Agenda and minutes
Venue: Committee Room 5 - Tŷ Hywel. View directions
Contact: Gareth Williams
Media
Senedd.TV: View the webcast
Transcript: Transcript for 02/11/2020 - Legislation, Justice and Constitution Committee - Fifth Senedd
Expected timing | No. | Item |
---|---|---|
10.00 |
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 |
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 |
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 |
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. |
|
11.20-11.25 |
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: |
|
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. |
||
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 |
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: |
|
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 |
Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 |
|
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. |
||
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. |
||
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. |
||
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. |
||
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 |
Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 - previously considered |
|
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. |
||
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. |
||
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. |
||
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 |
Subordinate legislation that raises issues to be reported to the Assembly under Standing Order 21.7 |
|
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 |
Statutory Instruments requiring Senedd consent (Statutory Instrument Consent Memorandums) |
|
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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 |
Written statements under Standing Order 30C |
|
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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. |
||
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 |
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 |
Papers to note |
|
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. |
||
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. |
||
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. |
||
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 |
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 |
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 |
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. |