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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 04/02/2019 - Constitutional and Legislative Affairs Committee

Items
No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Dawn Bowden AM and Mandy Jones AM. Apologies were also received from Dai Lloyd AM for whom Llyr Gruffyd AM substituted.

2.

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

CLA(5)-05-19 – Paper 1 – Statutory instruments with clear reports

Supporting documents:

2.1

SL(5)306 - The Developments of National Significance (Specified Criteria, Fees and Fees for Deemed Applications) (Wales) (Amendment) Regulations 2019

Minutes:

The Committee considered the instrument and was content.

3.

Instruments previously considered for sifting and now subject to scrutiny under Standing Orders 21.2 and 21.3

CLA(5)-05-19 - Paper 2 – Clear reports except for single merits point under Standing Order 21.3 (has been subject to sifting)

Supporting documents:

3.1

SL(5)307 - The Livestock (Records, Identification and Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

3.2

SL(5)308 - The Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

3.3

SL(5)309 - The Elections (Wales) (Amendment) (EU Exit) Regulations 2019

3.4

SL(5)311 - The Service Charges (Consultation Requirements) (Wales) (Amendment) (EU Exit) Regulations 2019

Minutes:

The Committee considered the instruments, noted the merits point for each and was content.

4.

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

4.1

SL(5)304 - The Equine Identification (Wales) Regulations 2019

CLA(5)-05-19 – Paper 3 – Report

CLA(5)-05-19 – Paper 4 – Regulations

CLA(5)-05-19 – Paper 5 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

4.2

SL(5)301 - The Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2019

CLA(5)-05-19 – Paper 30 – Government Response

CLA(5)-05-19 – Paper 31 – Report

 

 

Supporting documents:

Minutes:

The Committee noted the Government response and was content.

5.

Proposed negative instruments that raise no reporting issues under Standing Order 21.3B

CLA(5)-04-19 – Paper 6 – Proposed negative statutory instruments with clear reports

Supporting documents:

5.1

pNeg(5)15 - The Equine Identification (Wales) (Amendment) (EU Exit) Regulations 2019

5.2

pNeg(5)16 - The Learner Travel (Wales) (Amendment) (EU Exit) Regulations 2019

Minutes:

The Committee considered the instruments and was content that the negative procedure should apply.

6.

Statutory Instruments requiring Consent: Brexit

6.1

SICM(5)18 - The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019

CLA(5)-05-19 – Paper 7 – Letter from the Minister for the Environment, Energy and Rural Affairs

CLA(5)- 05-19 – Paper 8 – Statutory Instrument Consent Memorandum

CLA(5)- 05-19 – Paper 9 – Regulations

CLA(5)- 05-19 – Paper 10 – Explanatory Memorandum

CLA(5)- 05-19 – Paper 11 - Report

 

Supporting documents:

Minutes:

The Committee noted the statutory instrument consent memorandum and agreed to write to the Welsh Government to seek clarification as to why a written statement has not been laid for the Regulations. 

7.

Written statements under Standing Order 30C

7.1

WS-30C(5)78 - The Import of and Trade in Animals and Animal products (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-05-19 – Paper 12 – Statement

CLA(5)-05-19 – Paper 13 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary. The Committee agreed to write to the Welsh Government to seek clarification on the issues raised in the commentary.

7.2

WS-30C(5)79 - The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

CLA(5)-05-19 – Paper 14 – Statement

CLA(5)-05-19 – Paper 15 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

7.3

WS-30C(5)80 - The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-05-19 – Paper 16 – Statement

CLA(5)-05-19 – Paper 17 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

 

7.4

WS-30C(5)81 - The State Aid (EU Exit) Regulations 2019

CLA(5)-05-19 – Paper 18 – Statement

CLA(5)-05-19 – Paper 19 – Letter from the Counsel General

CLA(5)-05-19 – Paper 20 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the statement and the commentary. The Committee agreed to write to the Counsel General to seek clarification on the issues raised in the commentary including a potential breach of the Inter-Governmental Agreement. The Committee also agreed to draw the issues to the attention of the House of Lords Secondary Legislation Scrutiny Committee and Constitution Committee.

 

7.5

WS-30C(5)82 - The Public Procurement (Amendment) (EU Exit) Regulations 2019

CLA(5)-05-19 – Paper 21 – Statement

CLA(5)-05-19 – Paper 22 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary. The Committee agreed to write to the Welsh Government to seek clarification on the issues raised in the commentary.

 

8.

Papers to Note

8.1

Letter from Lord Boswell Chairman of the European Union Committee of the House of Lords: Post-Brexit UK-EU interinstitutional relations, and the role of the devolved institutions

CLA(5)-05-19 – Paper 23 – Letter from Lord Boswell: Post-Brexit UK-EU interinstitutional relations, and the role of the devolved institutions

Supporting documents:

Minutes:

The Committee noted the letter from Lord Boswell and agreed to respond, drawing attention to the Committee’s report on UK Governance post Brexit and the report from Sir Paul Silk on A Speakers’ Conference.

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.

Legislative Consent Memorandum on the UK Fisheries Bill: Draft Report

CLA(5)-05-19 – Paper 24 – Draft Report

CLA(5)-05-19 – Paper 25 – Letter from the Minister for Environment, Energy and Rural Affairs to the Climate Change, Environment and Rural Affairs Committee, 22 January 2019

CLA(5)-05-19 – Paper 26 – Letter from the Minister for Environment, Energy and Rural Affairs, 29 January 2019

CLA(5)-05-19 – Paper 27 – Record of Proceedings, 21 January 2019

 

Supporting documents:

Minutes:

The Committee considered the report and agreed to reconsider a revised version at the next meeting.

11.

Legislative Consent Memorandum: The Animal Welfare (Service Animals) Bill

CLA(5)-05-19 – Paper 28 – Legal Advice Note

CLA(5)-05-19 – Paper 32 – Legislative Consent Memorandum: The Animal Welfare (Service Animals) Bill

 

Supporting documents:

Minutes:

The Committee considered the legal advice note and agreed to report shortly.

12.

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

CLA(5)-05-19 – Paper 29 - Update

Minutes:

The Committee noted the update.

 

 

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