Agenda and minutes

Constitutional and Legislative Affairs Committee
Monday, 25 March 2019 13.00

Venue: Committee Room 1 - Senedd. View directions

Contact: Gareth Williams

Transcript: Transcript for 25/03/2019 - Constitutional and Legislative Affairs Committee

Items
Note	No.	Item
	1.	Introduction, apologies, substitutions and declarations of interest View the background to item 1. Minutes: Apologies were received from Carwyn Jones AM
	2.	Instruments that raise no reporting issues under Standing Order 21.2 or 21.3 View the background to item 2. CLA(5)-11-19 – Paper 1 – Statutory instruments with clear reports Supporting documents: CLA(5)-11-19 - Paper 1 , item 2. PDF 138 KB View as HTML (2./1) 18 KB
	2.1	SL(5)383 - The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (Wales) Regulations 2019 View the background to item 2.1
	2.2	SL(5)397 - The Local Authority Fostering Services (Wales) (Amendment) Regulations 2019 View the background to item 2.2
	2.3	SL(5)400 - The Civil Enforcement Of Parking Contraventions (County Of Monmouthshire) Designation Order 2019 View the background to item 2.3
	2.4	SL(5)401 - The Civil Enforcement of Parking Contraventions (County Borough of Caerphilly) Designation Order 2019 View the background to item 2.4 Minutes: The Committee considered the instruments and was content.
	3.	Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3 View the background to item 3.
	3.1	SL(5)382 - The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 View the background to item 3.1 CLA(5)-11-19 – Paper 2 – Report CLA(5)-11-19 – Paper 3 - Regulations CLA(5)-11-19 – Paper 4 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 2 , item 3.1 PDF 148 KB View as HTML (3.1/1) 23 KB CLA(5)-11-19 - Paper 3 , item 3.1 PDF 58 KB CLA(5)-11-19 - Paper 4 , item 3.1 PDF 185 KB View as HTML (3.1/3) 64 KB Minutes: The Committee considered the instrument along with the Government response and will report to the Assembly in line with the reporting points identified.
	3.2	SL(5)384 - The Council Tax (Exempt Dwellings) (Amendment) (Wales) Order 2019 View the background to item 3.2 CLA(5)-11-19 – Paper 5 – Report CLA(5)-11-19 – Paper 6 - Order CLA(5)-11-19 – Paper 7 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 5 , item 3.2 PDF 217 KB View as HTML (3.2/1) 12 KB CLA(5)-11-19 - Paper 6 , item 3.2 PDF 47 KB CLA(5)-11-19 - Paper 7 , item 3.2 PDF 182 KB View as HTML (3.2/3) 69 KB Minutes: The Committee considered the instrument along with the Government response and will report to the Assembly in line with the reporting points identified.
	3.3	SL(5)385 - The Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations 2019 View the background to item 3.3 CLA(5)-11-19 – Paper 8 – Report CLA(5)-11-19 – Paper 9 - Regulations CLA(5)-11-19 – Paper 10 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 8 , item 3.3 PDF 166 KB View as HTML (3.3/1) 19 KB CLA(5)-11-19 - Paper 9 , item 3.3 PDF 73 KB CLA(5)-11-19 - Paper 10 , item 3.3 PDF 179 KB View as HTML (3.3/3) 63 KB Minutes: The Committee considered the instrument along with the Government response and will report to the Assembly in line with the reporting points identified.
	3.4	SL(5)388 - The Plant Health (Fees) (Forestry) (Wales) Regulations 2019 View the background to item 3.4 CLA(5)-11-19 – Paper 11 – Report CLA(5)-11-19 – Paper 12 - Regulations CLA(5)-11-19 – Paper 13 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 11 , item 3.4 PDF 120 KB View as HTML (3.4/1) 16 KB CLA(5)-11-19 - Paper 12 , item 3.4 PDF 71 KB CLA(5)-11-19 - Paper 13 , item 3.4 PDF 140 KB View as HTML (3.4/3) 33 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.
	3.5	SL(5)389 - The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 View the background to item 3.5 CLA(5)-11-19 – Paper 14 – Report CLA(5)-11-19 – Paper 15 – Regulations CLA(5)-11-19 – Paper 16 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 14 , item 3.5 PDF 126 KB View as HTML (3.5/1) 18 KB CLA(5)-11-19 - Paper 15 , item 3.5 PDF 87 KB CLA(5)-11-19 - Paper 16 , item 3.5 PDF 132 KB View as HTML (3.5/3) 27 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.
	3.6	SL(5)390 - The Plant Health (Forestry) (Amendment) (Wales) Order 2019 View the background to item 3.6 CLA(5)-11-19 – Paper 17 – Report CLA(5)-11-19 – Paper 18 - Order CLA(5)-11-19 – Paper 19 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 17 , item 3.6 PDF 128 KB View as HTML (3.6/1) 22 KB CLA(5)-11-19 - Paper 18 , item 3.6 PDF 176 KB CLA(5)-11-19 - Paper 19 , item 3.6 PDF 132 KB View as HTML (3.6/3) 28 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.
	3.7	SL(5)394 - The Agricultural Wages (Wales) Order 2019 View the background to item 3.7 CLA(5)-11-19 – Paper 20 – Report CLA(5)-11-19 – Paper 21 – Order CLA(5)-11-19 – Paper 22 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 20 , item 3.7 PDF 132 KB View as HTML (3.7/1) 23 KB CLA(5)-11-19 - Paper 21 , item 3.7 PDF 184 KB CLA(5)-11-19 - Paper 22 , item 3.7 PDF 1014 KB View as HTML (3.7/3) 557 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified. The Committee agreed to reconsider at a future meeting when a Government response is available.
	3.8	SL(5)405 - The Sea Fishing (Penalty Notices) (Wales) (Amendment) Order 2019 View the background to item 3.8 CLA(5)-11-19 – Paper 23 – Report CLA(5)-11-19 – Paper 24 – Order CLA(5)-11-19 – Paper 25 – Explanatory Memorandum CLA(5)-11-19 – Paper 26 – Letter from the Minister for Finance and Trefnydd Supporting documents: CLA(5)-11-19 - Paper 23 , item 3.8 PDF 124 KB View as HTML (3.8/1) 22 KB CLA(5)-11-19 - Paper 24 , item 3.8 PDF 47 KB CLA(5)-11-19 - Paper 25 , item 3.8 PDF 128 KB View as HTML (3.8/3) 22 KB CLA(5)-11-19 - Paper 26 , item 3.8 PDF 464 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.
	3.9	SL(5)393 - The Invasive Alien Species (Enforcement and Permitting) Order 2019 View the background to item 3.9 CLA(5)-11-19 – Paper 27 – Report CLA(5)-11-19 – Paper 28 - Order CLA(5)-11-19 – Paper 29 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 27 , item 3.9 PDF 176 KB View as HTML (3.9/1) 22 KB CLA(5)-11-19 - Paper 28 , item 3.9 PDF 261 KB CLA(5)-11-19 - Paper 29 , item 3.9 PDF 242 KB View as HTML (3.9/3) 136 KB Minutes: The Committee considered the instrument along with the Government response. The Committee agreed to remove the second technical reporting point. The Committee will report to the Assembly to identify the remaining reporting points.
	3.10	SL(5)395 - The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Supplementary Provisions) Regulations 2019 View the background to item 3.10 CLA(5)-11-19 – Paper 30 – Report CLA(5)-11-19 – Paper 31 - Regulations CLA(5)-11-19 – Paper 32 – Explanatory Memorandum Supporting documents: CLA(5)-11-19 - Paper 30 , item 3.10 PDF 135 KB View as HTML (3.10/1) 26 KB CLA(5)-11-19 - Paper 31 , item 3.10 PDF 87 KB View as HTML (3.10/2) 74 KB CLA(5)-11-19 - Paper 32 , item 3.10 PDF 88 KB View as HTML (3.10/3) 18 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified. The Committee agreed to reconsider at a future meeting when a Government response is available.
	3.11	SL(5)396 - Qualifications Wales (Monetary Penalties) (Determination of Turnover) Regulations 2019 View the background to item 3.11 CLA(5)-11-19 – Paper 33 – Report CLA(5)-11-19 – Paper 34 – Regulations CLA(5)-11-19 – Paper 35 – Report Supporting documents: CLA(5)-11-19 - Paper 33 , item 3.11 PDF 186 KB View as HTML (3.11/1) 37 KB CLA(5)-11-19 - Paper 34 , item 3.11 PDF 91 KB View as HTML (3.11/2) 75 KB CLA(5)-11-19 - Paper 35 , item 3.11 PDF 393 KB View as HTML (3.11/3) 101 KB Minutes: The Committee considered the instrument and will report to the Assembly in line with the reporting points identified.
	4.	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 View the background to item 4.
	4.1	SL(5)386 - The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 View the background to item 4.1 CLA(5)-11-19 – Paper 36 - Report Supporting documents: CLA(5)-11-19 - Paper 36 , item 4.1 PDF 123 KB View as HTML (4.1/1) 18 KB Minutes: The Committee considered the instrument and will report to the Assembly to highlight issues as a result of the UK exiting the EU.
	5.	Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3 - previously considered View the background to item 5.
	5.1	SL(5)362 - The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 View the background to item 5.1 CLA(5)-11-19 – Paper 37 – Report CLA(5)-11-19 – Paper 38 – Government response (to follow) Supporting documents: CLA(5)-11-19 - Paper 37 , item 5.1 PDF 207 KB View as HTML (5.1/1) 53 KB Minutes: The Committee noted that the Government response was not yet available and agreed therefore to reconsider at a future meeting.
	5.2	SL(5)372 - The National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019 View the background to item 5.2 CLA(5)-11-19 – Paper 39 – Report Supporting documents: CLA(5)-11-19 - Paper 39 , item 5.2 PDF 136 KB View as HTML (5.2/1) 26 KB Minutes: The Committee reconsidered the instrument along with the Government response and agreed to report to the Assembly on line with the reporting points identified.
	6.	Written statements under Standing Order 30C View the background to item 6. Minutes: The Committee noted the written statement and commentary.
	6.1	WS-30C(5)125 - The Regulation (EC) No 1370/2007 (Public Service Obligations In Transport) (Amendment) (EU Exit) Regulations 2019 View the background to item 6.1 CLA(5)-11-19 – Paper 40 – Statement CLA(5)-11-19 – Paper 41 – Commentary CLA(5)-11-19 – Paper 42 – Letter from the Counsel General and Minister for Brexit, 8 March 2019 Supporting documents: CLA(5)-11-19 - Paper 40 , item 6.1 PDF 333 KB View as HTML (6.1/1) 27 KB CLA(5)-11-19 - Paper 41 , item 6.1 PDF 198 KB View as HTML (6.1/2) 20 KB CLA(5)-11-19 - Paper 42 , item 6.1 PDF 266 KB
	7.	Papers to note View the background to item 7.
	7.1	Letter from the First Minister to the Chair of the External Affairs and Additional Legislation Committee View the background to item 7.1 CLA(5)-11-19 – Paper 43 – Letter from the First Minister, 20 March 2019 Supporting documents: CLA(5)-11-19 - Paper 43 , item 7.1 PDF 252 KB Minutes: The Committee noted the letter from the First Minister to the Chair of the External Affairs and Additional Legislation Committee.
	7.2	Letter from the Chair of the Equality, Local Government and Communities Committee to the Llywydd View the background to item 7.2 CLA(5)-11-19 – Paper 44 – Letter from the Chair of the Equality, Local Government and Communities Committee to the Llywydd Supporting documents: CLA(5)-11-19 - Paper 44 , item 7.2 PDF 65 KB Minutes: The Committee noted the letter from the Chair of the Equality, Local Government and Communities Committee to the Llywydd.
	7.3	Letter from the Counsel General and Minister for Brexit: The State Aid (EU Exit) Regulations 2019 CLA(5)-11-19 - Paper 45 – Letter from the Counsel General and Minister for Brexit Supporting documents: CLA(5)-11-19 - Paper 45 , item 7.3 PDF 266 KB Minutes: The Committee noted the letter from the Counsel General and Minister for Brexit.
	7.4	Letter from the Minister for Finance and Trefnydd regarding the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 View the background to item 7.4 CLA(5)-11-19 – Paper 46 - Letter from the Minister for Finance and Trefnydd, 21 March 2019 Supporting documents: CLA(5)-11-19 - Paper 46 , item 7.4 PDF 252 KB Minutes: The Committee noted the letter from the Minister for Finance and Trefnydd.
13.30	8.	Senedd and Elections (Wales) Bill: Evidence session 2 View the background to item 8. Professor Laura McAllister, Chair of Expert Panel Group CLA(5)-11-19 - Briefing Supporting documents: Restricted enclosure 69 View the reasons why document 8./1 is restricted Minutes: The Committee took evidence from Professor Laura McAllister.
14.15	9.	Senedd and Elections (Wales) Bill: Evidence session 3 View the background to item 9. Keith Bush QC CLA(5)-11-19 - Paper 47 – Written evidence Supporting documents: CLA(5)-11-19 - Paper 47 , item 9. PDF 306 KB View as HTML (9./1) 45 KB Minutes: The Committee took evidence from Keith Bush QC.
15.00	10.	Senedd and Elections (Wales) Bill: Evidence session 4 View the background to item 10. Professor Roger Awan-Scully, Wales Governance Centre Minutes: The Committee took evidence from Professor Roger Awan-Scully.
	11.	Motion under Standing Order 17.42 to resolve to exclude the public from the meeting for the following business: View the background to item 11. Minutes: The motion was agreed.
	12.	Senedd and Elections (Wales) Bill: Consideration of Evidence View the background to item 12. Minutes: The Committee considered the evidence received.