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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 14/01/2019 - Constitutional and Legislative Affairs Committee

Items
Note No. Item

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Dawn Bowden AM.

13.00

2.

Legislation (Wales) Bill: Evidence session 2

Sir Nicholas Green, Chair, Law Commission

Mr. Nicholas Paines QC, Law Commission

Mr. Henni Ouahes, Law Commission

Dr. Charles Mynors, Law Commission

 

 

CLA(5)-2-19  - Briefing

CLA(5)-2-19  - Paper 1 – Law Commission response to the consultation on the Welsh Government’s consultation on the draft Legislation Bill

 

 

Supporting documents:

Minutes:

The Committee took evidence from Sir Nicholas Green, Chair of the Law Commission; Nicholas Paines QC; Henni Ouahes and Dr Charles Mynors of the Law Commission.

13.45

3.

Legislation (Wales) Bill: Evidence Session 3

Dr Catrin Fflur Huws

Professor Thomas Watkin

 

CLA(5)-02-19 – Briefing

CLA(5)-02-19 – Paper 2 – Written evidence from Professor Thomas Watkin on the legislation (Wales) Bill

 

Supporting documents:

Minutes:

The Committee took evidence from Professor Thomas Watkin and Dr Catrin Fflur Huws.

14.30

4.

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

CLA(5)-02-19 – Paper 3 – Statutory instruments with clear reports

Supporting documents:

4.1

SL(5)298 - The Fostering Panels (Establishment and Functions) (Wales) Regulations 2018

4.2

SL(5)292 - The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

The following summary of consultation response relates to the this instrument and was laid before the Assembly. Adult Placement Services Regulations - consultation summary of responses

 

Minutes:

The Committee considered the instruments and was content.

5.

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

5.1

SL(5)299 - The Local Authority Fostering Services (Wales) Regulations 2018

CLA(5)-02-19 – Paper 4 – Report

CLA(5)-02-19 – Paper 5 – Regulations

CLA(5)-02-19 – Paper 6 – Explanatory Memorandum

 

 

Supporting documents:

Minutes:

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

5.2

SL(5)293 - The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

CLA(5)-02-19 – Paper 7 – Report

CLA(5)-02-19 – Paper 8 – Regulations

CLA(5)-02-19 – Paper 9 – Explanatory Memorandum

 

The following summary of consultation response relates to the this instrument and was laid before the Assembly.  Advocacy Services Regulations - consultation summary of responses

 

Supporting documents:

Minutes:

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

 

5.3

SL(5)296 - The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

CLA(5)-02-19 – Paper 10 – Report

CLA(5)-02-19 – Paper 11 – Regulations

CLA(5)-02-19 – Paper 12 – Explanatory Memorandum

 

 

The following summary of consultation response relates to the this instrument and was laid before the Assembly. Fostering Services Regulations - consultation summary of responses

Supporting documents:

Minutes:

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

 

6.

Proposed negative instruments that raise no reporting issues under standing order 21.3B

CLA(5)-02-19 – Paper 13 – Proposed negative instruments with clear reports

 

Supporting documents:

6.1

pNeg(5)04 - The Equality Act 2010 (Statutory Duties) (Wales) (Amendment) (EU Exit) Regulations 2019

6.2

pNeg(5)05 - The Livestock (Records, Identification and Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

6.3

pNeg(5)06 - The Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations 2019

6.4

pNeg(5)07 - The Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Minutes:

The Committee considered the proposed negative instruments and was content.

7.

Statutory Instruments requiring Consent: Brexit

7.1

SICM(5)13 - The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2018

CLA(5)-02-19 – Paper 14 – Letter from the Minister for the Environment, Energy and Rural Affairs

CLA(5)- 02-19 – Paper 15 – 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)- 02-19 – Paper 16 – Statutory Instrument Consent Memorandum

CLA(5)- 02-19 – Paper 17 – Regulations

CLA(5)- 02-19 – Paper 18 – Explanatory Memorandum

CLA(5)- 02-19 – Paper 19 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the Minister is not minded to lay a motion for debate.

 

7.2

SICM(5)14 - The Public Procurement (Amendment) (EU Exit) Regulations 2019 - amendments to Section 155 (2) and (3) of the Equality Act 2010

CLA(5)-02-19 – Paper 20 – Letter from the First Minister

CLA(5)- 02-19 – Paper 21 – 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)- 02-19 – Paper 22 – Statutory Instrument Consent Memorandum

CLA(5)- 02-19 – Paper 23 – Regulations

CLA(5)- 02-19 – Paper 24 -  Explanatory Memorandum

CLA(5)- 02-19 – Paper 25 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the First Minister is not minded to lay a motion for debate.

 

7.3

SICM(5)15 - The Farriers (Registration) and Animal Health (Amendment) (EU Exit) Regulations 2019

CLA(5)-02-19 – Paper 26 – Letter from the Minister for Environment, Energy and Rural Affairs

CLA(5)- 02-19 – Paper 27 – 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)- 02-19 – Paper 28 – Statutory Instrument Consent Memorandum

CLA(5)- 02-19 – Paper 29 – Regulations

CLA(5)- 02-19 – Paper 30 – Explanatory Memorandum

CLA(5)- 02-19 – Paper 31 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the Minister is not minded to lay a motion for debate.

 

7.4

SICM(5)16 - The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

CLA(5)-02-19 – Paper 32 – Letter from the Minister for Environment, Energy and Rural Affairs

CLA(5)- 02-19 – Paper 33 – 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)- 02-19 – Paper 34 – Statutory Instrument Consent Memorandum

CLA(5)- 02-19 – Paper 35 – Regulations

CLA(5)- 02-19 – Paper 36 – Explanatory Memorandum

CLA(5)- 02-19 – Paper 37 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the Minister is not minded to lay a motion for debate.

 

7.5

SICM(5)17 - The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

CLA(5)-02-19 – Paper 38 – Letter from the Minister for Environment, Energy and Rural Affairs

CLA(5)- 02-19 – Paper 39 – 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)- 02-19 – Paper 40 – Statutory Instrument Consent Memorandum

CLA(5)- 02-19 – Paper 41 – Regulations

CLA(5)- 02-19 – Paper 42 – Explanatory Memorandum

CLA(5)- 02-19 – Paper 43 - Commentary

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum and noted that the Minister is not minded to lay a motion for debate.

 

8.

Written statements under Standing Order 30C

8.1

WS-30C(5)59 - The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018

CLA(5)-02-19 – Paper 44 – Statement

CLA(5)-02-19 – Paper 45 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.2

WS-30C(5)62 - The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations

CLA(5)-02-19 – Paper 46 – Statement

CLA(5)-02-19 – Paper 47 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.3

WS-30C(5)63 - The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations

CLA(5)-02-19 – Paper 48 – Statement

CLA(5)-02-19 – Paper 49 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.4

WS-30C(5)64 - The Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit)

CLA(5)-02-19 – Paper 50 – Statement

CLA(5)-02-19 – Paper 51 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.5

WS-30C(5)70 - The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

CLA(5)-02-19 – Paper 52 – Statement

CLA(5)-02-19 – Paper 53 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.6

WS-30C(5)71 - The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2018

CLA(5)-02-19 – Paper 54 – Statement

CLA(5)-02-19 – Paper 55 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.7

WS-30C(5)72 The Plant Health (EU Exit) Regulations 2019

CLA(5)-02-19 – Paper 56 – Statement

CLA(5)-02-19 – Paper 57 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.8

WS-30C(5)73 - The Recognition of Professional Qualifications (Amendment etc.)

CLA(5)-02-19 – Paper 58 – Statement

CLA(5)-02-19 – Paper 59 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

8.9

WS-30C(5)74 - The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendments etc) (EU Exit) Regulations 2018

CLA(5)-02-19 – Paper 60 – Statement

CLA(5)-02-19 – Paper 61 – Commentary

 

Supporting documents:

Minutes:

The Committee noted the written statement and commentary.

 

9.

Revised Written statements under Standing Order 30C

9.1

WS-30C(5)34r - The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2018

CLA(5)-02-19 – Paper 62 – Letter from the First Minister, 3 January 2019

CLA(5)-02-19 – Paper 63 – Letter to the First Minister, 11 December 2018

CLA(5)-02-19 – Paper 64 – Revised Statement

CLA(5)-02-19 – Paper 65 – Revised Commentary

 

 

Supporting documents:

Minutes:

The Committee noted the revised written statement and commentary.

 

9.2

WS-30C(5)35r - The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

CLA(5)-02-19 – Paper 66 – Letter from the First Minister, 3 January 2019

CLA(5)-02-19 – Paper 67 – Letter to the First Minister, 11 December 2018

CLA(5)-02-19 – Paper 68 – Revised Statement

CLA(5)-02-19 – Paper 69 – Revised Commentary

 

Supporting documents:

Minutes:

The Committee noted the revised written statement and commentary.

 

10.

Papers to note

10.1

Letter from Jane Hutt Assembly Member for the Vale of Glamorgan

CLA(5)-02-19 – Paper 70 – Letter from Jane Hutt Assembly Member for the Vale of Glamorgan

Supporting documents:

Minutes:

The Committee noted the letter from Jane Hutt AM and agreed to respond advising that this is a matter for the Welsh Government.

10.2

Letter from the Minister for Environment, Energy and Rural Affairs: SL(5)285 - The Carcase Classification and Price Reporting (Wales) Regulations 2018

CLA(5)-02-19 – Paper 71 – Letter from the Minister for Environment, Energy and Rural Affairs, 8 January 2019

CLA(5)-02-19 – Paper 72 – Letter to the Minister for Environment, Energy and Rural Affairs, 18 December 2018

 

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Environment, Energy and Rural Affairs.

10.3

Legislative Consent Memorandum on the Healthcare (International Arrangements) Bill

CLA(5)-02-19 – Paper 73 – Letter from the Minister for Health and Social Care: Legislative Consent Memorandum on the Healthcare (International Arrangements) Bill, 9 January 2019

Supporting documents:

Minutes:

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

10.4

Legislation (Wales) Bill: Letter from the Counsel General

CLA(5)-02-19 – Paper 74 – Letter from the Counsel General, 10 January 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

10.5

Autism (Wales) Bill: Letter from Paul Davies AM the Member in Charge of the Bill

CLA(5)-02-19 – Paper 75 – Letter from Paul Davies AM, 10 January 2019

Supporting documents:

Minutes:

The Committee noted the letter from Paul Davies AM.

11.

Statutory Instruments requiring Consent: Brexit: Previously considered

11.1

SICM(5)8 (No.2) - The Marine Environment (Amendment) (EU Exit) Regulations 2018

CLA(5)- 02-19 – Paper 76 – Letter from the Cabinet Secretary for Energy, Planning and Rural Affairs

CLA(5)- 02-19 – Paper 77 – 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)- 02-19 – Paper 78 – Statutory Instrument Consent Memorandum

CLA(5)- 02-19 – Paper 79 – Regulations

CLA(5)- 02-19 – Paper 80 – Explanatory Memorandum

CLA(5)- 02-19 – Paper 81 – Commentary

CLA(5)-02-19 – Paper 82 – SICM(5)8 (No.2) - The Marine Environment (Amendment) (EU Exit) Regulations 2018

 

Supporting documents:

Minutes:

The Committee considered the Statutory Instrument Consent Memorandum laid by Suzy Davies AM on 31 December 2018.

14.

SICM(5)8 (No.2) - The Marine Environment (Amendment) (EU Exit) Regulations 2018

CLA(5)-02-19  – Draft report

Minutes:

The committee agreed its report.

12.

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

Minutes:

The motion was agreed.

13.

Consideration of Evidence: Legislation (Wales) Bill

Minutes:

The committee considered the evidence received.

15.

Legislative Consent Memorandum on the Healthcare (International Arrangements) Bill: Draft Report

CLA(5)-02-19 – Paper 83- Draft Report

Minutes:

The Committee agreed its report.

 

 

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