsh Government’s Legislative Consent Memorandum on the UK Internal Market Bill.

11.00

3.

Motion under Standing Order 17.42 to resolve to exclude the public from Item 4

Minutes:

The Committee agreed the motion.

11.00-11.15

4.

Legislative Consent Memorandum on the UK Internal Market Bill: Consideration of evidence

Minutes:

The Committee considered the evidence received during the session with the Counsel General and agreed to consider its draft report at a future meeting.

5a

pNeg(5)32 - The Teachers’ Qualifications (Amendment) (Wales) (EU Exit) Regulations 2020

Minutes:

In accordance with Standing Order 17.24A, David Melding declared an interest with respect to Item 5.1.

 

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

5b

pNeg(5)34 - The Environment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

Minutes:

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

11.25-11.30

6.

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

CLA(5)-31-20 – Paper 7 – Statutory instruments with clear reports

Supporting documents:

6a

SL(5)637 - The School Teachers’ Pay and Conditions (Wales) Order 2020

Minutes:

The Committee considered the instrument and was content.

11.30-11.40

7.

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

7a

SL(5)636 - The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) (Amendment) Regulations 2020

CLA(5)-31-20 – Paper 8 - Report

CLA(5)-31-20 – Paper 9 – Regulations

CLA(5)-31-20 – Paper 10 – Explanatory Memorandum

CLA(5)-31-20 – Paper 11 – Written statement, 14 October 2020

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified, and to consider the Welsh Government response at a future meeting.

7b

SL(5)639 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 15) Regulations 2020

CLA(5)-31-20 – Paper 12 - Report

CLA(5)-31-20 – Paper 13 – Regulations

CLA(5)-31-20 – Paper 14 – Explanatory Memorandum

CLA(5)-31-20 – Paper 15 - Letter from the Minister for Finance and Trefnydd, 16 October 2020

CLA(5)-31-20 – Paper 16 – Written statement, 15 October 2020

 

Supporting documents:

Minutes:

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

7c

SL(5)642 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 16) Regulations 2020

CLA(5)-31-20 – Paper 17 – Report

CLA(5)-31-20 – Paper 18 – Regulations

CLA(5)-31-20 – Paper 19 – Explanatory Memorandum

CLA(5)-31-20 – Paper 20 – Letter from the Minister for Finance and Trefnydd, 23 October 2020

CLA(5)-31-20 – Paper 21 – Written statement, 22 October 2020

Supporting documents:

Minutes:

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

7d

SL(5)638 – The Health Protection (Coronavirus Restrictions) (No.2) (Wales) (Amendment) (No. 19) Regulations 2020

CLA(5)-31-20 – Paper 22 – Report

CLA(5)-31-20 – Paper 23 – Regulations

CLA(5)-31-20 – Paper 24 – Explanatory Memorandum

CLA(5)-31-20 – Paper 25 – Letter from the First Minister, 16 October 2020

CLA(5)-31-20 – Paper 26 – Written statement, 16 October 2020

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified, and to consider the Welsh Government response at a future meeting.

7e

SL(5)641 - The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020

CLA(5)-31-20 – Paper 27 – Report

CLA(5)-31-20 – Paper 28 – Regulations

CLA(5)-31-20 – Paper 29 – Explanatory Memorandum

CLA(5)-31-20 – Paper 30 – Letter from the First Minister, 21 October 2020

CLA(5)-31-20 – Paper 31 – Written statement, 19 October 2020

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Senedd in line with the reporting points identified in the draft report, along with other additional points highlighted during the meeting.

11.40-11.45

8.

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

8a

SL(5)607 - The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 8) (Caerphilly) Regulations 2020

CLA(5)-31-20 – Paper 32 – Report

CLA(5)-31-20 – Paper 33 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

8b

SL(5)611 - The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities) (Wales) Regulations 2020

CLA(5)-31-20 – Paper 34 – Report

CLA(5)-31-20 – Paper 35 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

8c

SL(5)616 - The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020

CLA(5)-31-20 – Paper 36 – Report

CLA(5)-31-20 – Paper 37 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

8d

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

CLA(5)-31-20 – Paper 38 – Report

CLA(5)-31-20 – Paper 39 – Welsh Government response

Supporting documents:

Minutes:

The Committee noted the Welsh Government response, and agreed to write to the Welsh Government with further comments.

11.45-11.50

9.

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

9a

SL(5)635 - The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

CLA(5)-31-20 – Paper 40 – Report

CLA(5)-31-20 – Paper 41 – Regulations

CLA(5)-31-20 – 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 points identified.

11.50-12.00

10.

Statutory Instruments requiring Senedd consent (Statutory Instrument Consent Memorandums)

10a

SICM(5)31 - The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 43 – Statutory Instrument Consent Memorandum

CLA(5)-31-20 – Paper 44 – Regulations

CLA(5)-31-20 – Paper 45 – Explanatory Memorandum

CLA(5)-31-20 – Paper 46 – Written statement

CLA(5)-31-20 – Paper 47 - Commentary

Supporting documents:

Minutes:

The Committee noted the Statutory Instrument Consent Memorandum (SICM) and the commentary. The Committee also noted that it was likely that the SICM would be withdrawn and re-laid, as the Regulations to which the SICM relates were withdrawn from the UK Parliament on 20 October.

10b

SICM(5)32 - The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 48 – Statutory Instrument Consent Memorandum

CLA(5)-31-20 – Paper 49 – Regulations

CLA(5)-31-20 – Paper 50 – Explanatory Memorandum

CLA(5)-31-20 – Paper 51 – Letter from the Minister for Health and Social Services, 15 October 2020

CLA(5)-31-20 – Paper 52 – Written statement

CLA(5)-31-20 – Paper 53 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the SICM and the commentary.

10c

SICM(5)33 - The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 which contain amendments to section 155 (2) and (3) of the Equality Act 2010

CLA(5)-31-20 – Paper 54 – Statutory Instrument Consent Memorandum

CLA(5)-31-20 – Paper 55 – Regulations

CLA(5)-31-20 – Paper 56 – Explanatory Memorandum

CLA(5)-31-20 – Paper 57 – Written statement

CLA(5)-31-20 – Paper 58 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the SICM and the commentary.

10d

SICM(5)34 - The Common Fisheries Policy (Amendments etc.) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 59 – Statutory Instrument Consent Memorandum

CLA(5)-31-20 – Paper 60 – Regulations

CLA(5)-31-20 – Paper 61 – Explanatory Memorandum

CLA(5)-31-20 – Paper 62 – Letter from the Minister for Environment, Energy and Rural Affairs, 22 October 2020

CLA(5)-31-20 – Paper 63 – Written statement

CLA(5)-31-20 – Paper 64 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the SICM and the commentary.

10e

SICM(5)35 - The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 65 – Statutory Instrument Consent Memorandum

CLA(5)-31-20 – Paper 66 – Regulations

CLA(5)-31-20 – Paper 67 – Explanatory Memorandum

CLA(5)-31-20 – Paper 68 – Letter from the Minister for Environment, Energy and Rural Affairs, 22 October 2020

CLA(5)-31-20 – Paper 69 – Written statement

CLA(5)-31-20 – Paper 70 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the SICM and the commentary.

10f

SICM(5)37 - The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 71 – Statutory Instrument Consent Memorandum

CLA(5)-31-20 – Paper 72 – Regulations

CLA(5)-31-20 – Paper 73 – Explanatory Memorandum

CLA(5)-31-20 – Paper 74 – Letter from the Minister for Environment, Energy and Rural Affairs, 27 October 2020

CLA(5)-31-20 – Paper 75 – Written statement

CLA(5)-31-20 – Paper 76 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the SICM and the commentary.

 

The Committee agreed to write to the Welsh Government, in relation to all SICMs considered at the meeting, to again raise concerns with the Welsh Government’s approach to tabling consent motions for debate.

12.00-12.15

11.

Written statements under Standing Order 30C

11a

WS-30C(5)174 - The Persistent Organic Pollutants (Amendments) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 77 – Written statement

CLA(5)-31-20 – Paper 78 – Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11b

WS-30C(5)175 - Pesticides (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 79 – Written statement

CLA(5)-31-20 – Paper 80 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11c

WS-30C(5)177 - The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 81 – Written statement

CLA(5)-31-20 – Paper 82 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11d

WS-30C(5)178 - The State Aid (Revocation etc.) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 83 – Written statement

CLA(5)-31-20 – Paper 84 – 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.

11e

WS-30C(5)179 - The Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 85 – Written statement

CLA(5)-31-20 – Paper 86 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11f

WS-30C(5)181 - The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 87 – Written statement

CLA(5)-31-20 – Paper 88 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11g

WS-30C(5)182 - Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 89 – Written statement

CLA(5)-31-20 – Paper 90 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11h

WS-30C(5)183 - The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 91 – Written statement

CLA(5)-31-20 – Paper 92 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11i

WS-30C(5)184 - Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 93 – Written statement

CLA(5)-31-20 – Paper 94 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11j

WS-30C(5)186 - The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 95 – Written statement

CLA(5)-31-20 – Paper 96 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11k

WS-30C(5)189 - The Control of Mercury (Amendment) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 97 – Written statement

CLA(5)-31-20 – Paper 98 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11l

WS-30C(5)190 - The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020

CLA(5)-31-20 – Paper 99 – Written statement

CLA(5)-31-20 – Paper 100 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary. In addition, the Committee agreed to write to the Welsh Government to seek clarification in relation to the statement.

12.15-12.20

12.

Inter-Institutional Relations Agreement between the Senedd and the Welsh Government: Annual Report

CLA(5)-31-20 – Paper 101 – Inter-Institutional Relations Agreement between the Senedd and the Welsh Government, Annual Report 2019-2020

CLA(5)-31-20 – Paper 102 – Written statement, 26 October 2020

Supporting documents:

Minutes:

The Committee noted the Welsh Government’s first annual report in relation to the Inter-Institutional Relations Agreement.

12.20-12.25

13.

Papers to note

13a

Letter to the Llywydd: Scrutiny of Covid-19 regulations

CLA(5)-31-20 – Paper 103 – Letter to the Llywydd, 22 October 2020

Supporting documents:

Minutes:

The Committee noted the letter to the Llywydd.

13b

Letter from the Chair of the Climate Change, Environment and Rural Affairs Committee to the Minister for Environment, Energy and Rural Affairs: The draft Framework Outline Agreement (FOA) for Hazardous Substances Planning

CLA(5)-31-20 – Paper 104 – Letter from the Chair of the Climate Change, Environment and Rural Affairs Committee, 26 October 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the Climate Change, Environment and Rural Affairs Committee.

13c

Letter from the Counsel General: Drafting of Welsh Bills

CLA(5)-31-20 – Paper 105 – Letter from the Counsel General, 28 October 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

13d

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

CLA(5)-31-20 – Paper 106 – Letter from the Counsel General, 29 October 2020

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

12.25

14.

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

Minutes:

The Committee agreed the motion.

12.25-12.30

15.

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

CLA(5)-31-20 – Paper 107 – Draft report

Supporting documents:

Minutes:

The Committee considered and agreed its draft report on the Legislative Consent Memorandum on the Non-Domestic Rating (Lists) (No. 2) Bill.

12.30-12.40

16.

Scrutiny of regulations arising from the UK’s exit from the European Union - Protocol between the Welsh Government and the Legislation, Justice and Constitution Committee of Senedd Cymru

CLA(5)-31-20 – Paper 108 – Letter from the Minister for Finance and Trefnydd, 29 October 2020

CLA(5)-31-20 – Paper 109 – Revised Protocol

CLA(5)-31-20 – Paper 110 – Letter from the First Minister, 16 September 2020

CLA(5)-31-20 – Paper 111 – Letter to the First Minster, 23 July 2020

Supporting documents:

Minutes:

The Committee considered and agreed the draft revised protocol in relation to the scrutiny of regulations arising from the UK’s exit from the European Union.

11.20-11.25

5.

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

CLA(5)-31-20 – Paper 6 - Proposed negative statutory instruments with clear reports

Supporting documents: