Agenda and minutes

Venue: Committee Room 1 - Senedd

Contact: Gareth Williams 

Media

Senedd.TV: View the webcast

Transcript: Transcript for 13/05/2019 - Legislation, Justice and Constitution Committee - Fifth Senedd

Items
Expected timing No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Dawn Bowden AM. Rhianon Passmore AM attended as a substitute.

(11.00-14.00)

2.

Legislation (Wales) Bill: Stage 2 Proceedings

Jeremy Miles AM, Counsel General

Dylan Hughes, First Legislative Counsel, Welsh Government

Claire Fife, Policy Adviser, Welsh Government

 

The Constitutional and Legislative Affairs Committee agreed on 1 April 2019, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings will be: Sections 1 to 5; Schedule 1; Sections 6 to 39; Schedule 2; Sections 40 to 43; Long title

 

Documents relevant to Stage 2 proceedings are available on the Bill page.

Minutes:

In accordance with Standing Order 26.21, the Committee disposed of the following amendments to the Bill:

 

Amendment 18 (Dai Lloyd AM) was withdrawn in accordance with Standing Order 26.66(i).

Amendment 19 (Dai Lloyd AM) was not moved.

Amendment 12 (Suzy Davies AM)

In Favour

Against

Abstain

Suzy Davies AM

Mick Antoniw AM

 

Mandy Jones AM

Carwyn Jones AM

 

Dai Lloyd AM

Rhianon Passmore AM

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20 (ii)).  Therefore amendment 12 was not agreed.

Amendment 1 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 2 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 3 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 13 (Suzy Davies AM) was not moved.

Amendment 14 (Suzy Davies AM)

In Favour

Against

Abstain

Suzy Davies AM

Mick Antoniw AM

 

Mandy Jones AM

Carwyn Jones AM

 

Dai Lloyd AM

Rhianon Passmore AM

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20 (ii)).  Therefore amendment 14 was not agreed.

Amendment 15 (Suzy Davies AM)

In Favour

Against

Abstain

Suzy Davies AM

Mick Antoniw AM

 

Mandy Jones AM

Carwyn Jones AM

 

Dai Lloyd AM

Rhianon Passmore AM

 

As the vote was tied, the Chair used his casting vote in the negative (in accordance with SO 6.20 (ii)).  Therefore amendment 15 was not agreed.

Amendment 16 (Suzy Davies AM)

In Favour

Against

Abstain

Suzy Davies AM

Mick Antoniw AM

 

 

Carwyn Jones AM

 

 

Mandy Jones AM

 

 

Dai Lloyd AM

 

 

Rhianon Passmore AM

 

Amendment 16 was not agreed.

Amendment 4 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 5 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 9 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 10 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 6 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 7 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 17 (Suzy Davies AM) was not moved.

Amendment 11 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

Amendment 8 (Jeremy Miles AM) was agreed in accordance with Standing Order 17.34(i).

14.00-14.10

3.

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

3.1

SL(5)410 - The Regulated Services (Penalty Notices) (Wales) Regulations 2019

CLA(5)-15-19 – Paper 1 – Report

CLA(5)-15-19 – Paper 2 – Regulations

CLA(5)-15-19 – Paper 3 – 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.

 

3.2

SL(5)411 - The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019

CLA(5)-15-19 – Paper 4 – Report

CLA(5)-15-19 – Paper 5 – Regulations

CLA(5)-15-19 – Paper 6 – Explanatory Memorandum

 

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to wait for the Government response before reporting to the Assembly. 

 

14.10-14.15

4.

Statutory Instruments requiring consent: Brexit

4.1

SICM(5)22 The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

CLA(5)-15-19 – Paper 7 – Statutory Instrument Consent Memorandum

CLA(5)-15-19 – Paper 8 - Regulations

CLA(5)-15-19 – Paper 9 – Explanatory Memorandum

CLA(5)-15-19 – Paper 10 – Letter from the Minister for Housing & Local Government, 2 May 2019

CLA(5)-15-19 – Paper 11 – Written statement

CLA(5)-15-19 – Paper 12 - Commentary

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that as detailed in the letter from the Minister for Environment, Energy and Rural Affairs, the Minister was not minded to table a motion for a debate.

 

14.15-14.25

5.

Paper(s) to note

5.1

Letter from the Chair of External Affairs and Additional Legislation Committee: Attendance of Ministers at Monday committees

CLA(5)-15-19 – Paper 13 - Letter from the Chair of External Affairs and Additional Legislation Committee, 30 April 2019

Supporting documents:

Minutes:

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

5.2

Letter from the Counsel General: Legislation (Wales) Bill

CLA(5)-15-19 – Paper 14 – Letter from the Counsel General, 3 May

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

5.3

Letter from the Chancellor of the Duchy of Lancaster: Engagement between UK administrations

CLA(5)-15-19 – Paper 15 – Letter from the Chancellor of the Duchy of Lancaster, 3 May 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Chancellor of the Duchy of Lancaster.

5.4

Letter from the Chair of the External Affairs and Additional Legislation Committee to the Minister for International Relations and the Welsh Language: Trade Bill - legislative consent

CLA(5)-15-19 – Paper 16 - Letter from the Chair of the External Affairs and Additional Legislation Committee, 7 May 2019

 

Supporting documents:

Minutes:

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

5.5

Letter from the Llywydd: Application of Standing Order 30A

CLA(5)-15-19 – Paper 17 – Letter from the Llywydd, 7 May 2019

CLA(5)-15-19 – Paper 18 – Letter from the Chair of the Committee to the Llywydd, 25 March 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd.

5.6

Letter from the Counsel General: Joint Ministerial Committee (European Negotiations)

CLA(5)-15-19 – Paper 19 – Letter from the Counsel General, 8 May 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

5.7

Welsh Government Interim Response to the Law Commission's Report on Planning Law in Wales

CLA(5)-15-19 – Paper 20 – Written Statement and Interim Response

Supporting documents:

Minutes:

The Committee noted the Welsh Government’s Interim Response to the Law Commission’s Report on Planning Law in Wales.

14.25

6.

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

Minutes:

The Committee agreed to exclude the public from the remainder of the meeting.

14.25 - 14.40

7.

Supplementary Legislative Consent Memorandum on the Agriculture Bill

CLA(5)-15-19 – Paper 21 – Supplementary Legislative Consent Memorandum

CLA(5)-15-19 – Paper 22 – Legal note

CLA(5)-15-19 – Paper 23 – Letter from the Minister for Environment, Energy and Rural Affairs, 26 March 2019

Supporting documents:

Minutes:

The Committee noted the Supplementary Legislative Consent Memorandum on the Agriculture Bill, and agreed to consider a draft report at a future meeting.

14.40-14.50

8.

Consideration of response to letter from Bruce Crawford MSP, Convener of the Finance and Constitution Committee

CLA(5)-15-19 - Paper 24 – Letter from Bruce Crawford MSP, 26 March 2019

CLA(5)-15-19 - Paper 25 – Draft response

Supporting documents:

Minutes:

The Committee considered its response to the letter from Bruce Crawford MSP. A letter will be sent in due course.

14.50-15.00

9.

Forward Work Programme

CLA(5)-15-19 – Paper 26 – Forward Work Programme

Supporting documents:

Minutes:

The Committee noted the Forward Work Programme.