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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 16/09/2019 - Constitutional and Legislative Affairs Committee

Items
Note No. Item

13.00

1.

Introduction, apologies, substitutions and declarations of interest

Minutes:

Apologies were received from Carwyn Jones AM.

13.00-13.30

2.

Proposed Order in Council - The Government of Wales Act 2006 (Amendment) Order 2019: Evidence session

Jeremy Miles AM, Counsel General

Diane Dunning, Welsh Government

Dr Hugh Rawlings, Welsh Government

Angharad C Thomas-Richards, Welsh Government

 

CLA(5)-24-19 – Briefing 1

CLA(5)-24-19 – Paper 1 – Order in Council

CLA(5)-24-19 – Paper 2 – Explanatory Memorandum (Welsh Government)

CLA(5)-24-19 – Paper 3 – Explanatory Memorandum (UK Government)

 

Supporting documents:

Minutes:

The Committee took evidence from the Counsel General; Dr Hugh Rawlings, Director of Constitutional Affairs and Inter-Governmental Relations, Welsh Government; Diane Dunning, Deputy Director of Legal Services, Welsh Government; and Angharad C Thomas-Richards, Electoral Reform Programme Adviser, Welsh Government.

13.30-14.30

3.

Wales' Changing Constitution: Evidence session 1

Jeremy Miles AM, Counsel General

Diane Dunning, Welsh Government

Dr Hugh Rawlings, Welsh Government

Simon Brindle, Welsh Government

 

CLA(5)-24-19 – Briefing 2

CLA(5)-24-19 – Legal brief

Supporting documents:

Minutes:

The Committee took evidence from the Counsel General; Dr Hugh Rawlings, Director of Constitutional Affairs and Inter-Governmental Relations, Welsh Government; Diane Dunning, Deputy Director of Legal Services, Welsh Government; and Simon Brindle, Director of Brexit Strategy, Welsh Government.

14.30-14.35

4.

Proposed negative instruments that raise no reporting issues under Standing Order 21.3B

CLA(5)-24-19 – Paper 4 - Proposed negative statutory instruments with clear reports

Supporting documents:

4.1

pNeg(5)31 - The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Minutes:

The Committee considered the instrument and was content that the negative procedure should apply.

14.35-14.40

5.

Proposed negative instruments that raise reporting issues under Standing Order 21.3B

5.1

pNeg(5)30 - The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 5 – Report

CLA(5)-24-19 – Paper 6 - Regulations

CLA(5)-24-19 – Paper 7 – Explanatory Memorandum

Supporting documents:

Minutes:

The Committee considered the instrument and will report to the Assembly in line with the recommendation that the Welsh Government uplifts the Regulations to be subject to the affirmative procedure.

14.40-14.45

6.

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

CLA(5)-24-19 – Paper 8 – Statutory instruments with clear reports

Supporting documents:

6.1

SL(5)432 - Code of Practice for the Welfare of Cats

6.2

SL(5)436 - The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019

Minutes:

The Committee considered the instruments and was content.

14.45-14.50

7.

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

7.1

SL(5)434 - The Education (School Day and School Year) (Wales) (Amendment) Regulations 2019

CLA(5)-24-19 – Paper 9 – Report

CLA(5)-24-19 – Paper 10 – Regulations

CLA(5)-24-19 – Paper 11 – 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 point identified.

7.2

SL(5)435 - The Plant Health (Forestry) (Amendment No. 2) (Wales) Order 2019

CLA(5)-24-19 – Paper 12 – Report

CLA(5)-24-19 – Paper 13 – Order

CLA(5)-24-19 – Paper 14 – Explanatory Memorandum

CLA(5)-24-19 – Paper 15 – Letter from the Minister for Finance and Trefnydd, 19 July 2019

Supporting documents:

Minutes:

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

7.3

SL(5)437 - The Hazardous Waste (Wales) (Amendment) Regulations 2019

CLA(5)-24-19 – Paper 16 – Report

CLA(5)-24-19 – Paper 17 – Regulations

CLA(5)-24-19 – Paper 18 – Explanatory Memorandum

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Assembly in line with the merits point identified, and to highlight issues as a result of the UK exiting the EU.

7.4

SL(5)438 - The Plant Health (Wales) (Amendment) (No. 2) Order 2019

CLA(5)-24-19 – Paper 19 – Report

CLA(5)-24-19 – Paper 20 – Order

CLA(5)-24-19 – Paper 21 – Explanatory Memorandum

CLA(5)-24-19 – Paper 22 – Letter from the Minister for Finance and Trefnydd, 25 July 2019

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Assembly in line with the merits point identified.

7.5

SL(5)439 - The Education (Student Finance) (Amendments to Student Eligibility) (Wales) Regulations 2019

CLA(5)-24-19 – Paper 23 – Report

CLA(5)-24-19 – Paper 24 – Regulations

CLA(5)-24-19 – Paper 25 – Explanatory Memorandum

Supporting documents:

Minutes:

The Committee considered the instrument, along with the Government response, and agreed to report to the Assembly in line with the merits points identified.

14.50-14.55

8.

Instruments that raise issues to be reported to the Assembly under Standing Order 21.7

8.1

SL(5)433 - The Cardiff and Valleys Railways (Transfer) Order 2019

CLA(5)-24-19 – Paper 26 – Report

CLA(5)-24-19 – Paper 27 – Order

Supporting documents:

Minutes:

The Committee considered the instrument and agreed to report to the Assembly in line with the merits point identified.

In addition, the Committee agreed to write to the Welsh Government to raise the issue of the accessibility of law.

14.55-15.00

9.

Statutory Instruments requiring Assembly consent: Brexit

9.1

SICM(5)25 - The Plant Health (Amendment etc.) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 28 – Statutory Instrument Consent Memorandum

CLA(5)-24-19 – Paper 29 - Regulations

CLA(5)-24-19 – Paper 30 – Explanatory Memorandum

CLA(5)-24-19 – Paper 31 – Letter from the Minister for Environment, Energy and Rural Affairs, 29 July 2019

CLA(5)-24-19 – Paper 32 – Written statement

CLA(5)-24-19 – Paper 33 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

15.00-15.05

10.

Standing Order 30B Report: The European Union (Withdrawal) Act and Common Frameworks

CLA(5)-24-19 – Paper 34 – Written statement

CLA(5)-24-19 – Paper 35 - Report

Supporting documents:

Minutes:

The Committee noted the written statement and the report.

15.05-15.10

11.

Written statements under Standing Order 30C

11.1

WS-30C(5)140 - The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 36 – Written statement

CLA(5)-24-19 – Paper 37 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11.2

WS-30C(5)142 - The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 38 – Written statement

CLA(5)-24-19 – Paper 39 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary, and agreed to write to the Welsh Government to seek clarification, as per the commentary provided by Assembly lawyers.

11.3

WS-30C(5)143 - The Health and Safety (Amendment) (EU Exit) Regulations 2018

CLA(5)-24-19 – Paper 40 – Written statement

CLA(5)-24-19 – Paper 41 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary, and agreed to write to the Welsh Government to seek clarification, as per the commentary provided by Assembly lawyers.

11.4

WS-30C(5)144 - The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2018

CLA(5)-24-19 – Paper 42 – Written statement

CLA(5)-24-19 – Paper 43 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11.5

WS-30C(5)145 - The Animals (Legislative Functions) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 44 – Written statement

CLA(5)-24-19 – Paper 45 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11.6

WS-30C(5)146 - The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 46 – Written statement

CLA(5)-24-19 – Paper 47 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11.7

WS-30C(5)147 - The Food and Drink (Amendment) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 48 – Written statement

CLA(5)-24-19 – Paper 49 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary.

11.8

WS-30C(5)148 - The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 50 – Written statement

CLA(5)-24-19 – Paper 51 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary, and agreed to write to the Welsh Government to seek an update and further clarification, as per the commentary provided by Assembly lawyers.

11.9

WS-30C(5)150 - The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

CLA(5)-24-19 – Paper 52 – Written statement

CLA(5)-24-19 – Paper 53 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary, and agreed to write to the Welsh Government to seek clarification, as per the commentary provided by Assembly lawyers.

11.10

WS-30C(5)149 - The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019

CLA(5)-24-19 – Paper 54 – Written statement

CLA(5)-24-19 – Paper 55 - Commentary

Supporting documents:

Minutes:

The Committee noted the statement and the commentary, and agreed to write to the Welsh Government to seek clarification, as per the commentary provided by Assembly lawyers.

15.10-15.15

12.

Interparliamentary Forum on Brexit: Update

CLA(5)-24-19 – Paper 56 – Media release

CLA(5)-24-19 – Paper 57 – Letter from the Chair of the Public Administration and Constitutional Affairs Committee, 5 September 2019

Supporting documents:

Minutes:

The Committee noted the press release and the letter from the Chair of the Public Administration and Constitutional Affairs Committee. In addition, the Committee noted that the next meeting of the Interparliamentary Forum would be hosted in Cardiff.

15.15-15.20

13.

Paper(s) to note

13.1

Letter from the Minister for Finance and Trefnydd: WS-30C(5)134 - The European Grouping of Territorial Cooperation (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 58 – Letter from the Minister for Finance and Trefnydd, 17 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Finance and Trefnydd.

13.2

Letter from the Chair of the Finance Committee to the Llywydd and the Counsel General: Senedd and Elections (Wales) Bill

CLA(5)-24-19 – Paper 59 – Letter from the Chair of the Finance Committee to the Llywydd and the Counsel General, 17 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the Finance Committee to the Llywydd and the Counsel General.

13.3

Letter from the Minister for Finance and Trefnydd: WS-30C(5)133 - The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

CLA(5)-24-19 – Paper 60 – Letter from the Minister for Finance and Trefnydd, 23 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Finance and Trefnydd.

13.4

Letter from the Llywydd to the Chair of the Equality, Local Government and Communities Committee: Voting rights for prisoners

CLA(5)-24-19 – Paper 61 – Letter from the Llywydd to the Chair of the Equality, Local Government and Communities Committee, 23 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd to the Chair of the Equality, Local Government and Communities Committee.

13.5

Letter from the Minister for Environment, Energy and Rural Affairs: Legislative Consent Memorandum on the Agriculture Bill

CLA(5)-24-19 – Paper 62 – Letter from the Minister for Environment, Energy and Rural Affairs, 25 July 2019

Supporting documents:

Minutes:

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

13.6

Letter from the Minister for Finance and Trefnydd: Forthcoming subordinate legislation

CLA(5)-24-19 – Paper 63 – Letter from the Minister for Finance and Trefnydd, 26 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Finance and Trefnydd.

13.7

Letter from the Chair of the Equality, Local Government and Communities Committee to the Llywydd: Voting rights for prisoners

CLA(5)-24-19 – Paper 64 – Letter from the Chair of the Equality, Local Government and Communities Committee, 26 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the Equality, Local Government and Communities Committee to the Llywydd.

13.8

Letter from the Chair of the Equality, Local Government and Communities Committee to the Minister for Housing and Local Government: Voting rights for prisoners

CLA(5)-24-19 – Paper 65 – Letter from the Chair of the Equality, Local Government and Communities Committee, 26 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Chair of the Equality, Local Government and Communities Committee to the Minister for Housing and Local Government.

13.9

Letter from the Counsel General: EU Exit SIs

CLA(5)-24-19 – Paper 66 – Letter from the Counsel General, 26 July 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

13.10

Letter from the Future Generations Commissioner: Future Generations Report

CLA(5)-24-19 – Paper 67 – Letter from the Future Generations Commissioner, 9 August 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Future Generations Commissioner.

13.11

Letter from the Llywydd: Senedd and Elections (Wales) Bill

CLA(5)-24-19 – Paper 68 – Letter from the Llywydd, 13 August 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd.

13.12

Letter from the Llywydd to the Chair of the Finance Committee: Senedd and Elections (Wales) Bill

CLA(5)-24-19 – Paper 69 – Letter from the Llywydd to the Chair of the Finance Committee, 13 August 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Llywydd to the Chair of the Finance Committee.

13.13

Letter from the First Minister: Statutory Instrument Consent Memorandums

CLA(5)-24-19 – Paper 70 – Letter from the First Minister, 23 August 2019

Supporting documents:

Minutes:

The Committee noted the letter from the First Minister.

13.14

Letter from the Minister for Finance and Trefnydd: Finance Ministers' Quadrilateral

CLA(5)-24-19 – Paper 71 – Letter from the Minister for Finance and Trefnydd, 29 August 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Minister for Finance and Trefnydd.

13.15

Letter from the Counsel General to the Chair of the Finance Committee: Senedd and Elections (Wales) Bill

CLA(5)-24-19 – Paper 72 – Letter from the Counsel General to the Chair of the Finance Committee, 3 September 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General to the Chair of the Finance Committee.

13.16

Letter from the Counsel General: Meeting of the Joint Ministerial Committee (EU negotiations)

CLA(5)-24-19 – Paper 73 – Letter from the Counsel General, 11 September 2019

Supporting documents:

Minutes:

The Committee noted the letter from the Counsel General.

15.20

14.

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

Minutes:

The Committee agreed the motion.

15.20-15.30

15.

Legislative Consent Memorandum on the Birmingham Commonwealth Games Bill: Draft report

CLA(5)-24-19 – Paper 74 – Draft report

CLA(5)-24-19 – Paper 75 – Legislative Consent Memorandum

CLA(5)-24-19 – Legal brief 2

Supporting documents:

Minutes:

The Committee considered and agreed its draft report on the Legislative Consent Memorandum on the Birmingham Commonwealth Games Bill.

15.30-16.30

16.

Briefing on a procedure for consolidation bill scrutiny

CLA(5)-24-19 – Briefing 3

CLA(5)-24-19 – Paper 76 – Letter from the Business Committee, including draft Standing Order

Supporting documents:

Minutes:

The Committee received a briefing on a proposed procedure for the future scrutiny of consolidation bills.

 

 

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