National Assembly for Wales

We've had apologies from Alun Davies, who will be late, and we've had apologies from Adam Price, but Sioned Williams is substituting. So, diolch, Sioned. The meeting is being broadcast live on Senedd.tv and the Record of Proceedings will be published as usual. Please can Members ensure that all mobile devices are switched to silent mode? Senedd Cymru operates through the medium of both the Welsh and English languages. Interpretation is available during today’s meeting.

Item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026. These regulations set out the contractual conditions, requirements and management arrangements for general dental services in Wales, including how providers are remunerated and how the new scheme of patient charges will operate. Senedd lawyers have identified 73 technical and four merits reporting points, and a Welsh Government response has not yet been received. Jen from our legal team, would you like to run through the reporting points? 

Thank you, Chair. Of the technical reporting points, 41 request further information from the Welsh Government on a variety of issues, 20 relate to defective drafting and 11 note inconsistencies between the Welsh and English texts. There's also one incidence of the use of gender-specific language. The first merits point identifies an error in the explanatory notes with the regulations that could cause confusion to the reader. The second notes incomplete referencing in the contents page. The third seeks confirmation as to when the National Health Service (Performers Lists) (Wales) Regulations 2026 are to be made.

The final point notes that amending regulations have already been made to these regulations to correct errors flagged by the statutory instrument registrar during the registration process. In relation to that point, with regard to the draft report, it notes that no response is required in relation to point 34, which deals with the corrections made to Schedule 1 by that correcting instrument. However, those corrections were made to the English text only, which has caused issues with the Welsh text of the regulations. These are flagged in the report on the amending instrument, but not currently detailed explicitly in the report on these regulations. So, if Members are content, we'd suggest amending the report before publication to highlight this issue and seek a response from the Welsh Government on this point.

Thanks, Jen. Do Members have anything to raise? I see that they have not. Are we happy to agree the reporting points? Yes. Thank you very much. 

The National Health Service (General Dental Services Contracts and Patient Charges) (Amendment) (Wales) Regulations 2026. These regulations amend the 2026 principal regulations, which are SL(6)772, the regulations we’ve just looked at at item 2.1, to correct errors identified during registration, including fixes to Schedule structures, a Welsh language typographical error, and incorrect patient charge levels. These regulations come into force on 1 March 2026 to ensure that the corrections take effect before the principal regulations themselves commence. Senedd lawyers have identified 13 technical and one merits reporting points. A Welsh Government response has not yet been received. We also have in our papers a letter from the Cabinet Secretary for Health and Social Care to the Llywydd, which explains that the instrument is in breach of Standing Orders, being laid less than 21 days before it comes into force. Jen, can you take us through the reporting points?

Thank you, Chair. As you say, these are the regulations that we have just referred to in a previous item. Of the technical reporting points, eight request further information regarding a variety of matters, two relate to defective drafting and three note inconsistencies between the Welsh and English texts. The merits point notes, as you referred to there, Chair, that the regulations come into force less than 21 days after they were made due to the need to commence them before the regulations discussed in the previous item so that the errors in those regulations can be rectified.

Thanks Jen. Members, do you have anything you want to raise? I can see you do not. Are we happy to agree the reporting points? I see that we are.

The Education (Information About Individual Pupils and Children in Alternative Provision) (Miscellaneous Amendments) (Wales) Regulations 2026. These regulations expand the types of data relating to additional learning needs that the Welsh Government can collect about children and young people educated in Wales. They update existing data collection rules so that information gathered through statutory school censuses aligns with the Additional Learning Needs and Education Tribunal (Wales) Act 2018. Senedd lawyers have identified one merits reporting point, and a Welsh Government response is not required. We also have in our papers a written statement by the Cabinet Secretary for Education, which sets out the findings of a consultation on proposed changes to data collected about pupils with additional learning needs. Jen, would you like to run through the reporting point?  

Thank you, Chair. The point notes that the regulations have data protection implications, so the Welsh Government has engaged with the information commissioner's office to ensure compliance with data protection legislation, and a data protection impact assessment has been completed and will be kept under review.

Do Members have anything to raise? I can see they have not. Are we happy to agree the reporting point? Yes. 

Instruments subject to the Senedd approval procedure. The Deposit Scheme for Drinks Containers (Wales) Regulations 2026. These regulations introduce a deposit-return scheme for single-use closed bottles and cans made from PET 1 plastic, steel, glass or aluminium that contain between 150 ml and three litres of liquid and are supplied for consumption in Wales. From 1 October 2027, a person who is supplied with a drink in a container that is in scope of the regulations must pay a deposit to the person who supplied that container. The person who returns the container to a designated point will then be entitled to redeem the deposit or elect that an amount equivalent to the deposit is paid to a charity.

Senedd lawyers have identified 15 technical and six merits reporting points. A Welsh Government response has not yet been received. The pack sets out three additional papers relating to these regulations. First is a written statement by the Deputy First Minister that set out the Welsh Government’s intention to deliver a scheme that includes glass bottles. The Deputy First Minister expresses the view that the scheme will deliver improvements against current recycling rates. The statement also highlights the need for an exclusion from the United Kingdom Internal Market Act 2020 and proposes a UK-wide implementation taskforce to support interoperability and smooth delivery of the scheme.

Secondly is a letter to note from the Climate Change, Environment and Infrastructure Committee to the Deputy First Minister asking him to respond to their concerns about the regulations 2026 and to address issues raised by industry stakeholders. And thirdly, we have submissions from the Wine and Spirit Trade Association and the British Retail Consortium. Both papers state that the inclusion of glass in the draft Welsh deposit-return scheme poses major practical, financial and administrative challenges for businesses. They argue that Wales should align with the rest of the UK by excluding glass to avoid disruption, protect recycling performance, and ensure a workable, fair scheme. Jen, would you like to take us through the reporting points?

Thank you, Chair. Of the 15 technical points, 10 request further information, including clarity on when the reuse duties come into force. One relates to defective drafting and four note inconsistencies between the Welsh and English texts.

Of the merits points, the first seeks confirmation of the position regarding the exclusion process under the UK internal market Act. One queries the reason for including reuse provisions that are not in a position to be used yet in the regulations. One seeks details of consultations that have been carried out since 2021, according to the explanatory memorandum, and requests clarity on the apparent reliance of the regulatory impact assessment on an assessment that was undertaken on a three-nations basis in 2021. No response is requested for the final two merits points, which flag the interaction of these regulations with other instruments and note that any penalty payment that Natural Resources Wales receives under Part 9 of the regulations is to be paid into the Welsh consolidated fund.

Thanks, Jen. Members, do you have anything to raise? Mark.

You referred to some of the submissions we've received, such as that from the British Retail Consortium. I seek guidance on which issues, if any, highlighted by them in the correspondence attached and that we've received fall within the scope of this committee's work. As we've heard, this relates to a conditional exclusion from the UK internal market Act, and concerns were raised over matters such as the scheme administrator, the Welsh Government is yet to appoint an administrator, traceability during the transition period, and space pressure in small stores particularly. Would these matters fall within the scope of this committee's work or not?

I can come in there, Chair, if I may. So, in relation to the functions and remit of this committee, the committee's role is to look at the regulations in accordance with Standing Order 21.2 and 21.3. So, the matters that are raised in the submission may well be more of a policy matter, and those are things that would potentially come under merits reporting points rather than any technical reporting points under Standing Order 21.2. So, while they are relevant to the regulations, from the perspective of this committee, I think our role is, or the role of the committee, rather, is more technical and looking at the instrument as a piece of law rather than the policy merits or otherwise of the instruments.

But are there merits reporting points we could highlight in relation to the matters raised in the submissions we've received? My understanding of the term 'merits', going back to when I sat on the committee that first considered this over two decades ago, was basically 'does it do what it says on the tin?' 

Some of the points are reflected in the merits points that are included in the draft report at the moment—for example, seeking an explanation as to what the position is regarding the exclusions. I think the British Retail Consortium raised issues in relation to the consultations that have been carried out in relation to these regulations, and the merits points do cover some of those issues. So, there are points already in there, but in terms of the wider policy issues, I understand that the policy committee has written, and, again, I think that's in the papers, to address some of those.

Okay, thank you.

Thank you, Mark. Are we happy to agree the reporting points? I see we are. Thank you very much.

Item 2.5, the Welsh Tax Acts etc. (Power to Modify) Act 2022 (Extension of Expiry Date) Regulations 2026. These regulations extend the Welsh Ministers' power to amend devolved tax legislation so it can continue to be used for the specific purposes set out in section 1 of the Welsh Tax Acts etc. (Power to Modify) Act 2022 until 30 April 2031. Senedd lawyers have identified one merits reporting point. A Welsh Government response has not yet been received. We also have in our papers a written statement by the Cabinet Secretary for Finance and Welsh Language in relation to the regulations. Jen, would you like to run us through the reporting point?

Thank you, Chair. It simply highlights the Welsh Government's reasons for extending the availability of the regulation-making power in section 1 of the 2022 Act from 8 September 2027 to 30 April 2031, and those details are set out in more detail in the explanatory memorandum.

Thank you, Jen. Do any Members have anything to raise? I see they have not. Are we happy to agree the reporting point? I see we are.

Instruments subject to no procedure. I would like to group the following items together for expediency: the Political Parties Campaign Expenditure (Senedd Elections) Code of Practice 2025 (Appointed Day) (Wales) Order 2026; the Non-Party Campaigner Campaign Expenditure (Senedd Elections) Code of Practice 2025 (Appointed Day) (Wales) Order 2026; and the Individual Candidate Election Expenses (Senedd Elections) Code of Practice 2025 (Appointed Day) (Wales) Order 2026. [Inaudible.] These Orders sets 18 February 2026 as the date when the following codes come into effect: the Political Parties Campaign Expenditure (Senedd Elections) Code of Practice 2025; the Non-Party Campaigner Campaign Expenditure (Senedd Elections) Code of Practice 2025; and the Individual Candidate Election Expenses (Senedd Elections) Code of Practice 2025. 

Senedd lawyers have identified 1 technical reporting point in relation to each Order. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points?

Thank you, Chair. The same point is raised for all three Orders, which notes that the Senedd is required to have a period of 40 days in which it can resolve not to approve the codes, but the Orders appear to have been made on the thirty-ninth day of that period, so confirmation of the position is sought from the Welsh Government.

Are we happy to agree that reporting point? Yes.

Item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.7. Strategic priorities and objectives statement to Ofwat issued under section 2B of the Water Industry Act 1991. These regulations set out the Welsh Government’s strategic priorities for Ofwat, requiring the regulator to engage transparently with Welsh stakeholders and tailor its approach to Wales's specific needs. They follow a consultation held between November 2025 and January 2026.

Senedd lawyers have identified 1 reporting point under Standing Order 21.7. A Welsh Government response has not yet been received. Jen, would you like to take us through the reporting point?

Thank you, Chair. The point notes that there appears to be a reference in the statement to a Green Paper that doesn't exist. So, confirmation is awaited from the Welsh Government as to what the correct reference should be.

Thank you, Jen. Members, anything to raise? I see they have not. Are we happy to agree the reporting point? I see we are.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered. The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2026. The committee considered this instrument at its meeting on 23 February and laid its report the following day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response? 

Thank you, Chair. Just to note that the Welsh Government has acknowledged the reporting points. In three of them, it doesn't consider that the differences materially affect the operation of the provisions. For the other two points regarding the meaning of the term 'the patient's health record' and the use of the word 'will' instead of 'must', the Government has confirmed that it will consider amendments when the 2023 regulations are next amended later this year.

Thank you, Jen. Do Members have anything to raise? I see they have not. Are we happy to note the Welsh Government's response? 

The Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2026. The committee considered this instrument at its meeting last week and laid its report the following day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?

Just to note that the Government has acknowledged the omission of a section in the enabling powers as an inaccuracy, but has confirmed that this doesn't affect the validity of the provision.

Thank you. Are we happy to accept the Welsh Government's response? I see that we are. 

The Infrastructure Consent (Correcting Errors and Applications to Change or Revoke Infrastructure Consent Orders) (Procedure) (Wales) Regulations 2026. The committee considered this instrument at its meeting last week and laid its report the following day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response? 

Thank you, Chair. The Government is seeking to deal with the inconsistencies between the Welsh and English texts by the use of a correction slip. With regard to the remainder of the points, the Welsh Government has said that it will consider making amendments in the future for two of the points that were raised, but for the others, the Government has noted the points but doesn't consider that confusion will arise from them. However, it has committed to keeping them under review.

Thanks, Jen. Do Members have anything that they want to raise? Are we happy to note the Welsh Government's response?

Notifications and correspondence under the inter-institutional relations agreement. Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Sea Fisheries (Amendment) Regulations 2026. The Deputy First Minister confirms that he has consented to the UK Secretary of State making the Sea Fisheries (Amendment) Regulations 2026, which affect devolved areas and apply to Wales. He explains that although such instruments are normally made by Welsh Ministers, it was appropriate in this case for the Secretary of State to do so for the reasons outlined in his written statement, which was laid on 6 February. The regulations were laid in the UK Parliament on 6 February and are subject to the negative procedure. Do Members have any comments?

Correspondence from the Welsh Government: meetings of inter-ministerial groups. The Deputy First Minister has made a written statement summarising discussions at a meeting of the inter-ministerial standing committee, held on 17 February. Discussions were held about the Representation of the People Bill, and the Deputy First Minister advised that work is under way on the Bill’s application to Wales and the associated legislative consent requirements. He also emphasised the importance of the UK Government remaining mindful of the timing of the dissolution of the Senedd. The Deputy First Minister also states that, due to time constraints, a scheduled discussion on legislative consent and the development of a memorandum of understanding on the Sewel convention was not held at the meeting. He has therefore written to the UK Government to set out the Welsh Government’s established position, namely that statutory underpinning and strengthening of the convention would offer critical safeguards for devolution. Do Members have any comments? I can see that they have none. 

Papers to note: correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Prohibition of Greyhound Racing (Wales) Bill—revised explanatory memorandum. The letter informs us that a revised explanatory memorandum for the Prohibition of Greyhound Racing (Wales) Bill has been laid following amendments agreed to the Bill at Stage 2. Do Members have any comments? I see they have not. 

Correspondence from the Llywydd to the Greyhound Board of Great Britain: Prohibition of Greyhound Racing (Wales) Bill. The committee has been copied in to correspondence in which the Greyhound Board of Great Britain raises concerns that the Prohibition of Greyhound Racing (Wales) Bill is progressing without key evidence or assessments. The Llywydd’s response confirms that the Senedd’s Standing Orders have been properly followed, and notes that the matters raised fall within Welsh Government responsibilities. Do Members have any comments? I see that they have not.

A written statement by the Minister for Further and Higher Education: implementation of the Tertiary Education and Research (Wales) Act 2022. The Minister for Further and Higher Education has introduced an Order and regulations in connection with the implementation of the Tertiary Education and Research (Wales) Act 2022. The Minister states that the instruments complete the legislative framework for the new regulatory regime for higher education in Wales. Do Members have any comments? If not, we'll move on.

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2026. The Deputy First Minister explains that the UK Government has made regulations to raise the UK emissions trading scheme’s auction reserve price. While he states that the making of the regulations does not require the consent of the Senedd, Welsh officials were involved in reviewing the drafting of the regulations. Do Members have any comments? I see they have none.

We'll move on to a motion under Standing Order 17.42(vi) and (ix) to resolve to exclude the public from the remainder of the meeting. Are Members happy? I take it that they are. So, we're now moving into private session.