This legislative consent
memorandum relates to provisions in the UK Infrastructure Bill that seek to
enable certain environmental authorities to take action to eradicate or control
invasive non-native species (“INNS”) that pose serious threats to biodiversity,
other environmental interests or social or economic interests.
Links to all of the documents referred to on this page are provided below, see ‘Sources and additional information’.
The UK Government’s Infrastructure Bill (‘the Bill’) is currently being considered by the UK Parliament.
Sections of this Bill seek to legislate in areas of competence devolved to the National Assembly for Wales. Convention requires that the National Assembly for Wales (‘the Assembly’) considers consenting to this. The Assembly does this through considering a legislative consent motion tabled by the Welsh Government.
Further information on legislative consent motions is provided in the Research Service’s quick guide The Constitution Series: 6 Legislative Consent Motions.
The Welsh Government published a legislative consent memorandum (‘the memorandum’) on 18 June 2014 that explains this in more detail.
Principally, the memorandum sets out that the provisions in the Bill for which consent is sought are contained within Part 2, Clause16.
Part 2, Clause 16 inserts a new subsection 14(4A) in the Wildlife and Countryside Act 1981 (“the 1981 Act”) providing for measures relating to species control agreements and species control orders to be contained in a new Schedule 9A to the 1981 Act.
This new Schedule 9A is in five parts and runs to 26 sections.
The memorandum sets out the policy intent in more detail. A concise summary is provided in the box below.
Summary of policy intent
Clause 16 will, if made law, allow certain environmental authorities to take action to eradicate or control invasive non-native species (“INNS”) that pose serious threats to biodiversity, other environmental interests or social or economic interests.
This includes powers of entry in defined circumstances.
Sources and Additional Information
A copy of the legislative consent memorandum is available at: http://www.assemblywales.org/laid%20documents/lcm-ld9786%20-%20legislative%20consent%20memorandum%20infrastructure%20bill%20provisions%20for%20the%20control%20of%20invasive%20non-native%20species/lcm-ld9786-e.pdf
The Infrastructure Bill is available on the UK Parliament’s website at: http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0002/15002.pdf
The Research Service’s Quick Guide The Constitution Series: 6 Legislative Consent Motions is available at: http://www.assemblywales.org/qg07-0006.pdf
Standing Orders can be viewed at http://www.assemblywales.org/bus-home/bus-assembly-guidance.htm (Standing Order 29 sets out the process for considering a legislative consent memorandum).
Business type: Legislative Consent
Reason considered: Government Business;
First published: 18/09/2014