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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 18/03/2019 - Constitutional and Legislative Affairs Committee

Items
No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Dawn Bowden AM.

Dai Lloyd AM declared an interest in relation to Item 4.14.

2.

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

CLA(5)-10-19 – Paper 1 – Statutory instruments with clear reports

Supporting documents:

2.1

SL(5)339 - The Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) (Amendment) (Wales) Regulations 2019

2.2

SL(5)340 - The Electricity (Offshore Generating Stations) (Fees) (Wales) Regulations 2019

2.3

SL(5)347 - The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019

2.4

SL(5)361 - The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

2.5

SL(5)387 - The National Health Service (Dental Charges) (Wales) (Amendment) Regulations 2019

2.6

SL(5)391 - The Sea Fishing (Licences and Notices) (Wales) Regulations 2019

2.7

SL(5)371 - The Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019

Minutes:

The Committee considered the instruments as was content.

3.

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

CLA(5)-10-19 – 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)379 - The Teachers’ Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019

Minutes:

The Committee considered the instrument as 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)343 - The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019

CLA(5)-10-19 – Paper 3 – Report

CLA(5)-10-19 – Paper 4 - Regulations

CLA(5)-10-19 – Paper 5 – 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 reporting points identified.

4.2

SL(5)344 - The Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019

CLA(5)-10-19 – Paper 6 – Report

CLA(5)-10-19 – Paper 7 - Regulations

CLA(5)-10-19 – Paper 8 – 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 reporting points identified. The Committee agreed to write to the Minister for Housing and Local Government to seek further clarification on the meaning of ‘national newspaper’.

4.3

SL(5)345 - The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019

CLA(5)-10-19 – Paper 9 – Report

CLA(5)-10-19 – Paper 10 - Regulations

CLA(5)-10-19 – Paper 11- 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 reporting points identified. The Committee agreed to write to the Minister for Housing and Local Government to seek further clarification on the meaning of ‘national newspaper’.

4.4

SL(5)348 - The Developments of National Significance (Wales) (Amendment) Regulations 2019

CLA(5)-10-19 – Paper 12 – Report

CLA(5)-10-19 – Paper 13 - Regulations

CLA(5)-10-19 – Paper 14 – 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 reporting points identified. The Committee agreed to write to the Minister for Housing and Local Government to reiterate that, while the Committee notes the Government response about the use of ‘fel a ganlyn’ in the Welsh text, the Committee considers ‘fel petai’ to be clear and an example of ‘everyday’ language.

4.5

SL(5)351 - The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019

CLA(5)-10-19 – Paper 15 – Report

CLA(5)-10-19 – Paper 16 – Order

CLA(5)-10-19 – Paper 17 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.6

SL(5)354 - The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019

CLA(5)-10-19 – Paper 18 – Report

CLA(5)-10-19 – Paper 19 - Regulations

CLA(5)-10-19 – Paper 20 – Explanatory Memorandum

 

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

 

4.7

SL(5)355 - The Sea Fishing (Penalty Notices) (Wales) Order 2019

CLA(5)-10-19 – Paper 21 – Report

CLA(5)-10-19 – Paper 22 - Regulations

CLA(5)-10-19 – Paper 23 – 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 reporting points identified.

 

4.8

SL(5)357 - The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 24 – Report

CLA(5)-10-19 – Paper 25 - Regulations

CLA(5)-10-19 – Paper 26 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.9

SL(5)358 - The Trade in Animals and Related Products (Amendment) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 27 – Report

CLA(5)-10-19 – Paper 28 - Regulations

CLA(5)-10-19 – Paper 29 – 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 reporting points identified.

4.10

SL(5)359 - The Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 30 – Report

CLA(5)-10-19 – Paper 31 - Regulations

CLA(5)-10-19 – Paper 32 – Explanatory Memorandum

 

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified

4.11

SL(5)360 - The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 33 – Report

CLA(5)-10-19 – Paper 34 - Regulations

CLA(5)-10-19 – Paper 35 – 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 reporting points identified. The Committee agreed to write to the Welsh Government to clarify its policy on what earliest opportunity means in practice, as referenced in its response to the reporting points.

 

4.12

SL(5)362 - The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 36 – Report

CLA(5)-10-19 – Paper 37 - Regulations

CLA(5)-10-19 – Paper 38 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument. The Committee agreed to reconsider the instrument with the Government response at the next meeting.

4.13

SL(5)364 - The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 39 – Report

CLA(5)-10-19 – Paper 40 – Regulations

CLA(5)-10-19 – Paper 41 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.14

SL(5)372 - The National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019

CLA(5)-10-19 – Paper 45 – Report

CLA(5)-10-19 – Paper 46 – Regulations

CLA(5)-10-19 – Paper 47 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified

4.15

SL(5)373 The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 48 – Report

CLA(5)-10-19 – Paper 49 - Regulations

CLA(5)-10-19 – Paper 50 – 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 reporting points identified.

4.16

SL(5)376 - The Local Government Finance (Amendment) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 54 – Report

CLA(5)-10-19 – Paper 55 - Regulations

CLA(5)-10-19 – Paper 56 – 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 reporting points identified.

4.17

SL(5)392 - The Sea Fish Licensing (Wales) Order 2019

CLA(5)-10-19 – Paper 57 – Report

CLA(5)-10-19 – Paper 58 - Order

CLA(5)-10-19 – Paper 59 – 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 reporting points identified

4.18

SL(5)335 - The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 60 – Report

CLA(5)-10-19 – Paper 61 – Regulations

CLA(5)-10-19 – Paper 62 – 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 reporting points identified.

4.19

SL(5)365 - The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2019

CLA(5)-10-19 – Paper 63 – Report

CLA(5)-10-19 – Paper 64 – Regulations

CLA(5)-10-19 – Paper 65 – 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 reporting points identified.

4.20

SL(5)366 - The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019

CLA(5)-10-19 – Paper 66 – Report

CLA(5)-10-19 – Paper 67 – Regulations

CLA(5)-10-19 – Paper 68 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.21

SL(5)368 - The Local Authorities Capital Finance and Accounting (Wales) (Amendment) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 42 – Report

CLA(5)-10-19 – Paper 43 - Regulations

CLA(5)-10-19 – Paper 44 – 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 reporting points identified.

4.22

SL(5)367 - The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 69 – Report

CLA(5)-10-19 – Paper 70 - Regulations

CLA(5)-10-19 – Paper 71 – 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 reporting points identified.

4.23

SL(5)370 - The Seed Potatoes (Wales) (Amendment) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 72- Report

CLA(5)-10-19 – Paper 73- Regulations

CLA(5)-10-19 – Paper 74- Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.24

SL(5)374 - The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 51 – Report

CLA(5)-10-19 – Paper 52 - Regulations

CLA(5)-10-19 – Paper 53 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.25

SL(5)375 - The Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 75 – Report

CLA(5)-10-19 – Paper 76 - Regulations

CLA(5)-10-19 – Paper 77 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.

4.26

SL(5)380 - The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 78 - Report

CLA(5)-10-19 – Paper 79 - Regulations

CLA(5)-10-19 – Paper 80 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the reporting points identified. The Committee agreed to consider taking forward with the Welsh Government the citation of powers in instruments.

4.27

SL(5)381 - The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 81 – Report

CLA(5)-10-19 – Paper 82 - Regulations

CLA(5)-10-19 – Paper 83 – 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 reporting points identified.

5.

Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 but have implications as a result of the UK exiting the EU

5.1

SL(5)341 - The Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) (Wales) Regulations 2019

CLA(5)-10-19 – Paper 84 - Report

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in order to highlight issues as a result of the UK exiting the EU.

5.2

SL(5)346 - The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019

CLA(5)-10-19 – Paper 85 - Report

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in order to highlight issues as a result of the UK exiting the EU.

5.3

SL(5)369 - The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 86 – Report

CLA(5)-10-19 – Paper 87 – Letter  from the Minister for Education, 21 February 2019

 

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in order to highlight issues as a result of the UK exiting the EU.

5.4

SL(5)377 - The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 88 - Report

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in order to highlight issues as a result of the UK exiting the EU.

5.5

SL(5)378 - The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 89 - Report

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in order to highlight issues as a result of the UK exiting the EU.

6.

Papers to note

6.1

Letter from the First Minister: Scrutiny of Regulations made under the EU (Withdrawal) Act 2018 progress Report

CLA(5)-10-19 -  Paper 90 – Letter from the First Minister, 11 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the First Minister and agreed to respond on certain points concerning the scrutiny role of the Committee.

6.2

Letter for the Chair of the External Affairs and Additional Legislation Committee to the First Minister: Scrutiny of Regulations made under the EU (Withdrawal) Act 2018 progress Report

CLA(5)-10-19 – Paper 91 – Letter from the Chair of the External Affairs and Additional Legislation Committee, 14 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the External Affairs and Additional Legislation Committee.

6.3

Letter from the Counsel General and Brexit Minister to the External Affairs and Additional Legislation Committee: Welsh EU Exit Statutory Instruments

CLA(5)-10-19 – Paper 92 – Letter from the Counsel General and Brexit Minister, 11 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General and Brexit Minister to the External Affairs and Additional Legislation Committee.

6.4

Letter from the Counsel General and Brexit Minister: Regulation (EC) No 1370/2007 (Public Service Obligations in Transport) (Amendment) (EU Exit) Regulations 2019

CLA(5)-10-19 – Paper 93 – Letter from the Counsel General and Brexit Minister, 8 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General and Brexit Minister and noted that the relevant Welsh Government written statement will be considered at the next meeting.

6.5

Letter from the Minister for Health and Social Services re: Supplementary Legislative Consent Memorandum on the Healthcare (International Arrangements) Bill

CLA(5)-10-19 – Paper 94 – Letter from the Minister for Health and Social Services, 11 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Health and Social Services.

6.6

Letter from the Counsel General: Legislation (Wales) Bill

CLA(5)-10-19 – Paper 95 – Letter from the Counsel General, 8 March 2019

CLA(5)-10-19 – Paper 95 – Annex

 

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General in relation to the Bill.

6.7

Letter from the Llywydd: Speaker's Conference

CLA(5)-10-19 – Paper 96 – Letter from the Llywydd, 13 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd and agreed to respond.

7.

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

Minutes:

The motion was agreed.

8.

Legislation (Wales) Bill: Draft Report

CLA(5)-10-19 – Paper 97 – Draft Report

Minutes:

The Committee agreed its draft report and noted that it will be published next week.

 

 

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