National Assembly for Wales

Prynhawn da a chroeso. Good afternoon and welcome to the virtual meeting of the Legislation, Justice and Constitution Committee. It's being broadcast live on Senedd.tv and the Record will be published as usual. And just as normal, make sure all mobile devices are switched to silent, which was what I was doing a few moments ago. People can use either Welsh or English, whichever they prefer. This takes us on—. We've got no apologies, have we? No. No apologies. Are there any declarations of interest? No.

That takes us on to item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. Item 2.1, the Education (Arrangements for Assessing Reading and Numeracy in the Curriculum for Wales) Regulations 2024. This is a made negative resolution instrument. The education arrangements for assessing reading regulations, these regulations provide for national personalised assessments to replace the reading and numeracy tests that are given legal effect by the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013. The 2013 Order is to be revoked from 1 September 2024. The explanatory note for these regulations lists the difference to the way that the assessments will be administered in comparison to the way the national tests have been done. The regulations also ensure that the reporting obligation by headteachers continues. Senedd lawyers have identified four merits reporting points. A Welsh Government response has been received. Do our legal team have any issues to highlight arising from the draft report and Welsh Government responses? 

Just to note that the four merits points were each reported under Standing Order 21.3(ii) as matters likely to be of interest to the Senedd. We requested the Welsh Government response in relation to the first and the fourth reporting points. So, I'll just draw your attention to those. The first merits reporting point noted that it would be more accessible if the regulations contained a hyperlink to the handbook that they refer to. In response, Welsh Government is liaising with the SI registrar to see whether they can do this via a correction slip. And then the fourth merits point noted that no impact assessment had been carried out, and suggested that such an assessment would actually have been helpful in explaining the changes being made through the regulations and the reasons why Welsh Government considers these to be beneficial. And in its response, Welsh Government says it will ensure that a regulatory impact assessment is completed in accordance with the Welsh Ministers’ code of practice for any future revisions to the regulations.

Thank you very much. Any Members got any comments? No. Are we happy to agree the reporting points? Yes. Yes, a lot of nodding. Okay. Thank you very much.

Item 3, notification and correspondence under the inter-institutional relations agreement: correspondence from the Welsh Government, interministerial group meetings, and a letter from the Cabinet Secretary for Culture and Social Justice. There are two pieces of correspondence to consider: first, a letter from the Cabinet Secretary for Culture and Social Justice in relation to a meeting of the safety, security and migration interministerial group, which was scheduled for 7 May, but was cancelled on the day. She will update us as soon as a rescheduled date is agreed, which will likely be impacted by the calling of the UK general election. Secondly, we have a letter from the Counsel General regarding a meeting of the Interministerial Group for Elections and Registration, which took place on 23 May. He stated that he would be giving an update on the Welsh Government's work on reforming elections, as would the Scottish and UK Governments. Any Members got any comments? No. 

Item 3.2, correspondence from the Cabinet Secretary for Climate Change and Rural Affairs. We have correspondence from the Cabinet Secretary for Climate Change and Rural Affairs, in which he informs us that he has given his consent to the UK Government to make the Phytosanitary Conditions (Amendment) Regulations 2024. The Cabinet Secretary states that it was considered appropriate for the regulations to be laid by the UK Government, as although the regulations relate to a devolved area, they impact on imports of plants and plant products GB-wide. The Cabinet Secretary also states that introducing separate regulations in Wales and England may cause additional burdens on the Animal and Plant Health Agency, business, traders and growers. Are Members content to note that? Yes.

We'll move on to the next item, item 3.3, correspondence from the Cabinet Secretary for Climate Change and Rural Affairs: the Animal Welfare (Livestock Exports) Enforcement Regulations 2024. We have correspondence from the Cabinet Secretary informing us of his intention to consent to the UK Government making the Animal Welfare (Livestock Exports) Enforcement Regulations. I think that most people are aware that the enabling Act, the Animal Welfare (Livestock Exports) Act 2024, was subject to the legislative consent process. The Cabinet Secretary states that he has given his consent as it will ensure the regulations are introduced simultaneously across England, Wales and Scotland, and for coherent, centrally co-ordinated communications with stakeholders. The regulations were due to be laid in the UK Parliament on 5 June. It is, however, unclear when they will now be laid as a result of the general election. Are we happy to note that? Is there any update on how far they got before the general election?

No, Chair.

Item 3.4, written statement and correspondence from the Cabinet Secretary for Climate Change and Rural Affairs: the Ivory Act (Meaning of 'Ivory' and Miscellaneous Amendments) Regulations 2024. Under item 3.4, I invite you to note the written statement and correspondence from the Cabinet Secretary for Climate Change and Rural Affairs, which confirms that he has given consent to the UK Government to make the Ivory Act (Meaning of 'Ivory' and Miscellaneous Amendments) Regulations 2024. The regulations were laid before the UK Parliament on 21 May and were subject to the affirmative procedure. However, they were not approved by the UK Parliament before its dissolution ahead of the general election. So, are Members happy to note that? On a personal note, I hope that it does come back fairly quickly.

Written statement and correspondence from the Cabinet Secretary for Finance, Constitution and Cabinet Office: the Procurement Act (Commencement No.3, Transitional and Saving Provisions) Regulations 2024. Paper 7 is a written statement by the Cabinet Secretary for finance; paper 7a is a letter from the Cabinet Secretary for Finance, Constitution and Cabinet Office on 30 May. It's in the pack. Are people happy to note it or are there any comments?

We'll move on to item 4, papers to note. We have papers to note. There are quite a few items in this section today. If Members wish to make a comment on any of these, please do stop me; otherwise, we'll move through them quite quickly. Is that okay? Either say something or wave. Correspondence from the Finance Committee: Welsh Government draft budget. Correspondence from the Cabinet Secretary for Economy, Energy and Welsh Language: legislative consent memorandum on the Data Protection and Digital Information Bill. The Bill fell because of the calling of the UK general election, which, again, I think is unfortunate.

Correspondence from the Cabinet Secretary for Housing, Local Government and Planning, item 4.3. Are we happy to note this? Item 4.4 is a letter from the Cabinet Secretary for Health and Social Care on 14 May and a letter to the Cabinet Secretary for Health and Social Care on 30 April. We've got the correspondence with the Cabinet Secretary for Health and Social Care in relation to the Tobacco and Vapes Bill, which was introduced on 20 March. Are we content? Yes.

Item 4.5, correspondence with the Business Committee: review of Standing Order 29. This is correspondence with the Business Committee in relation to a review of Standing Order 29. The Llywydd confirmed that the Business Committee is expecting to further consider its work on the legislative consent process, including matters we raised in our letter dated 10 May, ahead of the summer recess, and that it will keep us informed of its progress. The draft correspondence that we will consider under item 11 is relevant to this matter. Are you content to move on?

Item 4.6 is a written statement by the Cabinet Secretary for Climate Change and Rural Affairs: policy framework for radioactive substances and decommissioning. Are we content to note it and move on?

Correspondence from the Cabinet Secretary for Culture and Social Justice: the Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024. We have correspondence from the Cabinet Secretary for Culture and Social Justice in relation to the well-being of future generations Act. Do you have any comments you wish to make at this stage? No.

Item 4.8 is a written statement by the Cabinet Secretary for Education on amendments to UK Government legislation to support the establishment of the commission for tertiary education and research. Any comments? No.

Item 4.9 is correspondence with the Counsel General on subordinate legislation laid in English only. We have correspondence from the Counsel General regarding subordinate legislation laid in the Senedd in English only. The Counsel General welcomes the committee's engagement with the UK Parliament committee on this matter, but states that

'unless and until the UK Government changes its "well-established position" that joint instruments should be made in English only we are impeded by a significant barrier to making joint instruments bilingually.'

Can I suggest we deal with this in our private session? Yes.

Item 4.10 is correspondence from the Cabinet Secretary for Climate Change and Rural Affairs on the publication of the UK emissions trading scheme scope expansion, waste and integrating greenhouse gas removals consultations. We have this correspondence from the Cabinet Secretary for Climate Change and Rural Affairs. This is in relation to the publication of two consultations on the expansion of the UK emissions trading scheme. Do any Members have any comments? No.

Item 4.11 is correspondence between the Climate Change, Environment, and Infrastructure Committee and the Cabinet Secretary for Climate Change and Rural Affairs on assessment of the Retained EU Law (Revocation and Reform) Act 2023. We have a copy of the correspondence. The climate change committee requested the Cabinet Secretary's view on a number of matters relating to the Retained EU Law (Revocation and Reform) Act. Do Members have any comments? No.

Item 4.12 is correspondence from the Trefnydd and Chief Whip to the Finance Committee—a letter from the Trefnydd and Chief Whip to the Finance Committee in May, which is in the supplementary pack. Any comments any Members want to make? No.

Item 5 is a motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting. Are we content? Yes.