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Agenda and minutes

Venue: Committee Room 1 - Senedd. View directions

Contact: Gareth Williams 

Senedd.TV: View the webcast

Transcript: Transcript for 10/12/2018 - Constitutional and Legislative Affairs Committee

Items
Note No. Item

14.30

1.

Introduction, apologies, substitutions and declarations of interest

14.30

2.

Legislation (Wales) Bill: Evidence from the Counsel General: Evidence session 1

Jeremy Miles AM, Counsel General

Dylan Hughes, First Legislative Counsel, Welsh Government 

Dr James George, Legislative Counsel , Welsh Government

Claire Fife, Policy Advisor to the Counsel General, Welsh Government

 

Legislation (Wales) Bill

Explanatory Memorandum

Draft Taxonomy for Codes of Welsh Law

 

CLA(5)-32-18 – Briefing

CLA(5)-32-18 – Research Service Summary

CLA(5)-32-18 – Paper 56 - Correspondence with the Secretary of State for Wales

 

Supporting documents:

Minutes:

The Committee took evidence from Jeremy Miles AM, Counsel General. The Counsel General agreed to write to the Committee with further information on his proposals for the interpretation of bilingual legislation. The Committee agreed to write to the Counsel General with further questions.

15.30

3.

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

CLA(5)-32-18 – Paper 1 – Statutory instruments with clear reports

Supporting documents:

3.1

SL(5)287 - The Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) Regulations 2018

3.2

SL(5)290 - The Social Services and Well-being (Wales) Act 2014 (Isles of Scilly Modification) Regulations 2018

Minutes:

The Committee considered the instruments and were content.

4.

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

4.1

SL(5)285 - The Carcase Classification and Price Reporting (Wales) Regulations 2018

CLA(5)-32-18 – Paper 2 – Report

CLA(5)-32-18 – Paper 3 - Regulations

CLA(5)-32-18 – Paper 4 – 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 points identified. The Committee agreed to write to the Government for further clarification on the points raised in its report.

4.2

SL(5)288 - The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018

CLA(5)-32-18 – Paper 5 – Report

CLA(5)-32-18 – Paper 6 - Regulations

CLA(5)-32-18 – 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.

4.3

SL(5)289 - The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2019

CLA(5)-32-18 – Paper 8 – Report

CLA(5)-32-18 – Paper 9 – Regulations

CLA(5)-32-18 – Paper 10 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

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)284 - The Environmental Noise (Wales) (Amendment) Regulations 2018

CLA(5)-32-18 – Paper 11 - Report

Supporting documents:

Minutes:

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

5.2

SL(5)286 - The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018

CLA(5)-32-18 – Paper 12 - Report

Supporting documents:

Minutes:

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

 

6.

Statutory Instruments requiring Consent: EU Exit

6.1

SICM(5)8 - The Marine Environment (Amendment) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 13 – Letter from the Cabinet Secretary for Energy, Planning and Rural Affairs

CLA(5)-32-18 – Paper 14 – Welsh Government Written Statement: Notification in Relation to Statutory Instruments made by UK Ministers in devolved areas under the European Union (Withdrawal) Act 2018 not laid before the Assembly

CLA(5)-32-18 – Paper 15 – Statutory Instrument Consent Memorandum

CLA(5)-32-18 – Paper 16 – Regulations

CLA(5)-32-18 – Paper 17 – Explanatory Memorandum

CLA(5)-32-18 – Paper 18 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the Cabinet Secretary is not minded to lay a motion for debate. Suzy Davies raised the possibility of tabling a motion in order to debate the SICM. The Chair suggested that the Committee could, in early January, review the Brexit-related SICMs and Written Statements laid under Standing Order 30C considered to date.

6.2

SICM(5)9 - The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 19 – Letter from the Cabinet Secretary for Economy and Transport

CLA(5)-32-18 – Paper 20 – Welsh Government Written Statement: Notification in Relation to Statutory Instruments made by UK Ministers in devolved areas under the European Union (Withdrawal) Act 2018 not laid before the Assembly

CLA(5)-32-18 – Paper 21 – Statutory Instrument Consent Memorandum

CLA(5)-32-18 – Paper 22 – Regulations

CLA(5)-32-18 – Paper 23 – Explanatory Memorandum

CLA(5)-32-18 – Paper 24 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the Cabinet Secretary is not minded to lay a motion for debate.

7.

Written statements under Standing Order 30C

7.1

WS-30C(5)31 - The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment Etc.) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 25 – Statement

CLA(5)-32-18 – Paper 26 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.2

WS-30C(5)32 - The European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 27 – Statement

CLA(5)-32-18 – Paper 28 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.3

WS-30C(5)33 - The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 29 – Statement

CLA(5)-32-18 – Paper 30 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.4

WS-30C(5)34 - The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 31 – Statement

CLA(5)-32-18 – Paper 32 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary. The Committee agreed to write to the Welsh Government about the points raised by Assembly Lawyers in relation to the written statement.

7.5

WS-30C(5)35 - The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 33 – Statement

CLA(5)-32-18 – Paper 34 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary. The Committee agreed to write to the Welsh Government about the points raised by Assembly Lawyers in relation to the written statement.

7.6

WS-30C(5)36 - The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 35 – Statement

CLA(5)-32-18 – Paper 36 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.7

WS-30C(5)37 - The Justification Decision Powers (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 37 – Statement

CLA(5)-32-18 – Paper 38 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.8

WS-30C(5)38 - The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residues Limits) (Amendment etc.) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 39 – Statement

CLA(5)-32-18 – Paper 40 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.9

WS-30C(5)40 - The Trade in Animals and Related Products (Amendment etc.) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 41 – Statement

CLA(5)-32-18 – Paper 42 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.10

WS-30C(5)41 - The Protocol 1 to the EEA Agreement (Amendment) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 43 – Statement

CLA(5)-32-18 – Paper 44 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.11

WS-30C(5)42 - The Common Fisheries Policy (Amendment etc) (EU Exit) Regulations 2018

CLA(5)-32-18 – Paper 45 – Statement

CLA(5)-32-18 – Paper 46 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary. The Committee welcomed the approach taken by the Welsh Government with the written statement.

8.

Papers to note

8.1

Welsh Government Written Statement: Submission and Publication of the Law Commission's Final Report on Planning Law in Wales

CLA(5)-32-18 – Paper 47 – Welsh Government Written Statement

Supporting documents:

Minutes:

The Committee noted the written statement.

8.2

Letter from the Llywydd to the First Minister: the role of the Assembly and its committees in scrutinising Brexit-related legislation

CLA(5)-32-18 – Paper 48 – Letter from the Llywydd

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd to the First Minister.

8.3

Correspondence with the First Minister: Composite and Joint Statutory Instruments

CLA(5)-32-18 – Paper 49 – Letter to the First Minister, 13 November 2018

CLA(5)-32-18 – Paper 50 – Letter from the First Minister, 28 November 2018

 

Supporting documents:

Minutes:

The Committee noted the correspondence with the First Minister and agreed to write to the Procedures Committee to further investigate the issue.

8.4

Letter from the Cabinet Secretary for Economy and Transport: Response to the Committee's Report on the Scrutiny of Regulations made under the Trade Bill

CLA(5)-32-18 – Paper 51 – Letter from the Cabinet Secretary for Economy and Transport

Supporting documents:

Minutes:

The Committee noted the letter from the Cabinet Secretary for Economy and Transport.

8.5

Letter from the Cabinet Secretary for Energy, Planning and Rural Affairs: UK Agriculture Bill

CLA(5)-32-18 – Paper 52 – Letter from Cabinet Secretary for Energy , Planning and Rural Affairs

Supporting documents:

Minutes:

The Committee noted the letter from the Cabinet Secretary for Energy, Planning and Rural Affairs.

8.6

Letter from the Llywydd: Assembly Reform

CLA(5)-32-18 – Paper 53 – Letter from the Llywydd

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd.

16.00

9.

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

Minutes:

The motion was agreed.

10.

Consideration of evidence: Legislation (Wales) Bill

Minutes:

The Committee considered the evidence received from the Counsel General.

11.

Legislative Consent Memorandum: UK Agriculture Bill: Draft Report

CLA(5)-32-18 – Paper 54 – Draft Report

Minutes:

The Committee considered and agreed its draft report, subject to minor corrections.

12.

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

CLA(5)-32-18 – Paper 55 - Update

 

Minutes:

The Committee noted the update.

 

 

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