Y Pwyllgor Deddfwriaeth, Cyfiawnder a’r Cyfansoddiad
Legislation, Justice and Constitution Committee02/05/2023
Aelodau'r Pwyllgor a oedd yn bresennol
Committee Members in Attendance
|Alun Davies AS|
|Huw Irranca-Davies AS||Cadeirydd y Pwyllgor|
|James Evans AS|
|Peredur Owen Griffiths AS|
Swyddogion y Senedd a oedd yn bresennol
Senedd Officials in Attendance
|Gerallt Roberts||Ail Glerc|
|Kate Rabaiotti||Cynghorydd Cyfreithiol|
|P Gareth Williams||Clerc|
|Sarah Sargent||Ail Glerc|
Cofnodir y trafodion yn yr iaith y llefarwyd hwy ynddi yn y pwyllgor. Yn ogystal, cynhwysir trawsgrifiad o’r cyfieithu ar y pryd. Lle mae cyfranwyr wedi darparu cywiriadau i’w tystiolaeth, nodir y rheini yn y trawsgrifiad.
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. Where contributors have supplied corrections to their evidence, these are noted in the transcript.
Cyfarfu’r pwyllgor yn y Senedd a thrwy gynhadledd fideo.
Dechreuodd y cyfarfod am 09:08.
The committee met in the Senedd and by video-conference.
The meeting began at 09:08.
Bore da a chroeso i'r sesiwn hon y bore yma.
Good morning and welcome to this session.
This is this morning's session of the Legislation, Justice and Constitution Committee here in the Senedd. Welcome to this meeting. We've got a full turnout of our members, so we have no apologies. We're broadcasting this meeting live on Senedd.tv, and the Record of Proceedings will be published as usual after the event today. We're not expecting a fire alarm, so if there is a fire alarm, Members, follow the ushers out through the marked fire exits and follow instruction, but we don't have any tests forecast for today. And, as per normal, if we can make sure—and I'm just going to do it myself—that mobile devices are switched to silent. I'm glad I checked on mine then. We're broadcasting as normal and operating through interpretation in Welsh and English, and we will get under way.
So, we move first of all to item No. 2, the first substantive item on the agenda, which are instruments to be reported to the Senedd under Standing Order 21.2 or 21.3. And we have one to look at today. It's a made negative resolution instrument, SL(6)349, the Education (Admission Appeals Arrangements) (Wales) (Amendment) Regulations 2023. These, which amend the Education (Admission Appeals Arrangements) (Wales) Regulations 2005, prescribe matters relating to appeals brought under the School Standards and Framework Act 1998, as amended by the Education Act 2002.
The regulations revoke a number of amending regulations made in 2020 and 2021, which made temporary provision because of the COVID pandemic. The regulations also amend the 2005 regulations to make provision about the format of appeal hearings and also whether an appeal may be decided on the basis of written information.
So, just to bring to the attention of Members that Welsh Government laid a revised explanatory memorandum on 28 April 2023 to correct some minor errors. Now, our lawyers have identified one technical reporting point, and I don't believe we've had a Welsh Government response yet, Kate.
Okay. And the technical reporting point?
The technical reporting point asks Welsh Government to explain the approach it's taken to amending the 2005 regulations in light of the expiry of the various coronavirus regulations, and we're awaiting the response.
That's great, so fairly straightforward. Are we content with that, colleagues? We are. Good.
So, we move on to item 3, instruments that raise no reporting issues under Standing Order 21.7. Here, we have one item. It's a draft negative resolution instrument under item 3.1, SL(6)347, the Citizen Voice Body for Health and Social Care (Transfer of Staff, Property, Rights and Liabilities) (Wales) Scheme 2023. So, Members will be aware that the Citizen Voice Body for Health and Social Care Wales replaces the community health councils in Wales. This transfer scheme makes provision related to the transfer of staff, property, rights and liabilities from those community health councils to the Citizen Voice Body for Health and Social Care Wales. We have no reporting points. Anything that colleagues want to raise, or are we happy? We are content with that, and with the reporting points and the draft report.
So, we go on to item 4, where we have instruments that raise reporting issues under Standing Order 21.7. We have one draft report here. It's a draft negative resolution instrument: item 4.1, SL(6)344, 'The Curriculum for Wales—Statements of What Matters Code'. This code places a statutory duty on maintained schools and funded settings to ensure their design planning of the curriculum under the Curriculum for Wales framework includes and draws from the key concepts of statements of 'what matters' as set out in the code. Now, our lawyers have identified one reporting point under Standing Order 21.7, but we don't need a Welsh Government response. So, Kate.
The reporting point notes that Welsh Government is currently updating the online Curriculum for Wales framework guidance in line with this draft code, and according to the explanatory memorandum this is to allow schools and settings greater time to draw on that advice to inform their curriculum design and planning through the 2022-23 academic year.
Okay, so quite straightforward. Content with that? We are.
So, we'll move on then to item 5, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 that we've previously considered. This is a standing part of our agenda, but we have nothing under this section today, Members will be pleased to note, so we can move straight ahead to the next item.
Item 6: notifications and correspondence under the inter-institutional relations agreement. Here we have a couple of items. The first one is item 6.1. We have correspondence from the Minister for Health and Social Services in respect of the Healthcare (International Arrangements) (EU Exit) Regulations 2023. The Minister states in that correspondence that she has received correspondence herself and information from the Minister of State for Health and Secondary Care and UK Government officials, confirming that the UK Government intends to lay the regulations in early June. The regulations will extend to the whole of the UK, and will replace the UK legal framework from implementing the healthcare arrangements in European economic area states and Switzerland, which are provided for in the existing regulations, with a broader legal framework for healthcare agreements between the UK Government and, the phrase, 'rest of the world countries'. We might want to come back to that in private session, but if you're happy to note that for now.
And then we'll move on to item 6.2, which is correspondence from the Minister for Rural Affairs and North Wales, and Trefnydd and the Minister for Climate Change in respect of the inter-ministerial group for environment, food and rural affairs. It provides a summary of a meeting of that inter-ministerial group, held on 17 April 2023. Just to note, the Minister has noted within this that they expressed their disappointment and frustration at the lack of attendance again by the Secretary of State. They also state that, due to the reduced quality of engagement over the last six months, they informed the meeting that the Welsh Government would not attend the next meeting if the Secretary of State would not be in attendance. I know this is a theme that we very much focus on as a committee, the quality of the inter-ministerial engagement, so we'll note that for now, but we might want to return to that as well.
And item 7, then, papers to note. So, we have one item to note here today. It's the written statement by the Counsel General and Minister for the Constitution and the Minister for Social Justice on 25 April on preparing for devolution of justice. They provide an update on the steps the Welsh Government is taking to prepare for the potential devolution of justice to Wales, and they state that the Welsh Government is commissioning work in relation to youth justice and probation, and it intends to take forward work also in relation to policing. We also note from the statement that Dame Vera Baird KC has been appointed as an independent expert adviser to the Welsh Government on justice devolution.
bod y pwyllgor yn penderfynu gwahardd y cyhoedd o weddill y cyfarfod yn unol â Rheol Sefydlog 17.42(vi).
that the committee resolves to exclude the public from the remainder of the meeting in accordance with Standing Order 17.42(vi).
Cynigiwyd y cynnig.
So, colleagues, if you're content with that—we've rattled through that at a fair old speed—can I put to you, then, item 8, which is our standard motion under Standing Order 17.42 to resolve to exclude the public for the remainder of the meeting, so we can go into private? Happy to do so? Good. We'll move into private, please.
Derbyniwyd y cynnig.
Daeth rhan gyhoeddus y cyfarfod i ben am 09:16.
The public part of the meeting ended at 09:16.