Cynulliad Cenedlaethol Cymru

Prynhawn da. Good afternoon, everybody. Welcome to the virtual meeting of the Legislation, Justice and Constitution Committee. We've had no apologies, and everybody is present. As a reminder, 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? A reminder that Senedd Cymru operates through the medium of Cymraeg and Saesneg, and interpretation is available during today's meeting. 

That takes us on to item 2: instruments that raise issues to be reported to the Senedd under Standing Orders 21.2 or 21.3. On to item 3—. Sorry, item 2, the Listed Buildings (Partnership Agreements) (Wales) Regulations 2024. These regulations are part of a package of secondary legislation that bring into force and implement the Historic Environment (Wales) Act 2023. They make provisions about partnership agreements relating to listed buildings in Wales and replace the Listed Buildings (Heritage Partnership Agreements) (Wales) Regulations 2021. Senedd lawyers have identified three technical and two merits reporting points, and a Welsh Government response has been requested.

Can I ask Kate from our legal team if she'd like to run through the reporting points?

Thank you. Two of the technical reporting points are matters that require further explanation from Welsh Government. For example, there's an apparent overlap between the definitions of ‘long-term tenant’ and the definition of ‘owner’ in regulation 5(9). The remaining technical point identifies potentially defective drafting where there's a lack of clarity in the wording of one of the provisions.

The first merits point is asking Welsh Government to clarify how the power to extend a consultation period is used in practice, and whether any consideration has been given to placing a statutory limitation on the length of any such extension. And then the final merits point is just noting the interaction with the Historic Environment (Wales) Act 2023 (Commencement) Order 2024, which Members will be considering at item 3.2 today, which brings into force some of the provisions of the 2023 Act that are referred to in these regulations, and we're just waiting for Welsh Government to provide a response.

Thank you. Do Members have anything they wish to raise? No. Are we happy to agree the reporting points? Yes. Thank you.

Item 3, instruments that raise issues to be reported to the Senedd under Standing Order 21.7. The Tertiary Education Research Act 2022 (Commencement No. 4 and Transitionary and Transitional Provisions) Order 2024. This commencement Order brings into force various provisions under the Tertiary Education and Research (Wales) Act 2022, which established the new Commission for Tertiary Education and Research. Senedd lawyers have identified one reporting point and a Welsh Government response is not required. I'll now pass over to Kate. 

So, given that the Order is subject to no Senedd scrutiny procedure, the reporting point is just drawing Members’ attention to the fact that the Order makes a large number of transitory and transitional provisions, including in relation to primary legislation. 

Thank you. Do Members have any points they want to raise? No. Are we happy to agree the reporting point? Yes.

Paper 4, the Historic Environment (Wales) Act 2023 (Commencement) Order 2024. This commencement Order brings into force all remaining provisions of the Historic Environment (Wales) Act 2023, with one exception. Senedd lawyers have identified one reporting point and a Welsh Government response is not required. Now over to you, Kate.

The reporting point here is simply noting that this is the first commencement Order for the first consolidation Act passed by the Senedd.

Thank you. And do Members want to raise anything? No. 

We move on to item 4, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3 previously considered. This is a regular standing item for this committee. We have nothing to consider this week.

So, we'll move straight on to item 5, written statement and correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Animal Welfare (Livestock Exports) Enforcement Regulations 2024. The Deputy First Minister informs us that he has given his consent to the UK Government to make the regulations. He tells us that

‘this approach will ensure the Regulations are introduced simultaneously across England, Wales, and Scotland.’

He also states in the written statement that

‘Welsh Government officials have a good working relationship with their Defra counterparts and will continue to work with them and the Scottish Government to strengthen the protection of animal welfare during transport, maintaining positive and constructive intergovernmental relations.’

Are Members happy to note this? Yes.

Item 5.2, correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs on the Persistent Organic Pollutants (Amendment) Regulations 2024. The Deputy First Minister informs us of his intention to give consent to the UK Government to make the regulations. He tells us that:

‘On this occasion, it is considered appropriate for the substance of the amendments to apply to Wales as there is no policy divergence between the Welsh and UK Governments in this matter.’

He states that

‘legislating separately for Wales would be neither the most appropriate way to give effect to the necessary changes, nor a prudent use of Welsh Government resources given other important priorities.’

Do Members have any comments? No.

Item 5.3 is a written statement by the First Minister on the Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024. We have a written statement and a letter in relation to these regulations, which amend the commencement date for the practical and operational legislative requirements of the Procurement Act 2023 from October 2024 to February 2025. The First Minister states that the Welsh Ministers provided consent to the UK Government to make the regulations, as is required under the 2023 Act. Are Members content to note this? 

Papers to note. A written statement by the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip: Senedd Cymru (Electoral Candidate Lists) Bill. The Trefnydd informs the Senedd that the Government tabled a motion to withdraw the Senedd Cymru (Electoral Candidate Lists) Bill from further Senedd consideration, to be considered in Plenary tomorrow. Members will recall that we reported on this Bill back in June. Members can discuss this further in private session.

And item 6.2, a written statement by the Cabinet Secretary for Health and Social Care: the Health Services (Provider Selection Regime) (Wales) Regulations 2024. The Cabinet Secretary informs the Senedd that these regulations, laid in August, have been withdrawn. As we noted under item 5.3, the UK Government is delaying the commencement of the Procurement Act 2023 until February 2025, and, as a result, the provisions currently included in the draft regulations need to be amended. The Cabinet Secretary informs us that these amendments will be made and the regulations relaid at a future date. He also commits to providing the Senedd with an update in due course. Are Members content? Yes.

Item 6.3, correspondence from the Cabinet Secretary for Economy, Energy and Planning: Infrastructure (Wales) Act 2024. We have a letter that informs us of the publication of a written statement, setting out details of a consultation covering the new infrastructure consenting regime. The Cabinet Secretary is welcoming input from stakeholders. Do Members have any comments? No.

We'll move on to the next item, item 7, the motion under Standing Order 17.42 to resolve to exclude the public from the remainder of the meeting. 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.