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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 18/02/2019 - Constitutional and Legislative Affairs Committee

Items
Note No. Item

1.

Introduction, apologies, substitutions and declarations of interest

(13.00 - 14.00)

2.

Legislation (Wales) Bill: Evidence session 6 - Counsel General

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

 

CLA(5)-07-19 – Paper 1 – Letter from the Counsel General, 9 January 2019

CLA(5)-07-19 - Briefing

 

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 and clarification relating to section 8 of the Bill.

(14.00 - 14.10)

3.

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

CLA(5)-07-19 – Paper 2 - Proposed negative statutory instruments with clear reports

Supporting documents:

3.1

pNeg(5)19 - The Local Government Finance (Amendment) (Wales) (EU Exit) Regulations 2019

3.2

pNeg(5)22 - The Teachers’ Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019

3.3

pNeg(5)24 - The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

3.4

pNeg(5)25 - The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019

3.5

pNeg(5)26 - The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

3.6

pNeg(5)27 - The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

3.7

pNeg(5)28 - The Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2019

3.8

pNeg(5)29 - The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019

Minutes:

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

(14.10 - 14.15)

4.

Proposed negative instruments that raise reporting issues under Standing Order 21.3B

4.1

pNeg(5)23 - The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019

CLA(5)-07-19 – Paper 3 – Report

CLA(5)-07-19 – Paper 5 - Regulations

CLA(5)-07-19 – Paper 4 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

(14.15 - 14.20)

5.

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

CLA(5)-07-19 – Paper 6 – Statutory instruments with clear reports

Supporting documents:

5.1

SL(5)317 - The Free School Lunches and Milk (Universal Credit) (Wales) Order 2019

Minutes:

The Committee considered the instrument and was content.

(14.20 - 14.25)

6.

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

6.1

SL(5)318 - The Education (Student Loans) (Repayment) (Amendment) Regulations 2019

CLA(5)-07-19 – Paper 7 – Report

CLA(5)-07-19 – Paper 8 - Regulations

CLA(5)-07-19 – Paper 9 – Explanatory Memorandum

 

Supporting documents:

Minutes:

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

(14.25 - 14.30)

7.

Standing Order 30B Report: The European Union (Withdrawal) Act and Common Frameworks

CLA(5)-07-19 – Paper 10 - Report

Supporting documents:

Minutes:

The Committee noted the second report laid under Standing Order 30B relating to the European Union (Withdrawal) Act and Common Frameworks.

(14.30 - 14.45)

8.

Written statements under Standing Order 30C

8.1

WS-30C(5)83 - The Nutrition (Amendment etc) (EU Exit) Regulations 2019 - revised

CLA(5)-07-19 -Paper 11 – Statement

CLA(5)-07-19 -Paper 12 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the revised written statement and commentary and agreed to write to the Government to seek further clairifcation.

8.2

WS-30C(5)91 - The Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit)

CLA(5)-07-19 -Paper 13 – Statement

CLA(5)-07-19 -Paper 14 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

8.3

WS-30C(5)92 - The Novel Food (Amendment) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 15 – Statement

CLA(5)-07-19 -Paper 16 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.4

WS-30C(5)93 - The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 17 – Statement

CLA(5)-07-19 -Paper 18 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.5

WS-30C(5)94 - The Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 19 – Statement

CLA(5)-07-19 -Paper 20 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.6

WS-30C(5)95 - The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 21 – Statement

CLA(5)-07-19 -Paper 22 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.7

WS-30C(5)96 - The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 23 – Statement

CLA(5)-07-19 -Paper 24 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.8

WS-30C(5)97 - The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 25 – Statement

CLA(5)-07-19 -Paper 26 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.9

WS-30C(5)98 - The Animal Feed (Amendment) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 27 – Statement

CLA(5)-07-19 -Paper 28 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and the issues raised in the commentary.

 

8.10

WS-30C(5)99 - The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 29 – Statement

CLA(5)-07-19 -Paper 30 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.11

WS-30C(5)100 - The Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019

CLA(5)-07-19 -Paper 31 – Statement

CLA(5)-07-19 -Paper 32 - Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

(14.45 - 14.55)

9.

Papers to note

9.1

Letter from Sir Bernard Jenkin MP to the Rt Hon Greg Clark MP regarding the The State Aid (EU Exit) Regulations 2019

CLA(5)-07-19 – Paper 33 – Letter from Sir Bernard Jenkin MP to the Rt Hon Greg Clark MP regarding the The State Aid (EU Exit) Regulations 2019

Supporting documents:

Minutes:

The Committee noted the letter from Sir Bernard Jenkin MP, Chair of the Paublic Administration and Constitutional Affairs to the Rt Hon Greg Clark MP.

9.2

Correspondence with the House of Lords Secondary Legislation Scrutiny Committee regarding The Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2018

CLA(5)-07-19 – Paper 34 – Letter to the House of Lords Secondary Legislation Committee

 CLA(5)-07-19 – Paper 35 – Letter from the House of Lords Secondary Legislation Committee

 

Supporting documents:

Minutes:

The Committee noted the correspondence relating to The Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2018.

9.3

Letter from the Minister for Health and Social Services regarding the Welsh Government's Legislative Consent Memorandum on the Healthcare (International Arrangements) Bill

CLA(5)-07-19 – Paper 36 – Letter from the Minister for Health and Social Care

CLA(5)-07-19 – Paper 37 - Letter to the Minister for Health and Social Care

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Health and Social Services. The Committee also noted, in private session, a subsequent letter from the Minister received very shortly before the Committee meeting started.

9.4

Letter from the Counsel General to the Older People's Commissioner for Wales and the Children's Commissioner for Wales regarding the Legislation (Wales) Bill

CLA(5)-07-19 – Paper 38 – Letter from the Counsel General

Supporting documents:

Minutes:

The Committee noted the letter from Counsel General to the Older People's Commissioner for Wales and the Children's Commissioner for Wales regarding the Legislation (Wales) Bill.

9.5

Letter from the Minister for Environment, Energy and Rural Affairs to the Chair of the Climate Change, Environment and Rural Affairs Committee regarding the Fisheries Bill

CLA(5)-07-19 – Paper 39 – Letter from the Minister for Environment, Energy and Rural Affairs

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Environment, Energy and Rural Affairs to the Chair of the Climate Change, Environment and Rural Affairs Committee regarding the Fisheries Bill.

9.6

Senedd and Elections (Wales) Bill: Correspondence

CLA(5)-07-19 – Paper 41 – Letter from the Llywydd

CLA(5)-07-19 – Paper 42 – Letter from the Counsel General

 

Supporting documents:

Minutes:

The Committee noted the correspondence from the Llywydd and the Counsel General in relation to the Senedd and Elections (Wales) Bill.

9.7

Letter on behalf of the Minister for Finance and Trefnydd regarding the Public Procurement (Amendment Etc.) (EU Exit) Regulations 2019

CLA(5)-07-19 – Paper 44 - Letter from the Minister for Finance and Trefnydd

CLA(5)-07-19 – Paper 45 - Letter to the Minister for Finance and Trefnydd

 

Supporting documents:

Minutes:

The Committee noted the correspondence with the Minister for Finance and Trefnydd relating to the Public Procurement (Amendment Etc.) (EU Exit) Regulations 2019.

9.8

Letter on behalf of the Minister for Finance and Trefnydd regarding the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-07-19 – Paper 46 - Letter from the Minister for Finance and Trefnydd

CLA(5)-07-19 – Paper 47 - Letter to the Minister for Finance and Trefnydd

 

Supporting documents:

Minutes:

The Committee noted the correspondence with the Minister for Finance and Trefnydd relating to the Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019.

(14.55)

10.

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

Minutes:

The motion was agreed.

(14.55 - 15.15)

11.

Legislation (Wales) Bill - consideration of evidence and discussion of key issues arising during scrutiny of the Bill

Minutes:

The Committee considered the evidence received and discussed key issues for inclusion in its draft report.

(15.15 - 15.35)

12.

Legislative Consent Memorandum: Animal Health (Service Animals) Bill - consideration of draft report

CLA(5)-07-19 – Paper 40 – Draft report

Minutes:

The Committee agreed its report.

(15.15 - 15.25)

13.

The Sewel convention - approach to future work

CLA(5)-07-19 – Paper 42 – Approach to future work

Minutes:

The Committee considered an update on future work relating to the Sewel Convention and agreed to reconsider at a future meeting.

(15.25 - 15.55)

14.

Senedd and Elections (Wales) Bill - approach to Stage 1 scrutiny

Senedd and Elections (Wales) Bill

Explanatory Memorandum

 

CLA(5)-07-19 – Paper 48 – Approach to scrutiny

Minutes:

The Committee considered and agreed its approach to scrutiny of the Senedd and Eelctions (Wales) Bill. As a Commissioner, Suzy Davies AM excluded herself for the item.

15.

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

CLA(5)-07-19 – Paper 43 - Update

Supporting documents:

Minutes:

The Committee noted the update.

 

 

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