National Assembly for Wales

Can I welcome Members to this virtual meeting of the Legislation, Justice and Constitution Committee? As a reminder, the meeting is being broadcast live on Senedd.tv, and the Record of Proceedings will be published as usual. Aside from the procedural adaptations for conducting proceedings in a virtual format, all other Standing Order requirements remain in place. Please can Members ensure that all mobile devices are switched off or switched to silent? Senedd Cymru operates through the medium of the English and Welsh languages, and interpretation is available during today's meeting. Members are reminded that the sound operator is controlling the microphones and, as such, you do not need to mute and unmute yourself during the public meeting. And Alun Davies has sent apologies.

Okay, moving on, item 2, instruments that raise no reporting issues under Standing Order 21.2 or 21.3. Paper 1 is the draft report under item 2 on the instruments that raise no reporting issues under Standing Order 21.2 or 21.3. Item 2.1, the Housing Renewal Grants (Amendment) (Wales) Regulations 2024, under the made negative resolution instruments, provides updates to terminology in the Housing Renewal Grants Regulations 1996 to reflect the revised legislative position resulting from the Tertiary Education and Research (Wales) Act 2022. Senedd lawyers have identified no reporting points. Do Members have any issues or comments they wish to make? I take that to be a 'no'. 

Item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. Under item 3, the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024. There's a draft report, and paper 3 is a written statement by the Cabinet Secretary for Finance, Constitution and Cabinet Office. At item 3.1, we have regulations that make provision in relation to Wales on land transaction tax. Specifically, they would extend the three-year periods applying to the 'replacement of main residence' exception from higher residential rates of LTT. Senedd lawyers have identified one technical and two merits reporting points. A Welsh Government response has now been received. We also have a written statement from the Cabinet Secretary with details of the consultation that took place. I'll now pass you over to Kate from our legal team.

Thank you. The technical reporting point identifies some incorrect references within the regulations and, in response, the Welsh Government confirms that this issue will be corrected before the regulations are made. And then the two merits points are simply matters to note. So, the first is that land transaction tax is collected and managed by the Welsh Revenue Authority and paid into the Welsh consolidated fund. Secondly, just to note those details about the consultation that was carried out.

Thank you very much. Do any Members want to raise anything? No. 

Item 4, instruments that raise issues to be reported to the Senedd under Standing Order 21.7. We have two draft codes of practice. Item 4.1, 'Part 2 Code of Practice: General Functions'. A draft report is in our papers. This first code of practice sets out the requirements that local authorities must act in accordance with when exercising their social services functions under Part 2 of the Social Services and Well-being (Wales) Act 2014. This code was originally laid in March, but was then withdrawn following the circulation of a draft LJC report that identified a number of errors and inconsistencies in the document. Senedd lawyers have identified seven reporting points. A Welsh Government response has not yet been received. The clerk can update us, so I'll pass you over to the clerk and Kate from our legal team. 

Thank you. The reporting points here all relate to the clarity and the accessibility of the code. In particular, the first reporting point notes that the legal status of some of the requirements in the code isn't really clear because of the language that's used, and we're waiting for the Welsh Government to provide a response on those points. 

Have any Members got any points that they want to raise? No. That takes us on to paper 5, the draft report. The second code of practice on today's agenda sets out principles and standards for the commissioning of care and support by local authorities, local health boards and NHS trusts. Again, the draft code was originally laid before the Senedd in March, before being withdrawn so that the Government could address errors identified in that draft version. Senedd lawyers have identified one reporting point. A Welsh Government response has not yet been received. Again, I'll pass you over to Kate.

The reporting point here identifies a number of problems with cross-references in the code and, again, this could have impact on its accessibility for readers and users, and we're waiting for the Welsh Government's response to this one too.

Any Members want to raise anything?

Item 5, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 previously considered. Item 5.1, the Procurement (Wales) Regulations 2024, paper 6, letter to the Cabinet Secretary for Finance, Constitution and Cabinet Office of 24 June 2024, and the letter from the Cabinet Secretary for Finance, Constitution and Cabinet Office, 27 June 2024. The papers are in the pack. We considered and reported on these regulations last week, then we wrote to the Cabinet Secretary to seek further clarification. Our letter and the Cabinet Secretary's response are published under this item. The Plenary debate takes place tomorrow. Kate, do you have any views on the Cabinet Secretary's response to draw to Members' attention?

Yes. One of the issues on which the committee sought clarity was in relation to the use of outdated names of certain bodies that are referred to in the regulations. In particular, there is a reference to the National Assembly for Wales Commission. The Welsh Government's original response suggested that the UK Government had advised that these outdated names had to be used. The Cabinet Secretary's response to the committee's letter suggests that these old names were used to ensure that the same bodies are covered by the new legislation as were covered by the previous procurement legislation, and also to avoid any risk to international trade obligations. The committee may want to seek some further clarity from the Welsh Government on this and particularly how the use of the correct name for the Senedd Commission would have any impact on these international trade obligations. In our view, the same body would be covered if the correct name was used, so we don't think the Welsh Government's position is entirely clear here. So, it might be helpful to seek some more clarity before the debate tomorrow.

Thank you. Do any Members want to say anything, or do you want to defer discussion until we get into private session?

Item 6, notification of correspondence under the inter-institutional relations agreement. Notifications and correspondence under the inter-institutional relations agreement is a regular standing item in this committee's agenda, and we have nothing to report.

Item 7, papers to note. We have several papers to note to consider. Item 7.1, we have a letter from the Cabinet Secretary in which she responds to recommendations made in our report on the legislative consent memorandum on the Renters (Reform) Bill. Members will know that this Bill fell at the dissolution of the UK Parliament on 30 May. Do Members have anything they wish to add or raise? No. Again, if there's anything, we could defer it until private session.

Item 7.2, correspondence from the Welsh Government on the Victims and Prisoners Bill. At item 7.2, we have the Cabinet Secretary's response both to our report and the report of the Equality and Social Justice Committee on the Welsh Government's legislative consent memorandum on the Victims and Prisoners Bill. Members will know that this Bill received Royal Assent on 20 May and is now an Act. Do Members have anything they wish to raise? No? If we do want to raise anything, we can defer it until the private session.

Item 7.3, correspondence from the Counsel General, corrections to statutory instruments subject to the draft affirmative scrutiny process. The letter from the Counsel General responds to our request of 4 June for further clarification on the criteria applied by the Government when considering whether corrections could and should be made on the making of a draft affirmative instrument. Do Members wish to raise anything?

Item No. 7.4, correspondence from the Cabinet Secretary for Climate Change and Rural Affairs on the Trade in Animals and Related Products (Amendment and Legislative Functions) and the Animal Health (Miscellaneous Amendments) (Wales) (EU Exit) Regulations. The letter from the Cabinet Secretary at item 7.4 is in relation to the committee requesting updates on the corrections being made to the 2022 Trade in Animals and Related Products Regulations. Do Members have anything they wish to raise? If there's anything you wish to raise, we could perhaps defer it to the private session.

That takes us to item 8, a motion under Standing Order 17.42 to resolve to exclude the public for the remainder of the meeting. Is that agreed? Yes. Okay.