Agenda and minutes

Venue: Committee Room 1 - Senedd. View directions

Contact: Gareth Williams 

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Transcript: Transcript for 17/09/2018 - Legislation, Justice and Constitution Committee

Items
No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Mandy Jones AM.

2.

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

CLA(5)-21-18 – Paper 1 – Statutory Instruments with clear reports

Supporting documents:

2.1

SL(5)238 - The Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) (Amendment) Order 2018

2.2

SL(5)244 - The Education Workforce Council (Membership and Appointment) (Wales) (Amendment) Regulations 2018

2.3

SL(5)245 - The Landfill Disposals Tax (Wales) Act 2017 (Site Restoration Relief) (Amendment) Regulations 2018

Minutes:

The Committee considered the instruments and was content.

3.

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

3.1

SL(5)237 - The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018

CLA(5)-21-18 – Paper 2 – Report

CLA(5)-21-18 – Paper 3 – Regulations

CLA(5)-21-18 – Paper 4 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with reporting point identified.

 

3.2

SL(5)239 - The Education (Student Loans) (Repayment) (Amendment) (No.3) Regulations 2018

CLA(5)-21-18 – Paper 5 – Report

CLA(5)-21-18 – Paper 6 - Regulations

CLA(5)-21-18 – Paper 7 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting point identified. The Committee noted the Explanatory Memorandum refers to a consultation undertaken however, there is no summary of the consultation made available. The Committee will write to the Cabinet Secretary to seek Education for clarification.

3.3

SL(5)240 - The Education (Student Support) (Wales) (Amendment) Regulations 2018

CLA(5)-21-18 – Paper 8 - Report

CLA(5)-21-18 – Paper 9 - Regulations

CLA(5)-21-18 – Paper 10 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument along with the Government response and will report to the Assembly in line with the reporting point identified. The Committee noted that the Government state in its response that there is no policy change, however, the Regulatory Impact Assessment states, in relation to both regulations 8 and 9, that “the regulation has been made more permissive”. The Committee will write to the Cabinet Secretary for Education to seek clarification.

3.4

SL(5)248 - The Food and Rural Affairs (Miscellaneous Revocations) Regulations 2018

CLA(5)-21-18 – Paper 11 - Report

CLA(5)-21-18 – Paper 12 - Regulations

CLA(5)-21-18 – Paper 13 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting point identified. The Committee highlighted that the Explanatory Memorandum makes no reference as to why the instrument is made in English only. The Committee will write to the Cabinet Secretary for Energy, Planning and Rural Affairs to seek clarification.

4.

Instruments that raise issues to be reported to the Assembly under Standing Order 27

4.1

SL(5)246 - Code of Practice for the Welfare of Dogs

CLA(5)-21-18 – Paper 14 - Report

CLA(5)-21-18 – Paper 15 – Code of Practice

CLA(5)-21-18 – Paper 16 – Explanatory Memorandum

 

 

Supporting documents:

4.2

SL(5)247 - Code of Practice for the Welfare of Horses

CLA(5)-21-18 – Paper 17 - Report

CLA(5)-21-18 – Paper 18 – Code of Practice

CLA(5)-21-18 – Paper 19 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the Codes of Practice and will report to the Assembly to highlight issues as a result of the UK exiting the EU.

5.

Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 but have implications as a result of the UK exiting the EU

5.1

SL(5)241 - The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2018

CLA(5)-21-18 – Paper 20 - Report

Supporting documents:

5.2

SL(5)242 - The Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2018

CLA(5)-21-18 – Paper 21 - Report

 

Supporting documents:

5.3

SL(5)251 - The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018

CLA(5)-21-18 – Paper 22 - Report

 

Supporting documents:

Minutes:

The Committee considered the instruments and will report to the Assembly to highlight issues as a result of the UK exiting the EU

6.

Statutory Instruments requiring Assembly consent (Statutory Instrument Consent Memorandums)

6.1

SICM(5)3 - Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

CLA(5)-21-18 – Paper 23 – Statutory Instrument Consent Memorandum

CLA(5)-21-18 – Paper 24 – Letter from the Cabinet Secretary for Energy, Environment and Rural Affairs

 

 

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and in the circumstances were content with the approach adopted by the Cabinet Secretary for Energy, Planning and Rural Affairs

7.

Papers to note

7.1

Letter to the Llywydd from the Minister for Children, Older People and Social Care regarding the Childcare Funding (Wales) Bill

CLA(5)-21-18 – Paper 25 – Letter to the Llywydd from the Minister for Children, Older People and Social Care, 10 July 2018

 

Supporting documents:

Minutes:

The Committee noted the letter to the Llywydd along with the letter received from the Minister earlier that day (circulated in hard copy) in response to the Committee’s recommendations. Members noted that the Stage 1 Plenary debate on the General Principles of the Bill is scheduled for the following day, 18 September. Members agreed that if the Minister’s further consideration of the Committee recommendations resulted in significant amendments being made to the Bill, the Committee may wish to consider the Bill at an appropriate point in time.

7.2

Letter to the Leader of the House regarding European Union (Withdrawal) Act 2018 – regulations made under Schedule 4

CLA(5)-21-18 – Paper 26 – Letter to the Leader of the House, 11 July 2018

 

Supporting documents:

Minutes:

The Committee noted the letter to the Leader of the House regarding Schedule 4 regulations and the response from the Leader of the House received earlier that day (circulated in hard copy).

7.3

Letter from the Leader of the House and Chief Whip regarding regulations made under the European Union (Withdrawal) Act 2018

CLA(5)-21-18 – Paper 27 – Letter from the Leader of the House, 20 July 2018

Supporting documents:

Minutes:

The Committee noted the letter from the Leader of the House.

7.4

Letter from the Leader of the House and Chief Whip regarding regulations made under the European Union (Withdrawal) Act 2018

CLA(5)-21-18 – Paper 28 – Letter from the Leader of the House and Chief Whip, 28 August 2018

Supporting documents:

Minutes:

The Committee noted the letter from the Leader of the House, and agreed to respond to the Leader of the House in due course.

7.5

Correspondence with the Cabinet Secretary for Local Government and Public Services regarding Concordat with the Ministry for Justice and the Welsh Government

CLA(5)-21-18 – Paper 29 – Letter to the Cabinet Secretary for Local Government and Public Services, 11 July 2018

CLA(5)-21-18 – Paper 30 – Letter from the Cabinet Secretary for Local Government and Public Services, 14 August 2018

 

Supporting documents:

Minutes:

The Committee noted correspondence with the Cabinet Secretary for Local Government and Public Services and agreed to write to the Cabinet Secretary to request a copy of the reciprocal guidance once finalised.

7.6

Letter from the Chair of the External Affairs and Additional Legislation Committee: Brexit Transition

CLA(5)-21-18 – Paper 31 – Letter from the Chair of the External Affairs and Additional Legislation Committee, 20 July 2018

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the External Affairs and Additional Legislation Committee. The Committee and agreed to send the External Affairs and Additional Legislation Committee a copy of the draft Inter-Institutional Agreement that it is developing with the Welsh Government.

7.7

Letter from the Cabinet Secretary for Education to the Children, Young People and Education Committee: Additional Learning Needs Transformation

CLA(5)-21-18 – Paper 32 – Letter from the Cabinet Secretary for Education, 17 July 2018

Supporting documents:

Minutes:

The Committee noted the letter from the Cabinet Secretary for Education.

7.8

Letter from the Llywydd to Committee Chairs: Senedd@

CLA(5)-21-18 – Paper 33 – Letter from the Llywydd, 18 July 2018

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd.

7.9

Welsh Government Written Statement and Supplementary Evidence to the Commission on Justice in Wales

CLA(5)-21-18 – Paper 34 – Welsh Government Written Statement and supplementary evidence, 31 August 2018

Supporting documents:

Minutes:

The Committee noted the written statement and the supplementary evidence to the Commission on Justice in Wales.

7.10

The Royal Society of Edinburgh - Advice paper August 2018: Scottish Parliament Finance and Constitution Committee Common UK Frameworks

CLA(5)-21-18 – Paper 35 - The Royal Society of Edinburgh - Advice paper August 2018

Supporting documents:

Minutes:

The Committee noted the advice paper from the Royal Society of Edinburgh.

7.11

Statements: Introduction of UK Agriculture Bill

CLA(5)-21-18 – Paper 36 – Welsh Government Written Statement: Introduction of UK Agriculture Bill

CLA(5)-21-18 – Paper 37 – Joint statement by UK and Welsh Governments: Agricultural framework progress update

Supporting documents:

Minutes:

The Committee noted the statements and agreed to write Cabinet Secretary for Energy, Planning and Rural Affairs.

7.12

Welsh Government response to the Committee's Report: Scrutiny of Regulations made under the European Withdrawal Act 2018: Operational Matters

CLA(5)-21-18 – Paper 38 – Welsh Government Response to the Committee’s Report

Supporting documents:

Minutes:

The Committee noted the Welsh Government response.

8.

Motion under Standing Order 17.42 to resolve to exclude the public from the meeting for the following business:

Minutes:

The motion was agreed.

9.

Draft Protocol with Welsh Government - Scrutiny of regulations made under the European Union (Withdrawal) Act 2018

CLA(5)-21-18 – Paper 39 – Draft Protocol

Minutes:

The Committee considered the draft protocol and agreed the next steps.

10.

Statutory Instruments made by UK Ministers requiring Assembly Consent: practice in light of Brexit

CLA(5)-21-18 – Paper 40 - Statutory Instruments made by UK Ministers requiring Assembly Consent

Minutes:

The Committee considered and agreed the approach already adopted by the Welsh Government in relation to Statutory Instruments Consent Memoranda relating to Brexit legislation.

11.

Legislating for the Withdrawal Agreement between the UK and the EU: Update

CLA(5)-21-18- Paper 41 - Update

Minutes:

The Committee noted the update.

12.

House of Commons Public Administration and Constitutional Affairs Committee Report - Summary

CLA(5)-21 – 18 – Paper 42 - Summary

Minutes:

The Committee considered the summary.

13.

Forward Work Programme

CLA(5)-21-18 – Paper 43 – Forward Work Programme

Minutes:

The Committee considered its forward work programme for the autumn term.

 

 

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