Y Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad
Legislation, Justice and Constitution Committee
23/03/2026Aelodau'r Pwyllgor a oedd yn bresennol
Committee Members in Attendance
| Adam Price | |
| Alun Davies | |
| Mark Isherwood | |
| Mike Hedges | Cadeirydd y Pwyllgor |
| Committee Chair |
Swyddogion y Senedd a oedd yn bresennol
Senedd Officials in Attendance
| Elizabeth Foster | Dirprwy Glerc |
| Deputy Clerk | |
| Gerallt Roberts | Ail Glerc |
| Second Clerk | |
| Jennifer Cottle | Cynghorydd Cyfreithiol |
| Legal Adviser | |
| Megan Jones | Dirprwy Glerc |
| Deputy Clerk | |
| Owain Davies | Ail Glerc |
| Second Clerk | |
| P Gareth Williams | Clerc |
| Clerk | |
| Tom Lewis-White | Ail Glerc |
| Second Clerk |
Cynnwys
Contents
Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Mae hon yn fersiwn ddrafft o’r cofnod.
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. This is a draft version of the record.
Cyfarfu’r pwyllgor drwy gynhadledd fideo.
Dechreuodd y cyfarfod am 13:30.
The committee met by video-conference.
The meeting began at 13:30.
Prynhawn da a chroeso i’r cyfarfod hwn o'r Pwyllgor Deddfwriaeth, Cyfiawnder a'r Cyfansoddiad.
Good afternoon and welcome to this meeting of the Legislation, Justice and Constitution Committee.
No apologies have been received today. Are there any declarations of interest? I see none. 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.
That takes us on to item 2, instruments that raise no reporting issues under Standing Order 21.2. The Housing Renewal Grants (Amendment) (Wales) Regulations 2026. These regulations update the 1996 Housing Renewal Grants Regulations to ensure that certain payments made under the Tertiary Education and Research (Wales) Act 2022 are counted as access funds. They also ensure that payments are disregarded as income when local authorities apply the statutory means test for grant eligibility. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? I see they have none.
The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 7, Transitory, Transitional and Savings Provisions) Order 2026. The Order brings various parts of the Tertiary Education and Research (Wales) Act 2022 into force between 2026 and 2027, setting out when different duties and powers will start to apply. It also includes temporary and transitional arrangements to ensure a smooth handover of responsibilities, particularly around quality assurance, inspections and reporting. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? I see they have none.
The Inspection of Education and Training (Wales) Regulations 2026. These regulations revoke and replace the Inspection of Education and Training (Wales) Regulations 2001. They make provision about how Estyn must carry out inspections in respect of specific education and training and in relation to area inspections. They define when inspections must occur and when reports must be published. Senedd lawyers have identified no reporting points. Do Members have any comments? I see they have none.
The Infrastructure (Wales) Act 2024 (Amendment to Commencement Order No. 2) Order 2026. This Order updates the Infrastructure (Wales) Act 2024 (Commencement No. 2) Order 2025 in line with the Welsh Government’s response to the committee’s report. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? I see they have none.
The Senedd Cymru (Returning Officers’ Accounts) Order 2026. The Order sets out how returning officers must submit accounts and supporting documents to Welsh Ministers for reimbursement of their charges for Senedd elections. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? Are we happy to agree the report? I see there are no comments and we're happy to agree the report.
The Welsh Language and Education (Wales) Act 2025 (Commencement No. 1 and Transitional and Transitory Provision) Order 2026. This Order brings various provisions of the Welsh Language and Education (Wales) Act 2025 into force, with most commencing on 1 April 2026 and section 28(1)(b) commencing on 1 August 2027, to align with the establishment of the National Institute for Learning Welsh. It also activates Part 3 for defining language categories and sets out transitional and transitory arrangements. Senedd lawyers have identified no reporting points. Do Members have any comments? I see they have not. Are we happy to agree the report? I believe we are.
Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The Building etc. (Amendment) (Wales) Regulations 2026 draft report. These regulations update the 2010 building regulations by expanding the definition of fixed building services, revoking regulations relating to zero energy buildings considered to be redundant, introducing a new energy efficiency performance metric, and requiring onsite renewable electricity generation for new dwellings. These regulations also make consequential amendments to other legislation to support the Welsh Government’s implementation of the Building Safety Act 2022. Senedd lawyers have identified three technical reporting points. A Welsh Government response has been received. Are Members content for the committee clerks to share any remaining Welsh Government responses to our SI reports before dissolution via e-mail, and subsequently publish on our website? We have Jen here from our legal team. Jen, would you like to run us through the reporting points?
Thank you, Chair. Two of the points note defective drafting. The first highlights that some provisions appear to incorrectly identify the provisions they are amending in the 2010 regulations, but the Government's response has clarified that other amendments are being made via previous regulations, which will come into force before this instrument, so the drafting is correct. The Welsh Government agrees with the second point regarding a failure to correctly use a defined term and will seek to amend this at the next available opportunity. And then, the final point notes an inconsistency between the Welsh and English text, which the Welsh Government is seeking to rectify via the use of a correction slip.
Thanks, Jen. Do Members have anything that they want to raise? I see that they do not. Are we happy to agree the reporting points? I see that we are. Thank you very much.
The Fire and Rescue Services National Framework and Variation Combination Scheme (Wales) Order 2026. These regulations bring into force a revised fire and rescue national framework for Wales and update the three Welsh fire and rescue combination schemes to change the constitution and membership arrangements of the authorities. They also require each authority to consult constituent councils on budget contributions and explain how its spending will promote the efficient delivery of fire and rescue services. Senedd lawyers have identified six technical reporting points and a Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points?
Thank you, Chair. All of the points that are raised in the report request further explanations from the Welsh Government in relation to: differences in the Welsh text of the title for the fire and rescue national framework for Wales; the mixture of gender-neutral and gender-specific language created in the schemes by the amendments that this Order makes; unnecessary provision numbering; failure to define the term 'executive'; using the term 'will' instead of 'must'; and also highlighting a typographical error in the English text.
Thank you, Jen. Do any Members have anything they'd like to raise? I see that they have none. Are we happy to agree the reporting points? I see that we are. Thank you very much.
The National Health Service (Performers Lists) (Wales) Regulations 2026. These regulations revoke and replace the 2004 performers lists framework to modernise and streamline their operation and administration while ensuring continued public safety. Senedd lawyers have identified 21 technical reporting points, and a Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points?
Thank you, Chair. Eleven of the points request further information from the Welsh Government regarding the failure to use specific cross-referencing; failure to define terms; unclear provision regarding when a document is received by the local health board; lack of clarity on the imposition of duties on reserved authorities; clarity regarding what is meant with reference to updating an application for inclusion on the list; the time frame within which the local health board has to notify a practitioner of their failure to comply with conditions and their rights of appeal; and the application of provisions to emergency registered practitioners.
There are also three points relating to defective drafting when the meaning of certain wording isn't clear, and also that text that is to be amended is being incorrectly identified. Of the remaining points, six identify inconsistencies between the Welsh and English texts and one identifies the use of gender-specific language.
Thanks, Jen. Do Members have anything they wish to raise? They don't appear to. Are we happy to agree the reporting points? Yes.
The School Funding, Budget Statements and Outturn Statements (Wales) Regulations 2026. These regulations update and replace earlier rules on how maintained schools in Wales are funded, and establish the financial framework for local authorities and schools. They also specify information about local authority expenditure on education, which must be contained in the budget statement of planned expenditure and outturn statement of actual expenditure. The majority of provisions apply in relation to financial years beginning on or after 1 April 2027. Senedd lawyers have identified three technical reporting points, and a Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points?
Thank you, Chair. We have actually now received a response from the Welsh Government in relation to these regulations. Two of the points that are in the report request further information regarding whether the correct enabling powers are cited and whether a provision should refer to 'pupil' or 'pupils'. There's also an inconsistency point, noting an inconsistency between the Welsh and English texts. The Government's response is to confirm that they've agreed with all of the reporting points and they will be considered for amendment when an appropriate opportunity arises before 1 February next year, when these regulations come into force.
Thank you. Do Members have anything to raise? Are we happy to agree the reporting points? I see we are. Thank you very much.
The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026. The Order removes the rule that stops air-source heat pumps from being installed near boundaries, as long as they meet noise standards. It also lets land be used for campsites for up to 60 days in most areas, with some restrictions and a new approval step. Senedd lawyers have identified one technical reporting point. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting point?
Thank you, Chair. We have just received the response from the Welsh Government in relation to this report. The point notes an inconsistency between the Welsh and English texts, and the Government's response, which arrived earlier this morning, confirmed that they will explore the possibility of amending this by way of a correction slip.
Thanks, Jen. Before I ask any other Members if they have anything to raise, there's a theme to these, isn't there, with the Welsh and English saying different things. Surely, the level of competence needed amongst the Welsh Government civil servants is to make sure the Welsh and English say exactly the same thing. I don't expect you to comment on that; that's just my view on it. Do any other Members have anything to add? No. Are we happy to agree the reporting points? I think we are.
The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026. This Order removes the rule that stops—. We've just done that, sorry. I should have turned over.
The Senedd Cymru (Returning Officers' Charges) Order 2026. The Order sets the maximum amounts that returning officers may recover for services and expenses connected to conducting a Senedd Cymru election. It is made under article 23 of the Senedd Cymru (Representation of the People) Order 2025, and is accompanied by the Senedd Cymru (Returning Officers’ Accounts) Order 2026, which sets out how returning officers must submit their accounts. Senedd lawyers have identified one technical and one merits reporting point. A Welsh Government response has not yet been received. Jen, would you like to run through the reporting points?
Thank you, Chair. The technical point notes that the term 'electoral administrators' is not defined for the purpose of the Order, but no response is requested for the merits point, which notes that this Order doesn't just apply to the 2026 election, but to all other future Senedd elections after that, unless it's revoked or replaced.
Thanks, Jen. Do Members have anything they want to add? I see they do not. Are we happy to agree the reporting points? Yes, I see we are.
The Elections and Elected Bodies (Wales) Act 2024 (Commencement No. 3) Order 2026. This Order brings into force sections 3 and 4 of the Elections and Elected Bodies (Wales) Act 2024 on 1 October 2026, which require eligible local government electors to be registered. Senedd lawyers have identified one technical reporting point. A Welsh Government response has not yet been received. Jen, would you like to run through the reporting point?
Thank you, Chair. We did actually receive a Welsh Government response to this SI a short time ago. The point seeks an explanation as to whether the conditions for bringing sections 3 and 4 into force have been fulfilled, particularly whether the report on the operation of Welsh election pilot provision regulations have been laid before the Senedd, and why regulations addressing one of the conditions come into force at the same time, rather than before this Order. The Welsh Government has provided the explanation requested in its response and confirmed that the explanatory memorandum will be amended and remade to provide clarity.
Thank you. Do Members have anything to raise? Are we happy to agree the reporting point? I see that we are.
Instruments subject to the Senedd approval procedure—item 3.8. The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026. These regulations amend the 2014 eligibility rules so that people fleeing a country where the UK Government has issued leave advice or begun an evacuation can access housing and homelessness assistance in Wales without meeting the habitual residence test. To qualify, individuals must apply within six months of the Government’s initial advice or the start of an evacuation operation.
In her written statement, and the letter discussed at last week’s meeting, the Cabinet Secretary explains that she has laid draft regulations to amend the 2014 regulations as a precautionary measure, ensuring Wales can respond quickly if the UK Government triggers crisis arrangements relating to events and the situation in the middle east. Due to the urgency, the accelerated Senedd procedure is being used, with a one-year sunset clause for future scrutiny. A debate to seek the Senedd’s approval of the regulations will take place tomorrow.
Senedd lawyers have identified one merits reporting point. A Welsh Government response is not required. Jen, would you like to take us through the reporting point?
Thank you, Chair. The point notes that these regulations come into force on 30 March and that the general crisis provision will cease to have effect on 30 March next year. This is to enable the future Senedd to undertake full scrutiny of any wider, permanent regulations, which would be subject to full consultation. The Welsh Government has stated it intends to present its evaluation of the effect of these regulations to the incoming Welsh Government.
Thanks, Jen. On to Members—any comments? I see they have none. Are we happy to agree the reporting points? 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 Dental Services Contracts and Patient Charges) (Wales) Regulations 2026. The committee considered this instrument subject to the annulment procedure at our meeting on 9 March and laid its report the next 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?
Yes, Chair. In its response, the Welsh Government has indicated it will consider making amendments when the appropriate opportunity arises in relation to 26 points where further explanation was requested regarding the form of meaning of the provisions, 18 defective drafting points, 11 inconsistencies between the Welsh and English text and one point regarding the use of gender-specific language. A continued error that was noted in similar regulations in 2023 in the explanatory note is also acknowledged as requiring correction, together with incomplete references in the contents page. So, this means that 56 issues remain outstanding of the 76 identified as requiring a response in the committee's report. But, where no amendments are proposed, the Welsh Government has explained why not.
Thank you very much. Do Members have anything they want to raise in comments or questions? I see they have not. Are we happy to note the Welsh Government response? I see we are.
The National Health Service (General Dental Services Contracts and Patient Charges) (Amendment) (Wales) Regulations 2026. The committee considered this annulment instrument at our meeting on 9 March and laid its report the next 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 flag again, Chair, that, of the 13 points raised by the committee, the Welsh Government has indicated it will consider making amendments when an appropriate opportunity arises for nine of them. Explanations have been provided for the remaining four points.
Thanks, Jen. On to Members—do we have any comments? No, I see we have not. Are we happy to note the Welsh Government response? I see we are.
Instruments subject to the Senedd approval procedure. The Digital Waste Tracking (Wales) Regulations 2026. The committee considered this instrument at our last meeting and laid its report the following day. Members are invited to note the Welsh Government response to the report, which has since been received. Do you have anything to raise from the Welsh Government response, Jen?
Just to note that, for the majority of the points, the Welsh Government intends to make corrections to the instrument before it's made and an explanation is provided wherever this is not the case.
Thanks, Jen. Do Members have anything they want to raise? No. Are we happy to note the Welsh Government response? I see we are.
Instruments subject to no procedure. There are three items: SL(6)775, 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; the Individual Candidate Election Expenses (Senedd Elections) Code of Practice 2025 (Appointed Day) (Wales) Order 2026. The committee considered these Orders at our 9 March meeting and laid our reports the next day. Members are invited to note the Welsh Government response, which has since been received. Jen, do you have anything to raise from the Welsh Government response?
Thank you, Chair. So, the Welsh Government has acknowledged that it failed to comply with the superaffirmative procedure and the timescales that are set out in that regard and in statute, but it's also given a contradictory statement in the response, which states that the Government is satisfied that the requirements of the legislation have been met, despite already acknowledging that they were not. This means that there were statements in the commencement Orders that were not correct at the time that they were made, and the Welsh Government has indicated that it's content with this, but there is an argument to say that the codes have not been validly made.
Do Members have any comments? I see they do not. Are we happy to note the Welsh Government response? I see we are.
Instruments subject to the Senedd annulment procedure: the Education Workforce Council (Further Education Teacher Qualifications, Periods of Absence from Work and Miscellaneous Amendments) (Wales) Regulations 2026. The committee considered this annulment instrument at its last meeting and laid its report the next 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?
Nothing to add, thank you, Chair.
Thanks, Jen. Then on to Members. Do we have any comments? I see we do not. Are we happy to note the Welsh Government response? I see we are.
SL(6)783, the Higher Education (Qualifying Courses and Qualifying Persons) (Wales) Regulations 2026. The committee considered this annulment instrument at its last meeting and laid its report the next 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?
So, the Government has acknowledged that one of the inconsistencies between the Welsh and English texts requires a further instrument to correct the error, which they expect to lay by the end of this month. They're also seeking to correct another inconsistency by way of correction slip, and explanations have been provided in relation to the remaining points raised.
Thanks Jen. Do Members have any comments? No. Are we happy to note the Welsh Government response? I see we are.
Correspondence from the Welsh Government, meetings of inter-ministerial groups. We have a number of notifications this week of inter-ministerial group meetings taking place. Firstly, the Interministerial Group for Trade met on 4 March and discussed recent US trade developments, steel trade measures and updates on negotiations with the Gulf Cooperation Council and the situation in the middle east. The Cabinet Secretary for Social Justice, Trefnydd and Chief Whip informs the committee of the upcoming 25 March meeting of the Interministerial Group for Safety, Security and Migration. 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 draft Mandatory Water Efficiency Labelling Regulations 2026. The Deputy First Minister informs the committee that he intends to give consent for the UK Government to make these regulations, which will establish a mandatory labelling scheme on the water usage of household appliances. The Deputy First Minister says that it is considered appropriate for the regulations to apply to Wales as there is no policy divergence on this matter and the scheme complements the existing energy efficiency scheme, which operates on a UK-wide basis. He also states that the UK Government has committed to publishing a Welsh language version of the regulations. The UK Government intends to lay the regulations in the UK Parliament on 6 May. Do Members have any comments? If not, we’ll move on to the next item.
Correspondence to the Business Committee, future review of Standing Order 29. Item 6.1 includes our letter to the Business Committee about Standing Order 29 for the record.
Item 6.2, correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs and the Counsel General and Minister for Delivery, general scrutiny follow-up. The committee has received a response from the Deputy First Minister and the Counsel General to the questions we raised following our evidence session. Do Members have any comments they wish to make? I see we do not. We’ll move on to the next item.
Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs to the Public Accounts and Public Administration Committee, the Public Office (Accountability) Bill. A letter from the Public Accounts and Public Administration Committee to the Cabinet Secretary for Climate Change and Rural Affairs, 6 March 2026. The Public Accounts and Public Administration Committee has received a response from the Deputy First Minister following its letter on 6 March about the Public Office (Accountability) Bill. He confirms that the third legislative consent memorandum will be withdrawn and relaid due to the UK Government pausing the Bill. He goes on to reiterate his intention to recommend that the Senedd gives consent during the Senedd's consideration of the legislative consent motion, which is scheduled for debate tomorrow. We may wish to discuss that in private session, or we can discuss it now. I take it that we'll move on to that in the private session.
Correspondence from the Minister of State for Courts and Legal Services, Cardiff Civil Justice Centre. The UK Government Minister of State for Courts and Legal Services responds to our request for an update on discussions around the future of the Cardiff Civil Justice Centre. The Minister confirms that discussions are ongoing about potential relocation options for the centre within the city, but recognises the frustration that progress has not kept pace with expectations. The Minister also states that His Majesty’s Courts and Tribunals Service will continue to engage with the Welsh Government and Cardiff Council to identify relocation options, while acknowledging that any relocation would require substantial capital expenditure. She also provides details of court estate capital improvement works across Wales. Do Members have any comments? I see they do not. We'll move on to the next item.
Correspondence from the Cabinet Secretary for Education: Children’s Wellbeing and Schools Bill. We wrote to the Cabinet Secretary for Education ahead of Tuesday’s Plenary to note the very limited time available to scrutinise the fifth legislative consent memorandum laid for this Bill and to highlight several issues needing clarification. The Cabinet Secretary confirms that the Senedd’s legislative consent is required, that the only additional change to clause 39 relates to introducing a Senedd approval procedure for the pilot scheme, and that recent UK Government amendments on online safety specifically replacing the proposed under-16 social media ban with broader delegated powers are considered reserved matters that will sit with the UK Parliament. She adds that the UK Government will keep the devolution position under review and work with devolved Governments as policy develops. Do Members have any comments they wish to make? We have none.
Correspondence from the Counsel General and Minister for Delivery, updated analysis of subordinate legislation requiring correction. The Counsel General informs us of the Welsh Government’s position on 'omnibus' statutory instruments and confirms that it does not intend to use this broad approach again due to the accessibility and efficiency concerns. The letter also sets out that, of the 15 statutory instruments requiring correction, nine will be amended before dissolution of the Senedd, with the remaining six to be addressed in the next Senedd. Do Members have any comments? I see they have none.
Correspondence from the Welsh Government, the Welsh Government's response to the committee's report on the Welsh Government's legislative consent memorandum on the Cyber Security and Resilience (Network and Information Systems) Bill. The Welsh Government has responded to our report on the legislative consent memorandum on this Bill. Do Members have any comments?
Correspondence from the European Affairs Committee, House of Lords, dynamic alignment inquiry. The House of Lords European Affairs Committee informs us about its newly launched inquiry into dynamic alignment, highlighting forthcoming UK-EU arrangements in sanitary and phytosanitary, emissions trading and electricity markets that could affect devolved competencies. The committee invites written evidence by 20 April 2026, noting that the inquiry specifically seeks views on the implications for UK devolution. We can discuss that in private, if we so desire.
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.
Can I move item 7, a motion under Standing Order 17.42(vi) and (ix) to resolve to exclude the public from the remainder of the meeting? Is that agreed? It is.
Derbyniwyd y cynnig.
Daeth rhan gyhoeddus y cyfarfod i ben am 13:57.
Motion agreed.
The public part of the meeting ended at 13:57.