Agenda and minutes
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Transcript: Transcript for 04/03/2019 - Legislation, Justice and Constitution Committee - Fifth Senedd
| Expected timing | No. | Item |
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Introduction, apologies, substitutions and declarations of interest Minutes: Apologies
were received from Carwyn Jones AM and Mandy Jones AM. Suzy Davies AM sent apologies
for Items 3 and 4, David Melding AM substituted. |
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Motion under Standing Order 17.42 to resolve to exclude the public from the meeting for the following business: Minutes: The
motion was agreed. |
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13.00 |
Senedd and Elections (Wales) Bill: Technical Briefing from officials Minutes: The
Committee received a technical briefing from Assembly Commission and Welsh
Government officials. |
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13.50 |
Senedd and Elections (Wales) Bill: Proposals for outreach work CLA(5)-08-19 – Briefing outreach
work Minutes: The
Committee considered a paper from the Outreach Service, and agreed its approach
to wider engagement as part of the Committee’s scrutiny of the Bill. |
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14.00 |
Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 CLA(5)-08-19 – Paper 1 – Statutory instruments
with clear reports Supporting documents: |
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SL(5)319 - The Arrangements for Assistance for Persons Making Representations (Wales) Regulations 2019 |
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SL(5)321 - The Regulated Services (Annual Returns and Registration) (Wales) (Amendment) Regulations 2019 |
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SL(5)323 - The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 |
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SL(5)331 - The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 Minutes: The
Committee considered the instruments and was content. |
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Instruments previously considered for sifting and now subject to scrutiny under Standing Orders 21.2 and 21.3 CLA(5)-08-19 - Paper 2- Clear reports except for
single merits point under Standing Order 21.3 (has been subject to sifting) Supporting documents: |
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SL(5)325 - The Learner Travel (Wales) (Amendment) (EU Exit) Regulations 2019 Minutes: The
Committee considered the instrument and was content. |
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SL(5)328 - The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 Minutes: The
Committee considered the instrument along with the Government response and will
report to the Assembly in line with the points identified. |
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SL(5)329 - The Environmental Noise (Wales) (Amendment) (EU Exit) Regulations 2019 Minutes: The
Committee considered the instrument and was content. |
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SL(5)330 - The Equine Identification (Wales) (Amendment) (EU Exit) Regulations 2019 Minutes: The
Committee considered the instrument and was content. |
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Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3 |
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SL(5)320 - The Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2019 CLA(5)-08-19 – Paper 3 – Report CLA(5)-08-19 – Paper 4 - Regulations CLA(5)-08-19 – Paper 5 – Explanatory Memorandum Supporting documents:
Minutes: The
Committee considered the instrument and will report to the Assembly in line
with the merits point identified. |
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SL(5)322 - The Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2019 CLA(5)-08-19 – Paper 6 – Report CLA(5)-08-19 – Paper 7 - Regulations CLA(5)-08-19 – Paper 8 – Explanatory Memorandum Supporting documents:
Minutes: The
Committee considered the instrument and will report to the Assembly in line
with the merits points identified. |
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SL(5)326 - The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 CLA(5)-08-19 – Paper 9 – Report CLA(5)-08-19 – Paper 10 - Regulations CLA(5)-08-19 – Paper 11 – Explanatory Memorandum Supporting documents:
Minutes: The
Committee considered the instrument and will report to the Assembly in line
with the technical points identified. |
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SL(5)327 - The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 76 – Report CLA(5)-08-19 – Paper 77 – Regulations CLA(5)-08-19 – Paper 78 – 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 points identified. |
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Instruments that raise issues to be reported to the Assembly under Standing Order 21.7 |
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SL(5)324 - Code of Practice on the exercise of social services functions in relation to Part 4 (direct payments and choice of accommodation) and Part 5 (charging and financial assessment) of the Social Services and Well-being (Wales) Act 2014 CLA(5)-08-19 – Paper 12 – Report CLA(5)-08-19 – Paper 13
– Code of Practice CLA(5)-08-19 – Paper 14
– Explanatory Memorandum Supporting documents:
Minutes: The
Committee considered the Code and will report to the Assembly in accordance
with Standing Order 21.7 |
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Statutory Instruments requiring Consent: Brexit |
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SICM(5)20 - National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 15 –
Letter from the Minister for Health and
Social Services CLA(5)-08-19 – Paper 16 – 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)-
08-19 – Paper 17
– Statutory Instrument Consent Memorandum CLA(5)-
08-19 – Paper 18
– Regulations CLA(5)-
08-19 – Paper 19
– Explanatory Memorandum CLA(5)-
08-19 – Paper 20
- Commentary Supporting documents:
Minutes: The
Committee considered the Statutory Instrument Consent Memorandum and noted that
as detailed in the letter from the Minister for Health and Social Care, the
Minister was not minded to table a motion for a debate. |
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SICM(5)21 - Social Security Coordination (Benefits in Kind etc) (Amendment etc) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 21 –
Letter from the Minister for Health and
Social Services CLA(5)-08-19 – Paper 22 – 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)-
08-19 – Paper 23
– Statutory Instrument Consent Memorandum CLA(5)-
08-19 – Paper 24
– Regulations CLA(5)-
08-19 – Paper 25
– Explanatory Memorandum CLA(5)-
08-19 – Paper 26
- Commentary Supporting documents:
Minutes: The
Committee considered the Statutory Instrument Consent Memorandum and noted that
as detailed in the letter from the Minister for Health and Social Care, the
Minister was not minded to table a motion for a debate. |
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Written statements under Standing Order 30C |
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WS-30C(5)101 - The Public Procurement (Amendment etc.) (EU Exit) (No.2) Regulations 2019 CLA(5)-08-19 – Paper 27 – Statement CLA(5)-08-19 – Paper 28 - Commentary Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)104 - The Market Measures (Marketing Standards) (Amendment of Retained Direct EU Legislation) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 29 – Statement CLA(5)-08-19 – Paper 30 - Commentary Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)105 - The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 31 – Statement CLA(5)-08-19 – Paper 32 - Commentary Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)106 - Market Measures Payment Schemes (Amendments) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 33 – Statement CLA(5)-08-19 – Paper 34 - 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 certain issues. |
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WS-30C(5)107 - The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 35 – Statement CLA(5)-08-19 – Paper 36 - 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 certain issues. |
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WS-30C(5)108 - Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 37 – Statement CLA(5)-08-19 – Paper 38 - Commentary Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)109 - The State Aid (Agriculture and Fisheries) (Amendment) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 39 – Statement CLA(5)-08-19 – Paper 40
- Commentary CLA(5)-08-19 – Paper 41 – Letter from the Counsel
General Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C(5)110 - The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C(5)111 - The Food, Drink, Veterinary Medicines And Residues (Amendments Etc.) (Eu Exit) Regulations 2019 Supporting documents: Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Counsel General, the Secretary of State for Wales and Robin Walker, Parliamentary Under
Secretary of State at the Department for Exiting the European Union to seek
clarification on certain issues. |
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WS-30C(5)112 - The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)113 - The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)114 - The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. |
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WS-30C(5)115 - The Agriculture (Legislative Functions) (EU Exit) (No 2) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C-116 - The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C(5)117 - The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C-119 - The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C-120 - The Food and Farming (Amendment) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C-121 - The Common Organisation of the Markets in Agricultural Products (Council Regulations) (Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 62 – Statement CLA(5)-08-19 – Paper 63 - Commentary CLA(5)-08-19 – Paper 79 – Letter from the Counsel
General, 28 February 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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WS-30C-122 - The Zoonotic Disease Eradication Control (Amendment) (EU Exit) Regulations 2019 Supporting documents:
Minutes: The
Committee noted the statement and the commentary. The Committee agreed to write
to the Welsh Government to seek clarification on certain issues. |
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Papers to Note |
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Letter from the Rt.Hon Lord Trefgarne Chair of the Secondary Legislation Committee relating to WS-30C(5)81 - The State Aid (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 66 – Letter from the Rt.Hon
Lord Trefgarne Chair of the Secondary Legislation Committee Supporting documents: Minutes: The
Committee noted the letter from Lord Trefgarne. |
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Correspondence relating to pNeg(5)08 - The Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 67 – Letter to the Minister
for Environment, Energy and Rural
Affairs CLA(5)-08-19 – Paper 68 – Letter from the
Minister for Environment, Energy and
Rural Affairs Supporting documents: Minutes: The
Committee noted the correspondence. |
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Letter from the Minister for Environment, Energy and Rural Affairs relating to SICM(5)18 - The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 CLA(5)-08-19 – Paper 69 – Letter from the Minister
for Environment, Energy and Rural Affairs Supporting documents: Minutes: The
Committee noted the letter and agreed to reply to the Minister. |
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Motion under Standing Order 17.42 to resolve to exclude the public from the meeting for the following business: Minutes: The
motion was agreed. |
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Supplementary Legislative Consent Memorandum: Trade Bill CLA(5)-08-19 – Paper 73 – Supplementary Legislative
Consent Memorandum CLA(5)-08-19 – Paper 74 – Draft Report Minutes: The
Committee considered its draft report and agreed to consider and agree final changes
to its draft report outside of Committee, in time for laying the report by 11
March. |
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Scrutiny of regulations made under the EU (Withdrawal) Act 2018: Update CLA(5)-08-19 – Paper 76 - Update Minutes: The
Committee noted the update. |