National Assembly for Wales

Welcome to this in-person meeting of the Legislation, Justice and Constitution Committee. No apologies have been received.

Senedd Cymru operates through the medium of both the Welsh and English languages. Interpretation is available during today’s meeting. 

On to item 2, paper 1, the draft report—the papers start at pack page 1. At item 2 we have instruments that raise no reporting issues under Standing Orders 21.2 or 21.3. Item 2.1, these regulations make provision for up to £1,500 of a full-time undergraduate student’s living costs loan for academic year 2024-25 to be cancelled in certain circumstances. Senedd lawyers have identified no reporting points. Do Members have any comments or observations? No.

Item 3, instruments that raise issues to be reported to the Senedd under Standing Orders 21.2 or 21.3. We have these instruments: the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024. These regulations make provision for management of cockle beds within a specified area in Wales, as well as for a new cockle permitting regime. We also have a letter and written statement by the Cabinet Secretary for Climate Change and Rural Affairs. Senedd lawyers have identified 17 technical and three merits reporting points. A Welsh Government response has been requested. I’ll now pass over to Kate from our legal team.

Thank you. Of the 17 technical reporting points, two relate to potentially defective drafting, six are matters that require further explanation from the Welsh Government, and then nine identify inconsistencies between the Welsh and English language texts of the Order. For example, reporting points 7 and 8 are identifying issues with article 10 of this Order, which sets out who is eligible to apply for a permit. The first merits point is just noting the breach of the 21-day convention. The second merits point is seeking clarification from the Welsh Government about the delay between the closing of the consultation on this Order in May 2022 and the laying of the Order in June 2024. The final merits point is just suggesting that it would be helpful to the reader of the Order if the Order included a map of the specified area. We’re waiting for the Welsh Government’s response to all these points.

Do Members have anything they wish to raise? Are we content? Yes.

Item 3.2, National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) (Amendment) Regulations 2024. These regulations amend the principal regulations from 2004. In particular, they place restrictions on the prescribing of certain medications when used to suppress puberty in under-18s. Senedd lawyers have identified three technical reporting points. A Welsh Government response has been requested. I’ll now pass over to Kate from our legal team.

Thank you. The first and third technical reporting points are each just identifying some potentially defective drafting, and the second point is seeking further explanation from the Welsh Government in relation to the definition of a 'general medical practitioner' in regulation 2. We’re just waiting for the Welsh Government’s response.

Do Members wish to raise anything? No. Are we happy to agree these reporting points? Yes.

Item 4, instruments that raise issues to be reported to the Senedd under Standing Orders 21.2 or 21.3, previously considered. We have instruments that raise issues to be reported to the Senedd under Standing Orders 21.2 or 21.3, which have been previously considered by us. The Digital Government (Welsh Bodies) Regulations 2024: we considered and reported on these regulations on 8 July. Members are invited to note the Welsh Government response to the report that has since been received. The debate will take place in Plenary later today. Kate, do you have any views on the Welsh Government's response to draw to Members' attention, and do Members have any observations?

If I could just draw your attention to the fact that the reporting point was noting conflicting information between the explanatory note and the explanatory memorandum about whether or not a regulatory impact assessment had been carried out. The response from the Welsh Government confirms that the error is in the explanatory note. No regulatory impact assessment was carried out because the regulations are already within the scope of the assessment that was carried out for the Tertiary Education and Research (Wales) Act 2022, but the Welsh Government says it will amend the explanatory memorandum to make that point clear. So, Members may just want to note that amending the EM doesn't resolve the error in the explanatory note.

Do Members have anything they wish to add? No.

Item 5 is notifications and correspondence under the inter-institutional relations agreement. We have notifications and correspondence under the inter-institutional relations agreement: correspondence from the Welsh Government's inter-ministerial group meetings, a letter from the Cabinet Secretary for Culture and Social Justice, inter-ministerial group for culture and creative industries, 9 July 2024. We have a letter regarding that meeting, which took place in May, prior to the general election and the new UK Government being appointed. We can expect to hear more about these inter-ministerial group meetings in the near future as they get back under way. If Members are content to note this, we'll move on to the next item.

We have a large number of papers to note: under correspondence in relation to the Health and Social Care (Wales) Bill, a letter from the Minister for Social Care, 9 July, a letter from the Minister for Social Care, 28 June, a letter to the Minister for Social Care, 18 June, a letter from the Minister for Social Care to the Health and Social Care Committee, 28 June, a letter from the Health and Social Care Committee to the Minister for Social Care, 12 June, and a statement of policy intent. Are we happy to note those? Do we wish to discuss any of that in private session later? No-one wants to add—. The clerk and the legal team don't want to say anything. No. 

Item 6.2 is correspondence from the Cabinet Secretary for Economy, Energy and Welsh Language: the Welsh Government's response to the committee's report on the Energy Act 2023 (Consequential Amendments) Regulations 2024. The Cabinet Secretary has responded to the committee's report on Welsh Government's statutory instrument consent memorandum on the Energy Act 2023 (Consequential Amendments) Regulations 2024. As Members know, the regulations were debated and approved by the UK Parliament on 24 May, prior to the prorogation of Parliament before the general election. The Cabinet Secretary's letter states that it is

'regrettable that…it was approved without the opportunity for the Senedd to consider legislative consent'.

The Cabinet Secretary also clarifies the Welsh Government's interpretation of Standing Order 30A and Standing Order 29, and we may wish to discuss that matter in private session. 

Item 6.3 is statement by the First Minister: the Welsh Government's legislative programme. Members are invited to note the statement made in Plenary on 9 July by the First Minister. The First Minister has set out the programme of legislation that can be expected in the next Senedd term, which helps inform our work programme for the year. We may also wish to discuss that in private session. 

Item 6.4 is correspondence from the Trefnydd and Chief Whip on the Senedd Cymru (Electoral Candidate Lists) Bill. At item 6.4, we have letters to us and the Reform Bill Committee, responding to both of our committees' reports. Do Members have any comments they wish to make? The Senedd will debate a motion proposing that the general principles of the Bill are agreed this afternoon. We may also wish to discuss this in private session.

Item 6.5 is correspondence from the Finance Committee to the Cabinet Secretary for Finance, Constitution and Cabinet Office: the Welsh Government budget timetable—a letter from the Finance Committee to the Cabinet Secretary for Finance, Constitution and Cabinet Office on 11 July. The Finance Committee is requesting the Cabinet Secretary's views on proposals relating to the timetable for the Welsh Government budget for 2025-26, to ensure effective scrutiny of the draft budget by committees and the Senedd. Do Members have any comments they wish to make at this time? No.

We'll move on to item 7—a motion under Standing Order 17.42. In accordance with Standing Order 17.42(vi), I invite the committee to resolve to exclude the public from the remainder of the meeting. Do Members agree? Yes. We now move into private session.