Cynulliad Cenedlaethol Cymru

Yn ôl i Chwilio

Y Pwyllgor Materion Cyfansoddiadol a Deddfwriaethol

Constitutional and Legislative Affairs Committee

19/03/2018

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Dai Lloyd AC
David Melding AC
Mandy Jones AC
Mick Antoniw AC Cadeirydd y Pwyllgor
Committee Chair

Swyddogion Cynulliad Cenedlaethol Cymru a oedd yn bresennol

National Assembly for Wales Officials in Attendance

Alys Thomas Ymchwilydd
Researcher
Gareth Howells Cynghorydd Cyfreithiol
Legal Adviser
P Gareth Williams Clerc
Clerk
Sarah Sargent Ail Glerc
Second Clerk

Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle mae cyfranwyr wedi darparu cywiriadau i’w tystiolaeth, nodir y rheini yn y trawsgrifiad.

The proceedings are reported in the language in which they were spoken in the committee. In addition, a transcription of the simultaneous interpretation is included. Where contributors have supplied corrections to their evidence, these are noted in the transcript.

Dechreuodd y cyfarfod am 14:30.

The meeting began at 14:30.

1. Cyflwyniad, ymddiheuriadau, dirprwyon a datganiadau o fuddiant
1. Introduction, apologies, substitutions and declarations of interest

Welcome to the Constitutional and Legislative Affairs Committee meeting on Monday, 19 March 2018. There are no apologies received. I think everyone is present. Are there any declarations of interest? So, no declarations of interest. The traditional housekeeping rules apply in respect of translation and in respect of fire regulations. 

2. Offerynnau nad ydynt yn cynnwys materion i gyflwyno adroddiad arnynt o dan Reol Sefydlog 21.2 na 21.3
2. Instruments that raise no reporting issues under Standing Order 21.2 or 21.3

So, I'll move straight on to item 2, instruments that raise no reporting issues under Standing Orders 21.2 or 21.3. We go to the negative resolution instruments. The Education (Postgraduate Master’s Degree Loans) (Wales) (Amendment) Regulations 2018. Any comments? Any comments from the lawyers? No. Then we move on to the Tax Collection and Management (Landfill Disposals Tax Records) (Wales) Regulations 2018. Any comments? No. Then the Home Energy Efficiency Schemes (Wales) (Amendment) Regulations 2018. 

3. Offerynnau sy'n cynnwys materion i gyflwyno adroddiad arnynt i’r Cynulliad o dan Reol Sefydlog 21.2 neu 21.3
3. Instruments that raise issues to be reported to the Assembly under Standing Order 21.2 or 21.3

In which case, we move on to item 3, instruments that raise issues to be reported to the Assembly under Standing Orders 21.2 or 21.3. Composite negative resolution instruments: the Education (Student Loans) (Repayment) (Amendment) Regulations 2018. You have before you the regulations, explanatory memorandum and report. These composite regulations are made under sections 22 and 42 of the Teaching and Higher Education Act 1998 and amend the Education (Student Loans) (Repayment) Regulations 2009. The 2009 regulations make provision for the repayment of income-contingent student loans in England and Wales. These regulations make changes to the repayment and interest rate thresholds for borrowers with undergraduate loans taken out after 2012. If I might first invite the lawyers to make any comments. 

Diolch. Just to note that these regulations change the income threshold at which you start to repay a student loan. For undergraduate loans, the threshold is increased from £21,000 to £25,000. For postgraduate loans, the threshold remains at £21,000. So, that's the merits point, and the technical point is that this is a composite instrument and it's been made in English only.

We've had two papers, I think, handed in late, with the Government response to the draft CLAC report on the Education (Student Loans) (Repayment) (Amendment) Regulations 2018. Have you got a quick summary of those?

Yes. They accept the point that it's in English only but they say that, because it's a parliamentary process, there is no routine process, I think they say, for laying bilingual instruments in front of Parliament. Then, in response to the merits points, they go into a description as to the difference between the repayment threshold for a postgraduate loan and the repayment threshold for an undergraduate student loan.

Okay. On the Welsh language issue and the reference to routine processes, what do they actually mean by 'routine processes'? Does it mean that there's just nothing in place?

Yes. I mean, there is a process because bilingual legislation does get considered in Parliament, but this then says that there is no routine process. I'm not sure—

Should we not be then asking them to adopt a process where Welsh language regulations are considered as opposed to just casting it to one side? Can we ask them to do that and see what response we get? Let's just keep pressing the point. Okay. Thank you for that. Was there anything else? Oh yes, a detailed Government response has been received for the Education (Student Support) (Wales) Regulations 2018, which is this document here. It has been produced late. Do we have a summary of that or—

So, we received this on Friday afternoon, I think. So, we'll go away and digest it and let the committee know if we do not think it is a satisfactory response.

Okay. I mean, we've only just seen it today so we'll give that further consideration. Any other comments from Members?

4. Offerynnau nad ydynt yn cynnwys materion i gyflwyno adroddiad arnynt o dan Reol Sefydlog 21.2 na 21.3 ond sydd â goblygiadau o ganlyniad i'r DU yn gadael yr UE
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

Okay. So, we'll move on to item 4, instruments that raise no reporting issues under Standing Orders 21.2 or 21.3 but have implications as a result of the UK exiting the EU. And we're on to the Condensed Milk and Dried Milk (Wales) Regulations 2018, and you have a paper before you. Any—

Only to note that it's another EU-type instrument that will be carried on as domestic law after exiting the EU.

14:35
4. SL(5)195 – Rheoliadau Deddf Casglu a Rheoli Trethi (Cymru) 2016 (Darpariaethau Canlyniadol ac Atodol) 2018
4. SL(5)195 - The Tax Collection and Management (Wales) Act 2016 (Consequential and Supplemental Provisions) Regulations 2018

In which case, then, we'll move on to the next item: the Tax Collection and Management (Wales) Act 2016 (Consequential and Supplemental Provisions) Regulations 2018. These regulations are made under section 188 of the Tax Collection and Management (Wales) Act 2016. I'll just invite the lawyers to make comments.

Again, a similar point. Even though this is about tax collection, they are amending the public contracts regulations, i.e. the procurement regulations that implement EU law. So, again, even these have an EU-type angle.

5. Llythyr gan Ysgrifennydd Gwladol Cymru: Gwelliant i Gymal 11 Bil yr UE (Ymadael)
5. Letter from the Secretary of State for Wales: Amendment to Clause 11 of the EU (Withdrawal) Bill

In which case, on to item 5, which is a letter from the Secretary of State for Wales: amendment to clause 11 of the EU withdrawal Bill. I think that's at pages 36-39 of the pack. We've had a further letter since, I think—have we? Sorry, it's this one here: changes to the European withdrawal Bill—a letter of 16 March 2018. Shall we defer these, then, into private session, and we can discuss those then? That's agreed.

We'll move on to the motion to move into private session now. Is that right?

There's a paper—a written statement on the common framework.

Sorry, yes, the written statement on the common framework. Again, defer to private session. Is that agreed?

6. Cynnig o dan Reol Sefydlog 17.42 i benderfynu gwahardd y cyhoedd o'r cyfarfod
6. Motion under Standing Order 17.42 to resolve to exclude the public from the meeting

Cynnig:

bod y pwyllgor yn penderfynu gwahardd y cyhoedd o weddill y cyfarfod yn unol â Rheol Sefydlog 17.42(vi).

Motion:

that the committee resolves to exclude the public from the remainder of the meeting in accordance with Standing Order 17.42(vi).

Cynigiwyd y cynnig.

Motion moved.

In which case, we move to item 6—motion under Standing Order 17.42 to resolve to meet in private. Is that moved? Do Members agree?

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 14:36.

Motion agreed.

The public part of the meeting ended at 14:36.

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