Cynulliad Cenedlaethol Cymru

I welcome Members to this week's virtual meeting of the Legislation, Justice and Constitution Committee. In accordance with Standing Order 34.19, I've determined that the public are excluded from the meeting in order to protect public health. In accordance with Standing Order 34.21, notice of this decision was included in the published agenda for this meeting. The meeting is being broadcast live on Senedd.tv and the Record of Proceedings will be published as usual. Aside from the procedural adaptation for conducting proceedings remotely, all other Standing Order requirements remain in place. We have a full committee in attendance today, and the usual housekeeping rules apply. Are there any declarations of interest? I don't see any declarations of interest, so we move straight on to agenda item 2.

We have two sets of regulations that have previously been laid before the Senedd for sifting in accordance with paragraph 4 of Schedule 7 to the European Union (Withdrawal) Act 2018. The committee agreed that the negative procedure was the appropriate procedure for the regulations. 

We have 2.1, the Teachers’ Qualifications (Amendment) (Wales) (EU Exit) Regulations 2020. Members have before them the report, the regulations and the explanatory memorandum. These are regulations that make amendments to the Teachers’ Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019. A number of merits points have been identified. Over to you, Gareth.

We have nothing on these, Chair.

No? Okay. Any comments, observations from the Members? No.

In which case, we move on to item 2.2, the Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2020. Again, Members have the relevant papers. These regulations make amendments to the Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2019 to ensure that retained EU law operates effectively once the UK leaves the European Union. Any merits points identified, Gareth?

No, nothing to say here, no.

Okay. Dai, Carwyn, David, any comments, observations? No.

In which case, we move on to item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. We have the Non-Domestic Rating (Demand Notices) (Wales) (Amendment) (EU Exit) Regulations 2020. These are regulations that amend the Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017, which prescribed the contents of demand notices served on people liable for non-domestic rates. The regulations changed the prescribed content of the explanatory notes that must accompany the demand notices. The change ensures that information relating to state aid is removed following the end of the transition period for the UK's exit from the European Union, when the state-aid regime will cease to apply to the UK. The regulations will apply to demand notices issued with respect to financial years beginning on or after 1 April 2021. Any points there, Gareth?

With regard to the end of the EU state-aid regime, the draft report asks the Government for a bit more information or an update on any domestic state-aid regime, and the Government response was received on Friday, after today's papers were circulated. The Welsh Government says it would be potentially misleading to make any reference to a replacement domestic state-aid regime at the moment before the detail of the replacement regime is finalised.

Okay. Any comments from the Members? I don't see any.

In which case, we move on to item 3.2, which is the Non-Domestic Rating (Multiplier) (Wales) Order 2020. We have the various papers: the report, the explanatory memorandum, the Order and a letter from the Trefnydd dated 11 November 2020. The Order sets the increase in the non-domestic rating—that's the NDR—multiplier for Wales for the financial year 2021-22. The multiplier is calculated in accordance with paragraph 3B of Schedule 7 to the Local Government Finance Act 1988 for each financial year when new rating lists are not being compiled. There is a Plenary debate that is scheduled for 8 December 2020. Let's refer to the lawyers now.

for each financial year when new rating lists are not being compiled. There is a Plenary debate that is scheduled for 8 December 2020. Let's refer to the lawyers now.

The draft report notes the helpful explanation set out in the explanatory memorandum, for example that using the CPI rather than the RPI will result in a smaller increase in rates bills for businesses, and that the reduction in income from rates bills will be covered by the Welsh Government, so there is no financial impact on local authority or police budgets. Also, these Orders using the CPI rather than the RPI have been made on an annual basis. Under the Local Government and Elections (Wales) Bill, which passed Stage 4 last week, the change to CPI would become permanent. Therefore, as long as the multiplier is the CPI, there will be no need for these Orders in future.

Okay. Thank you for that report. Any comments from the Members? I don't see any. In which case we move on to item 3.3, the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2020. These regulations amend the Health Protection (Coronavirus, International Travel) Regulations 2020 in respect of the isolation requirement for passengers arriving from exempt countries. Again, a Plenary debate is scheduled for tomorrow—that is, 24 November. I defer now to the lawyers for comments.

It's the one technical point that notes an inconsistency between the English and the Welsh texts, and there also three merits points noting things like the Welsh Government's commentary on any potential interference with human rights and that there's been no formal consultation.

Okay. Thank you for those comments. Any comments or observations from the Members? No.

In which case, we move on to item 4. We move on to the Equine Identification (Wales) (Amendment) (EU Exit) Regulations 2020. These are regulations that amend the Equine Identification (Wales) (Amendment) (EU Exit) Regulations 2019 in order to implement the Ireland/Northern Ireland protocol and to deal with matters arising out of or related to that protocol. Are there any issues to be raised by the lawyers?

Nothing further.

Any comments from the Members?

In which case, we move on to item 5, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered. The committee considered the regulations relevant to the next three items on 16 November and the reports were laid on the same day, and that is the National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2020. The Welsh Government's response to the reporting point in the committee's report has been received and, obviously, Members are invited to note that response.

If there are no comments on that—I don't see any—we move on to the next item, which is the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020. Again, the Welsh Government's response to the committee's report was circulated to Members last week, ahead of the Plenary debate in respect of these regulations on 17 November. So, we would just formally note the Welsh Government's response. Is that noted? Okay.

We move on to item 5.3, the Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2020. Again, the committee is formally to note the Welsh Government's response to the committee's report, which, again, was circulated ahead of the Plenary debate on these regulations on 17 November. So, we note the Welsh Government's response. Any comments or observations? No.

We move, then, on to item 6, which is the Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) Regulations 2020. We have a written statement and a commentary. Here, the Welsh Government's statement gives notification that it has consented to the making of these regulations. The statement notes that consent was given for reasons of efficiency and expediency and to ensure the consistency and coherence of the statute book. These regulations transfer non-legislative and legislative functions to the Welsh Ministers, the Scottish Ministers and the Secretary of State concurrently. Both this statement and the statement that we'll consider under our next agenda item note that the concurrent functions contained in the respective regulations have the potential to engage the consent requirements in Schedule 7B to the Government of Wales Act 2016 and, as such, represent a potential restriction on the future competence of the Senedd. Any comments from the lawyers?

Nothing further.

No. Any comments or observations from the Members? I don't see any.

In which case, we move on to item 6.2, which I've just referred to, which is the Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020. Again, the Welsh Government statement gives notification that it has consented to the making of these regulations. The regulations amend numerous and varied pieces of existing subordinate legislation, as is demonstrated by the title of the regulations. There are a number of issues that have been identified. Gareth.

Again, the concurrent functions issue is the main issue on these regulations.

Okay. The only issue that arises there is the specific clarification from Welsh Government on the devolved powers that are specifically affected. Are there any comments or observations from Members? I don't see any.

In which case, we move on to item 7, which is some papers to note. We have the letter from the Minister for Environment, Energy and Rural Affairs on the UK Fisheries Bill. So, we're invited to note the letter from the Minister. It's a letter of 17 November that provides an update on the amendments that have been made to the UK Fisheries Bill, following Report Stage and Third Reading in the House of Commons. As Members will recall, we wrote to the Minister regarding the concurrent functions in the Bill on 13 November, and I think we're still awaiting a response to our queries. Can I suggest that any issues on this we discuss them in private session? Is that agreed? It is.

We have a letter from the First Minister on the 2021 Senedd elections and a report of the elections planning group. So, we have the letter from the First Minister of 17 November, in response to my letter to the First Minister on behalf of the committee of 12 November. So, it's really just a number of items that we raised during our discussions with regard to the report of the planning group. We will be having an update on this in due course. Can I suggest that any issues on this we just defer to private session? That's agreed, then.

We move on to item 7.3, which is a letter from the Minister for Environment, Energy and Rural Affairs on the basic payment scheme and rural support legislative framework from 2021. We're invited to note the letter from the Minister in relation to the consultation on the basic payment scheme and rural support legislative framework from 2021, which responds to this committee's consultation response of 23 October. The Minister notes that it remains her intention to publish a White Paper by the end of the year, ahead of a Wales agriculture Bill in the next Senedd. Can I just suggest, unless there are any issues Members want to raise now, we defer this to private session? Okay.

That brings us on to item 8 and, in accordance with Standing Order 17.42(vi) and (ix), I invite the committee to resolve to exclude the public from the remainder of the meeting. Do the Members agree?

Agreed.

Yes.

We move now into private session.