Y Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad - Y Bumed Senedd

Legislation, Justice and Constitution Committee - Fifth Senedd

24/03/2020

Aelodau'r Pwyllgor a oedd yn bresennol

Committee Members in Attendance

Carwyn Jones
Helen Mary Jones yn dirprwyo ar ran Dai Lloyd
substitute for Dai Lloyd
Mick Antoniw Cadeirydd y Pwyllgor
Committee Chair

Swyddogion y Senedd a oedd yn bresennol

Senedd Officials in Attendance

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 09:15.

The meeting began at 09:15.

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

This is a meeting of the Legislation, Justice and Constitution Committee. The usual housekeeping rules will apply. We've had apologies from Dai Lloyd. We are hoping Suzy Davies may be able to join us this morning at this specially convened meeting to deal with a number of statutory instruments. Are there any declarations of interest? If there aren't any—I see there aren't any. 

2. Offerynnau nad ydynt yn cynnwys unrhyw faterion i’w codi o dan Reol Sefydlog 21.2 neu 21.3
2. Instruments that raise no reporting issues under Standing Order 21.2 or 21.3

I move straight on to the statutory instruments that we have to deal with this morning. The National Health Service (Dental Charges) (Wales) (Amendment) Regulations 2020: these regulations amend the National Health Service (Dental Charges) (Wales) (Amendment) Regulations 2006. Regulation 2 amends regulation 4 of the 2006 regulations by increasing the applicable charge payable for a band 1, band 2 and band 3 course of treatment. Any comments or observations? If there are none—

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

Then we move on to the next item, which is the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020. You have before you the report, regulations and explanatory memorandum. The regulations supplement two EU regulations in relation to protective measures against pests of plants and official controls and other official activities. These regulations will enable official controls and other official activities relating to plant health rules to be carried out and action to be taken to enforce these rules. They also enable official controls relating to the deliberate release into the environment of genetically modified organisms for the purpose of food and feed production to be carried out in accordance with the EU official controls regulations.

There are four technical reporting points. The first three points raise the same issue that the relevant regulations give a wide discretion to a person that is not the plant inspector to re-enter premises from time to time unaccompanied. The fourth technical point notes a cross-referencing error. A Welsh Government response has not yet been received. Although, when it is, that will be drawn to the committee's attention. Any comments? We'll agree the draft report. 

Okay. So, we move on, then, to the next item: the Wildlife and Countryside Act 1981 (Variation of Schedule 2) (Wales) Order 2020. Again, we have before us the report, regulations and the explanatory memorandum. The Order amends the Wildlife and Countryside Act 1981. The amendment makes it an offence in Wales to kill or take or to injure in the course of an attempt to kill Greenland white-fronted goose outside the close season for white-fronted goose.

There are two merit points. Both points highlight inconsistencies between the English and Welsh text of the explanatory note of the Order. The Welsh Government response, again, is awaited and will be drawn to the attention of the committee when it is available. Any comments or observations? If not—

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 ymadawiad y DU â'r 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

We move straight on to the next item: the Food Information (Wales) (Amendment) Regulations 2020. Again, you have the documentation before you. These amend the Food Information (Wales) Regulations 2014 to implement in Wales provision for enforcement of EU obligations in relation to food labelling. Any comments or observations? 

If not, we move straight on to the next item, which is the Addition of Vitamins, Minerals and Other Substances (Wales) (Amendment) Regulations 2020. These are regulations that amend the Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007, which provide for, in Wales, the enforcement of EU law on the addition of vitamins and minerals and certain other substances to food. The EU regulations provides for substances that could represent a potential risk to consumers, which may be prohibited, restricted or kept under scrutiny. There are no reporting points on this. Are Members happy with the draft report before them?

5. Bil Coronafeirws Llywodraeth y DU
5. UK Government Coronavirus Bill

In which case, we move on to the next item, which is the UK Government's coronavirus Bill. Just to note that the UK Government has laid the coronavirus Bill. It is being debated this afternoon in Plenary. Obviously, there's not, for obvious reasons, time to scrutinise this. I'm certainly looking at this at the present time. I will be participating within that as Chair of the committee to identify any points I think that just need to be drawn to attention. I think we're all familiar with the discussions that have taken place about this Bill and the reasons why this Bill has been brought forward. Are there any comments? No.

09:20
6. Papurau i'w nodi
6. Papers to note

In which case, we move straight on to papers to note: a letter from the Minister for International Relations and the Welsh Language on the Welsh Language Standards (No. 8) Regulations, a letter from the Minister dated 16 March 2020, and a written statement by the Welsh Government. You're just invited to note the letter from the Minister to the Chair of the Culture, Welsh Language and Communications Committee in relation to the Welsh Language Standards (No. 8) Regulations. We note that.

Then on to item 6.2: a letter from the Minister for Health and Social Services to the Llywydd on the Health Protection (Coronavirus) (Wales) Regulations 2020, a letter from the Minister dated 17 March 2020. We're invited to note the letter from the Minister for Health and Social Services in relation to the coronavirus regulations. These regulations are being reviewed by the Assembly Commission lawyers as per standard practice and will be brought to the committee's next meeting for formal consideration.

That brings us to the end of the formal open business. 

7. Cynnig o dan Reol Sefydlog 17.42 i benderfynu gwahardd y cyhoedd o'r cyfarfod
7. 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) a (ix).

Motion:

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

Cynigiwyd y cynnig.

Motion moved.

In accordance with Standing Order 17.42(vi) and (ix), I invite the committee to resolve to exclude the public for the remainder of the meeting. Do Members agree?

Derbyniwyd y cynnig.

Daeth rhan gyhoeddus y cyfarfod i ben am 09:21.

Motion agreed.

The public part of the meeting ended at 09:21.