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Transcript: Transcript for 16/11/2020 - 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)-33-20 – Paper 1 - Proposed negative statutory instruments with clear

reports

2.1

pNeg(5)36 - The Environmental Assessments and Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

Minutes:

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

2.2

pNeg(5)37 - The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Wales) (Amendment) (EU Exit) Regulations 2020

Minutes:

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

2.3

pNeg(5)38 - The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020

Minutes:

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

2.4

pNeg(5)39 - The Food and Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

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)-33-20 – Paper 2 – Statutory instruments with clear reports

3.1

SL(5)645 - The Additional Learning Needs Co-ordinator (Wales) Regulations 2020

Minutes:

The Committee considered the instrument and was content.

3.2

SL(5)646 - The Legislation (Wales) Act 2019 (Amendment of Schedule 1) Regulations 2020

 

Minutes:

The Committee considered the instrument and was content.

09.40-09.45

4.

Instruments previously considered for sifting and now subject to scrutiny under Standing Orders 21.2 and 21.3

4.1

SL(5)650 - The Environment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

CLA(5)-33-20 – Paper 3 – Report

CLA(5)-33-20 – Paper 4 – Regulations

CLA(5)-33-20 – Paper 5 – Explanatory Memorandum

Minutes:

The Committee considered the instrument and agreed to report to the Senedd to highlight issues as a result of the UK’s exit from the European Union.

09.45-09.55

5.

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

5.1

SL(5)643 - The Waste (Wales) (Miscellaneous Amendments) Regulations 2020

CLA(5)-33-20 – Paper 6 – Report

CLA(5)-33-20 – Paper 7 – Regulations

CLA(5)-33-20 – Paper 8 – Explanatory Memorandum

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.

5.2

SL(5)647 - The Welsh in Education Strategic Plans (Wales) (Amendment) (Coronavirus) Regulations 2020

CLA(5)-33-20 – Paper 9 – Report

CLA(5)-33-20 – Paper 10 – Regulations

CLA(5)-33-20 – Paper 11 – Explanatory Memorandum

 

Minutes:

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

5.3

SL(5)648 - The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2020

CLA(5)-33-20 – Paper 12 – Report

CLA(5)-33-20 – Paper 13 – Regulations

CLA(5)-33-20 – Paper 14 – Explanatory Memorandum

 

Minutes:

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

5.4

SL(5)651 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 18) Regulations 2020

CLA(5)-33-20 – Paper 15 – Report

CLA(5)-33-20 – Paper 16 – Regulations

CLA(5)-33-20 – Paper 17 – Explanatory Memorandum

CLA(5)-33-20 – Paper 18 – Letter from the Minister for Finance and Trefnydd, 6 November 2020

CLA(5)-33-20 – Paper 19 – Written statement, 6 November 2020

 

Minutes:

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

5.5

SL(5)652 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 19) Regulations 2020

CLA(5)-33-20 – Paper 20 – Report

CLA(5)-33-20 – Paper 21 – Regulations

CLA(5)-33-20 – Paper 22 – Explanatory Memorandum

CLA(5)-33-20 – Paper 23 – Letter from the Minister for Finance and Trefnydd, 6 November 2020

CLA(5)-33-20 – Paper 24 – Written statement, 5 November 2020

Minutes:

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

5.6

SL(5)649 – The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

CLA(5)-33-20 – Paper 25 – Report

CLA(5)-33-20 – Paper 26 – Regulations

CLA(5)-33-20 – Paper 27 – Explanatory Memorandum

CLA(5)-33-20 – Paper 28 – Letter from the First Minister, 5 November 2020

CLA(5)-33-20 – Paper 29 – Written statement, 2 November 2020

Minutes:

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

5.7

SL(5)653 - The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020

CLA(5)-33-20 – Paper 30 – Report

CLA(5)-33-20 – Paper 31 – Regulations

CLA(5)-33-20 – Paper 32 – Explanatory Memorandum

CLA(5)-33-20 – Paper 33 – Letter from the Minister for Health and Social Services, 7 November 2020

 

Minutes:

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

10.00

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

CLA(5)-33-20 – Paper 34 – Report

CLA(5)-33-20 – Paper 35 – Welsh Government response

Minutes:

The Committee noted the Welsh Government response.

6.17

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

CLA(5)-33-20 – Paper 36 – Report

CLA(5)-33-20 – Paper 37 – Welsh Government response

Minutes:

The Committee noted the Welsh Government response.

6.3

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

CLA(5)-33-20 – Paper 38 – Report

CLA(5)-33-20 – Paper 39 – Welsh Government response

Minutes:

The Committee noted the Welsh Government response and agreed to give it further consideration at a future meeting.

10.00-10.05

7.

Written Statements under Standing Order 30C

7.1

WS-30C(5)199 - The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020

CLA(5)-33-20 – Paper 40 – Written statement

CLA(5)-33-20 – Paper 41 - Commentary

Minutes:

The Committee noted the statement and the commentary.

7.2

WS-30C(5)201 - The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

CLA(5)-33-20 – Paper 42 – Written statement

CLA(5)-33-20 – Paper 43 - Commentary

 

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.

7.3

WS-30C(5)202 - The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020

CLA(5)-33-20 – Paper 44 – Written statement

CLA(5)-33-20 – Paper 45 - Commentary

 

Minutes:

The Committee noted the statement and the commentary.

7.4

WS-30C(5)203 - The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020

CLA(5)-33-20 – Paper 46 – Written statement

CLA(5)-33-20 – Paper 47 - Commentary

Minutes:

The Committee noted the statement and the commentary.

10.05-10.10

8.

Papers to note

8.1

Letter from the First Minister: The Health Protection (Coronavirus Restrictions) (No.2) (Wales) Regulations 2020

CLA(5)-33-20 – Paper 48 – Letter from the First Minister, 9 November 2020

Minutes:

The Committee noted the letter from the First Minister.

8.2

Letter from the Deputy Minister and Chief Whip: Statutory Instrument Consent Memorandum - The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

CLA(5)-33-20 – Paper 49 – Letter from the Deputy Minister and Chief Whip, 12 November 2020

Minutes:

The Committee noted the letter from the Deputy Minister and Chief Whip and agreed to reference the letter and the SICM in its letter to the Llywydd on the Welsh Government’s approach to SICMs (as agreed at the meeting on 9 November 2020).

8.3

Letter from the First Minister: Scrutiny of regulations arising from the UK’s exit from the European Union

CLA(5)-33-20 – Paper 50 – Letter from the First Minister, 12 November 2020

Minutes:

The Committee noted the letter from the First Minister and that the revised Protocol in relation to the scrutiny of regulations arising from the UK’s exit from the European Union was now in force.

10.10

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.

10.10-10.15

10.

UK Internal Market Bill: Update on the Bill's progress in the House of Lords

CLA(5)-33-20 – Paper 51 – Research Service briefing

Minutes:

The Committee received an update on the progress of the UK Internal Market Bill through the House of Lords.

11.15-11.20

11.

Scrutiny of regulations made under the EU (Withdrawal) Act 2018: Update

CLA(5)-33-20 – Paper 52 – Letter from the Minister for Finance and Trefnydd, 12 November 2020

Minutes:

The Committee noted the update in relation to the scrutiny of regulations made under the EU (Withdrawal) Act 2018.

10.20-10.45

12.

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

CLA(5)-33-20 – Paper 53 – Draft report

Minutes:

The Committee considered a revised draft of its report on the Welsh Government’s Legislative Consent Memorandum on the UK Internal Market Bill, and agreed to consider a final draft before laying the report by the required deadline.

 

 

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