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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 07/01/2019 - Constitutional and Legislative Affairs Committee

Items
No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Dawn Bowden AM. Apologies were also received from Lee Waters AM for who Carwyn Jones AM substituted.

2.

Legislative Consent Memorandum on the Healthcare (International Arrangements) Bill: Evidence session

Vaughan Gething AM, Minister for Health and Social Services

 

CLA(5)-01-19 – Legal Advice Note

CLA(5)-01-19 – Briefing

CLA(5)-01-19 – Research Service Briefing

Legislative Consent Memorandum

CLA(5)-01-19 Paper 1 – Letter from Cabinet Secretary for Health and Social Services to Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care, 23 October 2018

CLA(5)-01-19 Paper 2 – Letter from Cabinet Secretary for Health and Social Services to Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care, 25 October 2018

CLA(5)-01-19 Paper 3 – Letter from Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care to Cabinet Secretary for Health and Social Services, 26 October 2018

CLA(5)-01-19 Paper 4 – Letter from Cabinet Secretary for Health and Social Services to Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care, 15 November 2018

CLA(5)-01-19 Paper 5 – Letter from Cabinet Secretary for Health and Social Services to Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care, 4 December 2018

CLA(5)-01-19 Paper 6 – Letter from Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care to Cabinet Secretary for Health and Social Services, 14 December 2018

CLA(5)-01-19 Paper 7 – Letter from Cabinet Secretary for Health and Social Services to Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care, 19 December 2018

CLA(5)-01-19 Paper 8 – Letter from Lord O’Shaughnessy Parliamentary Secretary of State for Health and Social Care to Cabinet Secretary for Health and Social Services, 19 December 2018

 

Supporting documents:

Minutes:

The Committee took evidence from Vaughan Gething AM Minister for Health and Social Services.

3.

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

CLA(5)-01-19 – Paper 9 – Statutory instruments with clear reports

Supporting documents:

3.1

SL(5)291 - The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019

Minutes:

The Committee considered the instrument and was content.

4.

Proposed negative instruments that raise no reporting issues under standing order 21.3B

CLA(5)-01-19 – Paper 10 – Proposed negative statutory instruments with clear reports

Supporting documents:

4.1

pNeg(5)001 - The Elections (Wales) (Amendment) (EU Exit) Regulations 2018

4.2

pNeg(5)002 - The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2018

4.3

pNeg(5)003 - The Environmental Noise (Wales) (Amendment) (EU Exit) Regulations 2018

Minutes:

The Committee considered the proposed instruments and was content.

5.

Statutory Instruments requiring Consent: Brexit

5.1

SICM(5)10 - The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-01-19 – Paper 11 – Letter from the Cabinet Secretary for Energy, Planning and Rural Affairs

CLA(5)- 01-19 – Paper 12 – 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)- 01-19 – Paper 13 – Statutory Instrument Consent Memorandum

CLA(5)- 01-19 – Paper 14 – Regulations

CLA(5)- 01-19 – Paper 15 – Explanatory Memorandum

CLA(5)- 01-19 – Paper 16 - 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.

5.2

SICM(5)11 - The Fisheries (Amendment) (EU Exit) Regulations 2019

CLA(5)-01-19 – Paper 17 – Letter from the Cabinet Secretary for Energy, Planning and Rural Affairs

CLA(5)- 01-19 – Paper 18 – 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)- 01-19 – Paper 19 – Statutory Instrument Consent Memorandum

CLA(5)- 01-19 – Paper 20 – Regulations

CLA(5)- 01-19 – Paper 21 – Explanatory Memorandum

CLA(5)- 01-19 – Paper 22 - 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.

5.3

SICM(5)12 - Environment (Amendment Etc.) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 23 – Letter from the Cabinet Secretary for Energy, Planning and Rural Affairs

CLA(5)- 01-19 – Paper 24 – 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)- 01-19 – Paper 25 – Statutory Instrument Consent Memorandum

CLA(5)- 01-19 – Paper 26 – Regulations

CLA(5)- 01-19 – Paper 27 – Explanatory Memorandum

CLA(5)- 01-19 – Paper 28 - 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.

6.

Written statements under Standing Order 30C

6.1

WS-30C(5)43 - The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) Regulations 2018

CLA(5)-01-19 – Paper 29 – Statement

CLA(5)-01-19 – Paper 30 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.2

WS-30C(5)44 - The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 31 – Statement

CLA(5)-01-19 – Paper 32 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.3

WS-30C(5)45 - The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 33 – Statement

CLA(5)-01-19 – Paper 34 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.4

WS-30C(5)46 - The Rural Development (EU Exit) (Amendment) Regulations 2018

CLA(5)-01-19 – Paper 35 – Statement

CLA(5)-01-19 – Paper 36 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.5

WS-30C(5)47 - The Shipments of Radioactive Substances (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 37 – Statement

CLA(5)-01-19 – Paper 38 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.6

WS-30C(5)48 - The Environmental Permitting (England & Wales) (Amendment) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 39 – Statement

CLA(5)-01-19 – Paper 40 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.7

WS-30C(5)49 - The Intelligent Transport Systems (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 41 – Statement

CLA(5)-01-19 – Paper 42 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.8

WS-30C(5)50 - The Animal Breeding (Amendment) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 43 – Statement

CLA(5)-01-19 – Paper 44 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.9

WS-30C(5)51 - The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 45 – Statement

CLA(5)-01-19 – Paper 46 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.10

WS-30C(5)55 - The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 47 – Statement

CLA(5)-01-19 – Paper 48 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.11

WS-30C(5)56 - The Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 49 – Statement

CLA(5)-01-19 – Paper 50 - Commentary

Supporting documents:

Minutes:

The Committee noted the written statement and commentary. It agreed to write to the Welsh Government to seek clarification on the potential implications of the regulations binding the future competence of the Assembly.

6.12

WS-30C(5)057 - The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (England and Wales) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 51 – Statement

CLA(5)-01-19 – Paper 52 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.13

WS-30C(5)058 - The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 53 – Statement

CLA(5)-01-19 – Paper 54 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

6.14

WS-30C(5)60 - The Invasive Non-Native Species (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-01-19 – Paper 55 – Statement

CLA(5)-01-19 – Paper 56 – Commentary

 

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

7.

Inter-institutional agreement

CLA(5)-01-19 – Paper 57 – Letter from Cabinet Secretary for Finance regarding the Inter-Governmental Relations agreement between Welsh Government and National Assembly for Wales, 10 December 2018

CLA(5)-01-19 – Paper 58 – Final Agreement

Supporting documents:

Minutes:

The Committee agreed the agreement. The Committee agreed to table a motion for a debate about the agreement in Plenary

8.

Papers to note

8.1

Letter from the Cabinet Secretary for Education: Additional Learning Needs (ALN) transformation

CLA(5)-01-19 – Paper 59 – Letter from the Cabinet Secretary for Education

Supporting documents:

Minutes:

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

8.2

Letter from the Leader of the House: Regulations made under the EU (Withdrawal) Act 2018

CLA(5)-01-19 – Paper 60 – Letter from the Leader of the House, 10 December 2018

CLA(5)-01-19 – Paper 61 – Letter to the Leader of the House, 15 November 2018

 

Supporting documents:

Minutes:

The Committee noted the letter from the Leader of the House and agreed to write to the Welsh Government seeking clarification about its approach.

8.3

Letter from the First Minister: WS-30C(5)17 - The Animal Welfare (Amendment)(EU Exit) Regulations 2018

CLA(5)-01-19 – Paper 62 – Letter from the First Minister, 7 December 2018

CLA(5)-01-19 – Paper 63 – Letter to the First Minister, 28 November 2018

 

Supporting documents:

Minutes:

The Committee noted the letter from the previous Frist Minister and agreed to write to the new First Minister to clarify some of the points and issues raised.

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.

Statutory Instruments requiring Consent: Brexit and Written statements under Standing Order 30C: Review

CLA(5)-01-19 – Paper 64 - Review

Minutes:

The Committee considered the review document and agreed to consider an updated version at the next meeting with a view to publishing a report shortly.

11.

Scrutiny of Regulations made under the EU (Withdrawal) Bill: Guidance

CLA(5)-01-19 – Paper 65 - Guidance

Minutes:

The Committee agree the guidance document and agreed to publish as soon as possible.

 

 

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